According to Article 312 of the constitution, the Government has the authority to form single or multiple All India administrations that are shared by the Centre and the States. The Union Public Service Commission is in charge of hiring for all of these positions (UPSC). The State Public Service Commission hires for administrative positions at the state levels (SPSC).
A joint state public service commission is formed for multiple states. The creation of a JSPSC for multiple states is mandated by our constitution. Although the SPSC and UPSC are formed explicitly under our constitution, the Joint State Public Service Commission is constituted by a Parliamentary act in accordance with a petition by the appropriate state legislature.
UPSC
- Members are nominated by union government, who also appoints the Chairperson as well as other officers of the UPSC
- Each UPSC member may serve for a period of 6 years or until 65 years of age, whichever comes first
- Anyone who has previously served on a Public Service Commission is barred from being reappointed
- A representative of the Union Public Service Commission can retire from his or her position by forwarding a resignation letter to the President
- The Chairperson or any official of the UPSC may be dismissed only by official notice from the President
- The President retains the authority to dismiss the Chairperson or any official whose case has been referred to the supreme court
- Any member of the UPSC might well be terminated if he is deemed insolvent, participates in any paid work apart from the responsibilities of his/her office throughout his/her tenure in office, or according to the President’s judgement, is unsuitable to remain in office due to mental or physical incapacity
SPSC
- The State governor appoints the Chairperson as well as other representatives of the SPSC
- A representative of the SPSC is elected for a six-year tenure or until the 62 years of age, whichever comes first
- Anyone who has previously served as a member of a PSC is prohibited from reappointment
- A representative of a State Public Service Commission can quit his position by offering a formal resignation to the State Governor
- The Chairperson or just about any officer of the SPSC may be dismissed only from an order by the President itself
- The State governor can expel the Chairperson or any representative referred to the Supreme Court
- Members are removed under the same criteria as that of the Union Public Service Commission
- Regulation of Service Conditions: In the context of the SPSC, the State governor undertakes the same functions that the President performs for UPSC
- Power Restrictions: The service conditions of an SPSC representative may not be changed after his or her selection if doing so would be detrimental to him or her
JSPSC
- A Joint State Public Service Commission is a legally created entity. It is not considered a constitutional body
- The President appoints the chairman and other representatives of a JSPSC. They serve for 6 years, or till they attain 62 years of age, whichever occurs first
- The President has the power to terminate or suspend them. They could also quit at any moment and send a resignation letter to the president. The composition of JSPSC representatives and their conditions of service are determined by the president
Functions of SPSC and UPSC
- It is the responsibility of the State and Union Public Service Commissions to hold exams for recruitment to the State and Union services, accordingly
- It is considered the UPSC’s responsibility to support the states in developing and implementing joint recruitment programmes for any sectors that need applicants with particular credential
- The SPSC and UPSC must be engaged
- on all aspects pertaining to civil service recruiting and civil jobs
- In arranging recruitment to civil services and postings, as well as transfers and promotions within different services, the appropriateness of applicants are considered
- Across all disciplinary proceedings pertaining to an individual working under the state or central government
- A Public Service Commission should be tasked with advising the President as well as the State governor on any topic brought to them
Conclusion
The constitution provides for the establishment of a Joint State Public Service Commission for multiple states. Whereas the Union Public Service Commission and SPSC are created underneath the Indian constitution, the JSPSC could be constituted by a parliamentary act in responding to requests from state governments. Hence, the JSPSC is more of a statutory than just a constitutional entity.
The Public Service Commissions are the fundamental framework that guarantees and defends the meritocracy of Indian government services. However, various modifications and reforms may be implemented to improve the efficiency of these commissions. Several improvements that can be implemented are as follows:
- The Commission must act as a think-tank on matters pertaining
- The necessity of Decentralization
- Stay up to date with the times
- Participation of universities and research institutes in the operations of the State Public Service Commission and UPSC
Our PSC’s have undeniably done their duties with maximum effectiveness and would proceed to do so at a far greater level of competency if such changes are implemented.