Every state of India consists of a State Public Service Commission.
STATE PUBLIC SERVICE COMMISSION COMPOSITION:
- There is a chairman for SPSC.
- There are other members for SPSC.
The qualifications of Chairman and members are not specified in the Constitution.
As nearly as one half of the members should have at least 10 years of experience either under the Government of India or Government of a state.
The Chairman and the members are appointed by the Governor.
STRENGTH: The strength is decided by the Governor from time to time.
The Chairman and other members of the SPSC hold office for a term of
6 years OR Until they attain the age of 62 years whichever is earlier.
NOTE: Initially the retirement age was fixed at 60 years. Through the 41st amendment of 1976 the retirement age is increased to 62 years
RESIGNATION: The Chairman and members submit the resignation.
REPORT OF SPSC:
- The SPSC submits the annual report to the Governor.
- The Governor places the report of SPSC before the State Legislature.
- The report of SPSC is discussed in the State Legislature.
The Chairman and members of SPSC are removed by the President. (Not by the Governor).
NOTE: Remember the Chairman and members of SPSC are appointed by the Governor.
The President can remove the chairman or any other member of SPSC if
The Chairman or member is adjusted as an insolvent.
The chairman or member engages during the term of office in any paid employment outside the duties of office.
The chairman or member, in the opinion of the President is unfit to continue in office by reason of infirmity of mind or body.
REMOVAL ON THE GROUNDS OF MISBEHAVIOR:
What is misbehavior?
If the Chairman or member of SPSC is concerned or interested in any contract or agreement made by the government of India or government of a state
If the Chairman or member of SPSC participates in any way in the profit of such contract or agreement or in any benefit there from otherwise than as a member and in common with other members of an incorporated company.
The President can also remove the Chairman or a member of SPSC for misbehavior.
In the case of misbehavior the President has to refer the matter to the Supreme Court for an enquiry.
If the Supreme Court upholds the cause of removal and advises so then the President can remove the Chairman or member of SPSC.
The advice tendered (given) by the Supreme Court is binding on the President.
During the course of enquiry the Governor can suspend the Chairman or member pending the final removal order of the President on receipt of the report of the Supreme Court.
THE CAHIRMAN OF SPSC AFTER RETIREMENT:
The Chairman of SPSC after retirement cannot be reappointed as the Chairman of the same SPSC.
The Chairman of SPSC after retirement can be appointed as
- The Chairman of UPSC
- A member of UPSC
- The Chairman of other SPSC
- The Chairman of Joint Public Service Commission (JPSC).
A MEMBER OF SPSC AFTER RETIREMENT:
A member of SPSC after retirement cannot be reappointed as a member in the same SPSC.
A member of SPSC can be appointed as
- The Chairman of same SPSC.
- The Chairman of other SPSC.
- The Chairman of other Joint Public Service Commission
- The Chairman of other UPSC.
- A member of other SPSC.
- A member of other Joint Public Service Commission.
- A member of UPSC.
FUNCTIONS OF SPSC:
The SPSC conducts the examinations for appointments to the services of the state.
The SPSC is consulted on various matters related to
- All matters relating to the methods of recruitment to civil services and for civil posts.
- The principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to the other.
The recommendations of SPSC are advisory in nature and not binding in nature.