Question

With reference to the removal of an SPSC member, which of the following statements is/are INCORRECT?

1. The Chairman of an SPSC is appointed by the Governor but can be removed only by the President.

2. During the course of an inquiry into misbehaviour by the Supreme Court, the President has the power to suspend the concerned member.

• A. 1 only
• B. 2 only
• C. Both 1 and 2
• D. Neither 1 nor 2

Answer 1

Answer:

B. 2 only

State Public Service Commissions (SPSCs)

• The State Public Service Commissions (SPSCs) are constitutional bodies established under Article 315 of the Indian Constitution.

• They play a crucial role in recruiting personnel for state services and advising the state government on various service matters.

Appointment of SPSC Members

• The Chairman and other members of a State Public Service Commission are appointed by the Governor of the respective state. (Article 316)

• Their term of office is six years or until they attain the age of 62 years, whichever is earlier.

Removal of SPSC Members

• While the Governor appoints the members and Chairman of an SPSC, their removal is solely the prerogative of the President of India, not the Governor. (Article 317)

• This provision ensures the independence and impartiality of the commission members by insulating them from political pressure from the state executive.

• The grounds for removal are the same as for UPSC members:

  • Proved misbehaviour

  • Incapacity

  • Being adjudged an insolvent

  • Engaging in any paid employment outside the duties of his office

  • Becoming infirm of mind or body

Inquiry and Suspension during Removal Process

• In cases of misbehaviour, the President refers the matter to the Supreme Court for an inquiry.

• If the Supreme Court, after the inquiry, advises the removal of the member, the President is bound to act on that advice. This makes the Supreme Court's inquiry binding.

• Regarding suspension during an inquiry:

  • During the course of an inquiry by the Supreme Court into the misbehaviour of an SPSC member, the Governor of the state concerned has the power to suspend the member from office. (Article 317(2))

  • This is a crucial distinction: while the President removes, the Governor suspends pending the Supreme Court's report.

Key Takeaways for Competitive Exams

• Appointment Authority: Governor (for SPSC), President (for UPSC).

• Removal Authority: President (for both SPSC and UPSC).

• Suspension Authority during SC inquiry: Governor (for SPSC), President (for UPSC).

• The process of removal is designed to ensure the autonomy and independence of Public Service Commissions, which are vital pillars of democratic governance and merit-based administration.