State Public Service Commission - Questions and Answers

ANSWER: All of the above

Explanation:

• The functions of the State Public Service Commission (SPSC) are similar to those of the UPSC.

They are -


• Conduct examinations for appointment to the services of the state.

In relation to Personnel Management it is consulted on the following matters -

(a) All the matters relating to the methods of recruitment to civil services and for civil posts.

(b) The principles that need to be followed in making appointments to civil services and posts.

(c) The principles for making promotions and transfers from one service to another.

(d) The suitability and eligibility of candidates for appointments to civil services and posts; for promotions, deputation etc.

(e) Recommendations for promotions are made by concerned departments and these are ratified by the request the UPSC.

(f) Disciplinary matters relating to different Civil Services including memorials or petitions relating to such matters.

Some disciplinary actions can be -

1. Censure i.e., severe disapproval.

2. Withholding of increments or promotions.

3. Recovery of pecuniary loss.

4. Reduction to lower service or rank (Demotion) or compulsory retirement.

5. Removal or dismissal from service (dismissal disqualifies a person from future employment under the government while removal allows the possibility of such future employment).

(g) Matters concerning grant of extension of service and re-employment of certain retired civil servants.

(h) Other matters related to personnel management.

(i) SPSC is consulted along with the concerned state High Court, while framing rules for appointment to judicial service of the state other than the posts of district judges, by the Governor.


• The Supreme Court has said that if the government does not consult SPSC in the above matters, the aggrieved public servant cannot move the court.


• Thus any irregularity in consultation with the SPSC does not nullify the decision of the government.


• The provision is not obligatory.


• Selection by the SPSC does not confer any right to the post on the candidate.


• State Legislature can confer additional functions relating to the services of the Union.


• It can also place the personnel system of any authority, corporate body or public institution within the jurisdiction of the UPSC.


• The SPSC annually presents report on its performance to the Governor.


• The Governor places this report before the State Legislature, along with reasons for non-acceptance of advice of the commission.

ANSWER: Only 2

Explanation:

Independence of SPSC -

Following provisions of the Constitution safeguard the independence of the SPSC -

(a) Only President can remove the Chairman or a member of the SPSC and only in the manner and on the grounds mentioned in the Constitution.

(b) Thus, there is security of tenure.

(c) The conditions of service of the Chairman or a member cannot be varied to his disadvantage after his appointment.

(d) The entire expenditure including salaries, allowances etc., of the Chairman and members of the SPSC are charged on the Consolidated Fund of India.

(e) Hence, they are not voted in Parliament.

(f) The Chairman of SPSC on ceasing to hold office is not eligible for further employment in the Government of India or a state. But, he or she can be Chairman or member of UPSC or chairman of other SPSC.

(g) A member of SPSC on ceasing to hold office is eligible for appointment as the Chairman or member of UPSC or Chairman of the same or other SPSC, but not in any other employment in the Government of India or a state.

(h) The Chairman or a member of SPSC after having completed his first term is not eligible for reappointment to that office. Thus, there is no second term for the same office.

ANSWER: Only 2

Explanation:

Only the President can remove the chairman or any other member of SPSC from the office under the below mentioned circumstances -

(a) if he is adjudged an insolvent (that is, has gone bankrupt); or

(b) if he engages, during his term of office, in any paid employment outside the duties of his office; or

(c) if he is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.


• Though the Governor appoints them, only President can remove them.


• This is similar to removal of Chairman or member of UPSC.


• President can remove the chairman or any other member of SPSC for misbehavior, but, in that scenario, he has to refer the matter to the Supreme Court for an enquiry.


• If the Supreme Court, on enquiry, finds the person guilty and advises the same, the President can remove the Chairman or a member.


• The advice given by the Supreme Court in this regard is binding on the President.


• During the course of enquiry by the Supreme Court, the president can suspend the chairman or the member of UPSC.

The Constitution states that the chairman or any other member of the SPSC is deemed to be guilty of misbehavior if he/she -

(a) is concerned or interested in any contract or agreement made by the Government of India or the government of a state; or

(b) participates in any way in the profit of such contract or agreement or in any benefit there from otherwise than as a member and in common with other members of an incorporated company.

ANSWER: Neither 1 nor 2

Explanation:

• The State Public Service Commission (SPSC) is independent Constitutional Body.


• It is the central recruiting agency for the concerned state.


• Articles 315 to 323 in Part 14 of the Constitution contain detailed provisions regarding the composition, appointment etc., of the SPSC.

Composition of SPSC -


• The SPSC consists of a Chairman and other members.


• They are appointed by the Governor of the State.


• The Constitution has not specified the strength of the commission.


• No qualifications are prescribed for the commission’s membership.


• Only mentioned restriction is that one-half of the Members of the Commission should be people who have held office for at least ten years either under the Government of India or under the Government of a state.


• Governor is empowered by the Constitution to determine the service conditions of the Chairman and other Members of the Commission.


• The Chairman and Members of the Commission hold office for a term of 6 years or until they attain the age of 62 years, whichever is earlier.


• But, they can resign at any time by addressing their resignation to the Governor.

In the following scenarios the governor can appoint one of the members of the SPSC as an acting Chairman -

(a) when the office of the chairman is vacant; or

(b) when the chairman is unable to perform his functions due to absence or some other reason.


• The acting chairman functions till a new chairman comes or till the chairman is able to resume his duties.

Joint State Public Service Commission (JSPSC) -


• JSPSC can be created by an act of Parliament on the request of the concerned State Legislatures.


• A JSPSC is a statutory and non-constitutional body.


• In 1966, when Haryana was created out of Punjab, for a brief period both states had a Joint Public Service.