State Public Service Commission (SPSC) and Removal of its Chairman

About State Public Service Commission (SPSC)

• The SPSC is a constitutional body.
• It is responsible for conducting state-level recruitment examinations and advising the state government on public service matters.
• Constitutional Provision: Articles 315 to 323 of Part XIV of the Constitution deal with Public Service Commissions, including the State Public Service Commission.
• Composition and Qualification:
  • Composition: The SPSC consists of a Chairman and other members appointed by the Governor.
    • The Constitution does not specify the total number of members and leaves it to the Governor’s discretion.
    • Qualification: The Constitution does not prescribe specific educational or professional qualifications for membership of the Commission.
    • However, at least half of its members must have held office for a minimum of 10 years under the Government of India or a State Government.
  • Conditions of Service: The Governor determines the conditions of service of the Chairman and other members.
  • Acting Chairman: The Governor can appoint a member as acting Chairman when the post is vacant or the Chairman cannot perform duties.
• Term of Office: Members hold office for six years or until 62 years of age, whichever is earlier.
• Reappointment:
  • Chairman (SPSC): After leaving office, the Chairman is eligible for appointment as the Chairman or any other member of the UPSC or SPSC, but is not eligible for any other government employment.
  • Other Members (SPSC): After leaving office, other members are eligible for appointment as the Chairman or any other member of the UPSC or SPSC, but are not eligible for any other government employment.
• Resignation:
  • Chairman and Other Members: The Chairman or any other member of the SPSC may resign from office at any time by submitting a written resignation to the Governor of the State.
• Removal:
  • Removing Authority: Although the Governor appoints the Chairman and other members, only the President of India has the authority to remove them from office.
  • Procedure: The President can remove them on the same grounds and through the same procedure applicable to the Chairman or members of the UPSC.
• Grounds of Removal: The President can remove the Chairman or any other member of the SPSC on the following grounds:
  • Insolvency: If the member is declared insolvent.
  • Paid Employment: If the member engages in any paid employment outside the duties of the office during the term.
  • Physical or Mental Incapacity: If the President considers the member unfit to continue in office due to physical or mental infirmity.
  • Misbehaviour: If the member is found guilty of misbehaviour after an inquiry by the Supreme Court.
    • The Supreme Court’s advice in this matter is binding on the President.
• Suspension: The Governor can suspend a member when a reference regarding removal for misbehaviour is made to the Supreme Court.
• Powers and Functions
  • Recruitment: The SPSC conducts examinations for appointments to various state services.
  • Advisory Role: It advises the State Government on matters related to recruitment and service conditions.
  • Annual Report: It submits its annual report to the Governor, who places it before the State Legislature along with reasons for non-acceptance of its advice.
  • Financial Independence: Its expenses, including salaries, allowances and pensions of its Chairman and members, are charged on the Consolidated Fund of the State.