The State Public Service Commission is also a constitutional body. There is a State Public Service Commission in every state. The same set of Articles (i.e., 315 to 323) of the Constitution also deal with the composition, appointment and removal of members, power and functions and independence of a State Public Service Commission.
- The composition of the State Public Service Commission is similar to that of the Union Public Service Commission.
- The members of the State Public Service Commission are nominated by the Governor.
The functions of both the Commissions are also similar. Only the jurisdiction of the Union Public Service Commission is far wider than that of the State Public Service Commission. The jurisdiction of the Union Public Service Commission extends across the entire length and breadth of the country because it is related to the Civil Service of the Union Government. The Jurisdiction of the State Public Service Commission is limited within the State.
Powers, Functions, and Responsibilities of State Public Service Commission
A State Public Service Commission performs all those functions in respect of the state services as the UPSC does in relation to the Central services:
- It conducts examinations for appointments to the services of the state.
- It is consulted on the following matters related to personnel management.
- All matters relating to 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 another.
- The suitability of candidates for appointments to civil services and posts for promotions and transfers from one service to another, and appointments by transfer or deputation. The concerned departments make recommendations for promotions and request the SPSC to ratify them.
The Supreme Court has held that if the government fails to consult the State Public Service Commission in these matters, the aggrieved public servant has no remedy in a court. In other words, the court held that any irregularity in consultation with the State Public Service Commission or acting without consultation does not invalidate the decision of the government.
Thus, the provision is directory and not mandatory. Similarly, the court held that a selection by the SPSC does not confer any right to the post upon the candidate. However, the government is to act fairly and without arbitrariness.
The additional functions relating to the services of the state can be conferred on State Public Service Commission by the state legislature. It can also place the personnel system of any local authority, corporate body or public institution within the jurisdiction of the SPSC. Hence the jurisdiction of SPSC can be extended by an Act made by the state legislature.
The State Public Service Commission presents, annually, to the governor a report on its performance. The governor places this report before both the Houses of the state legislature, along with a memorandum explaining the cases where the advice of the Commission was not accepted and the reasons for such non-acceptance.