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Difficulty: MediumConstitutional Bodies: Election Commission, UPSC, SPSC, CAG, and Finance Commission

Two or more states in India may agree to serve their recruitment needs through a Joint State Public Service Commission (JSPSC). What is the legal status of a JSPSC and which authority appoints its Chairman and members?

  1. It is a statutory body created by an Act of Parliament, and its Chairman and members are appointed by the President of India.Answer
  2. B
    It is a constitutional body directly established under Article 315, and its Chairman and members are appointed by the President of India.
  3. C
    It is a constitutional body established under Article 315, and its Chairman and members are appointed jointly by the Governors of the concerned states.
  4. D
    It is a statutory body created by an Act of Parliament, and its Chairman and members are appointed by the Governor of the state with the larger population.

Answer

A Joint State Public Service Commission (JSPSC) is a statutory body created by an Act of Parliament, and its Chairman and members are appointed by the President of India.
A Joint State Public Service Commission (JSPSC) is formed when two or more states pass resolutions in their legislative assemblies requesting a joint commission, leading Parliament to enact a specific law. Consequently, a JSPSC is a statutory body, not a constitutional body. Furthermore, under Article 316 of the Constitution of India, the Chairman and members of a JSPSC are appointed by the President of India.

Step-by-Step Solution

1
Determine the legal creation mechanism of a Joint State Public Service Commission (JSPSC).
Under Article 315(2), when state legislatures pass resolutions requesting a joint commission, Parliament may by law create a JSPSC. Because it comes into existence through parliamentary legislation rather than direct constitutional mandate, it is a statutory body.
Constitutional bodies exist directly by force of the Constitution text, whereas statutory bodies are created by an Act of Parliament.
2
Identify the constitutional authority responsible for appointing JSPSC members.
Under Article 316(1) of the Constitution of India, the Chairman and other members of a JSPSC are appointed by the President of India.
Unlike an SPSC where the Governor makes appointments, a JSPSC serves multiple states, placing appointment authority with the Union executive (the President).

Key Concept

Statutory Nature and Appointment Authority of Joint State Public Service Commission (JSPSC)
Estimated Time:1m 0s
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Topics

Constitutional Bodies: Election Commission, UPSC, SPSC, CAG, and Finance Commission

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