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N.K.Assumi (Advocate)     06 August 2010

SPSC answerable to the Governor or State Legislature?

Under the Indian Constitutional schemes whether the State Public Service Commission is answerable to the Governor or the State Legislative Assembly? Thanking you all in advance.



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 14 Replies

Arup (UNEMPLOYED)     06 August 2010

State Legislative Assembly.

chairman appointed by the state govt.

Arup (UNEMPLOYED)     06 August 2010

the above is my guess.

please find who are the appointing authority of the chairman and other members of the board of spsc.

N.K.Assumi (Advocate)     06 August 2010

What about their removal?

N.K.Assumi (Advocate)     06 August 2010

In Holy Bible it begins with " In the beginning God created the Heaven and the Earth" So does the Constitution declared under Article 315 of the Constitution "there shall be a Public service Commission for each state" and as per the declaration of the Constitution can the Public service Commission emerged out of blues like God creating the Heaven and the Earth?


(Guest)

Dear Mr. Assumi, I am not going to join your this posting right now just I am only watching the Ld. members replies.

 

Right now I come here to say that a medal of pure gold of my heart size, you deserve collectively for your mile stone postings till now. (sorry for interuption)   


(Guest)

Enough time passed for replies on this matter.

 

SPSC is appointed by State Government, it is right.

 

Be clear that who is the State Government?  Is the CM ?  Cabinet ? Legislative Assembly ? NO !!

 

The Governor is the "State Government" subject to that the Government Govern on recommendation of Legislative Assembly.  Not the Legislature but Legislative Assembly, mean recommendation by the majority in Legislative Assembly.

 

Therefore, the SPSC is answerable to the State Government means Governor mean Legislative Assembly mean to the people of the state.  Thats why it is called the RULE OF PEOPLE and all the Public Servant are the servants of the people.

Arup (UNEMPLOYED)     07 August 2010

According to Art 316,the appointing authority for UPSC is President and spsc is Governor of the state.

According to Art 317 - removal - by president / governor.

According to Art 318 - service conditions -  ditto.

According to Art 322 - Expences - ditto.

According to Art 323 - reported to - ditto.

 According to constitution the State Public Service Commission is answerable to the Governor .

Undoubtdly constitution provides power to President / Governor to control the UPSC / SPSC.

N.K.Assumi (Advocate)     07 August 2010

What about the role of Supreme court for removal?

Arup (UNEMPLOYED)     07 August 2010

yes they have a role u/a 316, 317 read withart 145.

N.K.Assumi (Advocate)     07 August 2010

Thank you Arup sir. The Constitutional Organization  of Public Service Commission is simply enormous and their relationship with various Constitutional functionaries is simply supreb; that is from the President of India, Governor of  a state, the Supreme Court, Parliament and the Legislature all have a role to play to make it effective Constitutional Organizations, and no single Constitutional functionaries can dictate the Commission: truly a sign of great wisdom of the founding fathers of the Constitution. Our Commission is even better off than the service commission in UK and USA. But the dream of the founding fathers on the Commission very much depends on the Laws that Govern and guide the Commission or else there are chances of some Constitutional functionaries to dictate the Commission defeating the very purpose of the Constitution for which it was created.


(Guest)

 

UPSC AND SPSCs

ARE

EQUALLY CORRUPT


(Guest)

IN FACT THE UPSC AND SPSCs ARE MOTHERs WHICH GIVES BIRTH TO CORRUPTION

Arup (UNEMPLOYED)     07 August 2010

mr assumi,

fully agreed with you.

 

ram ji,

perhaps you are right.

punjab and harayana best example of it.

N.K.Assumi (Advocate)     08 August 2010

What is the position of Mr.Sidhu Punjab SPSC, is he stil in custody or on bail or discharged from the case?


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