Article 315-323 deal with the composition, appointment, removal and powers and functions of State recruiting agency which is the State Public Service Commission of India.
It is an independent Constitutional Body.
Chairman of the Commission and other members as the Governor decides from time to time. They are all appointed by the Governor himself. Half of the members should have held office under GOI or State Government for atleast ten years.
The terms and conditions of service of all of the mentioned above are decided by the Governor himself.
The Governor also appoints a member as Acting Chairman who shall act as Chairman in case the office falls vacant and in case the Chairman is absent or ill.
Salaries, Allowances and other prerequisites of Chairman and other members
These are charged from Consolidated Fund of State.
Term of Office
6 yrs or 62 years of age whichever is earlier. They can resign at any time addressing their resignation to the Governor , or can also be removed at any time.
Removal of Chairman or member of Commission
- If he is insolvent or bankrupt
- If he holds some employment other than office of Commission
- If he has unsound mind or unfit body
- Incase of misbehavior like corruption or in case of interest in any contract made by government, President refers the matter to Supreme Court and if Supreme Court advises to remove him/ her, then only President can remove him/ her. During enquiry he/ she can be suspended. Though appointed by Governor, they are removed by President.
Independence of Office
Chairman can be removed by the President in the manner mentioned in the Constitution. Secondly, the service conditions cannot be varied to his disadvantage after his appointment. The Chairman can be appointed as Chairman of UPSC or any other SPSCcannot be appointed further for any other employment by Central or State government. A member of SPSC is eligible for appointment as the Chairman or member of UPSC or Chairman of any other State Public Service Commission or Chairman of same SPSC but not for any other employment under Central and State Government. The members or Chairman after completing their first term cannot apply for the same office for second term. but
Powers and Functions
- 1. Conduction of exams for State services
- 2. Consulted by government regarding
- a. Methods of recruitment to above stated services
- b. Principles to be followed during recruitment, promotions and transfer of such services
- c. Suitability of the candidates for recruitment, transfers and promotions in such services
- d. Disciplinary matters including censure or severe disapproval, withholding of increments and promotions, demotions, compulsory retirement, removal from service etc.
- e. Any claims for pensions due to injuries sustained while working under Government of State
- f. Any claims of legal expenses in legal cases concerning his duties
- g. Any other matter related to personnel management of any local authority, corporate body etc. can be conferred on the SPSC by Parliament
- h. SPSC is also consulted by Governor alongwith the High Court while making rules for appointments in Judicial services.
If government acts without consultation, the decision of the government is still validated. Consultation is not mandatory.
Every year, a report is presented by SPSC to the Governor regarding its performance. The Governor presents the report before both the Houses of the Legislature alongwith a memorandum explaining reasons for not accepting the advice of the Commission.
Functions not under the jurisdiction of SPSC:
- 1. Reservations for posts of SCs and STs
- 2. Claims of SCs and STs to services and posts
The Governor can make regulations in respect to State services, regarding matters in which SPSC is not to be consulted. These regulations should be placed before State Legislature for atleast 14 days. The State Legislature can amend or repeal them.
SPSC is a watchdog of the merit system in state. It advices government regarding recruitment, promotion and disciplinary matters regarding state services. It is not concerned with the classification of services, pay and service conditions and training which are handled by Department of Personnel or the General Administration Department. The role is not only limited, but the recommendations are also just advisory in nature. Even the government can regulate the scope of advisory functions of SPSC.
The emergence of State Vigilance Commission in 1964 has affected the role of SPSC in disciplinary matters. Both are consulted by the government while taking disciplinary action against a civil servant. However, SPSC being an independent body has an edge over SVC .
Joint State Public Service Commission
If State Legislatures of 2 or more states request the Parliament for JSPSC, then Parliament can create this by an Act. However JSPSC is a statutory and not a constitutional body.
Chairman and members of this Commission are appointed by President for 6 years or until they attain 62 yrs of age whichever is earlier. They can be suspended or removed by President. They can resign at any time and write resignation letters to President. The number of members and conditions of service are determined by President. The annual performance report is placed before all State Governors who place them before the respective Legislatures.
The UPSC can also serve the needs of the State on the request of Governor and by the permission of the President.