JAGTIV · Previous Year Questions

UPPSC

POLITY · 2021

Previous Year Question

A member of State Public Service Commission may be removed by

A.

The Governor on the basis of impeachment in Vidhan Sabha

B.

The Governor, after the enquiry conducted by the Supreme Court

C.

The President, after the enquiry conducted by the Supreme Court

D.

The Governor, after the enquiry conducted by the High Court

Correct Answer: C

Detailed Solution

Under Article 317(1) of the Constitution, the Chairman or any other Member of a Public Service Commission may be removed on the ground of misbehaviour only by the President. The President refers the matter to the Supreme Court, which conducts an inquiry and reports whether the concerned member ought to be removed.

This provision applies to a State Public Service Commission as well. Therefore, although the Chairman and Members of a State PSC are appointed by the Governor, it does not follow that the Governor also possesses the final removal power. In cases of misbehaviour, the final removal order is made by the President.

Under Article 317(2), while a reference is pending before the Supreme Court, the Governor may suspend the Chairman or a Member of a State Public Service Commission, but final removal is made by the President. Thus, it is important to distinguish between suspension and removal authority.

Further, Article 317(3) gives the President separate removal power in specified circumstances, such as where a member is adjudged insolvent, engages in paid employment outside the duties of office during the term, or becomes unfit to continue due to mental or physical infirmity.

Thus, the key association is—Article 317 → Supreme Court inquiry → President removes; in a State PSC, the Governor may only suspend in the specified situation.

Continue practicing free PYQs with your JAGTIV account.