State Public Service Commission-SPSC


  • Parallel to the Union Public Service Commission (UPSC) 
  • The same set of Articles (i.e., 315 to 323 in Part XIV) of the Constitution also deal with the composition, appointment and removal of members, power and functions and independence of a SPSC.

Composition of State Public Service Commission-SPSC

  • consists of a chairman and other members appointed by the governor
  • Constitution does not specify the strength of the Commission but has left the matter to the discretion of the Governor
  • no qualifications are prescribed
  • one-half of the members who have held office for at least ten years of service under GOI or State Govt.
  • authorizes the governor to determine the conditions of service 
  • Terms: 06 years or until they attain 62 Years (whichever is earlier)
  • Relinquish addressing their resignation to the governor
  • Governor can appoint one of the members of the SPSC as an acting chairman in the following two circumstances:
    • When the office of the chairman falls vacant; or
    • When the chairman is unable to perform his functions due to absence or some other reason

Removal of State Public Service Commissioner

  • only by the president (and not by the governor)
  • same grounds and in the same manner as he can remove a chairman or a member of the UPSC
  • Grounds:
    • adjudged an insolvent
    • any paid employment outside the duties of his office
    • unfit to continue in office by reason of infirmity of mind or body
    • misbehavior (refer the matter to the SC / advise tendered by the SC in this regard is binding on the president) / @ time of enquiry of concerned chairman or member were suspended
    • concerned or interested in any contract or agreement made by GOI or State Govt.
    • participates in any way in the profit of such contract or agreement or in any benefit

Independence of State Public Service Commission

  • removed from office by the president only in the manner and on the grounds mentioned in the Constitution
  • security of tenure
  • conditions of service determined by the governor, cannot be varied to his disadvantage 
  • salaries, allowances and pensions charged on the consolidated fund of the state (not subject to vote)
  • eligible for appointment as the chairman or a member of the UPSC or as the chairman of any other SPSC, but not for any other employment under the Government of India or a state.
  • chairman or a member not eligible for second term

Functions of State Public Service Commission

  • appointments to the services of the state /personnel management / recruitment to civil services and for civil posts
  • disciplinary matters affecting a person serving under the government of the state in a civil capacity including memorials or petitions relating to such matters. These include:
  • Censure (severe disapproval)
  • Withholding of increments
  • Withholding of promotions
  • Recovery of pecuniary loss
  • Reduction to lower service or rank (demotion)
  • Compulsory retirement
  • Removal from service
  • Dismissal from service
  • Supreme Court has held that if the government fails to consult the SPSC in these matters, the aggrieved public servant has no remedy in a court.
  • irregularity in consultation with the SPSC or acting without consultation does not invalidate the decision of the government (provision is directory and not mandatory)
  • jurisdiction of SPSC can be extended by an Act made by the state legislature
  • presents, annually, to the governor

Not Consulted in

    • reservations of appointments of any backward class
    • consideration the claims of SCs / STs
    • selections for chairmanship or membership
      of commissions or tribunals, posts of the highest diplomatic
      nature and a bulk of group C and group D services
    • selection for temporary or officiating
      appointment to a post if the person appointed is not likely to hold the post for more than a year

Role of State Public Service Commission

  • ‘watchdog of merit system’ in the state.
  • recruitment to the state services and advises the government, when consulted, on promotion and disciplinary matters
  • not concerned with the classification of services, pay and service conditions (handled by the Department of Personnel or the General Administration Department)
  • Department of Personnel or the General Administration Department is the central personnel agency
  • recommendations made by it are only of advisory nature and hence, not binding on the government
  • state government can also make rules which regulate the scope of the advisory functions
  • consulted by the governor while framing rules for appointment to judicial service of the state other than the posts of district judges. In this regard, the concerned state high court is also consulted.

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