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All questions of Constitutional Bodies & Special Provisions for SC, ST & OBC for UPSC CSE Exam

Which of the following is/are among the functions of the Election Commission of India?
1. Conduct of election for the posts of the Speaker and the Deputy Speaker, Lok Sabha and the Deputy Chairman, Rajya Sabha.
2. Conduct of election to the Corporations and Municipalities.
3. Deciding on all doubts and disputes arising out of the elections.
Select the correct answer from the codes given below.
  • a)
    1 and 2
  • b)
    1 and 3
  • c)
    2 and 3
  • d)
    None of these
Correct answer is option 'D'. Can you explain this answer?

Suresh Reddy answered
Explanation:

1. The Election Commission of India does not conduct elections for the posts of the Speaker and the Deputy Speaker, Lok Sabha and the Deputy Chairman, Rajya Sabha. These elections are conducted internally by the members of the respective houses.

2. The conduct of elections to the Corporations and Municipalities is not the responsibility of the Election Commission of India. These elections are conducted by the respective State Election Commissions.

3. While the Election Commission of India does play a role in overseeing the conduct of elections, it does not have the power to decide on all doubts and disputes arising out of the elections. This is the jurisdiction of the judiciary. In the case of parliamentary or assembly elections, any disputes are taken to the High Court or the Supreme Court as election petitions.

When on election duty, government officers work under the control of
  • a)
    The concerned District Administration
  • b)
    State Planning Board
  • c)
    Chief Secretary of the State
  • d)
    Election Commission
Correct answer is option 'D'. Can you explain this answer?

Kabir Verma answered
They work under the control of the Election Commission of India (or State Election Commission as the case may be). Hence, option (d).
Learning: It is very common for the Election Commission to reprimand the government and administration for their lapses. This is because of the independence vested in the commission and the election officials. When election officials come to the opinion that polling was not fair in some booths or even an entire constituency, they order a repoll. The ruling parties generally comply with the orders of the ECI.

Which of the following powers can be wielded by the Election Commission of India?
1. The Commission can suppress the results of opinion polls if it deems such an action fit for the cause of democracy.
2. The Commission can advise for disqualification of members after the elections if it thinks they have violated certain guidelines.
3. The Commission can suspend candidates who fail to submit their election expense accounts timely.
Select the correct answer using the codes below,
  • a)
    1, 2 and 3
  • b)
    2 and 3 only
  • c)
    1 and 3 only
  • d)
    1 and 2 only
Correct answer is option 'D'. Can you explain this answer?

  • Statement 1 (Correct): The Election Commission of India (ECI) can restrict opinion polls to ensure fair elections, as they may influence voters. This falls under its authority to enforce the Model Code of Conduct.
  • Statement 2 (Correct): The ECI can recommend disqualification of elected members for violations like corrupt practices. Its opinion is binding in disqualification cases referred by courts to the President or Governor.
  • Statement 3 (Incorrect): The ECI cannot "suspend" candidates for not submitting election expense accounts. It can disqualify them if they fail to comply with legal requirements, but "suspension" is not the correct term.

Consider the following statements about the Election Commission of India.
1. The Constitution provides for the Election Commission and its composition under Article 324
2. It conducts local body elections also.
3. The Chief Election Commissioner does not have more powers than the other Election Commissioners.
Choose the correct answer using the codes below:
  • a)
    3 only
  • b)
    2 and 3
  • c)
    1 only
  • d)
    1 and 3
Correct answer is option 'D'. Can you explain this answer?

Understanding the Election Commission of India
The Election Commission of India (ECI) plays a crucial role in ensuring free and fair elections in the country. Let's analyze the statements provided regarding the ECI to understand why option 'D' (1 and 3) is the correct answer.
Statement 1: Constitution Provisions
- The Constitution of India indeed provides for the establishment of the Election Commission under Article 324.
- This article empowers the President to appoint the Chief Election Commissioner and other Election Commissioners.
Statement 2: Conducting Local Body Elections
- The Election Commission is primarily responsible for conducting elections to the Parliament and State Legislatures.
- However, local body elections are typically conducted by State Election Commissions, not the ECI.
- Therefore, this statement is incorrect.
Statement 3: Powers of the Chief Election Commissioner
- The Chief Election Commissioner (CEC) does hold a significant position within the ECI.
- However, the powers of the CEC and other Election Commissioners are largely similar in terms of decision-making.
- The Chief Election Commissioner does not have more powers than the other Election Commissioners when it comes to the functioning of the Commission.
Conclusion
- Based on the analysis, only Statements 1 and 3 are correct, while Statement 2 is incorrect.
- Thus, the correct answer is option 'D' (1 and 3).

Consider the following statements about the Election Commission of India (ECI).
1. The ECI is the only authority that can grant National Party or State Party status to a political party in India.
2. Election Symbols (Reservation and Allotment) Order is issued by the ECI and can be modified by it.
Which of the above is/are correct?
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    None
Correct answer is option 'C'. Can you explain this answer?

Suresh Reddy answered
In August 2016, the ECI had brought changes in Paragraph 6C of the Election Symbols (Reservation and Allotment) Order 1968 to review the status of political parties every 10 years, instead of the present norm of five years.
  • For instance, the status of a party (either national or state party) that did not perform up to the required criteria in the 2014 election will be reviewed in 2024.
Learning: Recognition as a national or a State party ensures that the election symbol of that party is not used by any other political entity in polls across India.
  • Other registered but unrecognised political parties have to choose from a pool of ‘free symbols’ announced by the commission from time to time.
  • Besides, these parties get land or buildings from the government to set up their party offices. They can have up to 40 ‘star campaigners’ during electioneering. Others can have up to 20 ‘star campaigners’.

The Chief Electoral Officer (CEO) supervises the election work in a State. He is appointed by the
  • a)
    Election Commission of India in consultation with the State Government
  • b)
    Governor of the State concerned in consultation with the Election Commission of India
  • c)
    Chief Secretary of the State concerned in consultation with the Chief Election Commissioner
  • d)
    State Election Commission after consulting Election Commission of India
Correct answer is option 'A'. Can you explain this answer?

Pranab Patel answered
The appointment of Chief Electoral Officer (CEO) is an important aspect of the electoral process in a State. Let's understand the process of appointment:

Who appoints the Chief Electoral Officer?

The Chief Electoral Officer (CEO) is appointed by the Election Commission of India (ECI) in consultation with the State Government.

What are the roles and responsibilities of the Chief Electoral Officer?

The Chief Electoral Officer (CEO) has the following roles and responsibilities:

1. Supervising the election work in the State: The CEO is responsible for supervising and overseeing the conduct of elections in the State. He is responsible for ensuring that the electoral process is carried out in a fair and transparent manner.

2. Preparing electoral rolls: The CEO is responsible for preparing the electoral rolls for the State. He has to ensure that the electoral rolls are updated regularly and are accurate.

3. Conducting voter education programmes: The CEO has to conduct voter education programmes to create awareness among the voters about their rights and duties.

4. Arranging for polling stations: The CEO has to arrange for polling stations for the voters. He has to ensure that the polling stations are located at convenient places and are accessible to all voters.

5. Counting of votes: The CEO is responsible for the counting of votes after the polling is over. He has to ensure that the counting is done in a fair and transparent manner.

Conclusion:

The Chief Electoral Officer (CEO) plays a crucial role in the electoral process in a State. He is responsible for ensuring that the electoral process is conducted in a free and fair manner. The CEO is appointed by the Election Commission of India (ECI) in consultation with the State Government.

Consider the following statements regarding the National Commission for STs.
1. The President also forwards any report of the Commission pertaining to a state government to the state governor.
2. The governor places it before the state legislature, along with a memorandum explaining the action taken on the recommendations of the Commission.
3. The memorandum should also contain the reasons for the non-acceptance of any of such recommendations.
Which of these statements is/are correct?
  • a)
    1 Only
  • b)
    1 and 2 Only
  • c)
    1 and 3 Only
  • d)
    All of them
Correct answer is option 'D'. Can you explain this answer?

Rajesh Khatri answered
The correct answer is (d) All of them. The National Commission for STs (Scheduled Tribes) is a constitutional body established under the provisions of the Constitution of India. It is responsible for the protection, welfare, and development of the Scheduled Tribes in India. As per the provisions of the Constitution of India, the President of India is required to forward any report of the Commission pertaining to a state government to the state governor. The governor is then required to place the report before the state legislature, along with a memorandum explaining the action taken on the recommendations of the Commission. The memorandum should also contain the reasons for the non-acceptance of any such recommendations. Therefore, all three statements given in the question are correct.
Therefore, the correct answer is (d) All of them.

Consider the following statements
1. In order to safeguard the interests of the STs more effectively, it was proposed to set up a separate National Commission for STs by bifurcat-ning the existing combined National Commission for SCs and STs
2. This was done by passing the 65th Constitutional Amendment Act of 2003'
3. This Act further amended Article 338 and inserted a new Article 338-A in the Constitution Which of these statements is/are correct?
  • a)
    1 and 2 Only
  • b)
    2 and 3 Only
  • c)
    1 and 3 Only
  • d)
    All of them
Correct answer is option 'C'. Can you explain this answer?

Vikram Verma answered
The correct answer is C: 1 and 3 Only.
Explanation:

1. Formation of a separate National Commission for STs:
- In order to safeguard the interests of the Scheduled Tribes (STs) more effectively, it was proposed to set up a separate National Commission for STs by bifurcating the existing combined National Commission for Scheduled Castes (SCs) and STs.
2. 89th Constitutional Amendment Act, 2003:
- This was done by passing the 89th Constitutional Amendment Act of 2003 (not the 65th Constitutional Amendment Act as mentioned in statement 2).
- This Act further amended Article 338 and inserted a new Article 338-A in the Constitution.
Statement 2 is incorrect because it mentions the 65th Constitutional Amendment Act of 2003, while the correct Amendment Act is the 89th Constitutional Amendment Act of 2003.

Consider the following statements.
1. The separate National Commission for STs came into existence in 1999
2. It consists of a chairperson, a vice-chairperson and three other members
Which of these statements is/are correct?
  • a)
    1 Only
  • b)
    2 Only
  • c)
    Both 1 and 2
  • d)
    None of them
Correct answer is option 'B'. Can you explain this answer?

Jhanvi Kumar answered
Explanation:
The correct answer is option 'B' - 2 Only.

Statement 1: The separate National Commission for STs came into existence in 1999.

This statement is incorrect. The National Commission for Scheduled Tribes (NCST) was established through an Act of Parliament in 2003, not in 1999. The NCST was set up under Article 338A of the Constitution to safeguard the rights and interests of the Scheduled Tribes (STs) and to promote their socio-economic development.

Statement 2: It consists of a chairperson, a vice-chairperson, and three other members.

This statement is correct. The National Commission for Scheduled Tribes (NCST) consists of a chairperson, a vice-chairperson, and three other members. The chairperson of the NCST is appointed by the President of India, and the other members are appointed by the President on the advice of the Prime Minister.

The NCST has the following composition:
1. Chairperson: The chairperson is a person who is or has been a judge of the Supreme Court or a High Court.
2. Vice-Chairperson: The vice-chairperson is a person who is or has been a judge of the Supreme Court or a High Court.
3. Three Other Members: The other members of the NCST are appointed from among persons of ability, integrity, and standing who have special knowledge of, and experience in, matters relating to the welfare of the Scheduled Tribes.

The NCST plays a crucial role in the protection and promotion of the rights of the Scheduled Tribes. It investigates and monitors all matters relating to the safeguards provided for the STs under the Constitution and other laws. It also inquires into specific complaints and safeguards the rights and interests of the STs. Additionally, the NCST advises the central and state governments on policies and programs for the welfare of the STs and reviews the progress of their development.

In conclusion, statement 1 is incorrect as the National Commission for Scheduled Tribes (NCST) was established in 2003, not in 1999. Statement 2 is correct as the NCST consists of a chairperson, a vice-chairperson, and three other members. Therefore, the correct answer is option 'B' - 2 Only.

Which of the following statements are correct regarding powers of the National Commission for STs?
1. The commission has all the powers of a Civil and Criminal Court when trying a suit
2. It can issue summons for the examination of witness and documents
Choose from the following options.
  • a)
    1 Only
  • b)
    2 Only
  • c)
    Both 1 and 2
  • d)
    None of them
Correct answer is option 'B'. Can you explain this answer?

Ojasvi Mehta answered
The Commission is vested with the power to regulate its own procedure. The commission, while investigating any matter or inquiring into any complaint, has all the power were of a civil court trying a suit and in particular in respect of the following matters: (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record from any court or office; (e) issuing summons for the examination of witnesses and documents; and (f) any other matter which the President may determine. The Central government and the state governments are required to consult the Commission major policy matters affecting the STs.

Which of the following functions are NOT performed by the Election Commission of India?
1. Determining the territorial areas of the electoral constituencies.
2. Advising the president on matters relating to the disqualifications of the members of Parliament.
3. To cancel polls in the event of Violence at election booths.
Choose the correct answer using the codes below.
  • a)
    1 and 2 only
  • b)
    2 and 3 only
  • c)
    1 only 
  • d)
    All are performed by the ECI.
Correct answer is option 'D'. Can you explain this answer?

Suresh Reddy answered
To determine the territorial areas of the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament.
The powers related to elections are
  • To act as a court for settling disputes related to granting of recognition to political parties and allotment of election symbols to them.
  • To appoint officers for Enquiring into disputes relating to electoral arrangements. To determine the code of conduct to be observed by the parties and the candidates at the time of elections.
  • To prepare a roster for publicity of the policies of the political parties on radio and TV in times of elections.
  • To advise the president on matters relating to the ' disqualifications of the members of Parliament.
  • To advise the governor on matters relating to the disqualifications of the members of the state legislature.
  • To request the president or the governor for requisitioning the staff necessary for conducting elections.
  • To supervise the machinery of elections throughout the country to ensure free and fair elections.
  • To advise the president whether elections can be held in a state under president’s rule in order to extend the period of emergency after one year.

Consider the following statements about the Election Commission of India (ECI).
1. The Chief Election Commissioner (CEC) is appointed by the President of India.
2. It enjoys the same kind of independence that the judiciary enjoys.
3. Once appointed, the Chief Election Commissioner is fully answerable to the government for its powers and responsibilities.
Select the correct answer using the codes below.
  • a)
    1 only
  • b)
    2 and 3 only
  • c)
    1 and 3 only
  • d)
    1 and 2 only
Correct answer is option 'D'. Can you explain this answer?

Utkarsh Joshi answered
  • The ECI is an independent body. It is not answerable to the government. Answerability on day-to-day matters and even major policy decisions can tend to erode autonomy. Its autonomy is central to the Indian democracy. Hence, statement 3 is incorrect.
  • ECI commissioners enjoy the security of tenure, salary charged on Consolidated Fund of India, independence from government interference, difficult process of impeachment, etc. Hence, they enjoy similar independence as judges do.

The Election Commission of India is NOT responsible for the supervision, control and directions for elections of which body? 
  • a)
    Local bodies 
  • b)
    Legislative Assembly 
  • c)
    Office of Vice-President of India 
  • d)
    Office of President of India
Correct answer is option 'A'. Can you explain this answer?

Prisha Basak answered
The Election Commission of India is responsible for the supervision, control, and direction of elections in India. It ensures free, fair, and impartial conduct of elections at various levels, including the legislative assemblies and the offices of the President and Vice-President of India. However, it is not responsible for the supervision, control, and direction of elections of local bodies.

Explanation:
- The Election Commission of India is a constitutional body established under Article 324 of the Indian Constitution. Its primary function is to conduct elections in an efficient and transparent manner.
- The Election Commission is responsible for the conduct of elections to the Lok Sabha (Lower House of Parliament), Rajya Sabha (Upper House of Parliament), State Legislative Assemblies, and Legislative Councils (in states where they exist).
- The Election Commission is also responsible for the conduct of elections to the offices of the President and Vice-President of India.
- However, the Election Commission is not responsible for the supervision, control, and direction of elections of local bodies such as municipal corporations, municipal councils, and panchayats.
- The elections of local bodies are conducted by State Election Commissions, which are separate constitutional bodies established under Article 243K of the Indian Constitution.
- Each state has its own State Election Commission, which is responsible for the conduct of elections to local bodies within that state.
- The State Election Commissions have similar powers and functions as the Election Commission of India but at the local level.
- They ensure the conduct of free and fair elections for the selection of representatives to local bodies, thereby promoting grassroots democracy.
- The State Election Commissions work in coordination with the Election Commission of India to ensure the smooth functioning of the electoral process at all levels.

In conclusion, while the Election Commission of India is responsible for the supervision, control, and direction of elections at various levels, including the legislative assemblies and the offices of the President and Vice-President of India, it is not responsible for the supervision, control, and direction of elections of local bodies. This responsibility lies with the State Election Commissions established in each state.

Article 324 of the Constitution has made which of the following provisions to safeguard and ensure the independent and impartial functioning of the Election Commission?
1. The election commissioners are provided with the security of tenure because their term is fixed as provided in the constitution.
2. The Constitution has prescribed the qualifications for appointment to the office of the Election Commission.
Which of the above is/are correct?
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    None
Correct answer is option 'D'. Can you explain this answer?

  • Security of Tenure: Article 324 provides for the Chief Election Commissioner (CEC) and other Election Commissioners to hold office for a term as determined by the President. However, their term is not fixed by the Constitution itself. The conditions of service and tenure are subject to the provisions made by the President. Therefore, this statement is incorrect.
  • Qualifications for Appointment: Article 324 does not prescribe specific qualifications for the appointment of the Chief Election Commissioner or other Election Commissioners. Their qualifications are left to the discretion of the appointing authority. Therefore, this statement is also incorrect.
    Both statements are incorrect, and the correct option is: d) None

Law Commission of India in its 255th report on electoral reforms recently submitted to the Government of India has pitched for a stronger Election Commission of India (ECI). Its recommendations include
1. Equal Constitutional protection to all members of ECI in removability from Office.
2. Appointment of the Election Commissioners by a three member Selection panel instead of the present system of appointment by President.
3. The elevation of an EC should be on the basis of seniority.
Choose the correct answer using the codes below.
  • a)
    1 and 2 only
  • b)
    2 and 3 only
  • c)
    1 and 3 only
  • d)
    All of the above
Correct answer is option 'D'. Can you explain this answer?

Meera Singh answered
Recommendations of 255th Report of Law Commission with respect to ECI
1. Appointments of Chief Election Commissioners (CEC) and all Election Commissioners (ECs) - It should be made by the President in consultation with a three-member collegium or selection committee.
2. The collegium or committee shall consist of the Prime Minister, the Leader of the Opposition of the Lok Sabha (or the leader of the largest opposition party in the Lok Sabha) and the Chief Justice of India (CJI).
3. Seniority based elevation - The elevation of an EC should be on the basis of seniority. If senior EC is not appointed due to unfit reasons, the three member collegium or a committee give reasons in writing.
4. Equal constitutional protection to all members of the ECI - Equal constitutional protection must be given to all members of the ECI in matters of removability from office.
5. In this regard, Article 324(5) of the Constitution should be amended.

Under which act was SPSC given the status of a constitutional body?
  • a)
    Government of India Act, 1935
  • b)
    Government of India Act, 1858
  • c)
    The Indian Councils Act, 1892
  • d)
    The Indian Councils Act, 1861
Correct answer is option 'A'. Can you explain this answer?

Arun Khatri answered
The Government of India Act, 1935 provided for the establishment of the Public Service Commission at the Provincial level known as the State Public Service Commission and the constitution of India gave it a constitutional status as an autonomous body.

Which of the following statements is INCORRECT?
1. The Salary, allowances, and other service conditions of the Information Commissioner are similar to those of the Election Commissioner.
2. Information Commissioner is not eligible for reappointment for the same post.
  • a)
    1 Only
  • b)
    None 
  • c)
    Both
  • d)
    2 Only
Correct answer is option 'D'. Can you explain this answer?

Utkarsh Joshi answered
Statement 1: The salary,  allowances, and other service conditions of the  Chief Information  Commissioner are similar to those of the  Chief  Election Commissioner and that of the  Information  Commissioner are similar to those of an  Election  Commissioner.  But, they cannot be varied to his disadvantage during service.
Statement 2: The Chief Information Commissioner and an Information Commissioner hold office for a  term of  5  years or until they attain the age of  65  years, whichever is earlier. They are not eligible for reappointment. The  Information  Commissioner is eligible for appointment as  Chief Information  Commissioner but cannot hold office for more than a total of five years including his term as Information Commissioner.

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