Civil servants are the torchbearers of Government policies and for the purpose of selecting meritorious and able administrators at the state level, the Constitution has provided for the State Public Service Commission (SPSC) under (Article 315-323).

Composition of State Public Service Commission

State Public Service commission comprises a Chairman and other members. The Constitution does not specify the strength of Commission but has left the matter to the discretion of the Governor.

Appointment of State Public Service Commission

The Governor of the state is responsible for appointing the Chairman and other members. There are no specific qualifications required for membership on the Commission, except that at least half of the members must have served for a minimum of ten years, either under the Government of India or the state government. The Constitution stipulates that the Governor will determine the service conditions for both the members and the chairman.

Tenure of State Public Service Commission

The Chairman and members serve a term of six years or until they reach the age of 62, whichever comes first. (The 41st amendment act of 1976 increased the retirement age to 62 years from the previous age of 60 years.) 

The Chairman and members may resign from their positions at any time by submitting their resignation to the Governor.

Acting Chairman of the State Public Service Commission

In specific situations, the Governor can appoint one of the members of the State Public Service Commission (SPSC) as an acting chairman:

• When the chairman’s position is vacant.
• When the chairman is unable to perform his functions due to absence or other reasons.

Removal of State Public Service Commission

Although the Governor is responsible for the appointment of the chairman and members, the authority to remove them lies with the President.

Following are the grounds of removal:

• If he/she is adjudged as an insolvent.
• If he/she engages in any paid employment outside his/her office duties during his/her term of office.
• If he/she is unfit to continue in office by reason of infirmity of mind or body in the opinion of the President. 

Furthermore, the President can dismiss the chairman or any SPSC member for misconduct. In such cases, the matter must be referred to the Supreme Court of India for investigation, and the Supreme Court’s recommendation is obligatory for the President.

The Constitution has also defined the term misbehaviour in this context, it states that chairman or any other member of a SPSC is deemed to be guilty of misbehaviour, if he/she:

• Is concerned or interested in any contract or agreement made by the government of India or state or
• Participates in any way in the profit of such contract or agreement.

Functions of the State Public Service Commission

To carry out efficient recruitment and management in relation to civil services of the state government, the Constitution has conferred several functions on the SPSC under Article 320:

• Conducting examinations: The SPSC is tasked with conducting various examinations for state government service appointments.

• Consultative functions related to personnel management: Other than recruitment, the SPSC is also entrusted with assessment work related to personnel management of the state.

• • All matters related to methods of recruitment to civil services and for civil posts and principles to be followed while making such appointments (review of recruitment rules).
  • The suitability of candidates for appointments to civil services; for promotions, transfers from one service to another; and appointments by transfers and deputation.
  • All disciplinary matters affecting a person employed under the government of the state in a civil capacity (such as compulsory retirement, removal and dismissal from service etc.)
  • Any claim of costs incurred by a civil servant in defending legal proceedings instituted against him in respect of acts done in the execution of his official duty. 
  • The SPSC is consulted by the Governor along with the State High Court while framing rules for appointment to judicial service of the state other than the post of district judges.
• Annual report : Each year, the SPSC submits a performance report to the Governor, who, in turn, presents it to both houses of the State Legislature. A supplementary memorandum is also provided, detailing instances where the commission’s advice was not adopted and the reasons for such decisions.
• Conferment of additional functions: The State Legislature may assign additional responsibilities related to state services to the SPSC through legislation. 

Independence and Tenure of State Public Service Commission

• Security of tenure: Security of tenure ensures that the Chairman and members of the SPSC can only be removed from their positions by the President and solely for the reasons outlined in the Constitution.
• Conditions of service: While the Governor determines the conditions of service for the Chairman and members, these conditions cannot be altered to their disadvantage post-appointment.
• Charged expenditure: All costs associated with the Chairman and members of the SPSC, including salaries, benefits, and pensions, are charged to the Consolidated Fund of the State, meaning they do not require State Legislature approval.
• Further employment: Upon completing their tenure, the SPSC Chairman is eligible for positions as Chairman or member of the UPSC or as Chairman of any other SPSC, but not for any other roles with the Government of India or any state government. 
  • Similarly, upon leaving office, a member of the SPSC can be appointed as Chairman or member of the UPSC or as Chairman of their own SPSC or any other SPSC, but cannot take on other roles with the Government of India or any state government. 
  • The Chairman or member of a SPSC after having completed their first term is not eligible for re-appointment to the same post (i.e. not eligible for second term).

Challenges of State Public Service Commission

• Lack of independence: Despite being recognized as an independent constitutional body, there have been cases of executive interference in its operations. This affects their impartiality and objectivity in the selection process. Lack of independence can be primarily attributed to the fact that appointments to the commission is entirely a prerogative of the executive.
• Corruption: Corruption presents a significant challenge for the SPSC, with accusations of bribery and favoritism in the recruitment processes, undermining merit and fairness. For example, the former chairman of the Assam Public Service Commission was arrested in 2016 due to bribery allegations. The Vyapam Scam in public recruitment in Madhya Pradesh has also dented the image of state public service commission.
• Resistance to change: There is often resistance to change and innovation within the recruitment process, contributing to a lack of transparency and fairness in the examination conduct. For instance, the decision of the Maharashtra State Public Service Commission to implement descriptive papers in the state civil services mains examination was overturned by the Maharashtra government.
• Administrative challenges: Lack of manpower, lack of modern technologies and poor management practices hampers the smooth functioning of SPSCs. Inadequate financial resources also hinder the SPSC’s efficiency and ability to perform its duties effectively. For instance, lack of effective oversight mechanisms with the aid of technology has resulted in events of paper leakings. For instance, the Bihar Public Service Commission had to cancel the Bihar state civil services examination in 2022 due to a paper leak situation.
• Delays in recruitment process: The recruitment processes conducted by SPSCs are often time consuming and plagued by delays. This undermines their credibility and affects the morale of the candidates. For instance, the Madhya Pradesh Public Service Commission has not announced final results for state civil services examinations conducted since 2018.

Conclusion

The State Public Service Commission plays a crucial role in ensuring that talented and versatile individuals are selected for public service roles within the government. Thus, it is essential that they remain free from political pressures and influences. Public Service Commissions should ensure time bound execution of job notifications and maintain transparency, integrity and credibility in the entire cycle of recruitment process.