State Public Service Commission (SPSC)

• Parallel to the UPSC at the Centre.
• Dealt with in Articles 315 to 323 in Part XIV of the Constitution.

Composition

• Consists of a chairman and other members appointed by the Governor.
• Strength not specified by the Constitution, left to the discretion of the Governor.
• Qualifications:
  • One-half of the members should have held office for at least ten years under the Government of India or a state.
• The governor determines the conditions of service of the chairman and members.
• Governor authorized to make provisions for staff numbers and service conditions.
• Term: Six years or until 62 years of age, whichever is earlier.
• Can relinquish office by addressing resignation to the governor.
• Governor can appoint an acting chairman:
  • When the office of the chairman falls vacant.
  • When the chairman is unable to perform duties.

Removal

• Appointed by Governor, removed ONLY by the President.
• Grounds and manner of removal same as for UPSC chairman/member.
• Circumstances for removal by President:
  • Adjudged an insolvent (bankrupt).
  • Engages in paid employment outside duties of office.
  • Unfit to continue due to infirmity of mind or body.
• President can remove for misbehaviour, but must refer to the Supreme Court for enquiry.
  • If Supreme Court upholds the cause, President can remove.
  • Supreme Court's advice is binding on the President.
  • Governor can suspend the concerned chairman/member pending the President's order after Supreme Court report.
• Misbehaviour defined:
  • Concerned/interested in any contract/agreement made by the Government of India or a state.
  • Participates in the profit of such contract/agreement.

Independence

• Safeguarded by Constitution:
  • Removal only by the President and only on specific grounds.
  • Conditions of service cannot be varied to their disadvantage after appointment.
  • Expenses charged on the consolidated fund of the state, not subject to state legislature vote.
  • Chairman eligible for appointment as chairman/member of UPSC or chairman of another SPSC, but not for any other government employment.
  • Member eligible for appointment as chairman/member of UPSC, or chairman of that/another SPSC, but not for any other government employment.
  • Chairman/member not eligible for reappointment to that office after completing the first term.

Functions

• Performs functions for state services similar to UPSC for Central services.
• Conducts examinations for appointments to state services.
• Consulted on:
  • Methods of recruitment to civil services and posts.
  • Principles for appointments, promotions, and transfers.
  • Disciplinary matters.
  • Claims for reimbursement of legal expenses.
  • Claims for pension due to injuries sustained while serving.
  • Any matter referred by the Governor.
• Supreme Court held: failure to consult SPSC does not invalidate government decision, provision is directory not mandatory.
• Selection by SPSC does not confer any right to the post. Government must act fairly.
• State legislature can confer additional functions on SPSC.
• Jurisdiction can be extended by an Act made by the state legislature.

Limitations

• SPSC is NOT consulted on:
  • Making reservations of appointments/posts for backward classes.
  • Considering claims of scheduled castes/tribes in appointments.
• Governor can exclude posts, services, and matters from SPSC purview.
  • Regulations made by the governor must be laid before each House of the state legislature for at least 14 days.
  • State legislature can amend or repeal them.

Role

• 'Watchdog of merit system' in the state.
• Concerned with recruitment and advises on promotion/disciplinary matters.
• Not concerned with:
  • Classification of services.
  • Pay and service conditions.
  • Cadre management.
  • Training.
• SPSC is a central recruiting agency.
• Department of Personnel/General Administration Department is the central personnel agency.
• Recommendations are advisory, not binding.
• Government can make rules regulating advisory functions.
• Emergence of State Vigilance Commission (SVC) has affected SPSC's role in disciplinary matters.
  • SPSC has an edge being an independent constitutional body.
• SPSC is consulted by the governor while framing rules for appointment to judicial service (other than district judges). State high court is also consulted.

Joint State Public Service Commission (JSPSC)

• For two or more states.
• Created by an act of Parliament on request of the state legislatures concerned (statutory, not constitutional body).
• Chairman and members appointed by the President.
• Term: Six years or until 62 years of age, whichever is earlier.
• Can be suspended/removed by, and resign to, the President.
• Number of members and their conditions of service determined by the President.
• Presents annual performance report to each concerned state governor.
• Each governor places the report before the state legislature.

Articles related to SPSC

Article No.	Subject-matter
315	Public Service Commissions for the Union and for the states
316	Appointment and term of office of members
317	Removal and suspension of a member of a Public Service Commission
318	Power to make regulations as to conditions of service of members and staff of the Commission
319	Prohibition as to the holding of office by members of commission on ceasing to be such members
320	Functions of Public Service Commissions
321	Power to extend functions of Public Service Commissions
322	Expenses of Public Service Commissions
323	Reports of Public Service Commissions