40. State Public Service Commission Flashcards
Composition: SPSC
Chairman and other members appointed by the governor of the state.
Strength of the commission left to the discretion of the governor.
No qualification prescribed for the members except one half of the members should have had held govt office for 10 yrs.
Governor to determine service conditions.
Members+chairman hold office for 6yrs or till the age of 62yrs, whichever is earlier. (In case of UPSC age limit is 65) however they can relinquish their office at any time by addressing the resignation to the governor.
What is State Public Service Commission in short?
Parallel to the UPSC at the centre, there is a State Public Service Commission (SPSC) in a state.
The same set of articles (i.e. 315 to 323 in part XIV) of the constitution also deals with composition, appointment and removal of members, power and functions and independence of the SPSC.
Removal of the members: SPSC
Although the chairman and members of a SPSC are appointed by the governor, THEY CAN BE REMOVED ONLY BY THE PRESIDENT (and not by the governor).
The president can remove them on the same grounds and in the same manner as he can remove a chairman/members of the UPSC.
How the independence of SPSC has been assured by the constitution?
As in the case of UPSC, the constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of a SPSC:
- SECURITY OF TENURE:
The chairman/members of the SPSC can be removed from the office by the president only. (On the grounds and manner mentioned in the constitution)
- UNALTERABLE CONDITIONS OF SERVICE once appointed:
The conditions of service of the chairman/members can not be varied to its disadvantage after appointment.
- EXPENSES ON THE CONSOLIDATED FUND of the state:
All the expenses including the salaries, allowances and pensions of the chairman/members are charged on the consolidated fund of the state. (Thus they are not subject to vote in the state legislature)
- The chairman of a SPSC (on ceasing to hold office) is eligible for appointment as the chairman or member of the UPSC or as the chairman of any other SPSC, but not for any other employment under the govt of India or a state.
- A member of a SPSC (on ceasing to hold office) 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 under govt of India or state.
- NO REAPPOINTMENT to that office
Functions of the SPSC
A SPSC performs all those functions in respect of the state services as UPSC does in relation to central services:
- Conducts examinations for appointments to state services.
- It is consulted on the following matters related to personnel management:
a) methods of recruitment to civil services and for civil posts.
b) principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another.
c) the suitability of candidates for appointments to civil services and posts; for promotions and transfers from one service to another; and appointments by transfer or deputation.
The concerned departments make recommendations for promotions and request the SPSC to ratify them.
d) all disciplinary matters affecting a person serving under the govt of the state in a civil capacity including memorials and petitions relating to such matters.
3. any claim of reimbursement of legal expenses incurred by a civil servant in defending legal proceeding instituted against him in respect of acts done in the execution of his official duties.
4. any claim for the award of pension in respect of the injuries sustained by a person while serving under the govt of the state and any question as to the amount of any such award.
5. Any other matter related to the personnel management.
Supreme Court held that any irregularities in consultation with the SPSC or acting without consultation does not invalidate the decision of the govt. Thus, the consultation provision is directory and not mandatory.
Similarly, selection by the SPSC does not confer any right to the post upon the candidate.
Additional functions relating to services of the state can be conferred on the SPSC by the state legislature.
It can also place the personnel system of any local authority, corporate body or public institution within the jurisdiction of the SPSC. Hence the jurisdiction of the SPSC can be extended by the act made by the state legislature.
The SPSC annually presents a report to the governor on its performance which in turn is presented in both the houses of the state legislature by the governor, along with the memorandum explaining the cases where the advice of the commission was not accepted and the reasons for such non-acceptance.
What is Joint State Public Service Commission?
The constitution makes a provision for the establishment of a Joint State Public Service Commission (JSPSC) for two or more states.
While UPSC and SPSC are directly created by constitution, a JSPSC can be created by an act of Parliament on the request of the state legislature concerned.
Thus, JSPSC is a STATUTORY and NOT A CONSTITUTIONAL BODY.
The two states of PANJAB and HARYANA had a JSPSC for a short period, after the creation of Hayana out of Panjab in 1966.
The chairman and members of JSPSC are appointed by the president. They hold office for term of 6 yrs or until they attain the age of 62 yrs, whichever is earlier. They can be suspended or removed by the president. They can also resign from their offices at any time by submitting their resignation letter to the president.
The number of members of a JSPSC and their conditions of service are determined by the president.
A JSPSC presents its annual performance report to each of the concerned state governors. Each governors places the report before the state legislature.
The UPSC can also serve the needs of a state on request of the state governor and with the approval of the president.
