Context: Recently Rajasthan government appointed 3 members in State Public Service Commission.
Constitutional provisions:
- Article 315 of Constitution provides that there shall be a Public Service Commission for the Union and a Public Service Commission for each of the state.
Appointment:
- Article 316 deals with appointment of members, which shall be appointed by the Governor o State in case of State Public Service Commission.
- Strength: Constitution does not specify the strength of commission.
- No qualifications are prescribed for the members, except one half of the members should have held office under Union or State Government for at least 10 years.
- Conditions of service are determined by the Governor of State.
- Tenure: Chairman and Members hold office for 6 years or up to 62 years of age.
- They can relinquish the office by addressing resignation to the Governor of State.
Removal:
- Article 317 deals with the removal and suspension of a member of Public Service Commission.
- Only by President: Although appointed by Governor, they can be removed only by President.
- Grounds of removal are, being adjudged insolvent or
- Engaging in paid employment outside the duties of his office, or
- Unfit to continue office by the reason of infirmity of mind or body, or
- Misbehavior, however in this case, President has to refer the matter to supreme court for enquiry.
- Constitution has defined misbehavior in this context, it involves-
(a) Being concerned or interested in any contract or agreement made by the Government of India or state.
(b) Participates in any way in the profit of such contract or agreement.
