Q. With reference to the provisions related to the Chairman and Member of the Union Public Service Commission (UPSC) and the State Public Service Commission (SPSC), consider the following statements:
1. A member of UPSC, on ceasing to hold office, is eligible only for appointment as the chairman of UPSC.
2. The chairman of UPSC, on ceasing to hold office, is not eligible for further employment in the Government of India or a state.
3. The chairman of a SPSC, on ceasing to hold office, is only eligible for appointment as the chairman of the UPSC.
How many of the above given statements are correct?
Exp) Option a is the correct answer.
Statement 1 is incorrect: A member of UPSC (on ceasing to hold office) is eligible for appointment as the chairman of UPSC or a State Public Service Commission (SPSC), but not for any other employment in the Government of India or a state.
Statement 2 is correct: The chairman of UPSC (on ceasing to hold office) is not eligible for further employment in the Government of India or a state. In 1979, the Supreme Court upheld the validity of appointment of A.R. Kidwai, a former Chairman of UPSC, as the governor of Bihar. It ruled that the office of the governor is a ‘constitutional office’ and not an employment under the government.
Statement 3 is incorrect: The chairman 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 any other SPSC, but not for any other employment under the Government of India or a state
| Important Tips The chairman or a member of UPSC is (after having completed his first term) not eligible for reappointment to that office (i.e., not eligible for second term). |
