Polity
Removal of State Public Service Commission Chairpersons
Why in news
- A recommendation seeking the removal of the Kerala Public Service Commission chairperson over alleged recruitment irregularities has raised questions about the constitutional procedure.
- An investigation or recommendation does not establish misconduct or itself remove a constitutional office-holder.
Constitutional safeguards
| Provision | What it provides |
|---|---|
| Article 315 | It provides for Public Service Commissions for the Union and the States. |
| Article 316 | The Governor appoints a State Commission’s chairperson and members. They hold office for six years or until age 62, whichever is earlier. |
| Article 317 | The President has the power to remove a Commission’s chairperson or member, including those of a State Commission. |
| Article 322 | A State Commission’s expenses are charged on the State’s Consolidated Fund, supporting its independence. |
How removal works
- For alleged misbehaviour, the President refers the matter to the Supreme Court. Removal on this ground requires an inquiry and a report that the person ought to be removed.
- After the reference to the Supreme Court, the Governor may suspend the State Commission office-holder until the President passes the final order.
- The President can remove a member without this inquiry if the person is adjudged insolvent, engages in paid employment outside the duties of office during the term, or is considered unfit to continue because of infirmity of mind or body.
- The Governor’s power to appoint does not include an independent power to remove the chairperson.
Significance
- These safeguards balance accountability with protection from political pressure in public recruitment.
- Removing an individual office-holder is different from abolishing a constitutional Public Service Commission.

