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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:

There is no division of judicial power between the Centre and the States because:
Articles 256 and 257 reflect which nature of Indian federalism?

What is/are the major feature(s) of the Doctrine of Pleasure in India?

(i) It allows the President or Governor to terminate civil servants’ services without notice, subject to Article 311 restrictions.
(ii) It applies to the tenure of Supreme Court Judges and the Chief Election Commissioner.
(iii) It was modified from the British legal system to suit the Indian social structure.

Which of the following statements are correct regarding the Anandpur Sahib Resolution and West Bengal Memorandum?
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(iii) Both were fully implemented by the Central government.

Consider the following:

Statement: The Governor of Assam can direct that an act of Parliament does not apply to tribal areas in the state.
Assertion: This power is exclusive to the Governor of Assam and not shared with the President.

Which of the following is correct?