State Public Service Commission

This article deals with ‘State Public Service Commission – Indian Polity.’ This is part of our series on ‘Polity’ which is important pillar of GS-2 syllabus . For more articles , you can click here.

Introduction

In each Indian state, there exists a State Public Service Commission (SPSC), which operates in a similar capacity to the Union Public Service Commission (UPSC) at the central level. The constitutional provisions governing the SPSC, outlined in Articles 315 to 323 within Part XIV, mirror those governing the UPSC.

Composition of SPSCs

The State Public Service Commission (SPSC) comprises a Chairman and additional members appointed by the Governor of the respective state.
The Constitution does not specify the strength of the Commission but has left the matter to the discretion of the Governor.
No qualifications are prescribed for the Commission’s membership except that one-half of the members of the Commission should be such persons who have held office for at least ten years either under the Government of India or under the Government of State.
The Constitution also empowers the Governor of the State to determine the conditions of service of the Chairman and members of the Commission.
Members of the Commission, including the Chairman, serve a tenure of six years or until they reach the age of 62, whichever is earlier (in the case of UPSC, the age limit is 65). However, they can relinquish their offices at any time by addressing their resignation to the Governor.

Removal

Although the Governor appoints the Chairman and members of the SPSC, they can be removed only by the President (and not by the Governor). The President can remove them on the same grounds and in the same manner as he can remove a Chairman or a member of the UPSC.

Independence

Similar to the provisions outlined for the Union Public Service Commission (UPSC), the Constitution has established specific safeguards to uphold the independence and impartiality of State Public Service Commissions (SPSCs).

Chairman or a member of a SPSC can be removed from office by the President only in the manner and on the grounds mentioned in the Constitution. Therefore, they enjoy the security of tenure.
Although determined by the Governor, the conditions of service of a Chairman or a member can’t be varied to their disadvantage.
Expenses of SPSC are charged on the Consolidated Fund of the State (outside the purview of the State Legislature).
The Chairman of an 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.
A member of an SPSC (on ceasing to hold office) is eligible for appointment as the Chairman or a member of the UPSC, or as the Chairman of that SPSC or any other SPSC, but not for any other employment under the Government of India or a state.
The Chairman or a member of an SPSC is ineligible for reappointment to that office (that is, not eligible for a second term).

Functions

SPSC performs all those functions in respect of the state services as the UPSC does in relation to the Central services
SPSC presents, annually, to the Governor a report on its performance. The Governor places this report before both Houses of the state legislature, along with a memorandum explaining the cases where the advice of the Commission was not accepted and the reasons for such non-acceptance.

Joint State Public Service Commission

The Constitution allows for the creation of a Joint State Public Service Commission (JSPSC) to serve two or more states.
Although the Union Public Service Commission (UPSC) and State Public Service Commissions (SPSC) are established directly through provisions in the Constitution, a Joint State Public Service Commission (JSPSC) can be established through an act of Parliament upon the request of the respective state legislatures. Therefore, unlike the UPSC and SPSC, which are constitutional bodies, a JSPSC is a statutory body,
The two states of Punjab and Haryana had a JSPSC for a short period after Haryana was created out of Punjab in 1966.
The appointment of the Chairman and members of a Joint State Public Service Commission (JSPSC) is done by the President. They serve a term of six years or until the age of 62, whichever comes first. The President retains the authority to suspend or dismiss them. Additionally, they have the option to voluntarily resign from their positions by submitting resignation letters to the President at any point.
The President determines the number of members of a JSPSC and the terms of their service.