A member of State Public Service Commission may be removed by

Question

UnlockIAS · Accepted Answer

Correct — C, the President, after the enquiry conducted by the Supreme Court. Under Article 317 of the Constitution, a member (or the Chairman) of a State Public Service Commission can be removed from office only by the President of India — never by the Governor — even though it is the Governor who appoints them. On a charge of 'misbehaviour', the President must first refer the matter to the Supreme Court; the member is removed only if the Supreme Court, after an enquiry, upholds the charge and advises removal (and here the Court's advice is binding). This deliberate design — appointment by the Governor but removal reserved to the President on the Supreme Court's report — protects the Commission's independence from the State executive. Hence option (c).

Why the other options are wrong — (a) Wrong — there is no 'impeachment' of a Public Service Commission member by the State Legislative Assembly. The removal power lies with the President, not the Governor or the Vidhan Sabha.  (b) Wrong — the enquiry is indeed conducted by the Supreme Court, but the removing authority is the President, not the Governor.  (d) Wrong on both counts — under Article 317 the enquiry is by the Supreme Court (not the High Court) and the removal is by the President (not the Governor).

Concept: Article 317 governs the removal of the Chairman and members of both the UPSC and the State Public Service Commissions. Although a State PSC member is appointed by the Governor and addresses his resignation to the Governor, he can be removed only by the President. On a charge of misbehaviour, the President refers the case to the Supreme Court, and removal follows only if the Court, after enquiry, upholds the charge. This 'appoint locally, remove only by the President on the Supreme Court's advice' scheme mirrors the security of tenure given to judges and is meant to keep the Commission independent of the State government.

State PCS 2021 Q99 — Polity & Governance PYQ with Answer

State PCS 2021 Q99 — Polity & Governance PYQ with Answer