Question

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

(i) The SPSC is a constitutional body established under Articles 315–323.

(ii) The Chairman of the SPSC can be appointed as a member of the UPSC after completing their term.

(iii) The SPSC is consulted on all disciplinary matters affecting state civil servants.

(iv) The SPSC’s jurisdiction can be extended to local bodies by the Governor’s regulation.

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

Answer 1

Answer:

A. Only (iv)

State Public Service Commission (SPSC)

• Constitutional Mandate: SPSCs are constitutional bodies, established under Part XIV of the Indian Constitution, specifically within Articles 315 to 323. This constitutional status ensures their independence and autonomy.

• Appointment of Chairman and Members: The Governor of the respective state appoints the Chairman and other members of the SPSC. However, they can be removed only by the President, not the Governor, ensuring a layer of protection.

• Re-appointment and UPSC: The Chairman of an SPSC, after completing their term, is eligible for appointment as the Chairman or a member of the Union Public Service Commission (UPSC) or another SPSC. However, other members of the SPSC are not eligible for re-appointment to the same post.

• Functions and Consultation: The SPSC is consulted by the state government on various matters, including:

  • Matters relating to recruitment to civil services and posts in the state.

  • Matters relating to promotions and transfers from one service to another.

  • All disciplinary matters affecting a person serving under the government of a state in a civil capacity.

  • Claims of the government servants for reimbursement of legal expenses incurred by them in defending any suit or proceeding.

  • Claims for any award of a pension in respect of injuries sustained by a government servant.

• Jurisdiction Extension: The jurisdiction of an SPSC can be extended by the Governor to matters relating to the services for which the UPSC or a Public Service Commission constituted for two or more States (JPSC) is required to be consulted. This extension requires a regulation made by the Governor, which must be laid before the state legislature. However, the Governor cannot extend the jurisdiction of the SPSC to local bodies or state government bodies through mere regulation; such an extension usually requires legislative action or specific constitutional amendments.

• Independence: To maintain impartiality, the conditions of service of the members of the SPSC are determined by the Governor, but once appointed, these conditions cannot be altered to their disadvantage. The expenses of the SPSC are charged on the Consolidated Fund of the State, making them non-votable by the state legislature.