The Maharashtra Public Service Commission

Aspirants spend years preparing for the examinations of the Maharashtra Public Service Commission, yet many know surprisingly little about the Commission itself. That is a missed opportunity. Questions on State Public Service Commissions — their appointment, removal, independence and functions — appear in both Prelims and Mains, and the interview board may well ask you about the institution you hope to serve under.

The constitutional basis

Public Service Commissions are provided for in Part XIV of the Constitution, Articles 315 to 323. The same articles cover the UPSC and State PSCs, with some differences.

The Maharashtra Public Service Commission was constituted when the state was formed in 1960. Its office is in Mumbai.

Appointment and tenure (Article 316)

• The Chairman and members of a State PSC are appointed by the Governor.
• The number of members and their conditions of service are determined by the Governor (Article 318).
• As nearly as may be, half the members should be persons who have held office for at least ten years under the Government of India or a state government.
• Term: six years or until the age of 62, whichever is earlier (for the UPSC, the age limit is 65).
• A member may resign by writing to the Governor.

Removal and suspension (Article 317)

This is one of the most tested points.

• Although appointed by the Governor, a State PSC member can be removed only by the President — not by the Governor.
• Grounds:
  • misbehaviour — only after the Supreme Court, on a reference by the President, holds an inquiry and reports that the member ought to be removed;
  • insolvency;
  • engaging in paid employment outside the duties of office;
  • infirmity of mind or body, in the President's opinion.
• The Governor may suspend a member while a reference to the Supreme Court is pending.
• Being interested in a contract with the government, or sharing in its profits, is deemed misbehaviour.

Other safeguards for independence

Article 319: after leaving office

• The Chairman of a State PSC is eligible to become the Chairman or a member of the UPSC, or Chairman of another State PSC — but not for any other employment under the Government of India or a state.
• A member of a State PSC is eligible to become the Chairman or a member of the UPSC, or the Chairman of that or any other State PSC — but not for any other government employment.

Functions (Article 320)

The State PSC:

• conducts examinations for appointments to the state's services;
• is consulted on:
  • methods of recruitment;
  • principles for appointments, promotions and transfers;
  • disciplinary matters affecting civil servants;
  • claims for legal costs by civil servants;
  • claims for pensions for injuries sustained on duty.

The Governor may make regulations specifying matters on which the Commission need not be consulted. Reservation for backward classes is outside the requirement of consultation under Article 320(4).

The advice of the Commission is not binding on the government.

Reports (Article 323)

• The State PSC presents an annual report to the Governor.
• The Governor places it before the State Legislature, with a memorandum explaining cases where the Commission's advice was not accepted, and the reasons.

What MPSC does in practice

MPSC conducts a wide range of examinations, including:

• State Services (Rajyaseva) — Group A and B posts;
• Group B and Group C combined examinations for subordinate services (for example, posts such as Police Sub-Inspector, State Tax Inspector and Assistant Section Officer);
• Engineering, Agriculture and Forest services;
• Civil Judge (Junior Division) and Judicial Magistrate First Class;
• medical and other specialised posts.

In recent years, the state has also moved more categories of recruitment to MPSC to improve credibility and transparency.

Challenges and reforms

Reforms have included an annual examination calendar, online applications, publication of answer keys and marks, and the move to a UPSC-like descriptive Mains.

Practice

Prelims-style:

1. Who appoints the Chairman of the MPSC?
2. Who can remove a member of a State PSC, and on what grounds?
3. What is the retirement age of a State PSC member?
4. Where are the expenses of a State PSC charged?
5. Can a former MPSC Chairman become a UPSC member?

Mains-style:

• "The Constitution provides strong safeguards for the independence of Public Service Commissions." Examine with reference to State PSCs.
• Discuss the challenges faced by State Public Service Commissions and suggest reforms.