UPSC vs SPSC :::: M LAXMIKANTH

The constitutiona visualises the UPSC/SPSC to the "Watchdog of merit system" in India/State.

COMPOSITION	UPSC	SPSC
Appointment	Chairmen + Members = by President	Chairmen + Members= by Governor
Strength	Discretion of President	Discretion of Govenor
Qualification	No qualification for membership But 50% of the member = must have hel office for 10 years under GOI or State gov.	No qualification for membership But 50% of the member = must have hel office for 10 years under GOI or State gov.
Service condition	Constitution authorizes President to determine for both(Chairmen + Members)	Constitution authorizes Governor to determine for both(Chairmen + Members)
Tenure	For both Chairmen+Members = min of 6 years/ 65 year age	For both Chairmen+Members = min of 6 years/ 62 year age
Acting Chairmen	Appointed by President out of any members for temporary(till chairmen resumes work).	Appointed by Governor out of any members for temporary(till chairmen resumes work).
Condition @Acting Chairmen	1)When office of chairmen= vacant. 2)when chairmen is not performing his duty= Absence or other reasons.	1)When office of chairmen= vacant. 2)when chairmen is not performing his duty= Absence or other reasons.

REMOVAL	UPSC	SPSC
By President	Both Chairmen+ Member are removed by President	Both Chairmen+ Member are removed by President (Although appointed by Governor)
Condition	1) does paid employment during term. 2)Unfit by body or mind(Biological +Psychological)	1) does paid employment during term. 2)Unfit by body or mind(Biological +Psychological) (blind are included for state professors as per SC ruling)
By SC	On the Ground of Misbehavior.	On the Ground of Misbehavior.
	SC does enquiry	SC does enquiry
	SC advice is binding on President	SC advice is binding on President
	During the Enquiry of SC….President can Suspend them.	During the Enquiry of SC….President can Suspend them.
Misbehavior	As per SC= vested interest in gov contracts.	As per SC= vested interest in gov contracts.

INDEPENDENCE	UPSC	SPSC
Security of Tenure	President can remove only as per provisions of constution.	Same
Service condition	determined by President But cant be changed after appointment.	determined by Governor But cant be changed after appointment.
Entire expanses	Salary+allowances+Pensions= Charged on Consolidated fund of India	Salary+allowances+Pensions= Charged on Consolidated fund of State
Reappointment of Chairmen	Chairmen Not eligible for further employment in GOI. (SC ruled that office of  Governor is a constutional office and not an employment under GOI. True for SPSC)	Chairmen of SPSC(on cease to hold office) can be appointed as : 1)Chairmen/member of UPSC 2)Chairmen of other SPSC but not for any other employment under GOI or state gov.
Reappointment of Members	Members of UPSC(on cease to hold office) can be appointed as : 1)Chairmen of UPSC 2)Chairmen of other SPSC but not for any other employment under GOI or state gov.	Members of SPSC(on cease to hold office) can be appointed as : 1)Chairmen/member of UPSC 2)Chairmen of that or other SPSC but not for any other employment under GOI or state gov.
Chairmen	Not eligible for 2nd term to exact same post.	Same
Members	Not eligible for 2nd term to exact same post.	Same

Function	UPSC	SPSC
Exams	For Central sercices + Public service of centrally Administered territory(ex-UT)	Services of State government
Consulted for (not mendatory to accept the advice of UPSC/SPSC)	1)All matters @ recruitment of (Civil cervises + Civil posts). 2)Principles for= appoint for Civil services + Promotion + transfer from one service to another. 3)Disciplinary action against serving civil servent. (Read the footnote below table.....CVC role and priority order) 4)Reimbursement of legal expenses instituted against him in respect of act done in official duty. 5)claim for award of pension….if injured while serving. 6)any other matter related to Personnel management.	Same (Read the footnote below table.....CVC role and priority order)
Consulted for (only UPSC) (not mendatory to accept the advice of UPSC/SPSC)	1)Temporary appointment==for a period extending for more then 1 year(for less then one year, UPSC is not consulted) + regularization of appointment. 2)Granting extension of service + re-employment = retired civil servants.	------Nil------
Check & Balance	1)UPSC presents an “Annual report” to the President on its performance. 2)President places the “report” along with a “Memorandum” before Parliament. 3)Memorandum = Cases where advice of the commission was not accepted + Reason. 4)cases of non-acceptance must be approved by “Appointment committee” of Union Cabinet. Therefore individual ministry/Department can not reject the advice of UPSC	)UPSC presents an “Annual report” to the Governor on its performance. 2)Governor places the “report” along with a “Memorandum” before State legislature. 3)Memorandum = Cases where advice of the commission was not accepted + Reason.
Jurisdiction	Can be extended by “an act made by parliament”.	Can be extended by “an act made by State Legislature”.

Footnote:
--emergence of CVC/SVC affected the role of UPSC/SPSC.--Both are consulted @ Disciplinary action against Civil servent.--In case of conflict UPSC's/SPSC's advice has more weightage  then CVC/SVC as former is both independent and constitutional body .......while CVC/SVC is created by an executive resolution.

LIMITATION	UPSC	SPSC
Backward class	Appointment of Backward class	Same
SC/ST	Appointment of SC/ST	Same
Tribunal	Cant advise for it constitution(ex-Chairmen, members etc)	Same* (not written any things)
Other services	Post of highest diplomatic nature + “Group C” and “D”	Same* (not written any things)
Note	President can change the jurisdiction. These regulations by President should be laid before parliament atleast 14 days before. Parliament can amend or repeal them.	Governor can change the jurisdiction. These regulations by Governor should be laid before parliament atleast 14 days before. Parliament can amend or repeal them.

Joint public service commission:
--Constution allows.
--if more then One state requests, Parliament can create “Joint State Public Service Commission”.
--appointed + removed by President
--Report + memorandum presented in the state legislature of all member state.
--Condition of service= like UPSC= determined by President.

--UPSC can also serve the same purpose for willing state……………..if governor requests and President approves the same.


History:
--Government of India Act 1919 = Central Public Service Commission.----setup=1926= recruited Civil servent.
--Government of India Act 1935= Federal Public Service Commission + Provincial Public Service Commission + Joint Public Service Commission.