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

Consider the following statements regarding the State Public Service Commission (SPSC):

1. Although appointed by the Governor of the State, the Chairman and members of an SPSC can be removed from office only by the President of India.
2. The procedure and grounds for the removal of an SPSC member are identical to those prescribed for a Judge of a High Court.
3. Upon ceasing to hold office, the Chairman of an SPSC is eligible for appointment as the Chairman or a member of the Union Public Service Commission (UPSC).

Which of the statements given above is/are correct?

  1. 1 and 3 onlyAnswer
  2. B
    1 and 2 only
  3. C
    2 and 3 only
  4. D
    1, 2 and 3

Answer

Statements 1 and 3 are correct.
Under Article 316 of the Constitution of India, the Chairman and members of a State Public Service Commission are appointed by the Governor of the state. However, under Article 317, they can be removed from office only by an order of the President of India on the ground of misbehaviour after the Supreme Court, on a reference made by the President, conducts an inquiry and recommends removal. This makes Statement 1 correct and Statement 2 incorrect (since High Court Judges are removed through a parliamentary address under Article 124(4)). Under Article 319, on ceasing to hold office, the Chairman of an SPSC is eligible for appointment as the Chairman or a member of the Union Public Service Commission (UPSC) or as the Chairman of any other SPSC, making Statement 3 correct.

Step-by-Step Solution

1
Evaluate Statement 1 regarding appointment and removal authority of SPSC members.
Statement 1 is correct. Under Article 316, SPSC members are appointed by the Governor, but under Article 317, they can only be removed by the President of India.
Constitutional provisions grant independence to SPSC members by restricting the power of removal strictly to the President.
2
Evaluate Statement 2 regarding the removal mechanism for SPSC members vs High Court Judges.
Statement 2 is incorrect. Removal of SPSC members on grounds of misbehaviour requires the President to refer the matter to the Supreme Court for an inquiry. High Court Judges, by contrast, are removed by Parliament passing an address supported by a special majority.
The removal procedures for SPSC members (Article 317) and High Court Judges (Article 217/124) follow distinct constitutional mechanisms.
3
Evaluate Statement 3 regarding post-retirement eligibility of the SPSC Chairman.
Statement 3 is correct. Article 319 explicitly allows the Chairman of an SPSC to be appointed as the Chairman or member of the UPSC, or as the Chairman of another SPSC.
Article 319 prevents government influence while permitting lateral or upward movement to higher constitutional bodies like the UPSC.

Key Concept

Appointment, removal safeguards, and post-retirement eligibility of State Public Service Commission members under Articles 316, 317, and 319 of the Constitution of India.
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Topics

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

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