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Difficulty: Very hardState Polity, Administration, and Governance

Consider the following statements regarding the State Public Service Commission (SPSC) and the State Election Commission (SEC) in Indian states:

1. While the Chairman and members of both the SPSC and SEC are appointed by the Governor of the state, they can be removed from office only by the President of India.
2. The conditions of service of the State Election Commissioner cannot be varied to his disadvantage after his appointment, whereas the conditions of service of SPSC members are determined by the Governor and can be altered to their disadvantage during their tenure.
3. The annual performance report of the SPSC is submitted to the Governor, who causes it to be laid before the State Legislature along with a memorandum detailing cases where the advice of the Commission was not accepted.

Which of the statements given above 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

1 and 3 only
Statements 1 and 3 are constitutionally accurate. Under Articles 316 and 317 for the SPSC, and Article 243K for the SEC, the Governor serves as the appointing authority, but removal authority rests solely with the President. Furthermore, Article 323(2) mandates that the SPSC submit its annual report to the Governor for presentation to the State Legislature along with a memorandum explaining non-acceptance of advice. Statement 2 is false because Article 318 expressly forbids varying SPSC members' service conditions to their disadvantage after appointment.

Step-by-Step Solution

1
Evaluate Statement 1 regarding appointment and removal of SPSC and SEC members.
Statement 1 is correct. Both SPSC members (Article 316/317) and the State Election Commissioner (Article 243K) are appointed by the Governor, but both can only be removed by the President of India (the SEC is removed in like manner as a High Court Judge, which requires an order passed by the President).
Constitutional independence requires that removal authority resides with the President despite local executive appointment.
2
Evaluate Statement 2 regarding variation of service conditions after appointment.
Statement 2 is incorrect. Under the proviso to Article 318, the conditions of service of an SPSC member shall not be varied to his disadvantage after appointment, matching the immunity granted to the SEC under Article 243K(2).
This protection ensures administrative autonomy free from executive coercion.
3
Evaluate Statement 3 regarding submission of annual reports.
Statement 3 is correct. Under Article 323(2), the SPSC presents its annual report to the Governor, who lays it before the State Legislature along with an explanatory memorandum for any non-acceptance of advice.
Legislative oversight ensures transparency when the state executive departs from Commission recommendations.

Key Concept

Constitutional independence, appointment, removal, and reporting procedures of State Public Service Commissions and State Election Commissions under Articles 315–323 and 243K.
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Topics

State Polity, Administration, and Governance

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