Karnataka HC quashes Governor's suspension of KPSC Chief, citing lack of Cabinet aid and advice
Worth reading — 1 past UPSC question on this theme (Mains GS-2 2018).
2-minute summary
The Karnataka High Court set aside the Karnataka Governor's order suspending Shivashankarappa S. Sahukar, Chairperson of the Karnataka Public Service Commission (KPSC). The High Court ruled that the suspension was illegal because the Governor acted unilaterally without the mandatory 'aid and advice' of the Council of Ministers under Article 163 of the Constitution. The Governor had suspended the Chairperson over allegations of nepotism and conflict of interest regarding the recruitment of his two daughters as Industrial Extension Officers through KPSC. Additionally, the President of India had referred the matter to the Supreme Court for an inquiry under Article 317(1). While reinstating the Chairperson, the High Court barred him from participating in any official decisions concerning his daughters' recruitment. Importantly, the Court clarified the scope of Article 317(2), upholding the constitutional principle that discretionary powers of the Governor are limited, and statutory/constitutional executive actions generally require ministerial advice.
Why it's in the news
The Karnataka High Court quashed the Governor's suspension of the KPSC Chairperson, ruling that the Governor cannot exercise suspension powers under Article 317(2) without the aid and advice of the State Cabinet.
Background and context
State Public Service Commissions (SPSCs) are constitutional bodies established under Part XIV (Articles 315–323) of the Indian Constitution to ensure merit-based, impartial recruitment to state civil services. To guarantee their independence from political interference, the Constitution provides stringent safeguards for the appointment, tenure, and removal of SPSC members. While the Governor appoints the chairperson and members, they can only be removed by the President of India on the grounds of misbehaviour following an inquiry and report by the Supreme Court under Article 317(1). Pending such a reference and inquiry, the Governor has the power to suspend the chairperson or member under Article 317(2). However, whether the Governor can exercise this suspension power at personal discretion or strictly on the aid and advice of the Council of Ministers has been a key subject of constitutional interpretation.
Constitutional provisions
- Article 163 — Provides for a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except where he is required to act in his discretion.
- Article 316 — Deals with the appointment and term of office of members of the Union Public Service Commission and State Public Service Commissions.
- Article 317(1) — Provides that the Chairman or any other member of a Public Service Commission can only be removed from office by order of the President on the ground of misbehaviour after the Supreme Court, on reference being made to it by the President, reports that the person ought to be removed.
- Article 317(2) — Empowers the Governor (in the case of a State Commission) to suspend the Chairman or member in respect of whom a reference has been made to the Supreme Court until the President passes orders on receipt of the Supreme Court's report.
Committees and reports
- Sarkaria Commission on Centre-State Relations — Emphasized that the Governor's discretionary powers under Article 163 are extremely limited and must not be used to bypass the elected Council of Ministers.
- Punchhi Commission on Centre-State Relations — Reiterated that the Governor should act on the aid and advice of the Council of Ministers in all executive matters unless explicit constitutional discretion is granted.
Previous UPSC questions on this theme
- Mains GS-2 2018 — Whether the Supreme Court Judgement (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine.
Mains practice: Examine the constitutional procedure for the removal and suspension of the Chairperson of a State Public Service Commission under Article 317. To what extent does the Governor possess discretionary powers in this regard?
State Public Service Commissions (SPSCs) under Part XIV of the Constitution are mandated to ensure merit-based recruitment. To safeguard their autonomy, the Constitution lays down a rigorous mechanism for removal and suspension under Article 317.
• **Removal Procedure (Article 317(1)):**
- Although appointed by the Governor (Article 316), the Chairman/members of an SPSC can only be removed by the President of India.
- On grounds of misbehaviour, the President must make a reference to the Supreme Court.
- An inquiry is held by the Supreme Court, and its advice is binding on the President.
- Under Article 317(3), the President can also remove them directly if adjudged insolvent, engaging in paid employment, or unfit due to infirmity of mind/body.
• **Power of Suspension (Article 317(2)):**
- The Governor is empowered to suspend the Chairman or a member of an SPSC against whom a reference has been made to the Supreme Court, pending the President's final order.
• **Scope of Governor's Discretion:**
- Under Article 163, the Governor must act on the 'aid and advice' of the Council of Ministers except in matters explicitly left to constitutional discretion.
- As reaffirmed by the Karnataka High Court, the power to suspend an SPSC Chairperson under Article 317(2) is an executive function requiring prior aid and advice of the State Cabinet, not an unfettered personal prerogative.
- The Governor cannot bypass the elected executive unless expressly permitted by the Constitution.
Thus, the constitutional framework balances the institutional independence of SPSCs from state-level executive malice via Presidential removal, while circumscribing gubernatorial overreach by tying executive suspension to ministerial aid and advice.
Prelims practice questions
Q1. With reference to the State Public Service Commission (SPSC), consider the following statements: 1. The Chairman and members of an SPSC are appointed by the Governor of the State. 2. The Chairman of an SPSC can only be removed from office by the President of India. 3. The Governor has the unilateral discretionary power to suspend an SPSC member without the aid and advice of the Council of Ministers. Which of the statements given above is/are correct?
- 1 and 2 only
- 2 and 3 only
- 1 only
- 1, 2 and 3
Answer: A. Statements 1 and 2 are correct: Under Article 316, the Governor appoints the Chairman/members, but under Article 317, only the President can remove them. Statement 3 is incorrect: The Governor's executive powers under Article 317(2) generally require the aid and advice of the Council of Ministers as per Article 163.
Q2. Under Article 317(1) of the Indian Constitution, on the ground of misbehaviour, the President can remove the Chairman of a State Public Service Commission only after an inquiry by:
- The Central Vigilance Commission
- The Supreme Court of India
- A committee constituted by the Governor
- The High Court of the concerned State
Answer: B. Article 317(1) specifies that removal on grounds of misbehaviour can occur only after the Supreme Court, on a reference made by the President, holds an inquiry and recommends removal.
Q3. Which of the following provisions ensures the independence of the State Public Service Commission (SPSC)? 1. Expenses of the SPSC are charged on the Consolidated Fund of the State. 2. The Chairman of an SPSC is eligible for appointment as the Chairman of UPSC. 3. The conditions of service of a member cannot be varied to their disadvantage after appointment. Select the correct answer using the code given below:
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
Answer: D. All three provisions are constitutional safeguards (Articles 318, 319, and 322) designed to ensure the independence and impartiality of the SPSC.
Revision flashcards
- Who has the power to appoint and remove the Chairman and members of a State Public Service Commission (SPSC)? Appointment is made by the Governor (Article 316), but removal can be done only by the President of India (Article 317).
- What is the procedure for removal of an SPSC Chairperson on grounds of misbehaviour? The President refers the matter to the Supreme Court under Article 317(1). If the Supreme Court upholds the charge after an inquiry, the President can order removal. The advice of the Supreme Court is binding.
- Who has the power to suspend an SPSC member pending a Supreme Court inquiry under Article 317? The Governor of the State has the power to suspend the Chairperson or member under Article 317(2).
- Can the Governor suspend an SPSC Chairperson without the aid and advice of the Council of Ministers? No. Under Article 163, the Governor is bound by the aid and advice of the Council of Ministers unless explicit constitutional discretion is provided.
- Where are the expenses and salaries of the SPSC charged? They are charged on the Consolidated Fund of the State (Article 322) and are non-votable by the State Legislature.