How is Chairman/member of SPSC removed?

Q.  Which of the following is/are true regarding SPSC?

1) Governor can only remove member of the SPSC and not the Chairman.
2) In case of removal of SPSC member on grounds of misbehavior, an enquiry by Supreme Court is a must.

- Published on 14 Mar 17

a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2

ANSWER: Only 2
    Only the President can remove the chairman or any other member of SPSC from the office under the below mentioned circumstances -

    (a) if he is adjudged an insolvent (that is, has gone bankrupt); or

    (b) if he engages, during his term of office, in any paid employment outside the duties of his office; or

    (c) if he is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.

  • Though the Governor appoints them, only President can remove them.

  • This is similar to removal of Chairman or member of UPSC.

  • President can remove the chairman or any other member of SPSC for misbehavior, but, in that scenario, he has to refer the matter to the Supreme Court for an enquiry.

  • If the Supreme Court, on enquiry, finds the person guilty and advises the same, the President can remove the Chairman or a member.

  • The advice given by the Supreme Court in this regard is binding on the President.

  • During the course of enquiry by the Supreme Court, the president can suspend the chairman or the member of UPSC.

  • The Constitution states that the chairman or any other member of the SPSC is deemed to be guilty of misbehavior if he/she -

    (a) is concerned or interested in any contract or agreement made by the Government of India or the government of a state; or

    (b) participates in any way in the profit of such contract or agreement or in any benefit there from otherwise than as a member and in common with other members of an incorporated company.

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