Kerala PSC in focus as government weighs options if President accepts Governor’s recommendation

New Delhi: Even as a decision is awaited from the President of India on the Governor’s recommendation to remove the chairman and 15 members of the Kerala Public Service Commission (PSC), all eyes are on how the government will avert disruption to the Commission’s functioning if the move goes through.

A reading of the constitutional provisions governing the powers of Governors and state public service commissions, along with the Supreme Court’s interpretations, suggests that a Governor should recommend the removal of a PSC chairman or member only on the advice of the state cabinet. Although the Governor acted otherwise in this case, the state government has raised no objection, effectively endorsing the move.

Lok Bhavan sources maintain that the Governor recommended the removal of the PSC leadership after complaints against the Commission were brought to the state government’s notice but elicited no appropriate action. The move was also based on legal advice from Delhi. The possibility that the state government was aware of these developments too cannot be ruled out.

The next step rests with the President, who must be satisfied that there is prima facie ground to refer the matter to the Supreme Court for an inquiry. Once the reference is made, the Governor can suspend the chairman and members pending the court’s decision. The Supreme Court has explained that such suspension is intended to “preserve public confidence in the impartial and honest functioning of the PSC”.

This, however, raises a further constitutional question: would the Governor need the Council of Ministers’ advice to order the suspension? If the cabinet refuses to recommend such a move, a suspension ordered without its advice could, in that case, be less vulnerable to legal challenge.

There have been earlier instances of PSC chairmen and some or all members being suspended in other states. If only some members are suspended, the commission can continue functioning by assigning the chairman’s responsibilities to one of the remaining members. In Kerala, however, the possibility of both the chairman and all sitting members being suspended must be considered. Article 315(4) of the Constitution provides a way to address a resulting paralysis: the Governor may request the UPSC to meet the state’s needs, subject to the President’s approval.

This could serve as an interim arrangement until the Supreme Court submits its report and the President takes a decision based on it. However, the Governor cannot invoke this provision on his own; the advice of the Council of Ministers would be required. If the cabinet recommends bringing the UPSC in to handle the state’s requirements, the move could trigger political controversy. Another option is to fill the five vacancies currently existing in the PSC, which could help prevent a disruption in its functioning. The steps the Governor and the state government take to facilitate these appointments will now be closely watched.

PSC members grilled for second day
Meanwhile, the Crime Branch has stepped up its probe into irregularities in the Planning Board chief examination, questioning two PSC members for the second consecutive day and registering two more cases over alleged recruitment fraud.PSC members S Sreekumar and Stany Thomas were questioned at the Crime Branch headquarters on Tuesday, while PSC chairman M R Baiju is scheduled to appear for questioning at 2.30 pm on Wednesday. Member C K Shajib did not appear on Tuesday because of scheduled interviews.

During questioning, the members maintained that their role was limited to serving on interview panels and that they had no knowledge of the examination evaluation process. They told investigators that the chairman, secretary and examination controller were directly involved in examinations, the probe team said.

Meanwhile, PSC secretary Saju George denied reports that he had told the Governor during a meeting that there was a lack of unity among commission members. The Crime Branch has also registered two more cases over alleged recruitment irregularities involving appointments to the posts of Fisheries Extension Officer in the Fisheries Department and Village Oil Inspector in the Khadi Board.