BPSC commonly tests an institution through five questions: What created it? Who appoints it? How is it removed? What does it do? To whom does it report? Bihar-specific questions may add a date, the Article or Act, and a similarly named body.
Use the order source → composition → tenure/removal → function → accountability. A constitutional objective does not make every body pursuing that objective a constitutional body. The Bihar State Commission for Women promotes equality, for example, but it is statutory because a Bihar Act creates it.
2. Three legal categories
Category
Source of existence
Bihar-oriented examples
Exam test
Constitutional body or office
The Constitution itself provides the office/body.
BPSC under Article 315; State Finance Commission under Article 243I; State Election Commission under Article 243K; Advocate General under Article 165.
Identify the Article, constitutional safeguards and report route.
Statutory body
Parliament or a State Legislature creates it through an Act.
Bihar Lokayukta; Bihar Information Commission; Bihar Human Rights Commission; Bihar State Commission for Women; Bihar State Commission for Backward Classes.
Identify the parent Act and whether it is a Central or State Act.
Executive body
Government order, resolution or scheme creates it without a dedicated constituting statute.
A mission, task force or advisory committee may fall here, depending on its notification.
Do not infer constitutional status from an official name or important work.
3. Institutional timeline
Date/year
Verified development
1 April 1949
Bihar Public Service Commission came into existence after separation from the Commission serving Orissa and Madhya Pradesh.
26 January 1950
The Constitution made State Public Service Commissions constitutional institutions under Part XIV.
1 March 1951
BPSC headquarters shifted from Ranchi to Patna.
1993
The Protection of Human Rights Act and Bihar's State Commission for Backward Classes Act supplied statutory foundations for important commissions.
1999
The Bihar State Commission for Women Act, 1999 created the State statutory framework for the Women's Commission.
3 January 2000 / 25 June 2008
Bihar Human Rights Commission was established by notification in 2000 and formally constituted in 2008, according to its official history.
2005
The Right to Information Act provided for State Information Commissions under section 15.
22 December 2011
The Bihar Lokayukta Act, 2011 was enacted as Bihar Act 22 of 2011.
2024
Bihar amended its State Commission for Women law; current details must therefore be read with the 2024 amendment.
4. BPSC: constitutional identity and Bihar history
Point
Exam-ready position
Constitutional source
Article 315 provides a Public Service Commission for the Union and for each State, subject to provisions for Joint Commissions.
Bihar origin
BPSC began on 1 April 1949 and became a constitutional institution when the Constitution commenced.
First headquarters
Ranchi; shifted to Patna on 1 March 1951.
First Chairperson
Rajandhari Sinha, according to BPSC's official history.
First Secretary
Radha Krishna Choudhary, according to the same official history.
Basic character
An independent constitutional recruitment and advisory body; it is not a department conducting recruitment at the government's unrestricted pleasure.
5. BPSC article map: Articles 315–323
Article
Core rule for a State PSC
315
Establishes Union and State Public Service Commissions and permits a Joint State PSC.
316
Governor appoints a State PSC's Chairperson and members; deals with qualifications, term, age and acting Chairperson.
317
President removes a member; Supreme Court inquiry applies to alleged misbehaviour. Governor may suspend after a reference until the President acts.
318
Governor may regulate member strength and service conditions of a State PSC, subject to constitutional protection against disadvantageous variation after appointment.
319
Restricts further government employment while permitting specified movement to PSC offices.
320
Lists examination and advisory functions, including recruitment methods, appointments, promotions, transfers and disciplinary matters.
321
State Legislature may extend the Commission's functions to services of local or other statutory bodies.
322
PSC expenses, including salaries and pensions, are charged on the relevant Consolidated Fund.
323
State PSC submits an annual report to the Governor, who lays it before the Legislature with a memorandum on advice not accepted.
6. Appointment, term and removal: where questions become tricky
Feature
BPSC / State PSC rule
Trap to avoid
Appointment
Governor appoints Chairperson and members.
Appointment by Governor does not mean removal by Governor.
Experience rule
As nearly as may be one-half of members should have held government office for at least ten years.
It is not a rule that every member must be a retired civil servant.
Term
Six years or until age 62, whichever is earlier.
UPSC's age ceiling is 65; do not apply it to State PSC.
Resignation
Addressed to the Governor.
Resignation and removal go to different authorities.
Removal for misbehaviour
President acts after Supreme Court inquiry and report on a presidential reference.
The State Legislature does not impeach a PSC member.
Other removal grounds
President may remove on adjudged insolvency, paid employment outside office during term, or infirmity of mind/body.
These grounds do not require a legislative vote.
Suspension
Governor may suspend after the matter has been referred to the Supreme Court, pending the President's order.
Suspension is not final removal.
7. What BPSC does—and what consultation means
Article 320 requires State PSCs to conduct examinations for State services and to be consulted on recruitment methods, principles for appointments, promotions and service transfers, suitability of candidates, disciplinary matters, certain legal-cost claims and injury-pension claims. The Governor may refer other matters, and law may extend functions under Article 321.
The Commission's advice is ordinarily advisory, not a judgment binding like a court decree. Independence is nevertheless reinforced by protected service conditions, charged expenditure and the Article 323 reporting mechanism. When government does not accept advice, the constitutional design exposes departures through the memorandum laid with the annual report. Regulations can specify matters in which consultation is not necessary; this does not abolish the Commission's constitutional status.
9. State Finance Commission: the local-finance bridge
Point
Constitutional position
Article
Article 243I for Panchayats; Article 243Y applies the same Commission's review to Municipalities.
Constitution
Governor constitutes it within one year of the 73rd Amendment's commencement and thereafter at the expiration of every fifth year.
Composition
State Legislature provides by law for composition, qualifications and selection; the Constitution does not impose one identical membership pattern on all States.
Tax sharing
Recommends principles for distribution between State and local bodies of specified net proceeds of State-levied taxes, duties, tolls and fees.
Assigned revenues
Recommends principles for taxes, duties, tolls and fees assigned to or appropriated by Panchayats and Municipalities.
Grants
Recommends principles for grants-in-aid from the Consolidated Fund of the State.
Improvement
Recommends measures needed to improve local bodies' financial position and considers other matters referred by the Governor.
Report
Governor lays recommendations and an explanatory memorandum on action taken before the State Legislature.
10. Do not confuse three “finance” institutions
Institution
Source
Main field
Union Finance Commission
Article 280
Union–State fiscal relations and constitutionally assigned recommendations, including measures to augment State funds for local bodies.
Bihar State Finance Commission
Articles 243I and 243Y plus Bihar local-government laws
State–Panchayat–Municipality resource sharing and local fiscal strengthening.
Bihar State Financial Corporation
A statutory financial institution under the State Financial Corporations framework
Development finance/credit functions; it is not the five-year local-body finance commission.
12. Advocate General of Bihar: constitutional law officer
Feature
Rule
Article
Article 165; participation rights appear in Article 177.
Appointment
Governor appoints a person qualified to be appointed a High Court judge.
Function
Advises the State Government on legal matters and performs duties assigned by the Governor or conferred by the Constitution or law.
Tenure
Holds office during the pleasure of the Governor; remuneration is determined by the Governor.
Legislature
May speak and otherwise take part in proceedings of either House, joint sitting if applicable, and a committee of which named a member.
Voting
Has no vote merely by virtue of Article 177.
Status
A constitutional office, not a permanent civil-service post and not a commission.
13. Bihar Lokayukta: State statutory anti-corruption institution
Point
Verified statutory design
Source
Bihar Lokayukta Act, 2011 (Bihar Act 22 of 2011), as amended from time to time.
Status
State statutory institution, not a body created directly by a constitutional Article.
Purpose
Inquiry into complaints and a legal framework for investigation/prosecution concerning corruption allegations against covered public servants.
Composition
A Chairperson and two Members; at least two among the three must be Judicial Members under section 3.
Eligibility
The Act prescribes integrity, standing, relevant professional experience and age requirements; a Judicial Member must satisfy the special judicial qualification.
Appointment
Governor appoints on the recommendation of the statutory Selection Committee, supported by a Search Committee process.
Institutional tools
Inquiry, investigation-related machinery, recommendations, reporting and other powers operate only within the Act.
Annual accountability
The Act requires an annual report to the State Government for laying before both Houses of the State Legislature.
14. Lokayukta is not a court, police station or vigilance department
Institution
Core role
Important limit
Bihar Lokayukta
Receives and examines covered corruption complaints through its statutory inquiry/investigation framework.
Can exercise only powers given by the Bihar Act; it does not replace every disciplinary, criminal or judicial forum.
Police / investigating agency
Registers and investigates offences under criminal procedure and special laws when legally empowered.
Criminal investigation and prosecution require the relevant legal process.
Departmental authority
Administers service discipline under service rules.
Departmental liability and criminal liability are distinct tracks.
Court
Adjudicates cases and issues binding judicial orders within jurisdiction.
Lokayukta recommendations or inquiry steps are not automatically a criminal conviction.
16. Bihar Information Commission: transparency adjudication
Point
Position
Source
Section 15 of the Right to Information Act, 2005, a parliamentary law.
Status
State statutory commission—not a constitutional commission.
Main routes
Complaints under section 18 and second appeals under section 19(3), within statutory conditions.
Information chain
Request normally begins with the Public Information Officer; first appeal goes to the departmental First Appellate Authority; second appeal goes to the State Information Commission.
Powers
The Act provides inquiry powers, directions to secure compliance and penalty-related authority under section 20.
Limit
It enforces access to existing information and RTI obligations; it is not a general forum to grant every underlying service benefit.
17. Bihar Human Rights Commission
Point
Position
Parent law
Protection of Human Rights Act, 1993; State Commissions are provided in section 21.
Bihar history
Established by notification on 3 January 2000 and formally constituted on 25 June 2008, according to the Commission's official introduction.
Status
State statutory commission created under a parliamentary law.
Functions
Inquiry into specified human-rights violations or negligence by public servants; review safeguards; visit institutions; promote research, literacy and awareness; encourage civil-society efforts.
Nature of outcome
Its statutory recommendations and reports are important accountability tools, but the Commission is not a regular criminal court.
Jurisdiction caution
Time, subject, armed-forces and other statutory limits must be read from the current Act; moral seriousness alone does not create jurisdiction.
18. Bihar Women's and Backward Classes Commissions
Commission
Legal source
Core field
Current-law caution
Bihar State Commission for Women
Bihar State Commission for Women Act, 1999 (Bihar Act 6 of 1999), amended in 2024.
Reviews safeguards and laws affecting women, examines complaints and issues, conducts studies and advises government under the Act.
Composition and procedure must be read with the 2024 amendment, not only the original Act.
Bihar State Commission for Backward Classes
State Commission for Backward Classes Act, 1993 (Bihar Act 12 of 1993), including the 2007 amendment.
Examines inclusion and over-/under-inclusion questions in the State list, relevant deprivation complaints and matters referred by government.
Do not confuse the State list body with the National Commission for Backward Classes under Article 338B or with the Central OBC list.
19. One-page classification matrix
Institution
Classification
Source anchor
Reports / answerability
BPSC
Constitutional body
Articles 315–323
Annual report to Governor; laid before State Legislature with explanatory memorandum.
Bihar State Finance Commission
Constitutional commission
Articles 243I and 243Y
Recommendations and action-taken memorandum laid before Legislature.
Advocate General of Bihar
Constitutional office
Articles 165 and 177
Legal adviser to State; holds office during Governor's pleasure.
Bihar State Election Commission
Constitutional body
Articles 243K and 243ZA
Independent constitutional control of local elections.
Bihar Lokayukta
State statutory institution
Bihar Lokayukta Act, 2011
Statutory findings/recommendations and annual-report route.
Bihar Information Commission
Central-statutory State commission
RTI Act, 2005, section 15
Complaints, second appeals, compliance and penalties under the Act.
Bihar Human Rights Commission
Central-statutory State commission
Protection of Human Rights Act, 1993, section 21
Inquiry, recommendations and reports under the Act.
Bihar State Commission for Women
State statutory commission
Bihar Act 6 of 1999, as amended
Review, complaint, study and advisory functions.
Bihar State Commission for Backward Classes
State statutory commission
Bihar Act 12 of 1993, as amended
State-list and safeguards advice under its Act.
20. Powers are not interchangeable
Power word
Meaning
Institutional example
Recruit
Conduct selection processes or advise on public-service appointments.
BPSC under Article 320 and recruitment rules.
Recommend finances
Propose principles of tax sharing, grants and strengthening.
State Finance Commission; implementation still requires State action.
Advise legally
Give legal advice and represent State interests as assigned.
Advocate General.
Inquire / investigate
Examine facts using powers granted by the parent law.
Lokayukta or Human Rights Commission within different jurisdictions.
Hear appeal / complaint
Decide a statutory transparency dispute.
Information Commission under RTI Act.
Adjudicate as court
Issue judicial decisions within judicial jurisdiction.
Regular courts—not automatically every commission with inquiry powers.