Insights Static Quiz -149, 2018 –Polity Rights and Issues

Answer – B

• Constitution makes a provision for the establishment of a Joint State Public Service Commission (JSPSC) for two or more states. While the UPSC and the SPSC are created directly by the Constitution, a JSPSC can be created by an act of Parliament on the request of the state legislatures concerned. Hence statement 1 is incorrect
• The chairman and members of a JSPSC are appointed by the president. They hold office for a term of six years or until they attain the age of 62 years, whichever is earlier. Hence statement 2 is correct

Answer – A

• The entire expense including the salaries, allowances and pensions of the chairman and members of a SPSC are charged on the consolidated fund of the state. Thus, they are not subject to vote of the state legislature. Hence statement 1 is correct.
• The chairman of a SPSC (on ceasing to hold office) is eligible for appointment as the chairman or a member of the UPSC or as the chairman of any other SPSC, but not for any other employment under the Government of India or a state. The chairman or a member of a SPSC is (after having completed his first term) not eligible for reappointment to that office (that is, not eligible for second term). Hence statement 2 is incorrect.

Answer – B

• President can remove a member under the following circumstances:

• • If he is adjudged an insolvent (i.e., has gone bankrupt). Hence statement 2 is correct.
  • If he engages, during his term of office, in any paid employment outside the duties of his office. Hence statement 3 is correct.
  • If he is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body.

• In addition to these, the president can also remove the chairman or any other member of SPSC for misbehaviour. However, in this case, the president has to refer the matter to the Supreme Court for an enquiry.
• Constitution has also defined the term ‘misbehaviour’ in this context. The Constitution states that the chairman or any other member of a SPSC is deemed to be guilty of misbehaviour, if he

• • is concerned or interested in any contract or agreement made by the Government of India or the government of a state. Hence both statement 1 is incorrect.
  • participates in any way in the profit of such contract or agreement or in any benefit therefrom otherwise than as a member and in common with other members of an incorporated company.

Answer – A

• Although the chairman and members of a SPSC are appointed by the governor, they can be removed only by the president (and not by the governor). The president can remove them on the same grounds and in the same manner as he can remove a chairman or a member of the UPSC. Hence option A is correct.

Answer – D

• A State Public Service Commission consists of a chairman and other members appointed by the governor of the state. The Constitution does not specify the strength of the Commission but has left the
  matter to the discretion of the Governor. Hence statement 1 is incorrect.
• Further, no qualifications are prescribed for the commission’s membership except that one-half of the members of the commission should be such persons who have held office for at least ten years either under the government of India or under the Government of a state. Hence statement 2 is incorrect.
• The Constitution also authorises the governor to determine the conditions of service of the chairman and members of the Commission.