Consider the following statements about the removal of members of Public Service Commissions: 1. They are removed by the President on the recommendation of the Prime Minister. 2. Their removal or suspension is subject to an inquiry made by a judge of the Supreme Court. 3. They hold office for a fixed term. Which of the statements given above is/are correct?

Correct Option The correct option is 2 and 3 only. Explanation The removal of members of the Union Public Service Commission (UPSC) and State Public Service Commissions (SPSC) is governed by Article 317 of the Constitution of India. This provision ensures the independence and security of tenure for the members of these constitutional bodies. Statement-wise Analysis - Statement 1 is Incorrect. Members of a Public Service Commission are not removed on the recommendation of the Prime Minister. They can only be removed by an order of the President. For the ground of "misbehaviour," the President must refer the matter to the Supreme Court for an inquiry. - Statement 2 is Correct. In cases involving charges of misbehaviour, the removal is subject to a mandatory inquiry by the Supreme Court. The President refers the matter to the Supreme Court, which conducts an inquiry in accordance with the procedure prescribed under Article 145. If the Court upholds the cause of removal, the President can issue the removal order. Note that for other grounds like insolvency or paid employment outside office, the President can remove them without an SC inquiry. - Statement 3 is Correct. Members of the Public Service Commissions hold office for a fixed term. - UPSC: A term of 6 years or until the age of 65 years, whichever is earlier. - SPSC: A term of 6 years or until the age of 62 years, whichever is earlier. Key Takeaway Key Takeaway: The removal of Public Service Commission members on the ground of misbehaviour requires a mandatory inquiry and report by the Supreme Court, making the process judicial and binding on the President, unlike the removal of ministers which is political.

Consider the following statements about the removal of members of… - NCERT Class 11 Political Science MCQ

NCERT Class 11 Political Science — Chapter 5: Executive

mcqmedium

Consider the following statements about the removal of members of Public Service Commissions:

They are removed by the President on the recommendation of the Prime Minister.
Their removal or suspension is subject to an inquiry made by a judge of the Supreme Court.
They hold office for a fixed term.

Which of the statements given above is/are correct?

NCERT textbook question

From NCERT Political Science: Indian Constitution at Work · Page 95

Options

A2 and 3 only
B1 and 3 only
C1, 2 and 3
D1 and 2 only

Did you get this right?

Solution

Correct Option

The correct option is 2 and 3 only.

Explanation

The removal of members of the Union Public Service Commission (UPSC) and State Public Service Commissions (SPSC) is governed by Article 317 of the Constitution of India. This provision ensures the independence and security of tenure for the members of these constitutional bodies.

Statement-wise Analysis

Statement 1 is Incorrect. Members of a Public Service Commission are not removed on the recommendation of the Prime Minister. They can only be removed by an order of the President. For the ground of "misbehaviour," the President must refer the matter to the Supreme Court for an inquiry.
Statement 2 is Correct. In cases involving charges of misbehaviour, the removal is subject to a mandatory inquiry by the Supreme Court. The President refers the matter to the Supreme Court, which conducts an inquiry in accordance with the procedure prescribed under Article 145. If the Court upholds the cause of removal, the President can issue the removal order. Note that for other grounds like insolvency or paid employment outside office, the President can remove them without an SC inquiry.
Statement 3 is Correct. Members of the Public Service Commissions hold office for a fixed term.
- UPSC: A term of 6 years or until the age of 65 years, whichever is earlier.
- SPSC: A term of 6 years or until the age of 62 years, whichever is earlier.

Key Takeaway

Key Takeaway: The removal of Public Service Commission members on the ground of misbehaviour requires a mandatory inquiry and report by the Supreme Court, making the process judicial and binding on the President, unlike the removal of ministers which is political.

Your note

More from Chapter 5: Executive

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