The Government of India Act, 1935 provided for the establishment of the Public Service Commission at the Provincial level known as the State Public Service Commission and the constitution of India gave it a constitutional status as autonomous bodies. The State Public Service Commissions were constituted under the provisions of the Constitution of India
Composition State Public Service Commission (SPSC)
A State Public Service Commission (SPSC) comprises of a chairman and other members appointed by the governor of the state. One half of the appointed members of the commission should have held office for at least ten years either under the government of India or under the government of a state. The constitution has not specified the strength of the commission. The governor is empowered to determine the number of members as well as staff of the commission and their conditions of service.
The governor can appoint one of the members of the SPSC as an acting chairman if:
(i) The office of the chairman of the commission becomes vacant; or
(ii) The chairman of the commission is unable to perform the duties of his office due to absence or for any other reason.
Such member functions as an acting chairman till a person appointed as chairman enters on the duties of the office or till the chairman resumes his duties, as the case may be.
The chairman and members of the SPSC hold office for a term of six years or until they attain the age of 62 years, whichever is earlier. The members can resign in between the term by addressing their resignation to the governor.
Duties and Functions
The duties and functions of the SPSC are follows:
(i) It conducts examinations for appointments to the services of the state.
(ii) It is consulted on the matters below:
(a) All matters relating to methods of recruitment to civil services and for civil posts.
(b) The principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers.
(c) All disciplinary matters affecting a person serving under the Government of India in a civil capacity, including memorials or petitions relating to such matters.
(d) Any claim of costs incurred by a civil servant in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his official duty.
(e) Any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government of India and any question as to the amount of any such award.
(f) Any matter related to personnel management.
(g) It presents annually to the governor a report as to the work done by the commission.
The state legislature can confer additional functions to the SPSC relating to the services of the state. It can also extend the function of the SPSC by placing the personnel system of any local authority or other body corporate constituted by law or of any public institution under it.
The annual report of the SPSC regarding its performance is submitted to the governor. The governor then gets this report laid before the state legislature, together with a memorandum explaining the cases where the advice of the commission was not accepted and the reason for such non acceptance.