Each state has its own Public Service Commission with functions similar to the UPSC.
The State Public Service Commissions were constituted under the provisions of the Constitution of India.
Composition of State Public Service Commission
The Constitution stipulates that the Governor determines the number of members of the Commission.
At least half of the members of Commission are persons with a minimum of ten years of experience under the central or a state government.
The chairman and members of the Commission hold office for a term of six years or until they attain the age of 62 years, whichever is earlier.
Though the Governor is the appointing authority members can be removed only by the President.
Conditions of service of the members are determined by the Governor but the Constitution stipulates that these shall not be revised to their disadvantage.
Implicit in the foregoing are certain safeguards to ensure the Commission’s independence.
A member of a state public service commission on retirement or otherwise can be appointed as chairman or member of UPSC or as chairman of that or any other state service commission.
As in the case of UPSC, the state public service commission submits its annual report to the Governor.
The Governor goes through the report to be placed before the state legislature along with the cases in which the government has not accepted the advice of the Commission.
In such cases, the government has to record the reasons for non-acceptance or rejection of the recommendations.
The state public service commission performs the same functions in regard to its respective states public services as are performed by the Union Public Service Commission in regard to the Union Government.
A Joint Public Service Commission
Two or more states may agree that there should be one public service commission for them.
If a resolution to that effect is passed by the House or by each house of the legislature (where there are two houses) of the respective states.
Parliament may by law provide for the appointment of a Joint State Public Service Commission to serve the needs of those states.
The chairman and other members of this joint commission are also appointed by the President.
Functions of the State Public Service Commissions
The major functions of the State Public Service Commissions are:
To conduct examinations and recruitment for appointments to the services of the States.
To advise on methods of recruitment to various Civil Services of the States.
Advise on principles to be followed in making appointments to civil services of the States and granting promotions, transfers from one service to another, and the suitability of candidates for such appointments, promotions, and transfers.
Advice on all disciplinary matters affecting the government servants.
The functions of the Commission are varied from State to State as per requirement.
Independence of State Public Service Commission
The following constitutional provisions are intended to make the commission independent of any external influence:
[a] Members are appointed for a fixed tenure of six years or until the attainment of sixty-two years of age.
[b] The conditions of service of a member cannot be changed to his/her disadvantage during his tenure of office.
[c] The removal of a member can take place by an order of the President on certain specific grounds in consultation of the Supreme Court.
[d] The expenses of the commission are charged on the Consolidated Fund of India.
[e] All regulations to be issued by the government excluding any matter from the purview of the commission will have to be laid before the Parliament or the state legislature for such modification as it may deem fit to make.
The chairman or a member of an SPSC is (after having completed his first term) not eligible for reappointment to that office (that is, not eligible for the second term).
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