In the intricate tapestry of India’s administrative machinery, the State Public Service Commission (SPSC) stands as a cornerstone, guiding the nation’s recruitment processes and shaping the trajectory of its civil services. Established under the provisions of the Indian Constitution, the SPSC plays a pivotal role in selecting candidates for prestigious government positions.
Each state in India has its own State Public Service Commission (SPSC), mirroring the structure and functions of the Union Public Service Commission (UPSC) at the central level. The SPSC is an independent constitutional body and serves as the primary recruitment agency for the state. Articles 315 to 323 (Part XIV) of the Indian Constitution outline the composition, appointment, and removal of members, as well as the independence, powers, and functions of the SPSC.
The proposal to establish a Federal Public Service Commission was put forth in the Government of India Act, 1919. Following the recommendation of the Lee Commission in 1924, the Federal Public Service Commission was established in 1926. Subsequently, the Government of India Act, 1935, provided for the establishment of both Central and State Public Service Commissions.
Composition and Tenure
The State Public Service Commission (SPSC) shares a similar composition to that of the Union Public Service Commission (UPSC). It comprises a Chairman and other members appointed by the Governor of the state. The Governor holds discretionary authority in determining the composition and terms of service for the Chairman and other members of the SPSC.
According to the Indian Constitution, 50% of the SPSC members must have served in government offices (either the Government of India or State Government) for at least 10 years; no other qualifications are specified. All members, including the Chairman, serve a term of six years or until reaching the age of 62, whichever comes earlier. They have the option to resign at any time by submitting their resignation to the Governor.
In the event of the Chairman’s vacancy or inability to perform duties, the Governor has the power to appoint one of the SPSC members as acting chairman on a temporary basis.
Removal of State Public Service Commission Members
While appointed by the Governor, the Chairman and members of a State Public Service Commission (SPSC) can only be removed by the President of India under specific circumstances, including insolvency, engagement in paid employment during tenure, or being deemed unfit due to mental or physical incapacity. Additionally, the President holds the authority to remove the Chairman or any member for misbehavior, although this action is subject to judicial inquiry overseen by the Supreme Court. Notably, the advice provided by the Supreme Court in such matters is binding on the President, as per constitutional provisions.
Independence of State Public Service Commission
- The Chairman and other members of the SPSC can only be dismissed based on grounds specified in the constitution.
- The terms of service for the Chairman and members cannot be altered to their detriment after their appointment.
- There is no need for a vote of the State Legislature to cover the expenses of the SPSC, as all expenses are funded from the Consolidated Funds of the State.
- The Chairman is ineligible for re-employment in the government, even in the same position.
- While members can be re-appointed to the UPSC or any State PSC, they cannot seek employment elsewhere in the government.
Functions of State Public Service Commissions
- The State Public Service Commission (SPSC) conducts examinations for the appointment to various state services.
- It is consulted on matters such as methods of recruitment, principles for appointments, promotions, and transfers, disciplinary issues, legal defense costs, pension claims, and personnel management.
- Annually, the SPSC submits a performance report to the Governor of the state, which is then presented to the State Legislature along with a memorandum explaining any non-acceptance of the Commission’s advice.
- Recommendations made by the SPSC are advisory in nature and not binding on the government. The state government has the discretion to accept or reject the advice, with accountability to the state legislature for any deviation from the Commission’s recommendations.
- The SPSC is consulted by the Governor and the State High Court when formulating rules for the appointment of judicial service personnel, excluding district judges.
- The distinction between removal and dismissal lies in their consequences: removal does not disqualify for future government employment, whereas dismissal does.
Joint State Commission
Establishment of Joint State Public Service Commission (JSPSC):
- Article 315 of the Indian Constitution allows for the creation of a Joint State Public Service Commission (JSPSC) if two or more states agree.
- This agreement must be ratified by each house of the legislature in each participating state before the Parliament can enact a law to establish the JSPSC.
Appointment of Officers:
- According to Article 316, the President of India appoints the Chairman and members of the JSPSC.
- Members serve a term of six years or until they reach the age of 62, whichever comes first.
Resignation and Suspension:
- Article 317 grants members of the JSPSC the right to resign by submitting a written resignation to the President of India.
- The President has the authority to suspend the Chairman or other members of the Commission pending a reference to the Supreme Court.
Presidential Powers:
- Article 318 empowers the President to determine the number of Commission members and their conditions of service.
Reporting Obligations:
- Article 323 mandates that the JSPSC presents an annual report to the Governor of each participating state.
- The Governor is responsible for providing a memorandum explaining cases where the Commission’s advice was not accepted, with reasons laid before the state legislature.
Also read about Union Public Service Commission.