Constitutional Mandate

SPSC is a constitutional body that has been created by the constitution under Articles 315 to 323 (Part XIV) of the constitution.

SPSC Members: Appointment and Removal

• Authority: The members and chairpersons of State Public Service Commissions (SPSC) are appointed by the respective governors.
• Composition: The strength of the commission is left to the discretion of the governor. 
• Conditions of Service: The constitution authorizes the Governors to determine the conditions of service of the chairperson as well as other members of the commission.
• Qualifications: No qualifications are mentioned for membership except that one-half of the members must have held office under the Union government or the state.
• Tenure: The chairperson and the members serve for six years or until the age of 62 years, whichever is earlier.
• Removal: They can resign by writing to the governor. They can be removed only by the President on the following grounds:
  • If he/she is adjudged insolvent;
  • If he/she engages in paid employment outside the existing duties during the term of office;
  • If he/she is considered by the President to be unfit to continue in office;
  • In case of removing the chairperson or any other member for misbehavior, the President has to refer the matter to the Supreme Court for an inquiry. The advice of the court is binding on the President.

Functions of SPSC

• Examination: The commission is responsible for conducting examinations for appointments to the services of the state.
• Consultation: It is consulted on matters such as:
  • Matters relating to recruitment to civil services;
  • Principles to be followed while making appointments to civil services;
  • All disciplinary matters affecting individuals serving under the Government of India;
  • All claims for reimbursement of legal expenses;
  • Any claim for an award of a pension in respect of injuries sustained during service;
  • Any matters related to personnel management.
• Annual Report: SPSC annually presents an annual report to the Governor on its performance. This report is placed before the state legislature.

Significance of SPSC

• Security of Tenure: The chairperson and members can be removed from office on the grounds mentioned in the constitution. They enjoy the security of tenure.
• Conditions of Service: The conditions of service of the chairperson or the member cannot be varied after the appointment.
• Expenses are Independent: The entire expense of the SPSC is charged to the Consolidated Fund of the state and thus cannot be voted on.
• No Further Employment: After demitting the office, a member is only eligible for appointment as the member or a chairperson of UPSC or as a chairperson of SPSC.
• Single Term: A chairperson or member of SPSC is not eligible for reappointment to the same office.

Criticism of SPSC

• Exclusion: The Governor can exclude matters related to posts and services from the purview of the SPSC.
• Advisory Recommendations: Recommendations made by SPSC are only advisory and hence are not binding on the government.
• Reduce Scope: The state government has the power to make rules that can regulate the scope of the advisory functions of SPSC.
• Disciplinary Powers Curtailment: The emergence of the State Vigilance Commission (CVC) has reduced the role of SPSC in disciplinary matters.

Joint Public Service Commission (JPSC)

• Origin: The Government of India Act, of 1919 provided the setting up of a Central Public Service Commission in 1926, with the task of recruiting civil servants.
  • The Government of India Act, of 1935 not only provided for the setting up of the Federal Public Service Commission but also a Provincial Public Service Commission and Joint Public Service Commission for two or more provinces.
• Formation: The constitution of India has a provision for forming a Joint Public Service Commission (JPSC) for two or more states.
  • While UPSC and SPSC are created by the constitution, JPSC can be created by an act of Parliament based on a request by the state legislatures concerned. Hence they are statutory bodies.
• Appointment: The chairperson and members are appointed by the President. They hold office for a term of six years or until the age of 62 years, whichever is earlier.
• Removal: The members or chairpersons can be suspended or removed by the President. They can also resign by writing to the President.
• Terms of Service: The number of members and their terms of service are determined by the president. 
• Submission of Report: The JPSC submits its annual report to each of the concerned governors. It is then placed before state legislatures.