State Public Service Commission | Indian Polity for UPSC CSE PDF Download

State Public Service Commission: Powers, Functions and Responsibilities

• The State Public Service Commission is also a constitutional body. There is a State Public Service Commission in every state.
• The same set of Articles (i.e., 315 to 323) of the Constitution also deal with the composition, appointment and removal of members, power and functions and independence of a State Public Service Commission.

Composition

• UPSC/SPSC consists of a chairman and other members appointed by President/Governor.
• UPSC consists of 9-11 members including the chairman - SPSC Constitution does not specify.
• No qualifications are prescribed for Commission’s membership except that one-half of the members should have held office for at least ten years under the Government of India or a state.
• The Constitution authorises President/Governor to determine conditions of service of chairman and other members of the Commission.
• Chairman and members of the Commission hold office for a term of six years or until they attain the age of 62 years (UPSC - 65 years).
• They address their resignation to the president/governor.
• They can also be removed before the expiry of their term by the president in the manner provided in the Constitution.
• President/Governor can appoint one of the members of UPSC/SPSC as an acting chairmanunder two circumstances:
  • (a) When the office of chairman falls vacant; or
  • (b) When the chairman is unable to perform his functions due to absence or some other reason.
• Acting chairman functions until a person appointed as chairman enters on duties of office or until the chairman is able to resume his duties.

Removal

• Their removal is solely the responsibility of the president (not the governor).
• The president can remove the chairman or any other member of UPSC/SPSCunder certain circumstances:
  • If he is adjudged an insolvent (that is, has gone bankrupt);
  • If he engages, during his term of office, in any paid employment outside the duties of his office;
  • If he is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body.
• Additionally, the president can remove the chairman or any other member of UPSC/SPSC for misbehaviour.
• In such cases, the president must refer the matter to the Supreme Court for an enquiry.
• Advice tendered by the Supreme Court in this regard is binding on the president.
• During the course of an enquiry by the Supreme Court, the Governor (not the president) can suspend the chairman or member of UPSC.

Independent & Impartial functioning

• Chairman or Member of UPSC/SPSC can be removed from office by the president only in the manner and on grounds mentioned in the Constitution.
• Service of the chairman or a member, though determined by the Governor, cannot be varied to his disadvantage after his appointment.
• Entire expenses including the salaries, allowances, and pensions of the chairman and members of the SPSC are charged on the Consolidated Fund of State.
• Chairman of SPSC is not eligible for further employment in Centre or state.
• Is eligible for appointment as chairman or a member of UPSC or as the chairman of any other SPSC.
• Member of SPSC is eligible for appointment as chairman of UPSC or a State Public Service Commission (SPSC).
• SPSC is eligible for appointment as the chairman or a member of the UPSC, or as the chairman of that SPSC or any other SPSC.
• But not for any other employment in the Government of India or a state.
• Chairman or a Member of SPSC is not eligible for reappointment to that office (i.e., not eligible for the second term).

Functions

• Conducts examinations for appointments to – services of the state.
• All matters relating to methods of recruitment to civil services and for civil posts. 
• Principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another.
• Matters related to grant of extension of service and re-employment of certain retired civil servants.
• Jurisdiction of SPSC can be extended by an act made by State Legislature.
• SPSC presents, annually, to the Governor a report on its performance.
• President places this report before both the Houses of -> both the Houses of the state legislature

Outside jurisdiction of the SPSC

• Making reservations of appointments– Backward class/ SC/ ST.
• Claims of scheduled castes and scheduled tribes in making appointments to services and posts.
• Governor can exclude posts, services and matters from purview – SPSC.
• But Constitution states that- all such regulations made by the governor shall be laid before each House of the state legislature for at least 14 days.
• The state legislature can amend or repeal them.

Role

• Watch-dog of merit system.
• The role of SPSC is not only limited but also recommendations made by it are only of advisory nature and hence, not binding on the government.
• The emergence of the State Vigilance Commission (SVC) in 1964 affected the role of SPSC in disciplinary matters - Conflicting advise.
• SPSC, being an independent constitutional body, has an edge over the SVC, which is created by an executive resolution of the Government of State and conferred a statutory status.