Consider the following statements:
A member of the State Public Service. Commission can be removed only by the:
A. Governor on the ground of his misbehaviour
B. President on the ground of his infirmity of body or mind
C. Governor when such member become insolvent
D. President on the ground of misbehaviour after receiving report of the Supreme Court after due enquiry
Answer: Option D
Solution (By Examveda Team)
In the context of the Constitution of India, the correct statement regarding the removal of a member of the State Public Service Commission is provided in Option D.According to Article 317 of the Constitution of India, a member of a State Public Service Commission can be removed only by the President on the ground of misbehaviour after receiving a report of the Supreme Court following due inquiry.
The other options do not accurately reflect the process of removal of a member of the State Public Service Commission as outlined in the Indian Constitution.
Therefore, Option D: President on the ground of misbehaviour after receiving report of the Supreme Court after due enquiry is the correct statement regarding the removal of a member of the State Public Service Commission in accordance with the Constitution of India.
This Question Belongs to Law >> Constitution Of India
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Comments (2)
Chief Election Commissioner of India may be removed by
A. Resolution of cabinet by two third majority
B. Resolution of both houses
C. On recommendation of Chief Justice of India
D. None of these
The largest committee of Parliament of India is
A. Public Accounts Committee
B. Estimates Committee
C. Committee on Public Undertakings
D. Joint Parliamentary Committee
A. Only 1
B. Only 2
C. Both 1 and 2
D. Neither 1 nor 2
A. 3 months
B. 6 months
C. 6 weeks
D. 15 days
The correct answer is D. President on the ground of misbehaviour after receiving a report of the Supreme Court after due inquiry.
Explanation:
According to Article 317 of the Indian Constitution, a member of a State Public Service Commission can only be removed by the President of India, and only after the Supreme Court has conducted an inquiry and found the member guilty of misbehaviour. This means the President does not have the sole authority to remove a member; they must act based on the Supreme Court's findings.
Why other options are incorrect:
• A. Governor on the ground of his misbehaviour: While the Governor appoints members of the State Public Service Commission (SPSC), they cannot remove them. The removal power is vested in the President, as per Article 317.
• B. President on the ground of his infirmity of body or mind: While being declared insolvent or infirm of body or mind can be grounds for removal, the President can only remove a member after the Supreme Court inquiry. The infirmity of body or mind itself is not sufficient for removal without a judicial investigation.
• C. Governor when such member becomes insolvent: Insolvency is one of the grounds for removal of a member of the SPSC, but the removal can only happen after the Supreme Court inquiry. The Governor does not have the authority to remove a member based on insolvency.
Explanation