State Public Service Commissions

The State Public Service Commission (SPSC) works at the state level, which is comparable to the Union Public Service Commission (UPSC) at the national level. The SPSC, established under Articles 315–323 of Part XIV of the Constitution of India, is in charge of recruiting people for various state positions while assuring a fair and merit-based selection procedure.

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This Story also Contains

1. What is SPSC?
2. Historical Background of SPSC
3. Constitutional Mandate for SPSC
4. Composition and Tenure of SPSC
5. Removal of Members of SPSC
6. Functions of SPSC
7. Issues concerning the State Public Service Commission
8. Relevance of SPSC
9. Role of SPSC
10. Independence of SPSC
11. Limitations of the SPSC
12. Joint State Commission
13. Conclusion

The State Public Service Commission (SPSC) is a cornerstone of India's administrative machinery, overseeing recruitment procedures and influencing the trajectory of the country's public services. The SPSC was established under the requirements of the Indian Constitution and played an important role in choosing applicants for prominent government jobs. Each Indian state has its own State Public Service Commission (SPSC), which is structured and acts similarly to the Union Public Service Commission (UPSC) at the government level. The SPSC is an autonomous constitutional organisation that functions as the state's principal recruitment agency.

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What is SPSC?

• The State Public Service Commission is a Constitutional Body created by Articles 315–323 of Part XIV.

• In addition to the Union Public Service Commission (UPSC) at the national level, each state has its own State Public Service Commission (SPSC).

• The same set of Articles of the Constitution governs the composition, appointment, and removal of members, as well as the power and responsibility of a State Public Service Commission and its independence.

• SPSCs, established under Article 315 of the Indian Constitution, act independently to guarantee the fair and effective administration of state government offices.

Historical Background of SPSC

• The Government of India Act, of 1919, suggested establishing the Federal Public Service Commission.

• The Federal Public Service Commission was founded in 1926, after the recommendations of the Lee Commission (1924).

• The Government of India Act, of 1935 established the Central and State Public Service Commissions.

• The Government of India Act of 1935 required the establishment of a state public service commission at the provincial level. Later, the Indian Constitution gave it a constitutional grounding. The State Public Service Commission functions at the state level in tandem with the Union Public Service Commission at the national level.

Constitutional Mandate for SPSC

State Public Service Commissions (SPSCs) draw jurisdiction and responsibility from particular constitutional provisions outlined in the Indian Constitution. These laws set up the framework under which SPSCs function. They describe their position in state governance and public administration.

Articles Related to the State Public Service Commission

Composition and Tenure of SPSC

• The State Public Service Commission's makeup is similar to that of the Union Public Service Commission.

• The SPSC is comprised of a Chairman and other members selected by the GOVERNOR of a state.

• The governor of a state has the authority to establish the composition and terms of service of the chairman and other members of the SPSC.

• According to the Indian Constitution, 50% of SPSC members must have held a government post (Government of India/State Government) for at least ten years. It makes no mention of any additional qualifications.

• All members, including the Chairman, serve for a six-year term or until the age of 62, whichever occurs first.

• All members, including the Chairman, may resign from their positions at any time by submitting their resignation to the Governor.

• The Governor may designate an acting chairman from the SPSC if the chairman's position becomes vacant or the chairman is unable to discharge their responsibilities due to absence or other reasons.

Removal of Members of SPSC

They can resign by writing to the Governor. They can only be dismissed by the President of India under the following circumstances:

• If he or she is declared insolvent;

• If he/she participates in paid work outside of their current obligations during the duration of office;

• If the President believes that he or she is unsuitable to continue in office,

• If the chairman or any other member is removed for misbehaviour, the President must send the issue to the Supreme Court of India for further investigation. The advice of the court is binding on the President.

Functions of SPSC

SPSCs have important tasks, including administering recruitment exams for several state civil services such as the State Administrative Service, the State Police Service, and other associated services.

1. Recruitment examinations: SPSCs hold competitive tests to find applicants for various state civil services and positions. They promote openness and merit-based selection.

2. Promoting Meritocracy: SPSCs promote the meritocratic concept by choosing applicants based on their exam results. This guarantees that only the most competent persons are chosen for administrative positions.

3. Advising on Service Rules and Regulations: SPSCs advise the state government on the creation and adjustment of service rules and regulations that regulate state civil services. This provides consistency across departments while also ensuring conformity with constitutional obligations.

4. Advising the State Government: SPSCs advise the state government on recruiting policy, promotions, and disciplinary proceedings involving public officials.

5. Interviews and Selection Procedures: In addition to written exams, SPSCs may conduct interviews and other selection procedures to determine if candidates are qualified for certain posts. This involves analysing their interpersonal and leadership abilities.

6. Monitoring and Supervision: SPSCs oversee the implementation of recruiting procedures and examinations to prevent malpractice and guarantee compliance with established standards.

7. Ensuring Equal Opportunity: SPSCs endeavour to give equal opportunity to all qualified applicants applying for state civil services. They encourage inclusion and justice during the recruiting process.

8. Public Service Reform Initiatives: SPSCs may pursue changes and enhancements to recruiting procedures and administrative practices in order to increase the efficiency and effectiveness of state government.

Issues concerning the State Public Service Commission

Over the years, the State Public Service Commission of many states has experienced several difficulties, such as:

• Corruption and Malpractice: Several states have reported cases of corruption and malpractice throughout the examination process.
• Lack of openness: The selection process frequently lacks openness and clarity, resulting in uncertainty and dissatisfaction among hopefuls.
• Inadequate Resources: Many SPSCs have a lack of resources, which reduces their efficiency and effectiveness.

Relevance of SPSC

1. Security of Tenure: The chairman and members may be removed from office for reasons specified in the constitution. They have the security of tenure.

2. Conditions of Service: The chairperson's or member's terms of service cannot be changed after their appointment.

3. Expenses are Independent: The whole SPSC expense is charged to the state's Consolidated Fund and hence cannot be voted on.

4. No Further Employment: After leaving office, a member is only eligible for employment as a member or chairman of the UPSC or the SPSC.

5. Single Term: A chairperson or member of the SPSC cannot be reappointed to the same post more than once.

Role of SPSC

• According to the Constitution, the SPSC is supposed to be the "watchdog of the merit system" for the state.

• It is in charge of hiring state workers and provides advice to the government on matters pertaining to discipline and promotion when contacted.

• Not only is the SPSC's duty limited, but its recommendations are primarily advisory in nature, meaning the government is not required to follow them.

• Such a proposal must be approved or rejected by the state government.

• The only safeguard is that the state legislature will hold the government responsible if it departs from the Commission's recommendations.

• Moreover, regulations that restrict the extent of the SPSC's advisory duties can be passed by the government.

Independence of SPSC

• The President may only remove the Chairman or any member of an SPSC under the procedures and conditions outlined in the Constitution. They do benefit from tenure security.

• Even though the governor sets the terms of service for the chairman and members, once they are appointed, they cannot be altered to their prejudice.

• The entire cost is billed to the state's consolidated fund, which also includes the salary, benefits, and pensions of the chairman and members. Consequently, they are not up for vote in the state assembly.

• The chairman of an SPSC may be appointed to any other SPSC or to the UPSC as chairman or member, but not to any other post within the Indian or state governments.

• A member of an SPSC may be appointed to the UPSC, as chairman, or as the chairman of that SPSC or any other SPSC after leaving office, but not to any other post in the federal government of India or a state government.

• The chairman or a member of an SPSC is not eligible for reappointment to that post after serving his first term; that is, they are not eligible for a second term.

Limitations of the SPSC

Despite playing a crucial function, SPSCs have difficulties. These difficulties might make SPSC operations less credible and efficient, requiring ongoing supervision and revisions to fix flaws.

1. Bureaucratic Delays: Because of bureaucratic procedures, SPSCs frequently have delays in holding recruiting exams and finishing selection processes. This may influence administrative efficiency and increase the time it takes to fill positions.

2. Infrastructure and Resource Constraints: Inadequate personnel and infrastructure might make it more difficult for SPSCs to manage high application quantities and conduct exams efficiently, which can create logistical issues.

3. Allegations of Corruption and Favouritism: Incidents of corruption or favouritism throughout the hiring process might damage SPSCs' reputations. It may weaken public confidence in their capacity to maintain justice and meritocracy.

4. Political Influence: When it comes to hiring choices, SPSCs may experience political influence or pressure. This undermines their independence and objectivity when choosing applicants according to qualifications and merit.

5. Training and Capacity Building: There can be deficiencies in the SPSC employees' and members' training and capacity building. This has an impact on their capacity to implement cutting-edge hiring procedures, make efficient use of technology, and handle new problems.

Joint State Commission

Part XIV of the Indian Constitution, Sections 315–323, stipulates the establishment of a Public Service Commission for the Union of India and one for every state. Articles 315 through 323 of Part XIV of the Constitution, which also regulate the appointment, removal, and makeup of members, as well as the authority and duties of a Public Service Commission and its autonomy from the executive branch, also apply to members of the joint Public Service Commission. The Union Public Service Commission (UPSC) is also in charge of advising the President on disciplinary matters and conducting exams for recruitment to the "All India Services" (AIS) and "Higher Central Services" (HCS).

Important Note: The Government of India Act of 1935 established a Federal Public Service Commission, Provincial Public Service Commissions, and Joint Public Service Commissions for several provinces.

Conclusion

A state public service commission was formed at the provincial level by the Government of India Act of 1935. Later on, it was given constitutional status by the Indian constitution. Parallel to the Union Public Service Commission in the centre, the State Public Service Commission operates at the state level. The core system that upholds and ensures the meritocracy of Indian government services is the Public Service Commission. Its equitable and transparent operation is essential to the nation's democratic framework.