State Public Service Commission (SPSC)

Let’s start with a simple comparison:
Just as the UPSC serves as the central recruiting agency for the Union,
the State Public Service Commission (SPSC) serves the same role at the state level.

So, SPSC is to the State Government what UPSC is to the Union Government.
Both share the same constitutional foundation — Articles 315 to 323 (Part XIV).

⚖️ Constitutional Basis

• The SPSC is an independent constitutional body created directly by the Constitution.
• It is responsible for recruitment to the State Services and related functions.
• All the key provisions related to its composition, appointment, removal, powers, and independence are the same Articles (315–323) that also govern the UPSC.

👥 Composition of SPSC

1. Chairman and Members
   • Appointed by the Governor of the State.
   • The Constitution does not fix the number of members — it’s left to the Governor’s discretion.
2. Qualification
   • No specific educational or professional qualifications are prescribed.
   • However, half of the members must be persons who have held office for at least 10 years under the Government of India or a State Government.
3. Tenure
   • They hold office for 6 years or until they reach 62 years of age, whichever is earlier.
     (In UPSC, the age limit is 65 years.)
4. Resignation
   • A member can resign anytime by writing to the Governor.
5. Acting Chairman
   • The Governor can appoint one of the members as Acting Chairman when:
     1. The office of the Chairman falls vacant, or
     2. The Chairman is unable to perform duties temporarily.
   • The Acting Chairman continues until a regular appointment is made or the Chairman resumes duties.

⚔️ Removal of Members

Here lies an important distinction —
While the Governor appoints the members, only the President can remove them.

The grounds for removal are exactly the same as for the UPSC:

1. If adjudged insolvent (bankrupt)
2. If engaged in paid employment outside official duties
3. If unfit to continue due to infirmity of mind or body
4. If guilty of “misbehaviour” — in which case:
   • The President must refer the matter to the Supreme Court for inquiry.
   • If the Court upholds the charges and advises removal, the President must remove the person.
   • The Court’s advice is binding on the President.
   • During the inquiry, the Governor can suspend the member.

Misbehaviour includes:

• Being interested in or benefiting from a government contract/agreement, except as a common shareholder.

🛡️ Independence of SPSC

The Constitution ensures the independent and impartial functioning of the Commission through several safeguards:

1. Security of Tenure –
   Removal only by the President and only on constitutional grounds.
2. Service Protection –
   Conditions of service cannot be changed to their disadvantage after appointment.
3. Financial Autonomy –
   All expenses of the SPSC are charged on the Consolidated Fund of the State, not subject to legislative vote.
4. Post-Retirement Employment Restrictions –
   • Chairman: Eligible to become
     • Chairman or Member of UPSC, or
     • Chairman of another SPSC,
       but not eligible for any other employment under the Union or State Government.
   • Member: Eligible to become
     • Chairman or Member of UPSC, or
     • Chairman of that or any other SPSC,
       but not for any other government job.
   • No reappointment to the same office after completing a term.

These safeguards ensure that SPSC members can act independently without fear or favour.

⚙️ Functions of SPSC

The SPSC performs functions in relation to State Services, just as UPSC does for Central Services.

1. Recruitment Functions

• Conducts examinations for appointment to the State’s civil services and posts.

2. Advisory Functions

The Governor consults the SPSC on:

1. Recruitment methods for State Services and Posts.
2. Principles of appointment, promotion, and transfer.
3. Disciplinary matters (including petitions or appeals).
4. Reimbursement of legal expenses for officials defending official acts.
5. Pension or compensation for injury during service.
6. Any other matter referred to it by the Governor.

🧠 Judicial Interpretation:

The Supreme Court held that:

• Failure to consult SPSC does not invalidate the Government’s decision.
• Consultation is directory, not mandatory.
• Selection by SPSC gives no automatic right to appointment — the Government must still act fairly and without mala fides.

3. Additional Functions

• The State Legislature may extend SPSC’s functions by law — e.g., to cover recruitment in local bodies, corporations, or public institutions.

4. Reporting to the Legislature

• The SPSC submits an annual report to the Governor, who must place it before the State Legislature along with reasons where its advice was not accepted.

🚫 Limitations of SPSC

Certain matters are kept outside its jurisdiction:

1. Reservation of posts for backward classes.
2. Consideration of SC/ST claims in appointments.

Additionally, the Governor may issue regulations specifying matters excluded from SPSC consultation.

Such regulations:

• Must be laid before the State Legislature for at least 14 days.
• Can be amended or repealed by the Legislature.

(These are similar to the UPSC (Exemption from Consultation) Regulations, 1958 at the central level.)

🧩 Role and Significance of SPSC

The Constitution visualizes the SPSC as the “watchdog of the merit system” in the State.

Its major role:

• Recruitment to State Services.
• Advising on promotions, disciplinary actions, and service matters.

However:

• Its advice is not binding on the Government.
• The State Government may accept or reject the advice, but must act reasonably.

Other service-related aspects like training, pay, and cadre management are handled by the Department of Personnel or General Administration Department (GAD) —
similar to how the DoPT functions at the central level.

Also, just like the UPSC–CVC overlap, at the state level:

• The State Vigilance Commission (SVC) also advises on disciplinary matters.
• However, the SPSC’s advice has greater weight, since it is a constitutional body, whereas the SVC is created by executive order or statute.

🧑‍⚖️ Judicial Service Recruitment:

The Governor consults both the SPSC and the High Court while framing rules for appointment to the State Judicial Service (below the level of District Judges).

🏛️ Joint State Public Service Commission (JSPSC)

The Constitution also provides for a Joint State Public Service Commission (JSPSC) for two or more States.

Here’s how it works:

1. Creation:
   • By an Act of Parliament, but only on request of the concerned State Legislatures.
   • So, a JSPSC is a statutory (not constitutional) body.
2. Appointment:
   • The President appoints its Chairman and Members.
3. Tenure:
   • They hold office for 6 years or until 62 years of age, whichever is earlier.
4. Removal/Resignation:
   • They can be removed or suspended by the President, or
   • Resign by addressing their resignation to the President.
5. Service Conditions:
   • Determined by the President.
6. Reporting:
   • The JSPSC submits its annual report to each State Governor,
     who places it before their respective Legislatures.

📘 Summary Table

Feature	UPSC	SPSC	JSPSC
Constitutional Basis	Articles 315–323	Articles 315–323	Created by Parliament
Appointing Authority	President	Governor	President
Removing Authority	President	President	President
Age Limit	65 years	62 years	62 years
Tenure	6 years or 65 years	6 years or 62 years	6 years or 62 years
Financial Source	Consolidated Fund of India	Consolidated Fund of the State	Shared by States concerned
Annual Report Submitted To	President → Parliament	Governor → State Legislature	Governors → State Legislatures
Nature of Advice	Advisory	Advisory	Advisory
Post-Retirement Restrictions	Can’t hold further government employment	Can hold certain higher PSC posts only	Same as SPSC
Status	Constitutional	Constitutional	Statutory

🧠 In Simple Words

The State Public Service Commission is the guardian of merit and fairness in state-level recruitment.
It ensures that entry into the State Civil Services is based on ability, not political favour.
While its advice is not binding, its existence is vital to uphold the independence, neutrality, and integrity of the State’s public administration.

Here’s your neatly formatted table for “Articles Related to the SPSC at a Glance”, matching the professional structure used in your polity notes:

Articles Related to the SPSC at a Glance

Article No.	Subject-Matter
315	Public Service Commissions for the Union and for the States
316	Appointment and term of office of members
317	Removal and suspension of a member of a Public Service Commission
318	Power to make regulations as to conditions of service of members and staff of the Commission
319	Prohibition as to the holding of office by members of the Commission on ceasing to be such members
320	Functions of Public Service Commissions
321	Power to extend functions of Public Service Commissions
322	Expenses of Public Service Commissions
323	Reports of Public Service Commissions