State Public Service Commission Explained

Like UPSC, State Public Service Commission is also constituted to meet the needs of state level administrative officers. In this article, we will discuss the State Public Service Commission in a simple and easy way and understand all its important aspects;

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State Public Service Commission: Background

Just as there is a Union Public Service Commission to carry out the recruitment process of civil servants at the central level, there is a State Public Service Commission in the states. If you have read the article on Union Public Service Commission , then you will notice one thing here that the provision for the formation of State Public Service Commission is also in Article 315.

To put it in other words, both the Union Public Service Commission and the State Public Service Commission have been explained in the same article. That is, it is also an independent and constitutional institution and the provision for its constitution, independence and powers, appointments and dismissal of members etc. has been made under Article 315 to 323 under the 14th part of the Constitution.

Composition of State Public Service Commission

The State Public Service Commission consists of a Chairman and some other members, who are appointed by the Governor of the State. Nothing has been said in the constitution about the total number of members in the commission, hence the determination of the composition of the commission has been left to the governor.

Moreover, the constitution does not even mention the qualifications for the member of the commission. However, under the current system, it is necessary that half of the members of the commission should have at least 10 years of working experience under the Government of India or the State Government.

Under Article 318 of the Constitution, the Governor has been empowered to determine the conditions of service of the Speaker and the members.

Article 316 deals with the tenure of the chairman and members of the commission. It provides that the Chairperson and the members of the Commission hold their office for a term of six years from the date on which they assume office or till the age of 65 years (whichever is earlier). By the way, he can resign anytime by addressing the Governor.

When the office of the Chairman is vacant, or when the Speaker is unable to perform his duties due to absence or other reasons, the Governor may appoint a member of the Commission to be Acting Chairman. This Acting President serves until the President resumes his duties or the President is re-appointed.

Dismissal and suspension

The provisions related to dismissal and suspension are mentioned in Article 317. The most important point here is that even though the chairman and members of the State Public Service Commission are appointed by the Governor, but they can be removed only by the President, not the Governor. and the President may remove the Chairman and members of the UPSC on the same grounds, that is,

(1) if he is declared insolvent, or
(2) engages during his term of office in any other paid work outside the duties of his office, or
(3) if the President considers that he is not fit to continue in office by reason of incapacity of mind or body.

The President can remove the Chairman or other members of the State Public Service Commission because of their misconduct, but if the President is thinking of removing the Chairman or other members of the Commission because of their misbehavior, then first he will have to send the matter to the Supreme Court for investigation. .

If the Supreme Court upholds the advice of dismissal after inquiry, the President can remove the Speaker or other members from office. According to this provision of the Constitution, the advice given by the Supreme Court in this matter is binding on the President.

Independence of State Public Service Commission

Some provisions have been given in the constitution so that the commission can do its work without any political pressure. like

(1) The Chairman or members of the Commission enjoy the security of the term of office, that is, once appointed, they can continue in their office till the end of their term. If there is a chance to remove it, then the President can remove it only on the grounds mentioned in the Constitution, which we have discussed above.

(2) The Governor decides the conditions of service of the Chairperson or a member, but cannot change them unfavourably after appointment. That is, its features cannot be reduced.

(3) All expenses including salary, allowances and pension to the Chairman or Member of the Commission are received from the Consolidated Fund of the State, which is not voted on in the Legislature.

(4) The Chairman of the Commission (after term) is eligible to become the Chairman or Member of the Union Public Service Commission and the Chairman of any other State Public Service Commission, but is not eligible for any other job under the Government of India or the Government of any State.

(5) The Chairperson or Member of the Commission cannot be reappointed to the same post at a later date. That is, there is no second term on the same post.

Functions of State Public Service Commission

The State Public Service Commission does the same work for the State Services as the Union Public Service Commission does for the Central Services:-

1. It conducts examinations for appointment to the State Services.

2. The Commission assists the State in planning and carrying out joint recruitment for any services which require candidates with special qualifications.

3. Provides advice on the following matters relating to personnel management:-

(1) on all matters relating to the methods of recruitment to the civil services and civil posts,
(2) in making appointments to civil services and posts and on promotion and promotion of services. In relation to the principle to be followed for transfer from one service to another,
(3) on the suitability of candidates for transfer to civil services and posts, for promotion or for transfer or deputation from one service to another. The concerned department recommends the promotion and urges the State Public Service to approve it.

4. All other disciplinary matters while working in a civil capacity in the State Government; Such as withholding of censure motion, withholding of increment, withholding of promotion, recovery of loss of money, tax in lower services or post, removal from service, dismissal from service, etc.

5. Claiming payment of costs by a civil servant in defense of legal proceedings against him in the performance of his duty.

6. It claims pension in respect of damage caused to a person while working under the State Government and determines the amount of pension.

The State Legislature may also delegate the task of private management of any authority, corporate body or public institution under the jurisdiction of the State Public Service Commission. Therefore, the scope of the State Public Service Commission can be expanded by an act of the State Legislature.

Under Article 323, the Commission reports its work to the Governor every year. The Governor presents this report to the Legislature. In which the cases rejected by the commission and their functions are described.

In addition to the District Judge, the Governor interacts with the State Public Service Commission on the issue of making rules related to recruitment to the judicial service. The concerned High Court is also contacted in this matter.

Limitations

Certain matters are outside the purview of the functions of the State Public Service Commission on which the Commission is not consulted, such as –

1. on the issue of reservation in appointments to backward castes;

Apart from this, the Governor can remove any post, service and subject from the purview of the State Public Service Commission, for which he does not require consultation with the Commission. Provided that such regulation shall be kept by the Governor in the House of the Legislature for at least 14 days. The House can amend or reject it.

Joint State Public Service Commission

For two or more states, the Constitution has also provided for a Joint State Public Service Commission . The only difference is that the Union Public Service Commission and the State Public Service Commission where directly constituted by the Constitution. At the same time, the Joint States Public Service Commission is constituted by the Parliament on the request of the State Legislature. Thus the United States Public Service Commission is a statutory body and not a constitutional body.

For example, in 1966, a short-lived Joint State Public Service Commission was formed for Haryana and Punjab, which were separated from Punjab. Now both have their own State Public Service Commission.

The chairman and members of the United States Public Service Commission are appointed by the President . His term of office is six years or 62 years, whichever is earlier; He can be dismissed by the President. And he can be relieved at any time by resigning to the President.

The President determines the number and service conditions of the members of the United States Public Service Commission. The commission submits the annual progress report to the governors concerned. Every governor presents it to the state legislature.

The Union Public Service Commission can also work as per the requirement of the state after the request of the Governor and the recommendation of the President.

State wise commission link

Closing Remarks

Overall, the State Public Service Commission is concerned with recruitment, promotion and advice to the government in state services. It has nothing to do with classification in the services, pay or condition of the services, cadre management, training etc. This work comes under the Department of Personnel and Training or General Administration Department.

Since the suggestions given by it are of advisory nature, that is, the state government can implement those suggestions as well as reject them, hence the role of the commission becomes a bit limited. Apart from this, the government can make such rules, which can control the advisory work of the State Public Service Commission.

Apart from this, the formation of the Central Vigilance Commission in 1964 also affected the functions of the Commission on disciplinary matters. This is because both were contacted before the government took disciplinary action against any bureaucrat. Usually there is no problem in this, but the problem arises when there is a difference of opinion between the two.

But since the State Public Service Commission is an independent constitutional body, it is more effective. While the Central Vigilance Commission has been created by an executive resolution of the Government of India (which got statutory status in October 2003) it is therefore a little less effective in front of it.

So this was the State Public Service Commission, most of the provisions in it are similar to the Union Public Service Commission (UPSC), hope it is understood. The link of some other important commissions is being given below, do understand that too.

⚫ Other Important Articles ⚫

English Articles	Hindi Articles
Central Bureau of Investigation – CBI National Human Rights Commission State Human Rights Commission central vigilance commission – CVC central information commission – CIC Comptroller and Auditor General – CAG Finance Commission Article 280 National Commission for Scheduled Castes National Commission for Scheduled Tribes National Commission for Backward Classes	केंद्रीय अन्वेषन ब्यूरो – CBI राष्ट्रीय मानवाधिकार आयोग राज्य मानवाधिकार आयोग केंद्रीय सतर्कता आयोग केन्द्रीय सूचना आयोग नियंत्रक एवं महालेखा परीक्षक वित्त आयोग \| अनुच्छेद 280 राष्ट्रीय अनुसूचित जाति आयोग राष्ट्रीय अनुसूचित जनजाति आयोग राष्ट्रीय पिछड़ा वर्ग आयोग

English Articles

Hindi Articles

Central Bureau of Investigation – CBI
National Human Rights Commission
State Human Rights Commission
central vigilance commission – CVC
central information commission – CIC
Comptroller and Auditor General – CAG
Finance Commission Article 280
National Commission for Scheduled Castes
National Commission for Scheduled Tribes
National Commission for Backward Classes

केंद्रीय अन्वेषन ब्यूरो – CBI
राष्ट्रीय मानवाधिकार आयोग
राज्य मानवाधिकार आयोग
केंद्रीय सतर्कता आयोग
केन्द्रीय सूचना आयोग
नियंत्रक एवं महालेखा परीक्षक
वित्त आयोग | अनुच्छेद 280
राष्ट्रीय अनुसूचित जाति आयोग
राष्ट्रीय अनुसूचित जनजाति आयोग
राष्ट्रीय पिछड़ा वर्ग आयोग

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