Karnataka High Court sets aside suspension of KPSC Chairperson Shivashankarappa S. Sahukar by Governor
The Karnataka High Court set aside a notification issued by the Governor on July 10 suspending Shivashankarappa S. Sahukar, Chairperson of the Karnataka Public Service Commission (KPSC)
The court held that the suspension order could not be sustained because it was not issued on the aid and advice of the state Council of Ministers, as constitutionally required
The Chairperson was directed to be reinstated within seven days, with entitlement to all consequential service and monetary benefits
The court permitted fresh action against the Chairperson on unrelated conduct-related concerns, but only if founded strictly on the Council of Ministers' aid and advice and in accordance with the constitutionally prescribed procedure
Article 317 — Removal and Suspension of a Public Service Commission Member
Article 317 lays down the procedure for removing or suspending the Chairman or a member of a Public Service Commission (Union, State, or Joint). Removal is possible only on the ground of "misbehaviour," and only after the Supreme Court, on a reference made by the President, holds an inquiry and reports that removal is warranted.
Key Details
- Removal power rests solely with the President in every case — including State Public Service Commission (SPSC) members — not with the Governor
- Pending the Supreme Court's inquiry report, the President may suspend a Union/Joint Commission member, while the Governor may suspend an SPSC member — but this suspension power is exercised on the aid and advice of the Council of Ministers, not the Governor's personal discretion
- Article 317(3) allows the President to remove a member directly, without an SC inquiry, on objective grounds such as insolvency, engaging in paid employment outside official duties, or infirmity of mind or body
- Article 316 fixes the term of PSC members at 6 years or, whichever is earlier, attainment of 65 years (Union/Joint Commission) or 62 years (State Commission, since the 41st Amendment Act, 1976)
The Governor's suspension order relied on Article 317 but bypassed the state Council of Ministers, which the High Court held made it constitutionally unsustainable — the Governor cannot exercise the suspension power at personal discretion.
Doctrine of Aid and Advice — Article 163
Article 163(1) requires the Governor to act on the aid and advice of the Council of Ministers headed by the Chief Minister, except in matters where the Constitution expressly requires the Governor to act in discretion. Article 163(2) makes the Governor's decision on whether a matter falls within discretion final, but courts can still review whether such discretion genuinely existed under the Constitution.
Key Details
- The Supreme Court in Shamsher Singh v. State of Punjab (1974) held that the Governor is bound by ministerial advice except in areas the Constitution explicitly carves out as discretionary
- Enumerated discretionary areas include reservation of bills for the President's consideration (Article 200), recommending President's Rule (Article 356), and appointment of a Chief Minister in a hung Assembly — Article 317 (PSC member suspension) is not among these
- The scope of gubernatorial discretion was further examined in Nabam Rebia and Bamang Felix v. Deputy Speaker (2016)
Because Article 317 does not list PSC-member suspension as a Governor's independent discretionary function, the Karnataka High Court held that acting without Cabinet advice rendered the suspension void, applying the general principle from Shamsher Singh.
Comparative Framework — UPSC vs. State Public Service Commissions
Public Service Commissions are constitutional bodies under Part XIV of the Constitution (Articles 315–323), designed to be insulated from day-to-day political control even though State PSC chairpersons and members are appointed by the Governor.
Key Details
- Appointment: UPSC Chairman/members by the President (Article 316); SPSC Chairman/members by the Governor
- Removal: in both cases, only the President can remove a member, and only after a Supreme Court inquiry into misbehaviour — the Governor has no removal power, only a conditional suspension power pending that inquiry
- This structure keeps the ultimate accountability of PSC members outside the control of the state executive, even though the SPSC itself functions within the state
The ruling reaffirms that a State PSC Chairperson cannot be removed or effectively suspended by unilateral gubernatorial action — the constitutional safeguard of Presidential removal (after SC inquiry) and Cabinet-advised suspension protects the institutional independence of the Commission.
- Relevant provision: Article 317 (removal/suspension of PSC members); Article 316 (appointment and term); Article 163 (aid and advice)
- Removal authority for both UPSC and SPSC members: the President, after Supreme Court inquiry into "misbehaviour"
- Suspension authority pending SC inquiry: President (Union/Joint Commission) or Governor (State Commission) — exercised on Cabinet advice
- Term of PSC members: 6 years or upon reaching 65 years (UPSC/Joint Commission) or 62 years (State Commission), whichever is earlier
- Age limit for State Commission raised from 60 to 62 years by the 41st Amendment Act, 1976
- Governor's suspension notification date: July 10; High Court's reinstatement direction: within 7 days of the ruling