Lokpal and Important Commissions (Part-II)

Total Questions: 55

31. A Joint Public Service Commission for two or more States can be established by [U.P.P.C.S. (Pre) 2022]

Correct Answer: (a) Parliament, if requested by concerned States
Solution: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.

32. Choose the correct alternative: [R.A.S./R.T.S. (Pre) 2016]

The Chairman of a Joint Public Service Commission for two or more States is appointed by -

Correct Answer: (a) The President of India
Solution: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.
  • The UPSC comprises a Chairman and other members, whose number is determined by the President of India.
  • Members are appointed by the President, and at least half of them must have held office under the Government for at least 10 years.
  • The Chairman and members hold office for a term of 6 years or until they attain the age of 65 years, whichever is earlier.

33. The Chairman of the State Public Service Commission is appointed by? [64th B.P.C.S. (Pre) 2018]

Correct Answer: (c) the Governor of the State
Solution: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.

34. Who appoints the Members of the State Public Service Commission? [M.P.P.C.S. (Pre) 2005]

Correct Answer: (b) Governor
Solution: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.
  • On the lines of UPSC in the centre, there is a State Public Service Commission (SPSC) for every state, which is an independent Constitutional body.
  • It is basically the major recruiting agency of a state.
  • Article 315 to 323 (Part XIV) deals with the composition, appointment and removal of members along with the independence, powers and functions of the SPSC.
  • Government of India Act, 1919: proposed to set up the Federal Public Service Commission.
  • In 1926 on the recommendation of Lee Commission (1924), the Federal Public Service Commission was established.
  • Government of India Act, 1935: provided for the Central and State Public Service Commission.

35. Chairperson and Member of the State Public Service Commission are appointed [M.P.P.C.S. (Pre), 2021]

Correct Answer: (a) by Governor
Solution: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.
  • On the lines of UPSC in the centre, there is a State Public Service Commission (SPSC) for every state, which is an independent Constitutional body.
  • It is basically the major recruiting agency of a state.
  • Article 315 to 323 (Part XIV) deals with the composition, appointment and removal of members along with the independence, powers and functions of the SPSC.
  • Government of India Act, 1919: proposed to set up the Federal Public Service Commission.
  • In 1926 on the recommendation of Lee Commission (1924), the Federal Public Service Commission was established.
  • Government of India Act, 1935: provided for the Central and State Public Service Commission.

36. Which Article of the Constitution has provision for removal of a member of Public Service Commission? [Chhattisgarh P.C.S. (Pre) 2011]

Correct Answer: (c) 317
Solution: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.

37. A member of State Public Service Commission may be removed by [U.P.P.C.S. (Pre) 2021]

Correct Answer: (c) The President, after the enquiry conducted by the Supreme Court
Solution: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.

38. Consider the following statements regarding Rajasthan Public Service Commission: [Raj. P.C.S. (Pre) 2023]

(i) The chairman and members of the commission are appointed by the Governor of Rajasthan.

(ii) The chairman or any other member of the commission shall only be removed from his office, by order of the President.

 

Correct Answer: (b) Both (i) and (ii) are correct.
Solution: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.

39. In the removal of which of the following officials does the Parliament NOT play any role? [U.P.P.C.S. (Pre) 2020]

1. Judges of High Court

2. Judges of the Supreme Court

3. Chairman of the Union Public Service Commission

4. Comptroller and Auditor General of India

Choose the correct answer from the codes given below:

Codes:

Correct Answer: (d) 3 only
Solution: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.

40. In which of the following matters the State Public Service Commission is not consulted? [R.A.S./R.T.S.(Pre) 2013]

Correct Answer: (d) On making transfers of Civil Servants.
Solution: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.

Functions and Advisory Role of State Public Service Commissions

  • It conducts examinations for appointment to the Services of State.
  • It is consulted on the matters below:
  • All matters relating to methods of recruitment to civil services and for civil posts.
  • The principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfer.
  • All disciplinary matters affecting a person serving under the Government of State in a civil capacity, including memorials or petitions relating to such matters.
  • Any claim of costs incurred by a civil servant in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his official duty.
  • Any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government of India and any question as to the amount of any such award.
  • Any matter related to personnel management.