Consider the following statements regarding Rajasthan Public Service Commission : (i) The chairman and members of the commission are appointed by the Governor of Rajasthan. (ii) The chairman or any other member of the commission shall only be removed from his office by order of the President.
- (1)Neither (i) nor (ii) is correct.
- (2)Both (i) and (ii) are correct.
- (3)Only (ii) is correct.
- (4)Only (i) is correct.
Answer
Why
Correct — option (2), Both (i) and (ii) are correct.
Statement (i) is correct. Article 316(1) of the Constitution says the Chairman and other members of a Public Service Commission are appointed, "in the case of a State Commission, by the Governor of the State". For RPSC that is the Governor of Rajasthan.
Statement (ii) is correct. Article 317(1) says the Chairman or any other member "shall only be removed from his office by order of the President". Statement (ii) repeats those words.
Under clause (1), removal is on the ground of misbehaviour, after the Supreme Court, on a reference by the President, holds an inquiry and reports that the member ought to be removed.
Clause (3) lets the President remove a member who is adjudged an insolvent, takes paid employment outside the duties of the office, or is unfit to continue because of infirmity of mind or body. Both routes end in an order of the President.
With both statements correct, the code is option (2), Both (i) and (ii) are correct.
The idea to remember: appointed by the Governor, removed only by the President.
Why the others are wrong
- (1)Neither (i) nor (ii) is correct. — Both statements follow the Constitution's text. Article 316(1) gives the appointment of a State Commission's Chairman and members to the Governor, and Article 317(1) says they "shall only be removed" by order of the President.
Statement (i) would be wrong for a Joint State Public Service Commission, whose Chairman and members the President appoints under Article 316(1). RPSC is a State Commission.
- (3)Only (ii) is correct. — This keeps the removal rule and drops a correct appointment rule. For a State Commission such as RPSC, the Governor appoints the Chairman and members.
The President appoints only in the other two cases Article 316(1) names: the Union Public Service Commission and a Joint Commission.
- (4)Only (i) is correct. — This accepts that the Governor appoints and wrongly assumes the Governor can also remove. Article 317 puts removal with the President, under clause (1) for misbehaviour and under clause (3) for insolvency, outside paid employment or infirmity.
The Governor's power in Article 317 is in clause (2): to suspend a State Commission member while a reference against that member is before the Supreme Court.
Concept
Articles 315 to 323, in Chapter II of Part XIV of the Constitution, deal with Public Service Commissions. Article 315 provides a Commission for the Union and one for each State, and allows a Joint Commission for a group of States.
For a State Commission, the Governor appoints the Chairman and members (Article 316(1)). They hold office for six years or until age 62, whichever is earlier (Article 316(2)), and cannot be re-appointed to the same office (Article 316(3)).
Removal is kept away from the State Government. Only the President can remove a member (Article 317), and removal for misbehaviour needs a Supreme Court inquiry first.
The Governor still has duties in the process: resignations go to the Governor, and the Governor may suspend a member during a Supreme Court reference.
RPSC's 2023 Prelims syllabus lists "Rajasthan Public Service Commission, State Human Rights Commission, Lokayukt, State Election Commission, State Information Commission" among the institutions of Rajasthan.
RPSC's profile page says the Commission came into existence on 22 December 1949, when the notification under the Rajasthan Public Service Commission Ordinance, 1949 was published. It began with a Chairman and two members, and the page names the then Chief Justice of Rajasthan, Sir S. K. Ghosh, as the Chairman appointed.
The Commission sits at Ajmer. RPSC's list of past Chairpersons shows Sanjay Kumar Shrotriya as Chairman from 16 February 2022 to 1 August 2024, which covers 1 October 2023.
Under Article 323(2), RPSC presents an annual report to the Governor, who lays it before the Legislature with reasons wherever its advice was not accepted.
Key facts
- Article 316(1): the Governor appoints the Chairman and members of a State Public Service Commission; the President appoints for the Union Commission and a Joint Commission.
- Article 316(2): a State Commission member holds office for six years or until age 62, whichever is earlier.
- Article 317(1): a member shall only be removed by order of the President on the ground of misbehaviour, after a Supreme Court inquiry on the President's reference.
- Article 317(3): the President may remove a member who is adjudged an insolvent, takes outside paid employment, or is unfit through infirmity of mind or body.
- Article 317(2): the Governor may suspend a State Commission member while a reference against that member is pending before the Supreme Court.
In this table the Governor appears in every row except removal.
Study next
Common traps
- Assuming the authority that appoints also removes: the Governor appoints RPSC's members, but only the President can remove them.
- Reading every removal as needing a Supreme Court inquiry: the inquiry is required for misbehaviour under Article 317(1), not for the grounds in clause (3).
- Carrying the State rule to a Joint Commission: the President, not a Governor, appoints the Chairman and members of a Joint Commission.
A question can pair a statement on who appoints a State Commission's members with a statement on who removes them.
A question can also ask who suspends a member, to whom a member resigns, or to whom the annual report goes, since each has its own clause.
Related PYQs
UnlockIAS will link similar questions from RAS Pre 2021 and 2016 here once those papers are published on this site.
Practice
- practice — not a real PYQ
Under Article 317 of the Constitution of India, who may suspend a member of the Rajasthan Public Service Commission while a reference against that member is pending before the Supreme Court?
- (a)The President of India
- (b)The Governor of Rajasthan
- (c)The Chief Justice of India
- (d)The Chief Minister of Rajasthan
Answer(2) — Article 317(2) lets the Governor, in the case of a State Commission, suspend a member in respect of whom a reference has been made to the Supreme Court. Option (1) passes the removal order after the report; option (3) is not given the suspension power; option (4) has no role under Article 317. - practice — not a real PYQ
Consider the following statements about a member of a State Public Service Commission: (i) The member holds office for six years or until the age of 65 years, whichever is earlier. (ii) On the expiry of the term, the member is ineligible for re-appointment to that office. Which of the statements given above is/are correct?
- (a)Only (i)
- (b)Only (ii)
- (c)Both (i) and (ii)
- (d)Neither (i) nor (ii)
Answer(2) — Statement (ii) is Article 316(3). Statement (i) is wrong: 65 is the age limit for the Union Commission, while a State Commission member serves until 62 (Article 316(2)). Options (1) and (3) accept the wrong age; option (4) rejects the correct re-appointment bar.