The Chairman of a State Public Service Commission can be removed by the order of the ________.
President
Understanding State Public Service Commissions and their Chairmen
State Public Service Commissions (SPSCs) are constitutional bodies in India. They play a crucial role in recruiting candidates for various state government services. Each SPSC has a Chairman and other members.
The question specifically asks about the authority responsible for the removal of the Chairman of a State Public Service Commission.
Appointment vs. Removal Authority
It's important to distinguish between the authority that appoints the Chairman and the authority that removes them. While the appointment is done by the Governor of the state concerned, the power of removal rests with a different authority.
| Aspect | Authority |
|---|---|
| Appointment of Chairman/Members of SPSC | Governor of the State |
| Removal of Chairman/Members of SPSC | President of India |
Procedure for Removing the Chairman of SPSC
The Chairman or a member of a State Public Service Commission can only be removed from office by the order of the President of India. The grounds for removal are specified in the Constitution. The procedure involves a mandatory reference to the Supreme Court.
The removal process is as follows:
- The President can remove the Chairman or a member on grounds of proved misbehavior or infirmity of mind or body.
- In cases of proved misbehavior, the President has to refer the matter to the Supreme Court for an inquiry.
- If the Supreme Court, after the inquiry, reports that the Chairman or member ought to be removed, the President is bound to accept this advice and issue the removal order.
- The President can also remove the Chairman or a member without the Supreme Court's reference in certain other cases, such as insolvency, engaging in paid employment outside the duties of office, or conviction for an offense involving moral turpitude.
Therefore, while the Governor appoints the Chairman, only the President has the power to remove the Chairman of a State Public Service Commission.
Analyzing the Options for SPSC Chairman Removal
Let's look at the given options:
- Prime Minister: The Prime Minister is the head of the Union government but does not have the power to remove the Chairman of a State Public Service Commission.
- President: As discussed, the President of India is vested with the constitutional authority to remove the Chairman and members of a State Public Service Commission.
- Governor: The Governor appoints the Chairman but does not have the power of removal.
- Chief Minister: The Chief Minister is the head of the state government but does not have the authority to remove the Chairman of the SPSC.
Based on the constitutional provisions regarding State Public Service Commissions, the correct authority for removing the Chairman is the President.
Revision Table: State PSC Officials
| Position | Appointed By | Removed By | Removal Procedure (if applicable) |
|---|---|---|---|
| Chairman/Member of SPSC | Governor | President | Inquiry by Supreme Court (for proved misbehavior), binding on President. Other grounds allow direct removal by President. |
Additional Information: Independence of SPSCs
The removal process highlights the independence of State Public Service Commissions. By vesting the removal power in the President (and involving the Supreme Court for misbehavior), the Constitution ensures that the Chairman and members are not easily removed by the state government for arbitrary reasons, protecting their ability to function impartially.
The conditions of service for the Chairman and members are determined by the Governor, but these cannot be varied to their disadvantage after their appointment.
A person who has held office as Chairman of a State Public Service Commission is not eligible for further employment under the Government of India or under the Government of a State.
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B. Demand for Grants - Earmarking of budgetary allocation for meeting only planned expenditure of a Ministry/Department
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Important Questions from Central Government
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ii. To introduce such resolution prior notice of 14 days is essential
iii. Such resolution should be passed by absolute majority
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2. In 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
3. As per the- existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.
Which of the statements given above is/are correct?
