Constitutional Framework of Public Service Commissions
Just as the Union Public Service Commission (UPSC) operates at the central level, each state maintains its own State Public Service Commission (SPSC) to handle state-level civil services recruitment and related matters. Remarkably, the Indian Constitution applies the same comprehensive framework to both institutions under Part XIV (Articles 315 to 323), which meticulously outlines their composition, the appointment and removal of members, powers and functions, and essential safeguards for independence.
State Public Service Commission: Composition and Tenure
A State Public Service Commission (SPSC) comprises a chairman and other members, all appointed by the state's governor. The Constitution leaves the exact number of members to the governor's discretion, offering flexibility to suit each state's needs. While no formal qualifications are mandated for membership, at least half of the members must be individuals who have served for a minimum of ten years under either the Government of India or a state government. The governor also sets the conditions of service for both the chairman and members, ensuring administrative adaptability.
The chairman and members serve for a term of six years or until they reach the age of 62, whichever comes first—unlike the Union Public Service Commission (UPSC), where the limit is 65 years. They may resign at any time by submitting a letter to the governor.
In cases of vacancy or incapacity, the governor may designate one of the existing members as acting chairman—either when the chairman's position falls vacant or when the chairman cannot discharge duties due to absence or other reasons. This acting chairman continues until a new appointee assumes office or the original chairman resumes responsibilities.
Removal of SPSC Chairman and Members
While the governor appoints the chairman and members of a State Public Service Commission (SPSC), only the president holds the power to remove them—a deliberate constitutional safeguard mirroring the process for the Union Public Service Commission (UPSC). This ensures uniformity and independence across public service commissions. The president may remove an SPSC officeholder on grounds identical to those for UPSC members: if they are declared insolvent (bankrupt); if they take up any paid employment outside their official duties during their term; or if, in the president's opinion, they are unfit to continue due to mental or physical infirmity.
Beyond these standard grounds, the president can also remove the chairman or any member for misbehaviour, but this requires a rigorous judicial process. The president must first refer the matter to the Supreme Court for inquiry. If the Court, upon investigation, confirms the misbehaviour and recommends removal, the president is constitutionally bound to act on that advice. Meanwhile, to prevent interference during the proceedings, the governor may suspend the individual pending the Supreme Court's final report and the president's order.
The Constitution precisely defines "misbehaviour" in this context to uphold ethical standards. An SPSC chairman or member is deemed guilty if they have any personal interest or involvement in contracts or agreements with the Government of India or a state government, or if they derive any profit or benefit from such arrangements—except in their capacity as a ordinary member of an incorporated company alongside others. This provision guards against conflicts of interest, reinforcing the commission's impartiality.
Independence of State Public Service Commissions
The Indian Constitution meticulously safeguards the independence and impartiality of State Public Service Commissions (SPSCs), mirroring the protections afforded to the Union Public Service Commission (UPSC). These measures insulate commissioners from political interference, ensuring they can recruit civil servants fairly and without bias.
Foremost among these is security of tenure. The President can remove the chairman or a member of an SPSC only on grounds and through procedures outlined in the Constitution—typically involving proven misbehavior or incapacity, akin to those for Supreme Court judges. This high threshold prevents arbitrary dismissal.
Complementing this, the conditions of service for the chairman or members, set by the state governor, remain fixed and cannot be altered to their disadvantage after appointment. Financial autonomy further bolsters independence: all salaries, allowances, and pensions are charged directly on the state's Consolidated Fund, bypassing the need for legislative approval and shielding the commission from budgetary pressures.
Post-tenure restrictions curb potential conflicts of interest. Upon ceasing office, the chairman qualifies for roles such as chairman or member of the UPSC, or chairman of another SPSC, but no other government position under the Union or a state. Members enjoy broader eligibility, including appointment as chairman or member of the UPSC, or chairman or member of their own or any other SPSC—again, excluding other government employments.
Finally, to prevent entrenchment, neither the chairman nor a member can seek reappointment to the same SPSC after their first term, promoting fresh perspectives and accountability. Together, these provisions forge a robust framework, enabling SPSCs to function as impartial custodians of state civil services recruitment.
Role and Functions of SPSC
The State Public Service Commission (SPSC) mirrors the role of the Union Public Service Commission (UPSC), but for state-level services. It holds primary responsibility for recruitment and personnel oversight within the state's civil services, ensuring merit-based selection and fair administration.
At its core, the SPSC conducts competitive examinations for appointments to various state civil services and posts. Beyond recruitment, it serves as a key advisor to the state government on critical aspects of personnel management. This includes framing methods of recruitment to civil services and posts; establishing principles for appointments, promotions, and transfers between services; and assessing the suitability of candidates for such roles, including those proposed for promotion, transfer, or deputation. Departments typically forward recommendations for promotions, seeking the SPSC's ratification to maintain objectivity.
The SPSC also weighs in on all disciplinary proceedings against state civil servants. These encompass a range of penalties, such as censure (formal reprimand), withholding of increments or promotions, recovery of financial losses caused to the government, reduction in service rank or pay (demotion), compulsory retirement, removal from service, and outright dismissal. Additionally, it advises on memorials, petitions, or appeals related to these matters.
Finally, the SPSC evaluates claims by civil servants for reimbursement of legal expenses incurred while defending actions taken in the course of their official duties. Through these functions, the SPSC upholds the integrity and efficiency of state governance.
Limitations on the State Public Service Commission's Jurisdiction
The State Public Service Commission (SPSC) operates within defined boundaries, excluding certain sensitive areas from its advisory role. Notably, it is not consulted on decisions involving reservations of appointments or posts for any backward class of citizens. Similarly, the SPSC has no say in evaluating claims from Scheduled Castes and Scheduled Tribes during recruitment to services and posts. These exclusions ensure that affirmative action policies remain insulated from routine scrutiny, preserving their focus on social justice.
Beyond these constitutional carve-outs, the Governor holds discretionary power to further limit the SPSC's involvement. Under the Constitution, the Governor may issue regulations for state services and posts, specifying matters where consultation with the SPSC is deemed unnecessary. This flexibility allows tailoring to state-specific needs. However, such regulations are not absolute: they must be laid before each House of the state legislature for at least 14 days, during which time the legislature can amend or repeal them entirely. This mechanism upholds legislative supremacy while balancing administrative efficiency.
Role and Limits of SPSC
The Indian Constitution envisages the State Public Service Commission (SPSC) as the vigilant guardian of the merit system within the state administration. At its core, the SPSC oversees recruitment to state civil services and provides advisory input to the government on promotions and disciplinary proceedings when consulted. However, its mandate is deliberately narrow: it does not extend to matters like service classification, pay scales, cadre management, or training. These responsibilities fall squarely under the Department of Personnel or the General Administration Department, positioning the SPSC as the state's central recruiting authority while the department serves as the broader central personnel agency.
This limited role is further underscored by the advisory—and thus non-binding—nature of the SPSC's recommendations. The state government retains full discretion to accept or reject them, with the primary check being its accountability to the state legislature for any deviations. Moreover, the government can enact rules to define and restrict the scope of the SPSC's advisory functions, reinforcing the commission's subordinate position in the administrative hierarchy.
The establishment of the State Vigilance Commission (SVC) in 1964 introduced additional complexity, particularly in disciplinary matters. Both the SPSC and SVC are now consulted by the government before acting against civil servants, creating potential for conflicting advice. In such cases, the SPSC holds a clear advantage as an independent constitutional body.
Beyond these functions, the Governor must consult the SPSC when framing rules for appointments to the state's judicial services, excluding district judge positions. The relevant high court is also involved in this process, ensuring a collaborative approach to judicial recruitment.
Joint State Public Service Commission
The Indian Constitution thoughtfully provides for the creation of a Joint State Public Service Commission (JSPSC) to serve two or more states collectively, promoting efficiency in recruitment processes. Unlike the Union Public Service Commission (UPSC) and State Public Service Commissions (SPSCs), which are established directly under constitutional provisions, a JSPSC comes into existence through an Act of Parliament, triggered by requests from the legislatures of the concerned states. This makes it a statutory body rather than a constitutional one. A notable example occurred briefly between Punjab and Haryana following Haryana's formation from Punjab in 1966.
The President appoints the chairman and members of a JSPSC, who serve for a term of six years or until reaching the age of 62, whichever comes first. The President also holds the authority to suspend or remove them, while they may resign at any time by submitting their letter to the President. The President further determines the commission's membership size and the conditions of service for its members.
In its reporting obligations, a JSPSC submits an annual performance report to the governors of each participating state. The governors, in turn, lay these reports before their respective state legislatures for scrutiny and discussion.
Complementing this framework, the UPSC can extend its services to a state upon the governor's request and with the President's approval, ensuring flexibility in public service recruitment.
This system traces its roots to British-era reforms. The Government of India Act, 1919, led to the establishment of a Central Public Service Commission in 1926, tasked primarily with recruiting civil servants. Building on this, the Government of India Act, 1935, expanded the structure by providing for a Federal Public Service Commission, Provincial Public Service Commissions, and even Joint Public Service Commissions for two or more provinces, laying the groundwork for the independent India's constitutional provisions.