STATE PUBLIC SERVICE COMMISSION (SPSC)

Polity

CONTEXT
- Parallel to the Union Public Service Commission (UPSC).
- Articles 315 to 323 in Part XIV deal with composition, appointment, removal, powers, functions, and independence of SPSC.
- Functions similarly to UPSC at the state level.

COMPOSITION
- Consists of a chairman and members appointed by the Governor.
- Constitution does not fix the number of members—left to Governor’s discretion.
- At least half of the members must have held office under the Government (Centre or State) for at least 10 years.
- No qualifications prescribed by the Constitution.
- Governor determines service conditions.
- Tenure: 6 years or until age 62 (whichever earlier).
- Resignation addressed to the Governor.

ACTING CHAIRMAN
Appointed by Governor when:
1. Chairman’s office falls vacant.
2. Chairman is unable to perform functions.

REMOVAL
- Only the President can remove the chairman or members.
- Removal grounds are identical to those for UPSC:
  • Insolvency.
  • Engaging in paid employment outside duties.
  • Infirmity of mind or body.
  • Misbehaviour (requires SC inquiry; SC advice is binding).
  • Participation in government contracts or benefits.
- During investigation for misbehaviour, the President may suspend the member.

INDEPENDENCE OF SPSC
- Chairman and members can be removed only by the President.
- Security of tenure guaranteed.
- Service conditions cannot be varied to their disadvantage.
- Salaries and allowances charged on Consolidated Fund of the State.
- Chairman/member NOT eligible for reappointment in the same SPSC.
- Eligible to become UPSC chairman/member or chairman of other SPSC—not eligible for government employment post retirement.

FUNCTIONS OF SPSC
1. Recruitment:
   - Conducts examinations/interviews for state civil services and posts.
2. Disciplinary matters:
   - Advises on:
     • Censure.
     • Withholding increments.
     • Withholding promotion.
     • Recovery of losses.
     • Demotion.
     • Compulsory retirement.
     • Removal and dismissal.
3. Presenting annual report to Governor.
4. Jurisdiction of SPSC may be extended by State Legislature.

IMPORTANT NOTES
- Government must consult SPSC on specified matters.
- Failure to consult SPSC does NOT invalidate decisions—Supreme Court held SPSC role is directory, not mandatory.
- SPSC recommendations are advisory, not binding.

NOT CONSULTED IN
- Reservations for backward classes.
- Service matters related to SC/ST claims.
- Selection of members for commissions/tribunals.
- High diplomatic posts.
- Group C and D posts.
- Temporary appointments not exceeding one year.

ROLE OF SPSC
- Acts as the “Watchdog of Merit System”.
- Handles recruitment & disciplinary advice.
- Does NOT handle classification of services, pay structure, or cadre management—these fall under the Department of Personnel/General Administration.

CONSULTATION WITH HIGH COURT
- Governor consults SPSC while framing rules for state judicial services (below district judge).
- High Court is consulted simultaneously.

JOINT STATE PUBLIC SERVICE COMMISSION (JSPSC)
- Established by Parliament on request of two or more state legislatures.
- JSPSC is a statutory body (unlike UPSC/SPSC which are constitutional bodies).
- Punjab & Haryana shared a JSPSC briefly in 1966.
- Chairman and members appointed by the President.
- Tenure: 6 years or until age 62.
- Removal and suspension by the President.
- Resignation submitted to the President.
- Service conditions determined by the President.
- Annual report submitted to each concerned State Governor.

UPSC SERVING STATE NEEDS
- A state may request UPSC assistance with approval from the President.

HISTORICAL BACKGROUND
- 1919 GOI Act established Central Public Service Commission (1926).
- 1935 GOI Act provided for:
  • Federal Public Service Commission.
  • Provincial Public Service Commissions.
  • Joint Public Service Commissions.

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Subject: Polity

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