1. Introduction to the State Public Service Commission (SPSC)

  • Role and Purpose: Modeled after the Union Public Service Commission (UPSC), each state in India has an SPSC to manage recruitment and service conditions for state government jobs.
  • Constitutional Basis: Governed by Articles 315 to 323 of the Constitution, which define the composition, functions, and independence of the SPSC.

2. Composition of SPSC

  • Members: Consists of a chairman and other members, appointed by the state’s governor.
  • Eligibility and Tenure: Members must have held a governmental position for at least 10 years. They serve a six-year term or until the age of 62, whichever is earlier.
  • Resignation and Acting Chairman: Members may resign by addressing the governor, who may also appoint an acting chairman in cases of absence or vacancy.

3. Removal of Members

  • Authority: Only the President can remove SPSC members, not the governor.
  • Grounds for Removal:
    • Insolvency or bankruptcy.
    • Engagement in paid employment outside official duties.
    • Physical or mental unfitness for duty.
  • Misconduct and Inquiry: Misconduct cases involve an inquiry by the Supreme Court, whose advice is binding on the President.

4. Independence of SPSC

  • Security of Tenure: Removal only through specific constitutional grounds.
  • Non-Variation of Service Conditions: Service conditions cannot be altered to a member’s disadvantage post-appointment.
  • Funding: SPSC’s expenses are drawn from the state’s consolidated fund, ensuring independence from state legislature control.
  • Post-Term Employment Restrictions: Former members have limited eligibility for subsequent government employment.

5. Functions of SPSC

  • Examinations and Recruitment: Conducts exams and recruitment processes for state civil services.
  • Advisory Role:
    • Recruitment procedures and policies.
    • Appointments, promotions, and transfers.
    • Disciplinary matters and legal reimbursements for government servants.
    • Pension claims related to service injuries.
  • Annual Report: Submits a performance report to the governor, which is presented to the state legislature.

6. Limitations on SPSC’s Jurisdiction

  • Exceptions:
    • Not consulted on reservations or quota-based appointments.
    • Not involved in decisions specific to Scheduled Castes and Tribes.
  • Governor’s Discretion: The governor may specify certain posts or services as outside SPSC’s purview.

7. Role and Scope of SPSC

  • Advisory Status: SPSC’s recommendations are advisory, not mandatory for the state government.
  • Overlap with State Vigilance Commission (SVC): SVC’s role in disciplinary matters can create conflicting advisory situations, though SPSC’s independence gives it precedence.
  • Consultative Role in Judicial Appointments: Consulted in framing rules for certain judicial appointments, in coordination with the state high court.

8. Joint State Public Service Commission (JSPSC)

  • Establishment: Formed for two or more states by an act of Parliament, unlike the constitutionally created UPSC and SPSC.
  • Composition and Tenure: Members are appointed by the President, with similar tenure and removal conditions as SPSC.
  • Annual Reporting: Reports to each concerned state governor, who presents it to their respective legislatures.