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

With reference to the constitutional safeguards and operational framework of the State Public Service Commission (SPSC) and Union Public Service Commission (UPSC), which of the following statements are correct?

  1. Although the Chairman and members of a State Public Service Commission are appointed by the Governor of the state, they can be removed from office only by the President of India.Answer
  2. The conditions of service of a member of UPSC or SPSC cannot be varied to their disadvantage after their appointment.Answer
  3. C
    The Chairman of a State Public Service Commission is eligible for further employment as a member or Chairman of another SPSC, but is strictly barred from appointment to the UPSC.
  4. D
    The administrative expenses of the SPSC, including salaries and pensions of its members, are subject to annual voting in the State Legislative Assembly.

Answer

The correct statements are that the Chairman and members of an SPSC are appointed by the Governor but removed only by the President, and that their conditions of service cannot be varied to their disadvantage after appointment.
The Constitution assigns appointment of SPSC members to the Governor, but reserves removal strictly to the President of India under Article 317 to shield members from local political influence. Additionally, service conditions are protected from adverse changes during the tenure to ensure impartiality.

Step-by-Step Solution

1
Evaluate the appointment and removal provisions of SPSC members (Article 317).
The Governor makes the appointment, but removal authority rests solely with the President following a Supreme Court reference.
This dual-authority design provides constitutional protection against state political interference.
2
Examine service condition protection under constitutional provisions.
Service conditions determined at the time of appointment cannot be altered to the officer's disadvantage during tenure.
This guarantees independence in official functioning.
3
Assess post-retirement eligibility rules under Article 319.
The SPSC Chairman can transition to UPSC (as Chairman or member) or another SPSC as Chairman.
Claims restricting transition to UPSC misinterpret the constitutional post-retirement bar.
4
Check the financial charging status of SPSC expenses under Article 322.
Expenses are charged upon the Consolidated Fund of the State.
Charged expenses are not subject to annual voting in the state assembly to prevent executive financial control.

Key Concept

Constitutional Independence Safeguards of Public Service Commissions (Articles 315 to 323)
Estimated Time:2m 0s
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Topics

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

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