Which one of the following statements is NOT TRUE for the SPSC?
(i) The SPSC is not consulted on matters related to cadre management or training.
(ii) The Kerala PSC currently has 21 members.
(iii) The SPSC can be consulted on claims for reimbursement of legal expenses by civil servants.
(iv) The Chairman of the SPSC is eligible for reappointment to the same office.
AOnly (iv)
BOnly (i) and (iv)
COnly (ii) and (iii)
DOnly (iii) and (iv)
Answer:
A. Only (iv)
Read Explanation:
State Public Service Commissions (SPSC)
Constitutional Basis: State Public Service Commissions are established under Part XIV of the Indian Constitution, specifically from Article 315 to 323. This part deals with Public Services under the Union and the States.
Composition and Appointment:
The Chairman and other members of an SPSC are appointed by the Governor of the respective state.
The Constitution does not specify the exact strength of the SPSC members; this is left to the discretion of the Governor.
A significant portion of the members (at least half) should have held office for at least ten years either under the Government of India or the Government of a State.
Tenure and Reappointment:
The Chairman and members of an SPSC hold office for a term of six years or until they attain the age of 62 years, whichever is earlier.
Crucially, the Chairman and members are eligible for reappointment to the same office, but this is a point of distinction from UPSC members who are not eligible for reappointment to the UPSC. Note: This statement in the question suggests the opposite, making it incorrect.
Functions of SPSC (Article 320):
To conduct examinations for recruitment to services of the State.
To be consulted on all matters relating to recruitment methods for civil services and civil posts.
To be consulted on the principles to be followed in making appointments, promotions, and transfers from one service to another.
To be consulted on all disciplinary matters affecting a person serving under the Government of that State in a civil capacity, including memorials or petitions relating to such matters.
To be consulted on any claim for reimbursement of legal expenses incurred by a civil servant while defending himself in legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his official duty.
To advise on any other matter referred to the Commission by the Governor as the President may, by order, refer to the Commission.
Exclusions from Consultation (Article 320 (3)): The SPSC is not required to be consulted on:
Matters relating to the recommendation of the UPSC.
Matters relating to the recruitment of any service or posts made otherwise than by open competitive examination.
Matters relating to the personnel management, including cadre management, and training of the members of any service. Note: This confirms statement (i) is TRUE.
Kerala PSC Specifics:
The Kerala Public Service Commission (KPSC) is the SPSC for the state of Kerala.
As of recent data, the Kerala PSC typically has a Chairman and a number of other members, often around 20. The number can vary based on administrative decisions but generally falls in this range. Statement (ii) reflects a plausible current strength.
Removal of Members: The Chairman or any other member of an SPSC can be removed from office by the President on the ground of misbehaviour, after an inquiry has been made by the Supreme Court. They can also be removed for infirmity of body or mind, insolvency, or engaging in paid employment outside their duties.
Independence: The Constitution ensures the independence of the PSCs by:
Making their appointment by the Governor (or President for UPSC).
Fixing their tenure.
Making their salaries and allowances a charge on the Consolidated Fund of the State.
Prohibiting the Chairman or a member from holding any office of profit under the Government of India or the Government of any State, except for a second term in the same office.