UPPSC 2021 Prelims GS Paper-I · Question 99 of 150

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).

• (a)The Governor on the basis of impeachment in Vidhan Sabha — 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)The Governor, after the enquiry conducted by the Supreme Court — Wrong — the enquiry is indeed conducted by the Supreme Court, but the removing authority is the President, not the Governor.
• (d)The Governor, after the enquiry conducted by the High Court — 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).

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.

The reliable discriminator is: enquiry = Supreme Court, remover = President (for both the UPSC and the State PSCs). The distractors swap in the Governor or the High Court to tempt those who reason 'State body, so State authority'. But the Constitution centralises removal with the President precisely to shield State PSCs from local political pressure. Fix 'President + Supreme Court' and option (c) follows.

• Article 317: the Chairman and members of the UPSC and State PSCs are removable only by the President.
• On a misbehaviour charge, the President refers the case to the Supreme Court, which holds the enquiry; removal needs the Court's report against the member.
• A State PSC member is appointed by the Governor, but can be removed only by the President — not the Governor.
• The President may suspend the member pending the Supreme Court's inquiry, and may also remove for insolvency, infirmity of mind/body, or paid outside employment.
• Tenure: a State PSC member holds office for 6 years or until age 62, whichever is earlier (for the UPSC it is 6 years or age 65).

• Thinking a State PSC member is removed by the Governor because the Governor appoints him — removal is by the President
• Substituting the High Court for the Supreme Court as the enquiry authority under Article 317

UPSC and UPPSC test Articles 316-317 as direct factual MCQs on who appoints, who removes, and the tenure of PSC members — the classic traps are Governor-vs-President and High Court-vs-Supreme Court.

No directly related past PYQ was found.

• practice — not a real PYQ

  Under Article 317, on a charge of misbehaviour, a member of a State Public Service Commission is removed by the President only after an enquiry conducted by:

  • (a)The High Court
  • (b)The State Legislative Assembly
  • (c)The Supreme Court
  • (d)The Governor

  Answer(c) The Supreme Court — it holds the enquiry on a reference by the President before removal under Article 317.

• practice — not a real PYQ

  A member of a State Public Service Commission is appointed by ____ but can be removed only by ____.

  • (a)the Governor; the President
  • (b)the President; the Governor
  • (c)the Governor; the Governor
  • (d)the President; the President

  Answer(a) the Governor; the President — appointed by the Governor, but removable only by the President (Articles 316-317).