State Public Service Commission (SPSC): Structure, Functions and Key Responsibilities

The State Public Service Commission (SPSC) operates at the state level, similar to the Union Public Service Commission (UPSC) at the national level. Established under Articles 315 to 323 in Part XIV of the Constitution, the SPSC is responsible for recruiting candidates for various state services, ensuring a fair and merit-based selection process. With a mandate to uphold the integrity of state civil services, the SPSC plays a vital role in the governance and administration of state affairs.

Understanding the Role and Functions of State Public Service Commissions (SPSC) in India

Composition and Appointment of State Public Service Commission (SPSC) Members

• Composition and Appointment (Article 316):  Members of the SPSC are appointed by the State’s Governor.
• Qualifications: There are no specific qualifications mandated for SPSC membership.
  • However, a requirement states that at least half of the Commission’s members should have a minimum of 10 years of government service experience, whether at the state or national level.
• Conditions of Service: The Constitution also authorizes the Governor to determine the conditions of service of the Chairman and members of the Commission. 
• Tenure: The Chairman and members of the Commission hold office for a term of 6 years or until they attain the age of 62 years, whichever is earlier (In UPSC the age limit is 65 years). 

Independence of SPSC

Various provisions have been provided to ensure the independent functioning of SPSC:

• • Appointment and Removal(Article 317): The Chairman and members of SPSC are appointed by the Governor. 
    • However, the Chairman or a member of SPSC can be removed from office by the President only in a manner and on grounds mentioned in the Constitution. 

• Grounds for Removal of SPSC Members: Some of the circumstances under which they can be removed are-

• • • If he is adjudged insolvent.
    • If he occupies any other office of profit.
    • If he is unfit to continue in office by reason of infirmity of mind or body.
    • Also, the Chairman and members of SPSC can be removed by the President on the grounds of misbehavior. 
    • However, in this case, the President has to refer the matter to the Supreme Court for an inquiry, and the advice tended by the Supreme Court is binding on the President. 
  • Definition of Misbehavior for SPSC Members: According to the Constitution, the Chairman or any other member of an SPSC is considered to have committed misbehavior if they 
    • (a) have a vested interest in any contract or agreement made by the Government of India or a state government, or 
    • (b) derive any form of profit or benefit from such a contract or agreement, except as a member in common with other members of an incorporated company.
  • Service Conditions (Article 318): Although their conditions of service are determined by the Governor, they cannot be altered to their disadvantage after appointment.
  • Expenditure Incurred by UPSC: The entire expense including the salaries, allowances, and pensions of the Chairman and members of the SPSC is charged on the Consolidated Fund of State. 
    • Thus, they are not subjected to a vote by the State Legislature.
  • Re-appointment: The Chairman or member of SPSC is not eligible for re-appointment to the same office.

• Post-Term Opportunities: Upon leaving the position of Chairman of SPSC, one is eligible for appointment as the Chairman or member of UPSC or as the Chairman of another SPSC, but not for any other government employment at the state or central level.

• • Exception: Similarly, members of SPSC, upon ceasing to hold office, are eligible for appointment as the Chairman or members of UPSC or as the Chairman of another SPSC, but not for any other government employment.

Functions and Responsibilities

SPSC performs all those functions in respect of state services as the UPSC does in relation to central services. 

• Examinations and Appointments: It conducts examinations for appointments to state services. The Constitution visualizes the SPSC to be the ‘watchdog of merit system’ in the state.
• Consultation on Personnel Management: Advises on various personnel management matters, including:
  • Methods of recruitment to civil services and posts.
  • Principles for appointments, promotions, transfers, and suitability assessments.
  • Disciplinary matters, censure, withholding of increments, etc.
  • Legal expense reimbursements and pension-related claims.
  • Other personnel management issues.
• Consultation Irregularity: The Supreme Court in State of UP vs Manmohan Lal Srivastava  ruled that failing to consult the SPSC in these matters does not invalidate government decisions, indicating that the provision is directory, not mandatory.
• Selection by SPSC: Selection by the SPSC does not guarantee a right to the post, but the government must act fairly and without arbitrariness or malfeasance.
• Expansion of Functions: The state legislature can assign additional functions related to state services to the SPSC. 
  • It can also place the personnel system of local authorities, corporate bodies, or public institutions under the jurisdiction of the SPSC through State legislation.
• Annual Reporting: The SPSC submits an annual report to the Governor. 
  • The Governor presents the report, along with an explanation of cases where the Commission’s advice was not accepted and the reasons for such decisions, to the State legislature.
• Consultation as Advisory: The SPSC’s role is advisory. However, the government must make decisions fairly and without arbitrariness or malfeasance.

Limitations of SPSC

• SPSC’s Limited Scope: SPSC is primarily a recruiting agency and does not involve itself in the classification of services, pay, service conditions, cadre management, training, or reservation.
• Governor’s Authority: The Governor can exclude certain posts, services, and matters from SPSC’s jurisdiction. 
  • In the context of state services, the Governor can establish regulations specifying matters that do not require consultation with SPSC. 
  • These regulations must be presented before the State Legislature for at least 14 days, during which the Legislature can amend or repeal them.
• Advisory Role: SPSC’s recommendations are advisory in nature and are not binding on the state government.
• State Government’s Discretion: It is at the discretion of the state government to accept or reject the advice provided by SPSC.
• Conflict with State Vigilance Commission (SVC): The emergence of the State Vigilance Commission in 1964 has affected SPSC’s role in disciplinary matters, as both entities are consulted by the government when taking disciplinary action against civil servants.

Joint State Public Service Commission (JSPSC)

• Establishment: The Constitution allows for the establishment of a Joint State Public Service Commission (JSPSC) to serve two or more states. 
• Nature of JSPSC: Unlike the UPSC and the SPSC, which are constitutionally mandated, the creation of a JSPSC requires an act of Parliament based on the request of the respective state legislatures. 
  • Therefore, a JSPSC is a statutory body rather than a constitutional one. 
• Example: For instance,following the division of Punjab in 1966, both Punjab and Haryana briefly had a Joint State Public Service Commission (JSPSC).
• Composition: The JSPSC is typically composed of a Chairman and members appointed by the President of India. 
• • The number of members and their terms of service are determined by the President.
• Appointment and Tenure: The Chairman and members of the JSPSC are appointed by the President and hold their positions for a term of six years or until they reach the age of 62, whichever is earlier.
  • This arrangement ensures that the JSPSC operates independently and is not influenced by political considerations.

Powers and Functions

• Recruitment: The primary function of the JSPSC is to conduct recruitment examinations and selection processes for various posts and services within the participating states. 
  • This includes recruitment to civil services, police services, administrative services, and other government positions.
  • Upon the request of a state governor and with the president’s approval, UPSC can cater to the requirements of a state.
• Advisory Role: The JSPSC provides advice and recommendations to the concerned state governments on matters related to recruitment, promotions, and transfers of civil servants. 
  • It plays a crucial role in ensuring a transparent and merit-based selection process.
• Annual Report: The JSPSC is required to prepare an annual performance report, which is presented to each of the participating State Governors. 
  • The Governor subsequently places  the report before their respective state legislatures.
• Jurisdiction: A JSPSC has the authority to conduct examinations and selection processes for multiple states, depending on the specific arrangement between the participating states. 
  • This streamlines the recruitment process and ensures uniform standards of selection across the states. 
• Independence: The JSPSC operates independently, and its Chairman and members can only be suspended or removed by the President. 

Conclusion

The SPSC serves as a crucial institution in maintaining a competent and transparent civil service at the state level. 

• While it operates independently and advises on various personnel management matters, its recommendations are advisory and not binding on the state government. 
• Overall, the SPSC’s functions contribute significantly to effective governance and the recruitment of qualified individuals for state services.

Important Articles Related To UPSC And SPSC

DOWNLOAD PDF