SPSC ARTICLE 315-323 (PART-XIV)
State Public Service Commission Parallel to UPSC at centre, there is a SPSC in a state Independent constitutional body - directly created by constitution .Article 315-323 in part XIV O Provisions regarding of members along with independence , functions , powers of SPSC 1.Removal 2 Appointment 3.Composition
COMPOSITION SPSC consist of a chairman and other members appointed by Governor. OUsually , commission consist of 9-11 members including chairman in UPSC but does not specify in SPSOC No qualifications are prescribed for commission's membership except that one half of the members of commission should be such persons who have held office for at least 10 years either under Govt. of india or under Govt. of state. Constitution also authorizes president/Governor to determine conditions of service of chairman and members of commission. To be cont....
Chairman and other members of commission hold office for terms of six years or until they attain age of 62 years. Addressing their resignation to Governor o They can also be removed before expiry of their term by President in the manner as provided by the constitution. Governor can appoint one of the members of SPSC as an acting chairman in the tollowing two circunstances: 1. When the office of chairman falls vacant. 2. When chairman is unable to perform his functions due to absence or some other reasons. Acting chairman functions till a person appointed as a chairman enters on duties of office or till chairman is able to resume his duties
REMOVAL President can remove chairman or any other member of SPSC from office under following circumstances: 1. If he is adjudged and insolvent 2. If he engages ,during his term of office , in any paid employment outside the duties of his office; or 3. If he is, in opinion of the president , unfit to continue in office by reason of infirmity of mind or body. . In addition to these president can also remove the chairman or any other member of SPSC for misbehaviour. In the case president, has to refer the matter to supreme court for an enquiry. Advise tendered by supreme court in this regard is binding on the president. Governor can suspend chairman or members of SPSC.
INDEPENDENT & IMPARTIAL FUNCTIONING Chairman or other members of SPSC can be removed from office by president only in manner or grounds mentioned in constitution Service of chairman or other members of SPSc , though determined by the Governor, cannot be varied to his disadvantage after his disappointment Entire expenses of salaries, pensions or other allowances of chairman & other members are charged under consolidated fund of state. Chairman of SPSC is eligible for further employment in centre or state as chairman of UPSC or any other SPSC o Member of SPSC is eligible for appointment of chairman of UPSC or any other SPSC But not for any other employment in centre or state.
FUNCTIONS PERFORMED BY SPSC: o Conducts examination for appointment of all state services, O All matters related to methods of recruitment to civil services or for civil posts. It serves all or any of the needs of state on the request of state governor O Matter related to grant of extension of services & re employment of certain retired civil services. Jurisdiction of SPSC can be extended by an act made by State legislature. SPSC presents report annually to the Governor on performance
OUTSIDE JURISDICTION OF SPSC O Making reservation of appointments- backward classes-Sc/St. Claims of SC and ST in making appointments to services and posts Governor can exclude post, services, matters from purview-SPSC But constt. States that -all such regulations made by the governor shall be laid before each house of state legislature for at least 14 days The state legislature can amend or repeal them.
ROLE Watchdog of merit system. Role of SPSC is not limited, but also recommendations made by it are only of advisory nature & hence not binding on the government. Emergence of state vigilance commission in 1964 affected the role of SPSC in disciplinary matters- conflicting advise. OSPSC, being an independent constitutional body, has an edge over the SVC , which is created by an executive resolution of the Govt. of state & conferred a statuary status in October 2003.