Every State needs officers to run its offices, collect taxes and keep law and order. To pick them fairly, each State has a State Public Service Commission (SPSC). Examples are the UPPSC, BPSC and RPSC. The Constitution deals with these commissions in Part XIV, in the same Articles that deal with the UPSC. Exams ask about their appointment, term, removal and functions. This post explains them in simple words. It ends with 15 previous year questions.
Key Points (Quick Revision)
- Public Service Commissions are covered in Part XIV, Articles 315 to 323.
- The Chairman and members of an SPSC are appointed by the Governor.
- They can be removed only by the President, not by the Governor.
- They hold office for 6 years or until the age of 62, whichever comes first.
- Two or more States can share a Joint State Public Service Commission, created by a law of Parliament.
1. What is a State Public Service Commission?
An SPSC is a constitutional body. Its main job is to hold exams and interviews for jobs in the State government, and to advise the State on matters of service.
Article 315 says there shall be a Public Service Commission for the Union and one for each State. It also allows a Joint State Public Service Commission (JSPSC) for two or more States.
- A JSPSC is created by a law of Parliament, if the legislatures of the States concerned pass a resolution asking for it.
- A JSPSC is a statutory body, not a constitutional body.
- The UPSC can also serve the needs of a State, if the Governor asks and the President agrees.
2. Composition and appointment
An SPSC has a Chairman and other members.
- They are appointed by the Governor of the State (Article 316).
- The Constitution does not fix the number of members. The Governor decides it.
- No special qualification is laid down, except that about half of the members should have held office under the government for at least ten years.
- The Governor also decides their conditions of service. These cannot be changed to their disadvantage after appointment.
For a JSPSC, the Chairman and members are appointed by the President.
3. Term of office
The Chairman and members hold office for six years or until they reach the age of 62 years, whichever is earlier.
- They can resign at any time by writing to the Governor.
- Compare this with the UPSC, where the age limit is 65 years.
- A member cannot be reappointed to the same office after the term ends.
4. Removal and independence
Although the Governor appoints them, only the President can remove them (Article 317). This keeps the commission free from State pressure.
The President can remove the Chairman or a member if he or she:
- Is declared an insolvent.
- Takes up paid employment outside the duties of the office.
- Is unfit to continue because of infirmity of mind or body.
For misbehaviour, the President must first refer the case to the Supreme Court. If the Court, after an inquiry, upholds the charge, the President can remove the member. During the inquiry, the Governor may suspend the member.
Other safeguards for independence are:
- Their expenses are charged on the Consolidated Fund of the State (Article 322), so they are not voted by the legislature.
- Limits on jobs after retirement (Article 319). A Chairman of an SPSC can become the Chairman or a member of the UPSC, or the Chairman of another SPSC, but not take other government jobs.
5. Functions
Under Article 320, the SPSC:
- Holds exams for appointments to the services of the State.
- Is consulted on methods of recruitment, and on principles for appointments, promotions and transfers.
- Is consulted on disciplinary matters of State civil servants.
- Is consulted on claims for legal costs and pensions for injuries in service.
Its advice is not binding. The State government may disagree, but it must explain its reasons.
Under Article 321, the State legislature can give the SPSC more functions. Under Article 323, the SPSC presents an annual report to the Governor, who places it before the State legislature.
6. UPSC vs SPSC vs JSPSC
| Point | UPSC | SPSC | JSPSC |
|---|---|---|---|
| Created by | Constitution | Constitution | Law of Parliament |
| Appointed by | President | Governor | President |
| Removed by | President | President | President |
| Term | 6 years or 65 years of age | 6 years or 62 years of age | 6 years or 62 years of age |
| Annual report to | President | Governor | Governor of each State concerned |
7. Previous year questions
- Which Part of the Constitution deals with Public Service Commissions? – Part XIV
- Which Articles deal with Public Service Commissions? – Articles 315 to 323
- Who appoints the Chairman of a State Public Service Commission? – The Governor
- Who can remove a member of a State Public Service Commission? – The President
- What is the term of a member of an SPSC? – 6 years or till age 62, whichever is earlier
- To whom does a member of an SPSC submit resignation? – The Governor
- Who may suspend a member of an SPSC during an inquiry? – The Governor
- Which body inquires into misbehaviour by an SPSC member? – The Supreme Court
- Who appoints the members of a Joint State Public Service Commission? – The President
- A Joint State Public Service Commission is created by whom? – Parliament, by law
- Who decides the number of members of an SPSC? – The Governor
- To whom does an SPSC submit its annual report? – The Governor
- On which fund are the expenses of an SPSC charged? – Consolidated Fund of the State
- Which Article lists the functions of Public Service Commissions? – Article 320
- Is the advice of an SPSC binding on the State government? – No
8. How to revise this topic
Start with the Articles: 315 creation, 316 appointment and term, 317 removal, 319 jobs after retirement, 320 functions, 322 expenses, 323 report.
Next, fix the key rule: appointed by the Governor, removed only by the President.
Then learn the numbers: 6 years or 62 years; half the members with ten years of government service.
Finally, compare UPSC, SPSC and JSPSC using the table above.
9. Frequently Asked Questions
What is a State Public Service Commission?
It is a constitutional body under Articles 315 to 323 that conducts exams for State government jobs and advises the State on recruitment, promotion and disciplinary matters.
Who appoints and removes SPSC members?
The Governor appoints the Chairman and members of an SPSC, but only the President can remove them, on the grounds set out in Article 317.
What is the term of an SPSC member?
Six years or until the age of 62, whichever comes first. For the UPSC, the age limit is 65.
What is a Joint State Public Service Commission?
A JSPSC serves two or more States. It is created by a law of Parliament on the request of the States' legislatures, and its members are appointed by the President.
Is the advice of the SPSC binding?
No. The advice of the SPSC is not binding on the State government, but the government must give reasons if it does not accept it.
For more Polity topics in simple language, see our UPSC, Governor and State Government and CAG of India posts, or browse the Polity section. Preparing for a state PSC? Start with the UPPSC PCS guide or join the 100 Hour GS Course.