Swami Sadashiva Brahmendra Sar (Nil) 11 July 2009

Competent authority to remove a Member of PSC

Dear friends,

Under Art.316 of the constitution, appointing authority for members of UPPSC is the President of India and for Members of State PSC the Governor. For removal of members of both UPSC and State PSC Art 317(1) provides for making a reference by the President to the supreme court and remove the member if the Supreme court advises so.

My doubt is Whether the Governor is not competent to remove a Member of State PSC ?

and whether the president is bound to accept the advise of the supreme court ?or whether inquiry by any other agency be conducted even after reference is answered by the Supreme court?

I’ll be obliged if the position is clarified by this forum.

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2 Replies

N.K.Assumi (Advocate) 11 July 2009

Dear Dr. Tripathi, the provisions of provisio (b) to Article 316 and the word "only" in Article 317 make it clear that the power to remove a public service commission has been vested exclusively in the President. That is how I read the two provisions.

Shree. ( Advocate.) 11 July 2009

A member’s office may be terminated in any of the following ways:

By resignation in writing addressed to the Governor
By removal by the President (Article 317) - (a) If the member is adjudged insolvent; or engages himself during his term in paid employment outside the duties of his office; or is in the opinion of the President infirm in mind or body; (b) on the ground of misbehavior according to the report of the Supreme Court which shall hold an enquiry on this matter on a reference being made by the President.

Thus, even in the case of a State Commission, it is only the President who can make a reference to the Supreme Court and make an order of removal in pursuance of the report of the Supreme Court. The Governor has only the power to pass an interim order of suspension pending the final order of the President on receipt of the report of the Supreme Court [Art. 317(1)-(2)].

If a member’s term comes to an end while a reference under Art. 317(1) is pending in the Supreme Court the reference does not become in fructuous and the court must answer it.

A member shall be deemed to be guilty of misbehavior- (i) if he in any way concerned or interested in any contract made on behalf of the Government of India or of a State; or (ii) if he participates in any way in the profit of such contract or such agreement or in any benefit there from otherwise than as a member and in common with other members of an incorporated company [Art. 317(4)].