State Public Service Commission
As per Government of India Act, 1935, a state public service commission had to be established at the provincial level. Later, the Indian Constitution granted it constitutional basis. The State Public Service Commission operates at the state level in parallel with the Union Public Service Commission at the centre.
State Public Service Commission Overview
Under Part XIV of the Indian Constitution the State Public Service Commission’s membership, appointment, and removal, as well as its authority and functions, are all covered under the same group of articles (315 to 323). Check the essential information regarding the SPSC in the table given below:
State Public Service Commission Overview
|Composition||One Chairman and other members (Number of other members is not fixed. Governor of the state determines it)|
|Qualification||The qualification of the chairman and other members is not mentioned the constitution. Although, there is a condition 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 Central Government or under the State Govt|
|Term||Term is 6 years or 62 years whichever is earlier (Initially, the retirement age was 60 years. (41st Constitutional Amendment Act, 1976 extended it)|
|Submission of Annual Report||Governor|
|Chairman and members of SPSC Removal||It is done by the President of India|
|Removal of Member of SPSC and Condition of removal||
|Reappointment of SPSC Chairman and Member||The State PSC Chairman is not eligible for reappointment to the same PSC for the following term. He may, however, be chosen to serve as the head of the UPSC, a member, or the chairman of another PSC or JPSC.
A member cannot be assigned to the same PSC for the following term. He may, however, be chosen to serve as the PSC’s chairman or as a member or chairperson of another PSC, JPSC, or UPSC.
State Public Service Commission Articles
The important articles in relation to the State Public Service Commission has been mentioned below:
|315||Provision of UPSC for union and SPSC for states|
|316||Appointment and term of service for the chairman and members|
|317||Removal and suspension of the member|
|320||Functions of PSC|
|321||Power to extend functions of PSC|
|322||Expenses of PSC|
|323||Reports of Public Service Commission|
Function State Public Service Commission
The SPSC generally administers the civil services examination for appointing the services in the state. It is consulted on the following personnel management decisions:
- Recruitment and selection process to the state civil service and civil posts.
- Promotions as well as transfers of the officers from one service to another
- Disciplinary matters
Role of State Public Service Commission
- A “watchdog of the merit system” for the state is described as the SPSC in the Constitution.
- It is in charge of hiring state employees and, if consulted, offers guidance to the government on issues involving promotion and disciplinary action.
- In addition to having a limited role, SPSC only offers recommendations that are advisory in nature and are not legally enforceable by the government.
- Such a suggestion must be approved or disapproved by the state administration.
- The only safeguard is the state legislature’s authority to hold the government accountable if it deviates from the Commission’s recommendations.
- Additionally, the government has the power to pass legislation that restricts the SPSC’s advisory duties.
Independence of State Public Service Commission
- Only in the ways and under the conditions outlined in the Constitution may the president fire the chairman or a member of an SPSC. As a result, they have tenure security.
- Although a member’s or the chairman’s terms of office are chosen by the governor, they cannot be altered after their appointment.
- The state’s consolidated fund is billed for the entire expense, which includes the wages, benefits, and pensions of the chairman and members. They are not up for a vote in the state legislature as a result.
- The chairman of an SPSC may be appointed as the chairman, a member of the UPSC, or the chairman of another SPSC.
Limitation of State Public Service Commission
- The governor has the power to declare some positions, products, and subjects to be outside the purview of the SPSC.
- The SPSC is not required to be consulted by the governor when making decisions about public services and employment, according to the Constitution.
- None of the following matters are discussed with the SPSC as, when positions are held exclusively for members of an underprivileged group and considering the claims of scheduled castes and scheduled tribes when appointing people to services and positions.