Question

Which of the following statements regarding the removal and suspension of SPSC members are correct?

1. The Governor has the power to suspend an SPSC member during a Supreme Court enquiry into their conduct.

2. The President is constitutionally bound by the advice given by the Supreme Court in cases of removal for misbehaviour.

3. The Governor can remove a member for reasons of insolvency or physical incapacity without presidential intervention.

• A. 1 & 2
• B. 2 & 3
• C. 1 & 3
• D. All are correct

Answer 1

Answer:

A. 1 & 2

Understanding the Removal and Suspension of State Public Service Commission (SPSC) Members

• The provisions for the removal and suspension of members of Public Service Commissions (both UPSC and SPSC) are primarily laid out in Article 317 of the Indian Constitution.
• Appointment vs. Removal: While the Governor appoints the Chairman and members of a State Public Service Commission, the power to remove them rests solely with the President of India. This distinction is crucial for competitive exams.

Grounds for Removal

• A member of an SPSC can be removed by the President on the following grounds:
  • Misbehaviour: This is the most common and complex ground.
  • Insolvency: If the member becomes an undischarged insolvent.
  • Engaging in outside employment: If the member engages in any paid employment outside the duties of his office.
  • Infirmity of mind or body: If, in the opinion of the President, the member is unfit to continue in office by reason of infirmity of mind or body.

Procedure for Removal due to Misbehaviour

• If the removal is on the ground of misbehaviour, the President must refer the matter to the Supreme Court for an inquiry.
• The Supreme Court conducts a detailed inquiry into the charges.
• After the inquiry, the Supreme Court submits its report and advice to the President.
• The President is constitutionally bound by the advice tendered by the Supreme Court in this regard. This means if the Supreme Court recommends removal, the President must remove the member. This ensures judicial oversight and independence.

Suspension during Inquiry

• While the Supreme Court is conducting an inquiry into the conduct of an SPSC member for misbehaviour, the Governor has the power to suspend that member from office.
• This power of suspension allows for the smooth conduct of the inquiry without the member being able to influence it, demonstrating a checks and balances mechanism.

Removal for Other Grounds (Insolvency, Incapacity)

• For reasons other than misbehaviour (i.e., insolvency, engaging in other paid employment, or infirmity of mind or body), the President can remove the member without a reference to the Supreme Court.
• However, it is imperative to note that even for these reasons, the removal power rests with the President, not the Governor. The Governor does not have the authority to remove an SPSC member under any circumstances; only the power to suspend during an SC inquiry.