A member of a State Public Service Commission can be removed from office by which authority?
- A.The Governor of the state
- B.The President of India
- C.The Chief Minister of the state
- D.The state legislature by a special majority
Correct answer
Explanation
The correct answer is B, the President of India. Under Article 317, the chairman or any other member of a Public Service Commission, including a State Public Service Commission, can be removed from office only by an order of the President on the ground of misbehaviour, and only after the Supreme Court has held an inquiry on a reference made by the President and has reported that the member ought to be removed.
Option A is the trap, because the Governor appoints the chairman and members of a state commission under Article 316 and may suspend a member while a reference is pending; the power to appoint, however, does not carry the power to remove, and this split is the whole point of the provision, which protects the independence of the commission. Option C is wrong because the Chief Minister has no role in the matter at all. Option D is wrong because a resolution of the state legislature is not required; Parliament is involved in the removal of judges, not of commission members. Note also that a member may resign by writing to the Governor, since he made the appointment.
Read the full article: Allahabad High Court, UPPSC and UP State Commissions
Practice Questions
View allWhich is the oldest High Court in India?
- A.Calcutta High Court
- B.Bombay High Court
- C.Allahabad High Court
- D.Madras High Court
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It was inaugurated on 17 March 1866 as the High Court for the North-Western Provinces at Agra, and it is the oldest High Court in the country in continuous existence under that description.
Read the full explanation →In which year was the Allahabad High Court inaugurated?
- A.1861
- B.1866
- C.1869
- D.1919
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The court was inaugurated on 17 March 1866 at Agra as the High Court for the North-Western Provinces, under the authority of the Indian High Courts Act, 1861.
Read the full explanation →The Chief Court of Oudh at Lucknow was amalgamated with the Allahabad High Court in which year?
- A.1935
- B.1948
- C.1950
- D.2000
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The United Provinces High Courts (Amalgamation) Order took effect on 26 July 1948 and merged the Chief Court of Oudh, which sat at Lucknow, into the Allahabad High Court.
Read the full explanation →What is the age of retirement of a judge of a High Court in India?
- A.60 years
- B.62 years
- C.65 years
- D.70 years
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Article 217(1) of the Constitution says that a judge of a High Court shall hold office until he attains the age of sixty-two years.
Read the full explanation →Before whom does a judge of a High Court take the oath of office?
- A.The President of India
- B.The Chief Justice of India
- C.The Governor of the state
- D.The Chief Justice of that High Court
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Article 219 says that every person appointed to be a judge of a High Court shall, before he enters upon his office, make and subscribe an oath or affirmation before the Governor of the state, or some person appointed in that behalf by him, in the form set out in…
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