State Public Service Commission

Article 315-323  deal with the composition, appointment, removal and powers and functions of  State recruiting agency  which is the State Public Service Commission of India.

 

It is an independent Constitutional Body.

Composition

Chairman of the Commission and other members as the Governor decides from time to time. They are all appointed by the Governor himself. Half of the members should have held office under GOI or State Government for atleast ten years.

The terms and conditions of service of all of the mentioned above are decided by the Governor  himself.

The Governor also appoints a member as Acting Chairman who shall act as Chairman in case the office falls vacant and in case the Chairman is absent or ill.

Salaries, Allowances and other prerequisites of Chairman and other members

These are charged from Consolidated Fund of State.

Term of Office    

6 yrs or 62 years of age whichever is earlier. They can resign at any time addressing their resignation to the Governor , or can also be removed at any time.

Removal  of Chairman or member of Commission

1. If he is insolvent or bankrupt
2. If he holds some employment other than office of Commission
3. If he has unsound mind or unfit body
4.  Incase of misbehavior like corruption or in case of interest in any contract made by government, President refers the matter to Supreme Court and if Supreme Court advises to remove him/ her, then only President can remove him/ her. During enquiry he/ she can be suspended. Though appointed by Governor, they are removed by President.

Independence of Office

Chairman  can be removed by the President in the manner mentioned in the Constitution. Secondly, the service conditions cannot be varied to his disadvantage after his appointment. The Chairman can be appointed as Chairman of UPSC or any other SPSCcannot  be appointed further for any other employment by Central or State government. A member of SPSC is eligible for appointment as the Chairman or member of UPSC or Chairman of any other State Public Service Commission or Chairman of same SPSC but not for any other employment under Central and State Government. The members or Chairman after completing their first term cannot apply for the same office for second term. but

Powers and Functions

1.      Conduction of exams for State services 

2.      Consulted by government regarding

1. 1. a.     Methods of recruitment to above stated services
   2. b.     Principles to be followed during recruitment, promotions and transfer of such services
   3. c.        Suitability of the candidates for recruitment, transfers and promotions in such services
   4. d.     Disciplinary matters including censure or severe disapproval, withholding of increments and promotions, demotions, compulsory retirement, removal from service etc.
   5. e.      Any claims for pensions due to injuries sustained while working under Government of State
   6. f.          Any claims of legal expenses in legal cases concerning his duties
   7. g.     Any other matter related to personnel management of any local authority, corporate body etc. can be conferred on the SPSC by Parliament
   8. h.     SPSC is also consulted by Governor alongwith the High Court while making rules for appointments in Judicial services.

If government acts without consultation, the decision of the government is still validated. Consultation is not mandatory.

Every year, a report is presented by SPSC to the Governor  regarding its performance. The Governor  presents the report before both the Houses of the Legislature  alongwith a memorandum explaining reasons for not accepting the advice of the Commission.

Limitations-

Functions not under the jurisdiction of SPSC:

1. 1.      Reservations for posts of SCs and STs
2. 2.      Claims of SCs and STs to services and posts

The Governor can make regulations in respect to State  services, regarding matters in which SPSC is not to be consulted. These regulations should be placed before State Legislature for atleast 14 days. The State Legislature can amend or repeal them.

Role

SPSC is a watchdog of the merit system in state. It advices government regarding recruitment, promotion and disciplinary matters regarding state services. It is not concerned with the classification of services, pay and service conditions and training which are handled by Department of Personnel  or the General Administration Department. The role is not only limited, but the recommendations are also just advisory in nature. Even the government can regulate the scope of advisory functions of SPSC.

The emergence of State Vigilance Commission in 1964 has affected the role of SPSC in disciplinary matters. Both are consulted by the government while taking disciplinary action against a civil servant. However, SPSC being an independent body has an edge over SVC .

Joint State Public Service Commission

If State Legislatures of 2 or more states request the Parliament for JSPSC, then Parliament can create this by an Act. However JSPSC is a statutory and not a constitutional body.

Chairman and members of this Commission are appointed by President for 6 years or until they attain 62 yrs of age whichever is earlier. They can be suspended or removed by President. They can resign at any time and write resignation letters to President. The number of members and conditions of service are determined by President. The annual performance report is placed before all State Governors who place them before the respective Legislatures.

The UPSC can also serve the needs of the State on the request of Governor and by the permission of the President.

Union Public Service Commission

Article 315-323 deal with the composition, appointment, removal and powers and functions of Central recruiting agency which is the Union Public Service Commission of India.

It is an independent Constitutional Body.

Composition

Chairman of the Commission and other members as the President decides from time to time. They are all appointed by the President himself. The President generally appoints nine to eleven members including the Chairman. Half of the members should have held office under GOI or State Government for atleast ten years.

The terms and conditions of service of all of the mentioned above are decided by the President himself.

The President also appoints a member as Acting Chairman who shall act as Chairman in case the office falls vacant and in case the Chairman is absent or ill.

Salaries, Allowances and other prerequisites of Chairman and other members
These are charged from Consolidated Fund of India.

Term of Office
6 yrs or 65 years of age whichever is earlier. They can resign at any time addressing their resignation to the President , or can also be removed at any time.

Removal of Chairman or member of Commission
1. If he is insolvent or bankrupt
2. If he holds some employment other than office of Commission
3. If he has unsound mind or unfit body
4. Incase of misbehavior like corruption or in case of interest in any contract made by government, President refers the matter to Supreme Court and if Supreme Court advises to remove him/ her, then only President can remove him/ her. During enquiry he/ she can be suspended.

Independence of Office
Chairman can be removed by the President in the manner mentioned in the Constitution. Secondly, the service conditions cannot be varied to his disadvantage after his appointment. The Chairman cannot be appointed further for any employment by Central or State government. A member of UPSC is eligible for appointment as the Chairman of UPSC or State Public Service Commission but not for any other employment under Central and State Government. The members or Chairman after completing their first term cannot apply for the same office for second term.

Powers and Functions
1. Conduction of exams for All India services, Central services and public services of centrally administered territories
2. If two or more states request to hold Joint Public Service Exam, it assists them in doing so
3. Serves all need of States on request of Governor and with the permission of President
4. Consulted by government regarding
a. Methods of recruitment to above stated services
b. Principles to be followed during recruitment, promotions and transfer of such services
c. Suitability of the candidates for recruitment, transfers and promotions in such services
d. Disciplinary matters including censure or severe disapproval, withholding of increments and promotions, demotions, compulsory retirement, removal from service etc.
e. Any claims for pensions due to injuries sustained while working under Government of India
f. Any claims of legal expenses in legal cases concerning his duties
g. Matters of temporary appointments more than a year
h. Matters of granting extension of civil service and re-employment of retired civil servants
i. Any other matter related to personnel management of any authority, corporate body etc. can be conferred on the UPSC by Parliament
If government acts without consultation, the decision of the government is still validated. Consultation is not mandatory.
Every year, a report is presented by UPSC to the President regarding its performance. The President presents the report before both the Houses of the Parliament alongwith a memorandum explaining reasons for not accepting the advice of the Commission. All such cases must be approved by the Appointment Committee of the Union Cabinet.

Limitations-
Functions not under the jurisdiction of UPSC:
1. Reservations for posts of SCs and STs
2. Claims of SCs and STs to services and posts
3. Selection for posts of group B and C services, highest diplomats etc.
4. Temporary appointments for less than a year.

The President can make regulations in respect to Central services and All India services, regarding matters in which UPSC is not to be consulted. These regulations should be placed before Parliament for atleast 14 days. The Parliament can amend or repeal them.

Role

 
UPSC is a watchdog of the merit system in India. It advices government regarding recruitment, promotion and disciplinary matters regarding group A and B services. It is not concerned with the classification of services, pay and service conditions and training which are handled by Department of Personnel and Training of Ministry of Personnel, Public Grievances and Pensions.

The role is not only limited, but the recommendations are also just advisory in nature. Even the government can regulate the scope of advisory functions of UPSC.

The emergence of Central Vigilance Commission in 1964 has affected the role of UPSC in disciplinary matters. Both are consulted by the government while taking disciplinary action against a civil servant. However, UPSC being an independent body has an edge over CVC which got statutory status in 2003.

National Commission for Scheduled Castes

National commission for SCs is a constitutional body as provided by Article 338 of the Constitution. Article 338 provides for a Commissioner for SCs and STs who would investigate matters related to safeguarding the interests of SCs and STs.

65th Constitutional Amendment Act,1990 provided for establishment of multimember National Commission in place of single Commissioner for SCs and STs.

89th Constitutional Amendment Act,2003 bifurcated the Commission into National Commission for SCs u/a 338 and National Commission for STs u/a 338

(a). The National Commission for SCs came into existence in 2004.
It consists of a Chairperson, Vice Chairperson and three other members. They are appointed by the President and their conditions of service and tenure of office are also determined by him. Functions of the Commission-

1. Investigate and monitor matters relating to safeguarding interests of SCs, OBCs and Anglo Indians.

2. Enquire into complaints made by SCs, OBCs and Anglo Indians regarding lack of rights.

3. Advice on socio- economic development of SCs,OBCs and Anglo Indians and look after progress of their development.

4. Present reports to President annually and at other times if necessary about the safeguards.

5. Recommend measures to be taken by government for protection, welfare and socio economic development of SCs, OBCs and Anglo Indians.

6. If President specifies any other functions related to protection, welfare and socio economic development of SCs, OBCs and Anglo Indians.

  Report of Commission

The Commission submits the annual report to President who presents it before both the Houses of the Parliament, alongwith a memorandum explaining actions taken on the recommendations and reasons for non acceptance of any recommendations. In case the report pertains to State Government, he forwards it to respective Governor of the State who presents it before the State Legislature alongwith a memorandum explaining actions taken on recommendations and reasons for not accepting any recommendations.

  Powers of the Commission
The Commission regulates its own procedure. While investigating complaints, it gets power of a civil court in following matters-
1. Summoning any person of India and examining him on oath
2. Requiring production of any document
3. Requisitioning any public record from a court or office
4. Receiving evidences on affidavits
5. Summoning anyone in order to examine witnesses and documents
6. Any other matter which President determines

On all policies affecting SCs, OBCs and Anglo Indians, the Central and State governments should consult the Commission.

Salaries Of Constitutional Officers In India

Salaries Of Constitutional Officers In India
President of India	1,50,000/-
Vice-President of India	1,25,000/-
Governor of State	1,10,000/-
Chief Justice of Supreme Court	1,00,000/-
Supreme Court Judge	90,000/-
Chief Justice of High Court	90,000/-
High Court Judge	80,000/-

Attorney General of India

Attorney General of India

                                                     Important Points

• The First Attorney General Was M.C Setavad at the time when India got Independence and Jawaharlal Nehru was our Prime Minister. 
• Salary of Advocate General of India: 90,000 per month
• The First Solicitor General of India was C.K Daphtary
• Article 76 - Attorney General of India is the Indian government's chief legal advisor, and its primary lawyer in the Supreme Court of India.

The Attorney General for India is appointed by the President of India under Article 76(1) of the Constitution of India and holds office during the pleasure of the President. He must be a person qualified to be appointed as a Judge of the Supreme Court.

The Attorney General is responsible for giving advice to the Government of India upon such legal matters and to perform such other duties of legal character as may be referred or assigned to him by the President. The Attorney General has the right of audience in all Courts in India as well as the right to participate in the proceedings of the Parliament, though not to vote. The Attorney General appears on behalf of Government of India in all cases(including suits, appeals and other proceedings) in the Supreme Court in which Government of India is concerned. He also represents the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution.

 

The Attorney General is assisted by a Solicitor General and four Additional Solicitors General. The Attorney General is to be consulted only in legal matters of real importance and only after the Ministry of Law has been consulted. All references to the Attorney General are made by the Ministry of Law.

Restrictions on Attorney General of India

• The Attorney General can accept briefs but cannot appear against the Government.
• He cannot defend an accused in the criminal proceedings and accept the directorship of a company without the permission of the Government.
• The Attorney General of India does not have any executive authority, and is not a political appointee; those functions are performed by the Law Minister of India.
• The Attorney General of India, like an Advocate General of a State is not supposed to be a political appointee, in spirit, but this is not the case in practice. Every time a party comes to power in the general elections, in India, all the law officers resign, and law officers loyal to the new party are appointed.

Solicitor General of India

• The Solicitor General for India is subordinate to the Attorney General of India. The Solicitor General for India is the second law officer of the country, assists the Attorney General, and is himself assisted by four Additional Solicitors General for India.
• Unlike the Attorney General, Solicitor General does not tender legal advice to the Government of India. His workload is confined to appear in courts on behalf of the union of India.

What is the difference between an Attorney General and Solicitor General of India?

• The Solicitor General of India is subordinate to the Attorney General for India.
• The Solicitor General of India is appointed for the period of 3 years. The Solicitor General of India is the secondary law officer of the country, assists the Attorney General, and is himself assisted by several Additional Solicitors General of India.
• Like the Attorney General for India, the Solicitor General and the Additional Solicitors General advise the Government and appear on behalf of the Union of India.
• The posts of the Solicitor General and the Additional Solicitors General are merely statutory, while Attorney General for India is a Constitutional post.

What is the difference between Attorney General  and Advocate General in Indian Constitution?

• Attorney General belongs to Central Government and is appointed by President on recommendation of COM of Centre. He is assisted by Solicitor Generals.
• Advocate General of State belongs to State Government alone and looks after Law matters relating to that particular State Government. He is appointed by Governor of that State on Advice of COM of that State.
• Both are constitutional Posts.

Important Questions asked in Various Exams on Indian Constitution in this Section:

Advocate General of State

• Remuneration Not fixed by Constitution, but receives the Pay as per fixation by Government.
• Appointed by Governor on the Advice of COM of state and also Submits resignation to Governor.
• He gets dissolved with dissolving of Government.
• The Advocate General is the first law officer of a State.
• His office and functions are comparable to that of the Attorney General of India.
• Appointed by the Governor and holds the office during his pleasure.
• His remunerations are also determined by the Governor.
• To be appointed to the office of the Advocate-General, he/she must be qualified to be a Judge of the High Court.
• He has the right to attend and speak in the proceedings of either Houses of the State Legislature without any right to vote.
• He has the right of audience in any Court in the State.
• Article 165 - Each State shall have a Advocate General.
• Article 177 - Right of Audience in State Legislature and its committees but no right to vote.
• Article 194 - Rights, Privileges and Immunities of Advocate General of India which are available to State Legislature Members.

Indian Constitution Borrowed Features