Supreme Court Issues Notice on BPSC Chairman’s Appointment

Supreme Court Issues Notice on BPSC Chairman’s Appointment

Sub: Polity

Sec: National Body

Context: A petition was filed in the Supreme Court challenging the appointment of Ravi Manubhai Parmar as Chairman of the Bihar Public Service Commission (BPSC).

Arguments by the Petitioner

• Advocate Brajesh Singh, the petitioner, sought the declaration of the appointment as “illegal and void.”
• He contended that the appointment violated Article 316 of the Constitution, which implies that only individuals with “impeccable integrity” should be appointed as Chairman or Members of Public Service Commissions.
• Mr. Singh pointed out that Mr. Parmar was accused in a vigilance case concerning corruption in the Bihar Mahadalit Vikas Mission,which is still pending
• The petitioner argued that appointing an individual with criminal antecedents as BPSC Chairman undermines the integrity of the selection process.

Supreme Court’s Observations and Actions

• The court appointed advocate Vanshaja Shukla as amicus curiae to assist in the case.
• The Supreme Court issued a formal notice to the State of Bihar seeking its response.

About amicus curiae

The Hon’ble High court of Delhi also defined the term of Amicus Curiae “Translated from the Latin as ‘friend of the Court’. An advocate appears in this capacity when asked to help with the case by the Court or on volunteering services to the Court.”

Appointment of Chairman and Members of State Public Service Commission (SPSC)

Constitutional Provisions

• The appointment of the Chairman and Members of the State Public Service Commission (SPSC) is governed by Article 316 of the Indian Constitution.
• The Governor of the state appoints the Chairman and members of the SPSC.
• The term of office is six years or until the age of 62, whichever is earlier.

Eligibility and Conditions

• The Constitution does not explicitly prescribe qualifications, but it is implied that appointees must have “impeccable integrity and credibility.”
• At least one-half of the members should have held office for at least 10 years under the government.

Removal from Office

As per Article 317, a member can be removed by the President of India on the following basis:

• is adjudged an insolvent
• engages during his term of office in any paid employment outside the duties of his office
• is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.

However, the power to suspend the chairman or members of the State Public Service Commission lies with the Governor. (Article 317(2)).