Chapter 41: STATE PUBLIC SERVICE COMMISSION

Introduction

Articles 315 – 323 contain elaborate provisions regarding composition, appointment and removal of members and other matters related to SPSC.


Composition:

The commission has a chairman and other members as determined by the governor. Constitution hasn’t given any qualifications except that 1/2 of the members should have at least 10 years of experience under central or state government.

Term:

The chairman and member occupy office for 6 years or till they reach 62 years. They can resign by writing to Governor and also be removed by president before their term expires. Grounds for removal are proved misbehaviour or incapacity. In this case president has to refer matter to SC and if SC inquiry finds him guilty then SC can advice removal. This advice is binding on president. Other grounds are engages in paid employment, becomes bankrupt or in presidents opinion is unfit to continue due to infirm body or mind.

Governor can suspend the chairman or member pending investigation.

Governor can appoint acting chairman from amongst the members if the office of chairman falls vacant or chairman can’t discharge duties.

 

Independence of Commission:

Commission members aren’t eligible for reappointment to same post.

Chairman is ineligible for reappointment under any government. But is eligible for employment as chairman or member of UPSC or chairman of other SPSC. Member of SPSC can only be appointed as chairman or member of UPSC or any other SPSC or chairman of that SPSC.

All expense of SPSC is charged on the consolidated fund on state.

Functions:

Conducts examination for appointments to state service.

It is consulted on matters of personnel requirement like:

·         Disciplinary matters, deciding suitability of candidates, their promotion and transfer.

·         Reimbursement of legal expense incurred by a civil servant in defending an action performed in course of official duty.

·         Reappointment of employees, pension for injuries sustained on duty, miscellaneous personnel matters.

The advice of SPSC is not binding on government. Consultation of SPSC is a discretionary power not mandatory and can’t be challenged in courts.

The jurisdiction of SPSC can be extended by state legislature. SPSC presents an annual report to governor which is tabled in the house.

Limitations:

SPSC isn’t consulted in the following matters

1.      Appointment for posts taking consideration to claims of backward caste, SC and ST.

Governor can exclude posts, services, matters from purview of SPSC. With respect to state services governor can make regulations specifying matters where consultation of SPSC isn’t necessary but such regulations have to be approved by state legislature within 14 days. Creation of SVC has affected its role in consultation on disciplinary matters.


JOINT PUBLIC SERVICE COMMISSION

Constitution makes provision for a JPSC to cater to needs of two or more states. JPSC is formed by an act of parliament. It submits reports to state governors. President decides composition, tenure, conditions of service, removal. Chairman and Members have a term of six years or till 62. They can be suspended or removed by president. Or they can resign by writing to president.

Quiz

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