BPSC APPOINTMENT: POLITY

BPSC APPOINTMENT: POLITY

NEWS: SC appoints amicus, issues notice in plea challenging Bihar PSC Chairman

 

WHAT’S IN THE NEWS?

A petition was filed in the Supreme Court challenging the appointment of Ravi Manubhai Parmar as BPSC Chairman, citing a pending vigilance case and alleged violation of Article 316 of the Constitution, which mandates appointees to have impeccable integrity. The Supreme Court has sought a response from the Bihar government and appointed an amicus curiae for assistance.

 

Key Details and Elaborate Pointers

1. The Petition and Key Arguments

  • Filed by Advocate Brajesh Singh, challenging the legality of the appointment.
  • Contention: Violation of Article 316, which implies that individuals appointed to Public Service Commissions must have “impeccable integrity.”
  • Allegation: Mr. Parmar was accused in a pending vigilance case related to corruption in the Bihar Mahadalit Vikas Mission.
  • Concern: Appointing an individual with criminal antecedents compromises the credibility of the selection process.

 

2. Supreme Court’s Actions

  • Issued notice to the Bihar government, demanding a response.
  • Appointed Vanshaja Shukla as Amicus Curiae to assist the court.

 

3. Role of Amicus Curiae

  • Definition: Latin for "friend of the court"; an advocate appointed by the court to provide independent assistance in a case.
  • Legal Precedent: The Delhi High Court has outlined the role of amicus curiae in aiding judicial proceedings.

 

4. Constitutional Provisions for Appointment of State Public Service Commission (SPSC) Members

(i) Appointment and Tenure

  • Governed by Article 316 of the Indian Constitution.
  • Governor appoints the Chairman and Members of SPSC.
  • Term: 6 years or up to 62 years of age, whichever is earlier.

(ii) Eligibility and Integrity Standards

  • No explicit qualification requirements, but integrity and credibility are fundamental.
  • At least half of the members must have held a government office for 10 years.

(iii) Removal from Office (Article 317)

  • The President can remove an SPSC member if:
  • They are adjudged insolvent.
  • They engage in paid employment outside official duties.
  • They are deemed unfit due to mental or physical infirmity.
  • The Governor has the power to suspend a Chairman or member (Article 317(2)).

 

Source: https://www.thehindu.com/news/national/sc-appoints-amicus-issues-notice-in-plea-challenging-bihar-psc-chairman/article69175082.ece