Who among the following is appointed by a Governor but can be removed only by…

Concept

For constitutional offices, appointment and removal powers may be assigned to different authorities. The controlling rule is the specific constitutional article governing the office, not the authority that made the appointment alone.

Therefore, compare each office by its constitutional or statutory source and identify whether removal is vested exclusively in the President of India.

Application

Articles 316(1) and 317 of the Constitution apply to members of Public Service Commissions. Article 316(1) gives the Governor the power to appoint members of a State Public Service Commission, while Article 317 provides that such a member may be removed only by an order of the President.

Cross-check and contrast

• Chief Minister of a State: Article 164 provides for appointment by the Governor and links ministerial tenure to the Governor’s pleasure; it does not reserve removal exclusively to the President.

• Member of a State Public Service Commission: Articles 316 and 317 deliberately separate appointment by the Governor from removal by presidential order.

• Advocate-General: Article 165 provides for appointment by the Governor and tenure during the Governor’s pleasure.

• Vice-Chancellor of a State University: appointment and removal are governed by the applicable State university law or statutes, not by a uniform constitutional power of the President.

Result

The office that satisfies both conditions is a member of the State Public Service Commission.