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Constitutional Provisions · Part 2

Chapter 6: 6 · POLITICAL SCIENCE

(and not by the governor). The president can remove them on the same grounds and in the same manner as he can remove a chairman or a member of the UPSC. Thus, he can remove him under the following circumstances: a) If he is adjudged an insolvent (i.e., has gone bankrupt); or b) If he engages, during his term of office, in any paid employment outside the duties of his office; or c) If he is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body. In addition to these, the president can also remove the chairman or any other member of State Public Service Commission for misbehavior.

However, in this case, the president has to refer the matter to the Supreme Court for an enquiry. If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, the president can remove the chairman or a member. Under the provisions of the Constitution, the advice tendered by the Supreme Court in this regard is binding on the president. However, during the course of enquiry by the Supreme Court, the governor can suspend the concerned chairman or member, pending the final removal order of the president on receipt of the report of the Supreme Court.

Further, the Constitution has also defined the term ‘misbehaviour’ in this context. The Constitution states that the chairman or any other member of a State Public Service Commission is deemed to be guilty of misbehavior if he (a) is ( concerned or interested in any contract or agreement made by the Government of India or the government of a state, or (b) participates in any way in the profit of such contract or agreement or in any benefit there from otherwise than as a member and in common with other members of an incorporated company. Independence As in the case of UPSC, the Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of a State Public Service Commission: a) The chairman

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