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Which of the following statements regarding the powers of the state legislature concerning the SPSC is/are correct?

  1. The state legislature can extend the jurisdiction of the SPSC to local bodies and public institutions.

  2. The salaries, allowances, and pensions of the SPSC members are determined by and voted upon by the state legislature.

A1 only

B2 only

CBoth 1 and 2

DNeither 1 nor 2

Answer:

A. 1 only

Read Explanation:

Powers of the State Legislature concerning the State Public Service Commission (SPSC)

  • The State Public Service Commission (SPSC) is a constitutional body established under Part XIV (Articles 315 to 323) of the Indian Constitution. Its primary role is to conduct examinations for appointments to the services of the state and to advise the Governor on various service matters.

Regarding Statement 1: Extension of Jurisdiction

  • Article 321 of the Indian Constitution empowers a State Legislature to extend the functions of the SPSC.

  • This allows the legislature to provide for the exercise of additional functions by the SPSC in relation to the services of any local authority, corporate body, or public institution within the state.

  • This provision ensures that the SPSC can play a broader role in ensuring merit-based recruitment even in bodies outside the direct state civil services, thereby promoting good governance.

Regarding Statement 2: Salaries, Allowances, and Pensions

  • The statement that the salaries, allowances, and pensions of SPSC members are determined by and voted upon by the state legislature is incorrect.

  • While the Governor determines the conditions of service, including salaries and allowances of the members and staff of the SPSC, these expenses are charged upon the Consolidated Fund of the State.

  • Article 322 of the Constitution explicitly states that the expenses of the SPSC, including salaries, allowances, and pensions, shall be charged on the Consolidated Fund of the State.

  • Being 'charged' means these expenditures are not subject to the vote of the state legislature, although they can be discussed. This provision is crucial for safeguarding the independence and impartiality of the Commission.


Related Questions:

Which of the following statements are correct regarding the legislative powers during a national emergency?

(i) The Parliament can legislate on State List matters during a proclamation of national emergency under Article 250.
(ii) Laws made by Parliament under Article 250 remain in force indefinitely after the emergency ceases.
(iii) The state legislature’s power to legislate on the same matter is not restricted during a national emergency.

The constitution describes India as a
Under Article 245(1) of the Indian Constitution, Parliament can make laws for:
Which Article of the Indian Constitution states that no law made by Parliament shall be deemed invalid for having extra-territorial operation?

Consider the following statements with regard to Tribunals under Article 323B:

(i) Article 323B empowers both Parliament and State Legislatures to establish tribunals for matters such as taxation, land reforms, and elections.
(ii) Tribunals under Article 323B must be established in a hierarchical structure.
(iii) The jurisdiction of High Courts and the Supreme Court over tribunals under Article 323B was completely excluded by the 42nd Constitutional Amendment Act.

Which of the statements given above is/are correct?