State Public Service Commissions

A State Public Service Commission (SPSC) is a constitutional body that conducts examinations for recruitment to state services and advises the state government on personnel matters. Articles 315 to 323 establish its institutional framework, functions and safeguards, helping protect public-service recruitment from arbitrary executive influence.

Establishment and composition

• Article 315 provides for a Public Service Commission for each state; Parliament may establish a Joint State Public Service Commission when the legislatures of the participating states request it.
• Under Article 316, the Governor appoints the SPSC Chairman and members. As nearly as possible, half the members must have held government office for at least ten years.
• Members hold office for six years or until age 62, whichever is earlier, and may resign by writing to the Governor.

Safeguards for independence

• Under Article 317, the President, not the Governor, removes members. Removal for misbehaviour requires a Supreme Court inquiry following a presidential reference.
• The President may also remove a member for insolvency, paid employment outside official duties, or unfitness arising from infirmity of mind or body.
• Article 318 authorises the Governor to regulate membership strength and service conditions, but a member’s conditions cannot be varied to their disadvantage after appointment.
• Article 319 restricts subsequent government employment of the Chairman and members while permitting specified appointments within public service commissions.
• Article 322 charges the Commission’s expenses on the state’s Consolidated Fund, insulating them from annual legislative voting.

Recruitment and advisory functions

Under Article 320, the SPSC conducts examinations for appointments to state services. Its consultation mandate extends beyond examinations to important personnel decisions.

• It advises on recruitment methods, principles governing appointments, promotions and transfers, and candidates’ suitability.
• It is consulted on disciplinary matters, specified legal-expense claims and injury-pension claims.
• The Governor may make regulations exempting specified matters from consultation; these must be laid before the state legislature.
• Article 321 allows legislation to extend its functions to services of local authorities, statutory corporations or public institutions.
• Its advice is advisory, not binding; the government retains decision-making responsibility.

Reporting and legislative accountability

Under Article 323, the SPSC submits an annual report to the Governor. The Governor must lay it before the state legislature, together with a memorandum explaining cases where the Commission’s advice was not accepted and the reasons for non-acceptance.