Question

Which one of the following statements is NOT TRUE for the SPSC?

(i) The SPSC’s expenses are not subject to a vote in the state legislature.

(ii) The Supreme Court has held that failure to consult the SPSC does not invalidate government decisions.

(iii) The SPSC can be consulted on any matter referred to it by the President.

(iv) The state legislature can amend or repeal regulations made by the Governor regarding matters excluded from SPSC consultation.

• A. Only (iii)
• B. Only (i) and (iii)
• C. Only (ii) and (iv)
• D. Only (iii) and (iv)

Answer 1

Answer:

A. Only (iii)

State Public Service Commission (SPSC)

• Constitutional Basis: The State Public Service Commissions (SPSCs) are established under Part XIV of the Indian Constitution, specifically from Article 315 to 323.

• Independence and Accountability: SPSCs are autonomous bodies designed to ensure fair and merit-based recruitment in the state services.

• Statement (i): Expenses Not Subject to Vote: The expenses of an SPSC, including salaries, allowances, and pensions of its members, are charged on the Consolidated Fund of the State. This means these expenses are not subject to the vote of the State Legislature, ensuring financial independence. (Article 322)

• Statement (ii): Supreme Court on Consultation Failure: The Supreme Court has ruled that while consultation with the SPSC is mandatory, its failure to consult does not automatically invalidate the government's decision. However, such a decision can be challenged on grounds of malafide intention or arbitrariness.

• Statement (iii): Role of the Governor vs. President: This statement is NOT TRUE. The SPSC can be consulted on matters referred to it by the Governor of the state, not the President of India. The President's powers regarding consultation with UPSC are distinct. (Article 320(3))

• Statement (iv): Legislature's Power to Amend Regulations: The Governor, in consultation with the SPSC, can make regulations regarding the method of recruitment and other matters concerning the SPSC. The State Legislature has the power to amend or repeal these regulations, subject to constitutional provisions. (Article 309 and Article 320)

• Competitive Exam Focus: Pay close attention to the roles of the Governor and the President concerning the SPSC and UPSC respectively, as this is a common area for tricky questions. Also, understand the implications of non-consultation and the financial autonomy of these bodies.