State Public Service Commission UPSC Notes | EduRev

Indian Polity for UPSC CSE

UPSC : State Public Service Commission UPSC Notes | EduRev

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State Public Service Commission: Powers, Functions and Responsibilities

State Public Service Commission UPSC Notes | EduRev

  • 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.

State Public Service Commission UPSC Notes | EduRev

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 of Commission should be such persons who have held office for at least ten years either under the Government of India or under the government of a state. 
  • Constitution also authorises President/Governor to determine conditions of service of chairman and other members of Commission.
  • Chairman and members of Commission hold office for a term of six years or until they attain the age of 62years. (UPSC-65 Years)
  • Addressing their resignation to president/Governor.
  • They can also be removed before the expiry of their term by the president in the manner provided in Constitution.
  • President/Governor- can appoint one of the members of UPSC/SPSC as an acting chairman in the following 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 till a person appointed as chairman enters on duties of office or till chairman is able to resume his duties.

State Public Service Commission UPSC Notes | EduRev

Removal

  • They can be removed only by the president (and not by the governor).
  • President can remove the chairman or any other member of UPSC/SPSC from office under the following circumstances:- Same for UPSC+ SPSC
    (a) If he is adjudged an insolvent (that is, has gone bankrupt);
    (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.
  • In addition to these, the president can also remove the chairman or any other member of UPSC/SPSC for misbehaviour.
  • In this case, the president has to refer the matter to the Supreme Court for an enquiry. 
  • Advise tendered by Supreme Court in this regard is binding on the president.
  • During the course of an enquiry by the Supreme Court, Governor (Not president) can suspend chairman or member of UPSC.

Independent & Impartial functioning

  • Chairman or Member-> UPSC/SPSC can be removed from office by the president only in the manner and on grounds mentioned in 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->UPSC-> is not eligible for further employment in Centre or state.
  • Is eligible for -> as chairman or a member of UPSC or as the chairman of any other SPSC.
  • Member of SPSC->UPSC 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 or 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

State Public Service Commission UPSC Notes | EduRev

  • 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
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