Chapter 41: STATE PUBLIC SERVICE COMMISSION
Articles 315 – 323
contain elaborate provisions regarding composition,
appointment and removal of
members and other matters related to SPSC.
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.
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
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.
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
All expense of SPSC is
charged on the consolidated fund on state.
for appointments to state service.
It is consulted on
matters of personnel requirement like:
matters, deciding suitability of candidates, their
promotion and transfer.
of legal expense incurred by a civil servant in defending
an action performed
in course of official duty.
of employees, pension for injuries sustained on duty,
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.
SPSC isn’t consulted
in the following matters
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
JOINT PUBLIC SERVICE
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.
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