Question

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

(i) The President can remove an SPSC member for engaging in paid employment outside their official duties.

(ii) The SPSC’s recommendations are binding on the state government.

(iii) The Governor determines the conditions of service for the SPSC Chairman and members.

(iv) The SPSC submits an annual report to the Governor.

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

Answer 1

Answer:

A. Only (ii)

State Public Service Commission (SPSC)

• Constitutional Basis: The State Public Service Commission (SPSC) is established under Part XIV of the Constitution of India, specifically under Article 315, similar to the Union Public Service Commission (UPSC).

• Composition: The Governor of the state appoints the Chairman and other members of the SPSC. The strength and qualifications are determined by the Governor.

• Conditions of Service: Article 316(2) of the Constitution empowers the Governor to determine the conditions of service of the Chairman and members of the SPSC.

• Removal of Members:

  • A member can be removed by the President on grounds of misbehaviour. However, before removal, the President must refer the matter to the Supreme Court for an inquiry, and if the court advises removal, the President may remove them.

  • Specific grounds for removal by the President include:

    • If the member engages in any paid employment outside the duties of their office (as per Article 319(1)).

    • Insolvency, infirmity of body or mind, or proved misbehaviour.

• Annual Report: The SPSC submits an annual report on its working to the Governor of the state. The Governor then causes this report to be laid before the state legislature. (Article 323).

• Nature of Recommendations: The recommendations made by the SPSC, especially regarding recruitment, are advisory in nature. The state government is not bound to accept them, although it is expected to consider them seriously. This is a crucial point for exams, as it highlights the non-binding nature of SPSC advice.

• Independence: To ensure independence, the Constitution includes provisions for the removal of members only on specific grounds, and their salaries are charged on the Consolidated Fund of the State, making them non-votable by the state legislature.