State Public Service Commission (SPSC) – Indian Polity Notes

A State Public Service Commission is a constitutional body, like the Union Public Service Commission. Every state has a State Public Service Commission. Articles 315 to 323 of the Indian Constitution mentions the composition, appointment & removal, independence, and powers and functions of the State Public Service Commission.

Composition of the State Public Service Commission

A State Public Service Commission (SPSC) comprises a chairman and other members who are appointed by the State Governor.

• Half of the appointed members must have held office for at least 10 years under the Government of India or the State Government.
• The Constitution of India has not specified a fixed strength of the SPSCs.
• It is upon the Governor of the State to decide on the number of members and staff along with the conditions of service of the members.

Articles Related to State Public Service Commission

Article	Provision
Article 315	Article 315 has the provision for UPSC for the Union and SPSC for the States
Article 316	Article 316 talks about the appointment and term of service for the chairman and members
Article 317	Article 316 talks about the removal and suspension of the members
Article 320	Article 320 mentions the functions of a Public Service Commission
Article 321	Article 321 talks about the powers to extend functions to a Public Service Commission
Article 322	Article 322 talks about the expenses of the Commission being charged upon the Consolidated Fund of India
Article 323	Article 323 mentions submission of report to the President/State Governor about their functioning

List of State Public Service Commissions

1. Andhra Pradesh Public Service Commission
2. Arunachal Pradesh Public Service Commission
3. Assam Public Service Commission
4. Bihar Public Service Commission
5. Chhattisgarh Public Service Commission
6. Goa Public Service Commission
7. Gujarat Public Service Commission
8. Haryana Public Service Commission
9. The Jammu & Kashmir Public Service Commission
10. Jharkhand Public Service Commission
11. Karnataka Public Service Commission
12. Kerala Public Service Commission
13. Maharashtra Public Service Commission
14. Manipur Public Service Commission
15. Meghalaya Public Service Commission
16. Mizoram Public Service Commission
17. Himachal Pradesh Public Service Commission
18. Nagaland Public Service Commission
19. Odisha Public Service Commission
20. Punjab Public Service Commission
21. Rajasthan Public Service Commission
22. Sikkim Public Service Commission
23. Tamil Nadu Public Service Commission (TNPSC)
24. Telangana Public Service Commission(TSPSC)
25. Tripura Public Service Commission
26. Public Service Commission, Uttar Pradesh
27. Uttarakhand Public Service Commission

Appointment & Conditions to be a Member of the State Public Service Commission

• The Chairman and other members of the SPSC are appointed by the State Governor.
• The Governor decides on the conditions of service of the Chairman and other members of the SPSC.
• Half of the appointed members must have held an office under the Central and State Government for at least 10 years.
• A member of the SPSC shall hold office for a term of 6 years or till 62 years of age, whichever is earlier.
• A person who has once held the office of a Public Service Commission is ineligible for reappointment of that office.
• A person who is to be appointed as a member of the State Public Service Commission should not hold any office of profit under the Central or State Government.

What are the powers and functions of the State Public Service Commission?

Similar to the functions performed by the UPSC with respect to Central Services, the State Public Service Commission works on all those functions with relation to its state:

• It administers the examination process to ensure appointments into the state services.
• It resolves all issues relating to civil service recruitment and civil post recruitment.
• It is consulted on human management-related issues.
• It works on principles of making civil service post appointments, and follows the same for promotions and transfer of service.
• It advises the President and the Governor of the State on matters referred to it.
• It also has powers to deal with matters related to punishment of employees who had violated disciplines.

Removal of the members of the State Public Service Commission

In the case of the State Public Service Commission, while the members are appointed by the Governor, the members can be removed by the President.

Under the following circumstances, a member of the State Public Service Commission can be removed:

• If the member goes bankrupt or judged an insolvent.
• If the member engages in any paid employment outside his/her official duties.
• If the member becomes mentally or bodily infirm.
• If the member misbehaves on the part of the member of the Commission.

In the case of misbehavior, the matter is then enquired by the Supreme Court. If the member is found guilty, the President can remove him/her from the membership of the commission.

The judgment given by the Supreme Court is binding on the President.

When the matter is being enquired by the Supreme Court, the Governor can suspend the members of the Commission. In case of the UPSC, the President can suspend.

Independence of the State Public Service Commission

What ensures the State Public Service Commission is working independently? The following constitutional provisions helps ensure the independent working of the SPSC:

• A fixed tenure of 6 years or 62 years of age, whichever is earlier.
• The conditions of service of the appointment member cannot be changed to his/her disadvantage.
• The removal of a member can take place only by the President after an order is passed by him/her for removal of a member on certain specific grounds decided in the binding recommendation of the Supreme Court.
• Expenses of the Commission are charged on the Consolidated Fund of India.

What is the procedure of an Acting Chairman for the State Public Service Commission?

In case of a vacancy of post of Chairman of a State Public Service Commission, the Governor can appoint any one of the members of the State Public Service Commission as the Chairman if the following criterias are fulfilled:

• Office of Chairman of the Commission is vacancy
• If the Chairman is not able to perform duties of office due to his/her absence or any other reason.

In case of an acting chairman, he/she only performs the function of the Chairman until he/she resumes office.

Reports – State Public Service Commission

Under the Article 323 of the Indian Constitution, the State Public Service Commission has to submit its annual performance report to the Governor.

After the report is received, the Governor places the report in front of both the Houses of the Legislature (in case of a bicameral legislature), along with a memorandum explaining the different reasons for the non-acceptance of some advice of the Commission.

State Public Service Commission – Issues faced

• Allegations of corruption in recruitment. Example – VYAPAM scam.
• Manipulations of results of public service exams.
• Low number of vacancies released even though many official posts remain vacant.
• Canceled exams, litigations against final results.
• Casteism allegations on final results of some states.

Steps to make the system efficient

• Conduct regular exams with results.
• Minimize government interference in recruitment process
• Proper checking mechanism to avoid issues like paper leaks.
• Replicate good practices of UPSC to maintain transparency.

To complete UPSC Polity Notes, Click Here

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