Lokpal and Important Commissions (Part-II)

According to Article 315(2) of Indian constitution, two or more states may agree that there shall be one public service commission for that group of states and if a resolution to that effect is passed by houses or where there are two houses, by each house of the legislature of those states, parliament may be law provide for appointment of a joint state public service commission.

According to Article 316(1), the Chairman and other members of the Public Service Commission shall be appointed in case of Union Commission or Joint Commission by the President of India and in case of State Commission by Governor of State.

Parallel to the Union Public Service Commission (UPSC) at the Centre, there is a State Public Service Commission (SPSC) in a State. The same set of articles (i.e, 315 to 323 in part XIV) of the Constitution also deals with the composition appointment and removal of members, power and functions and independence of a SPSC. Therefore the Chairman and members of the SPSC are appointed by the governor and they can be removed only by the President.

According to Article 316(1), the appointment of the Chairman and other members of the Union Public Service Commission, is done by the President and if it is a State Commission, then the members will be appointed by the Governor of the State.

According to Article 316(1), the appointment of the Chairman and other members of the Union Public Service Commission, is done by the President and if it is a State Commission, then the members will be appointed by the Governor of the State.

According to Article 317 of the Constitution, the Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehaviour after the Supreme Court, on reference being made to it by the President, has, an inquiry held in accordance with the procedure prescribed in that behalf under Article 145, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed.

According to Article 317 of the Constitution, the Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehaviour after the Supreme Court, on reference being made to it by the President, has, an inquiry held in accordance with the procedure prescribed in that behalf under Article 145, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed.

Parallel to the Union Public Service Commission at the Centre, there is a State Public Service Commission (SPSC) in a state. A State Public Service Commission consists of a chairman and other members appointed by the governor of the state in this case governor of Rajasthan. Although the chairman and members of a SPSC are appointed by the governor, they can be removed only by the president (and not by the governor). The president can remove them on the same grounds and in the same manner as he can remove a chairman or a member of the UPSC in the following circumstances;

(a) If he is adjudged an insolvent (i.e., has gone bankrupt); or

(b) If he engages, during his term of office, in any paid employment outside the duties of his office, or

(c) If he is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body. Hence both statements (i) and (ii) are correct.

Parallel to the Union Public Service Commission at the Centre, there is a State Public Service Commission (SPSC) in a state. A State Public Service Commission consists of a chairman and other members appointed by the governor of the state in this case governor of Rajasthan. Although the chairman and members of a SPSC are appointed by the governor, they can be removed only by the president (and not by the governor). The president can remove them on the same grounds and in the same manner as he can remove a chairman or a member of the UPSC in the following circumstances;

(a) If he is adjudged an insolvent (i.e., has gone bankrupt); or

(b) If he engages, during his term of office, in any paid employment outside the duties of his office, or

(c) If he is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body. Hence both statements (i) and (ii) are correct.

Under Article 320, the function of the State Public Service Commission does not contain transfer of civil servants. Therefore, the State Public Service Commission is not consulted of transferring Civil Servants.