Joint Public Service Commission

Indian Polity

Chapter 27: Joint Public Service Commission

Joint Public Service Commission:

• The Joint Public Service Commission is created by the parliament through a legislation (law).
• The JPSC is a statutory body.

What Is A Statutory Body?

• The body that is created by an act of Parliament.

Composition:

• There is a chairman for JPSC.
• There are other members for JPSC.

Qualifications:

• The qualifications of Chairman and members are not specified in the Constitution.
• But, at least half the members of the commission must have had 10 years of service under the Government of India or under Government of a State.

Appointment:

• The Chairman and the members of JPSC are appointed by the President of India.

Strength:

• The strength of JPSC is decided by the President.

Term:

• The Chairman and members of the JPSC hold office for a term of 6 years or until they attain the age of 62 years whichever is earlier.

Resignation:

• The Chairman and members of JPSC submit the resignation to the President.

Report Of JPSC:

• The JPSC submits the annual report to the Governor of the concerned state.
• The report of JPSC is not submitted to the President).
• The Governor places the report of JPSC before the concerned State Legislature and is discussed.

Removal:

• The Chairman and members of JPSC are removed by the President. (Not by the Governor).
• The President can remove the chairman or any other member of JPSC if
• The Chairman or member is adjusted as an insolvent (or)
• The chairman or member engages during the term of office in any paid employment outside the duties of office (or)
• The chairman or member, in the opinion of the President is unfit to continue in office by reason of infirmity of mind or body.

Removal On The Grounds Of Misbehavior:
What is misbehavior?

• If the Chairman or member of JPSC is concerned or interested in any contract or agreement made by the government of India or government of a state (or)
• If the Chairman or member of SPSC participates in any way in the profit of such contract or agreement or in any benefit there from otherwise than as a member and in common with other members of an incorporated company.
• The President can also remove the Chairman or a member of SPSC for misbehavior.
• In the case of misbehavior the President has to refer the matter to the Supreme Court for an enquiry.
• If the Supreme Court upholds the cause of removal and advises so then the President can remove the Chairman or member of SPSC.
• The advice tendered (given) by the Supreme Court is binding on the President.
• During the course of enquiry the President can suspend the Chairman or member pending the receipt of the report of the Supreme Court.

The Cahirman Of Spsc After Retirement:

• The Chairman of SPSC after retirement cannot be reappointed as the Chairman of the same SPSC.
• The Chairman of SPSC after retirement can be appointed as
• The Chairman of UPSC
• A member of UPSC
• The Chairman of other SPSC
• The Chairman of Joint Public Service Commission (JPSC).

A Member Of Spsc After Retirement:

• A member of SPSC after retirement cannot be reappointed as a member in the same SPSC.
• A member of SPSC can be appointed as
• The Chairman of same SPSC.
• The Chairman of other SPSC.
• The Chairman of other Joint Public Service Commission
• The Chairman of other UPSC.
• A member of other SPSC.
• A member of other Joint Public Service Commission.
• A member of UPSC.

Functions Of SPSC:

• The SPSC conducts the examinations for appointments to the services of the state.
• The SPSC is consulted on various matters related to
• All matters relating to the methods of recruitment to civil services and for civil posts.
• The principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to the other.

Recommendations:

• The recommendations of SPSC are not binding, they are advisory.

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