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Evolution and Significance of State Public Service Commissions

• Constitutional Basis: Article 315 to 323 (Part XIV) deals with the composition, appointment and removal of members along with the independence, powers and functions of the SPSC.
• Government of India Act, 1919: proposed to set up the Federal Public Service Commission.
• Establishment: In 1926 on the recommendation of Lee Commission (1924), the Federal Public Service Commission was established.
• GoI Act, 1935: provided for the Central and State Public Service Commission.

Objectives and Responsibilities of SPSC

• Responsible for the recruitment of the State services and advises the government on promotion and disciplinary matters.
• Watchdog of merit system in the State.
• SPSC is only a central recruiting agency in the state while the Department of Personnel or the General Administration Department is the central personnel agency in the state.

Composition and Tenure of State Public Service Commissions

• The composition of the State Public Service Commission is similar to that of the Union Public Service Commission.
• The SPSC consists of a Chairman and other members who are appointed by the GOVERNOR of a state.
• The Governor of a state enjoys discretionary power to determine the composition and conditions of service of the chairman and other members of SPSC.
• Qualification: According to the Constitution of India, 50% of the members of SPSC should be those who have held government office (Government of India/State Government) for at least 10 years. It mentions no other qualification.
• Tenure: All the members including the Chairman hold office for a six year term, or until they attain the age of 62 years, whichever is earlier.
• Resignation: All the members including the Chairman can resign from their offices at any time by addressing their resignation to the Governor.

Acting Chairman Appointment:

The Governor can temporarily appoint one of the members of the SPSC as an acting chairman if:

• The office of the chairman of the commission becomes vacant; or
• The chairman of the commission is unable to perform the duties of his office due to absence or for any other reason.

Procedures and Grounds for Removal

Security and Financial Independence

• Security of Tenure: The chairman and other members of SPSC can only be removed on the basis of grounds mentioned in the constitution only.
• The conditions of service of the Chairman and the members cannot be changed to their disadvantage after the appointment.
• Expenses: No requirement of vote of State Legislature to meet the expenses of SPSC as all the expenses are charged on Consolidated funds of the State.

Eligibility for Further Employment:

The chairman or member of a SPSC cannot be reappointed to the same position after their first term.

Functions and Advisory Role of SPSC

• It conducts examinations for appointment to the Services of State.
• It is consulted on the matters below:
  • All matters relating to methods of recruitment to civil services and for civil posts.
  • The principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidates.
  • All disciplinary matters affecting a person serving under the Government of State in a civil capacity.
  • Any claim of costs incurred by a civil servant in defending legal proceedings instituted against him.
  • Any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government.
  • Any matter related to personnel management.
• It presents, annually, a report on its performance to the Governor of a State.
• The Governor then places this report before the State Legislature, along with a memorandum explaining non-acceptance of advice.
• The role of SPSC is limited and recommendations are only advisory in nature, hence, not binding upon the government.
• The SPSC is consulted by the governor along with the State High Court while framing rules for appointment to judicial service.
• The difference between removal and dismissal is that the former does not disqualify for future employment under the government while the latter disqualifies.

SPSC and SVC in Disciplinary Matters

• Since the inception of SVC, the role of SPSC in disciplinary matters has been affected. Both are consulted by the government.
• SPSC being an independent body has an edge over SVC. To avoid possibilities of the difference of opinion between SPSC and SVC anyone will be consulted.

Limitations in State Appointments

• Not consulted while making reservations of appointments or posts in favour of any backward class of citizens.
• Not consulted while taking into consideration the claims of scheduled castes and scheduled tribes.
• The Governor can exclude posts, services and matters from the purview of the SPSC.
• The Supreme Court has held that if the government fails to consult SPSC, the aggrieved public servant has no remedy in a court. Any irregularity in consultation does not invalidate the decision of the government.

Basics and Background of JSPSC

• Historical Root: GoI Act, 1935 provided for Central, State, and Joint Public Service Commissions.
• The Constitution makes provision for a JSPSC to cater to the needs of two or more states.
• JPSC is formed by an act of parliament. Thus, a JSPSC is a statutory and not a constitutional body.
• It submits reports to the concerned State Governors.
• The President decides composition, tenure, conditions of service, and removal. Chairman and Members have a term of six years or till 62, whichever is earlier.
• They can be suspended or removed by the president, or they can resign by writing to the president.
• Example: The two states of Punjab and Haryana had a JSPSC for a short period after the creation of Haryana out of Punjab in 1966.

Key Characteristics of JSPSC:

In essence, the JSPSC acts as a shared recruitment agency for states with similar administrative requirements, streamlining the process for common posts.