Q81 · UPPSC Prelims 2021 · Set D · General Studies

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A member of State Public Service Commission may be removed by

A The Governor on the basis of impeachment in Vidhan Sabha
B The Governor, after the enquiry conducted by the Supreme Court
C The President, after the enquiry conducted by the Supreme Court
D The Governor, after the enquiry conducted by the High Court

Correct answer: (c) The President, after the enquiry conducted by the Supreme Court

Explanation

  1. A

    The Governor on the basis of impeachment in Vidhan Sabha

    The Governor cannot remove a State Public Service Commission member on the basis of impeachment in the Vidhan Sabha. Removal of PSC members is not a legislative impeachment process like that for a President or a judge. This option is not the key.

  2. B

    The Governor, after the enquiry conducted by the Supreme Court

    The Governor, after a Supreme Court enquiry, is the wrong removing authority. Enquiry by the Supreme Court is the right process, but the order of removal is made by the President. This option is therefore wrong.

  3. C

    The President, after the enquiry conducted by the Supreme Court

    The President, after the enquiry conducted by the Supreme Court, is the official key. Under Article 317 a Chairman or member of a Public Service Commission may be removed by the President on the ground of misbehaviour after the Supreme Court, on a reference by the President, has enquired and reported that the person ought to be removed. The same clause covers a State Commission member. Hence (c) is correct.

  4. D

    The Governor, after the enquiry conducted by the High Court

    The Governor after a High Court enquiry has no such role. Neither the removing authority nor the enquiring court matches Article 317. This option is not the key.

Summary. Official key is (c) The President, after the enquiry conducted by the Supreme Court. Article 317 governs removal of UPSC and SPSC members for misbehaviour. The President refers the case to the Supreme Court and, if the Court so reports, removes the member. The Governor appoints SPSC members but does not remove them in this manner. Vidhan Sabha impeachment and High Court enquiry are not the route. Only (c) is correct.