Puneet 8 Questions 0 Answers 0 Best Answers 49 Points View Profile -3 Puneet Asked: July 11, 2019In: Public Administration Advisory role of the State Public Service Commission -3 Indian Administration 1 Answer Voted Oldest Recent admin 0 Questions 159 Answers 78 Best Answers 764 Points View Profile Best Answer admin Added an answer on March 25, 2020 at 6:31 pm The role of the State Public Service Commission has been kept advisory under the Constitution. This is quite reasonable in the parliamentary democratic system that India has adopted. The responsibility for the administration is vested in the Council of Ministers who is accountable to the legislature. There is no question of any agency giving mandatory opinion to the Council of Ministers and the council being obliged to accept that. If the Commission’s decision were made mandatory that would have amounted to a violation of the authority of the Council of Ministers. The more pertinent question is whether an advisory role can enable the Commission to effectively discharge its functions. This question was also debated in the Constituent Assembly. While not taking advice will be unconstitutional, taking advice and not accepting it is not unconstitutional. Hence, well-conceived constitutional restraint is imposed in cases of non-acceptance of the advice given by the Commission. The annual report of the Commission, which mentions the cases of rejection of Commission’s advice, must be placed before the State Legislature. The government is under obligation to give the reasons of not accepting the Commission’s advice. This check has been effective because such cases where the advice of the Commission was not accepted have been almost negligible. -8 Reply Share Share Share on Facebook Share on Twitter Share on LinkedIn Share on WhatsApp Leave an answerLeave an answerCancel reply Featured image Select file Browse Save my name, email, and website in this browser for the next time I comment.