BPSC · Polity

State Judiciary and State Public Services

70 min read · Updated 5 Oct 2026

1. BPSC demand

Questions usually test appointing and removing authorities, retirement age, High Court writ and supervisory powers, district-judge recruitment, separation of judiciary, and the appointment, tenure, removal, functions and reporting duty of a State Public Service Commission. The most frequent trap is to assume that because Governor appoints an office-holder, Governor can also remove that person.

2. Constitutional map

ArticlesSubjectRecall
214–216High Court for States, court of record, composition.High Court is a constitutional court and has contempt power.
217–224AJudges: appointment, tenure, oath, transfer, acting/additional/retired judges.President appoints; retirement at 62.
225–231Jurisdiction, writs, superintendence, staff and common High Court.Article 226 is broader in purpose than Article 32.
233–237Subordinate courts.Governor, High Court and SPSC have distinct roles.
50Separation of judiciary from executive.Directive Principle, vital to judicial independence.
315–323UPSC and State Public Service Commissions.Constitutional body; advice, safeguards and annual report.

3. High Court: position, composition and appointment

PointRuleExam caution
ExistenceThere shall be a High Court for each State; Parliament may establish a common High Court under Article 231.One High Court may constitutionally serve more than one State/Union territory.
Court of recordArticle 215 gives record status and power to punish for contempt of itself.This power is constitutional, not a gift of State Legislature.
CompositionChief Justice and such other judges as President considers necessary.Constitution fixes no uniform numerical strength.
AppointmentPresident appoints. Consultation includes Chief Justice of India and Governor; for a judge other than Chief Justice, Chief Justice of that High Court is also consulted.Governor does not issue the appointment warrant.
Current processConstitutional text operates with the judicially evolved collegium and official Memorandum of Procedure.Do not describe appointment as unilateral executive choice.

4. Qualification, tenure and independence

FeatureVerified position
QualificationCitizen of India plus at least ten years in judicial office in India, or at least ten years as advocate of a High Court or successive High Courts.
RetirementHolds office until 62 years, unless resigning, removed or otherwise ceasing under Constitution.
ResignationWriting addressed to President.
RemovalPresident, after the same parliamentary process and grounds prescribed for a Supreme Court judge: proved misbehaviour or incapacity.
TransferPresident may transfer after consultation with Chief Justice of India; compensatory allowance may be provided.
OathBefore Governor or a person appointed by Governor.
ConditionsAllowances and leave/pension rights cannot be varied to a judge's disadvantage after appointment, except constitutional Financial Emergency operation.
Staff and expensesChief Justice controls appointments to High Court staff subject to Article 229; administrative expenses are charged on State Consolidated Fund.

5. High Court jurisdiction

PowerScopeKey distinction
Writ, Article 226Issues habeas corpus, mandamus, prohibition, quo warranto and certiorari for Fundamental Rights and “for any other purpose”.Purpose is wider than Article 32, though territorial rules apply.
Superintendence, Article 227Superintendence over all courts and tribunals within territory, except those constituted under law relating to Armed Forces.Not merely ordinary appellate power.
Constitutional cases, Article 228May withdraw a subordinate-court case involving a substantial constitutional interpretation question and decide it or return it after deciding the question.Ensures authoritative constitutional determination.
Existing jurisdiction, Article 225Preserves jurisdiction subject to Constitution and competent law.High Courts also exercise statutory civil/criminal appellate jurisdiction.
Contempt, Article 215Protects authority and administration of justice.Court of record status and contempt are linked.

6. Subordinate judiciary

AppointmentAuthority and consultationRule
District judgesGovernor appoints, posts and promotes in consultation with High Court.High Court participation protects judicial control.
Direct district-judge recruitPerson not already in Union/State service must have at least seven years as advocate/pleader and be recommended by High Court.Seven years, not ten.
Other judicial serviceGovernor appoints according to rules after consultation with State PSC and High Court.Article 234 expressly involves both institutions.
ControlHigh Court controls district courts and courts subordinate to them, including posting, promotion and leave of judicial-service personnel.Article 235 control is not vested in State Cabinet.
MagistratesGovernor may apply these provisions to specified classes of magistrates by public notification.Article 237 is enabling.

7. Advocate General: the bridge to State litigation

Under Article 165, Governor appoints a person qualified to be a High Court judge as Advocate General. The officer advises State Government on legal matters, performs assigned legal duties, holds office during Governor's pleasure and receives remuneration determined by Governor. Under Article 177, Advocate General may speak and participate in both Houses and named committees but cannot vote merely by office. Advocate General is neither a High Court judge nor a member of the Council of Ministers.

8. State Public Service Commission: constitution and tenure

PointState PSC rule
StatusConstitutional body under Article 315, not a department created only by executive order.
AppointmentChairperson and members are appointed by Governor.
Experience safeguardAs nearly as may be one-half of members must have held office under Union or State Government for at least ten years.
TermSix years from entering office or age 62, whichever is earlier.
ResignationAddressed to Governor.
Acting ChairpersonGovernor may appoint a member to perform duties during vacancy or absence.
Same-office reappointmentOn expiry of term, a member is ineligible for reappointment to that same office under Article 316(3).

9. Removal and independence of State PSC

SafeguardConstitutional rule
MisbehaviourPresident may remove after Supreme Court, on Presidential reference, reports that member ought to be removed.
Other removal groundsPresident may remove for adjudged insolvency, paid employment outside office during term, or mental/bodily infirmity in President's opinion.
SuspensionGovernor may suspend a State PSC chairperson/member after reference to Supreme Court and until President acts on Court's report.
Deemed misbehaviourInterest in certain government contracts/benefits as described in Article 317(3) is deemed misbehaviour.
Service conditionsGovernor makes regulations under Article 318; conditions cannot be varied to a member's disadvantage after appointment.
ExpensesCommission expenses, including salaries and pensions, are charged on State Consolidated Fund.

10. Post-tenure restrictions

Former office-holderMay becomeCannot become
State PSC ChairpersonUPSC Chairperson/member or Chairperson of another State PSC.Other employment under Union or State Government.
State PSC memberUPSC Chairperson/member, or Chairperson of that or another State PSC.Other government employment; cannot simply take another ordinary member term in same office.

11. Functions, advice and accountability

AreaRole
ExaminationsConducts examinations for appointments to State services.
Recruitment rulesConsulted on methods of recruitment and principles for appointments, promotions and inter-service transfers.
SuitabilityAdvises on candidate suitability for appointments, promotions and transfers.
Discipline/claimsConsulted on disciplinary matters and specified legal-cost and injury-pension claims.
Additional functionsState Legislature may confer further functions regarding State/local-authority services under Article 321.
ExceptionsGovernor may make consultation-exception regulations; Article 320(4) excludes mandatory consultation for Articles 16(4) and 335 implementation.
Annual reportCommission reports to Governor; Governor lays it before Legislature with memorandum explaining cases where advice was not accepted.

12. Bihar focus

InstitutionVerified Bihar factExam use
Patna High CourtCreated by Letters Patent dated 9 February 1916; commenced work on 1 March 1916.Constitutional High Court for Bihar under post-1950 framework.
Territorial changeOrissa obtained separate High Court in 1948; Ranchi Bench became Jharkhand High Court after Bihar reorganisation in 2000.Jurisdiction changes with lawful territorial reorganisation.
BPSCCame into existence on 1 April 1949; acquired constitutional status under Article 315 from 26 January 1950.It predates Constitution institutionally but now derives status from Constitution.
BPSC headquartersInitially Ranchi; shifted to Patna on 1 March 1951.Official BPSC history, not a constitutional clause.

15. Official PYQ status

No item is labelled an official BPSC PYQ because complete official wording and options were not verified. These are original BPSC-style questions.

17. BPSC-style practice: exactly 20 MCQs