State Public Service Commission (State PCS) UPSC Notes

State Public Service Commission

Civil servants play an important role in the administration and governance of the country. They assist political executives in various day-to-day activities and policy-making processes. It is imperative that the recruiting process for civil servants into government service must be effective, impartial and merit-based.

Constitutional provisions:

• The task of selecting the right individual to be recruited for the highest service in the country is vested in the State Public Service Commission (SPSC) and the Union Public Service Commission (UPSC).
• They are independent constitutional bodies formed under Article 315 for recruiting civil servants. Articles 315 to 323 in Part XIV of the Constitution describe the composition, appointment and removal of members and various aspects related to independence, powers and functions of the SPSC.
• The Constitutional status of the Commission is crucial as it can function without being influenced by political or other extraneous consideration Therefore, it safeguards against any potential interference with the authority and independence of the Commission, either by the legislature or the executive.

Composition, Appointment and Tenure of State PCS

The constitution states that the chairman and ‘other’ members of the State Public Service Commissions are to be appointed by the State Governors. The total strength of the Commission is not specified in the Constitution, but it has been left to the discretion of the Governor.

• Qualification: No specific qualification is prescribed for the members of the Commission. However, the Constitution under Article 316 states that one-half of the members of the Commission should be such persons who have held office for at least ten years either under the Government of a state or the Government of India. (i.e. half of State PSC members are ex-civil servants)
• Appointment as acting chairman: The Constitution allows the Governor to appoint one of the members of SPSC as an acting chairman if:

1. 1. The office of Chairman falls vacant, or
   2. The Chairman is not able to perform his functions due to absence or any other reason.

The acting Chairman remains in office until the Chairman resumes his duties or any other person is appointed as Chairman.

Conditions of Service:

1. Conditions of Service: The condition of service of the Chairman and other members of the Commission is determined by the Governor.
2. Tenure: The Chairman and Commission members hold office for six years or until they turn 62, whichever is earlier (the age limit is 65 years in the case of UPSC). However, they can renounce their offices by addressing their resignation to the Governor.
3. Removal: Only the President can remove the Chairman and members of SPSC before the expiry of their term in the manner as provided in the Constitution.

Removal and Suspension of members of State Public Service Commission

The Chairman or any other member of State Public Service commission can be removed from office by the President under the following circumstances:

• If he is adjudged insolvent (bankrupt);
• If, during his term of office, he engages in any paid employment outside the duties of his office or
• If, in the opinion of the President, he is unfit to continue in office by reason of infirmity of mind or body.

Additionally, the Chairman or any other member of UPSC can be removed by the President for misbehaviour. The Constitution states that the Chairman or any member of UPSC is deemed to be guilty of misbehaviour if he:

• Is interested in or connected with any contract or agreement made by the Government of India or the State Government or
• Engages in any way in the profit of such contract or agreement or any benefit arising from it otherwise than as a member and in common with other members of an incorporated company.

The Governor may also suspend the Chairman or a member of the UPSC pending an enquiry by the Supreme Court.

Ensuring Independence

The Constitution incorporates the following safeguards to ensure the independent and impartial functioning of the SPSC:

1. Security of tenure: The Chairman or a member of the SPSC can be removed from office by the President only on the grounds mentioned in the Constitution (grounds stated above).
2. Conditions of Service – The conditions of service of the Chairman or a member are determined by the Governor, but they cannot be varied to their disadvantage after appointment.
3. Expenditure not subject to vote of State Legislature: The entire expenses, including the salaries, pensions and allowances of the Commission’s Chairman and members, are charged on the Consolidated Fund of State, which is not subject to vote of State Legislature.
4. Chairman and members ineligible for reappointment: The Chairman and members of SPSC, on the expiration of their term of office, are not eligible for reappointment to that office (Article 316). Therefore, they are ineligible for a second-term appointment.
5. Appointment of Chairman only for certain posts: The Chairman of SPSC, on ceasing to hold office, is not qualified for any other employment in the Government of India or a state except as a member or Chairman of UPSC or as the Chairman of any other SPSC (Article 319).
6. Appointment of members only for certain posts: A member of SPSC (on ceasing to hold office) is qualified for appointment only as the Chairman or member of UPSC or as the Chairman of that State Public Service Commission (SPSC) or any other SPSC, but not for any other employment in the Government of India or a state (Article 319).

The purpose of the above provisions, as mentioned in points number 4, 5, and 6, is to insulate the Commission and its members from any possibility of being influenced either by a lure of office or by a threat of insecurity or any other reason.