Key Points:
- Removal by President: The President can remove the chairman or any member of a State Public Service Commission on grounds of:
- Misbehavior
- Incapacity
- Failure to discharge the duties diligently and efficiently
- Conditions for Removal: Before removing the chairman or a member, the President must consult the Chief Justice of India.
- If the chairman is to be removed, the President must also consult the Governor of the state concerned.
- If a member is to be removed, the President must consult the chairman of the commission.
- Reasons for Removal: The reasons for the removal must be communicated to the person in question.
- The person is entitled to an opportunity to defend himself or herself against the allegations.
- If the person is unable to satisfy the President, the President can remove them from office.
- Protection against Arbitrary Removal: The Constitution provides safeguards to protect the members of the State Public Service Commission from arbitrary removal.
- The power of removal can only be exercised on the specified grounds and after following the due process.
- Significance of Article 400: Article 400 ensures that the State Public Service Commissions remain independent and impartial in their functioning. It prevents political interference and ensures that only competent and qualified individuals hold these positions.