All questions of Constitutional Bodies & Special Provisions for SC, ST & OBC for BPSC (Bihar) Exam

Statement Analysis:
Statement 1: State Human Rights Commission is a constitutional body.
Statement 2: The chairperson and members of the State Human Rights Commission are appointed by the President.
Statement 3: State Human Rights Commission reviews the constitutional and other legal safeguards for the protection of human rights.

Explanation:
Statement 1 is incorrect as State Human Rights Commission is a statutory body and not a constitutional body. It is established under the Protection of Human Rights Act, 1993.

Statement 2 is incorrect as the chairperson and members of the State Human Rights Commission are appointed by the Governor of the respective state, and not by the President.

Statement 3 is correct. The State Human Rights Commission reviews the constitutional and other legal safeguards for the protection of human rights. It also inquires into complaints of human rights violations and makes recommendations for their effective implementation.

Therefore, the correct answer is option C, i.e., statement 3 only.

Conclusion:
In conclusion, it is important to understand that the State Human Rights Commission is a statutory body established under the Protection of Human Rights Act, 1993. Its primary function is to inquire into complaints of human rights violations and make recommendations for their effective implementation.

The First General Election of Independent India started from October 1951- Feb 1952 in accordance with the new constitution by which India became a Sovereign Democratic Republic i.e political powers vested in people, framed by the Constituent Assembly, Dr. BR Ambedkar appointed the head having Pandit Jawaharlal Nehru as the 1st PM of Independent India wherein Congress swept the polls with 75 % seats in Lok Sabha elections .

**The first Chief Election Commissioner in independent India was Sukumar Sen.**

**Background:**
- The Election Commission of India is an autonomous constitutional body responsible for overseeing and conducting elections in the country.
- It was established on 25th January 1950, the day India became a republic.
- The first general elections were conducted in 1951-52, and the Election Commission played a crucial role in ensuring their fair and transparent conduct.

**Sukumar Sen:**
- Sukumar Sen, an Indian Civil Service officer, was appointed as the first Chief Election Commissioner of India.
- He served in this position from 21st March 1950 to 19th December 1958.
- Sen was known for his integrity, intelligence, and commitment to democratic principles.

**Contributions and Achievements:**
1. **First General Elections:** Sen played a pivotal role in organizing and conducting the first general elections in India.
- These elections were the largest exercise of democracy in the world at that time, with over 170 million people eligible to vote.
- Sen and his team successfully managed the mammoth task of voter registration, delimitation of constituencies, logistics, and the actual conduct of elections.
- These elections laid the foundation for India's democratic system and established the credibility of the Election Commission.

2. **Introduction of Electoral Rolls:** Sen introduced the concept of electoral rolls and implemented them effectively.
- Electoral rolls helped ensure that only eligible voters were included in the voter list and prevented any fraudulent practices.
- The process of voter registration and the preparation of electoral rolls became an important component of subsequent elections.

3. **Secrecy of Voting:** Sen emphasized the importance of maintaining secrecy in the voting process.
- He introduced the concept of the sealed ballot, which ensured that the voter's choice remained confidential.
- This safeguarded the freedom of voters to express their preferences without fear of repercussions.

4. **Fair Conduct of Elections:** Sen was committed to conducting free and fair elections.
- He implemented strict rules and guidelines to prevent malpractices and electoral fraud.
- His efforts helped establish the credibility of the electoral process in India.

5. **Institutional Development:** Sen's tenure witnessed the development and strengthening of the Election Commission as an independent and impartial institution.
- He laid the foundation for future Chief Election Commissioners and Election Commissioners to uphold democratic principles and ensure the smooth conduct of elections.

**Conclusion:**
Sukumar Sen's contributions as the first Chief Election Commissioner of India were instrumental in establishing the Election Commission as a fair and independent body responsible for conducting elections. His efforts in organizing the first general elections and implementing various reforms set the stage for subsequent elections in the country. His commitment to democracy and the principles of free and fair elections remains a guiding force for the Election Commission of India.

Democracy is a government of the people, for the people and by the people...people cast their votes to elect their representatives inorder to run the country...

Answer: BExplanation:- Both A and R are true, but R is not the correct explanation of A.- Assertion (A): No qualifications have been prescribed for the membership of the Union Public Service Commission. - This statement is true. The Indian Constitution does not prescribe any specific qualifications for the membership of the Union Public Service Commission (UPSC).- Reason (R): The Constitution does not fix the number of members of the Union Public Service Commission. - This statement is also true. The Indian Constitution does not fix the number of members of the UPSC. The President of India has the authority to determine the number of members.- However, the reason (R) does not explain the assertion (A). The fact that the Constitution does not fix the number of members of the UPSC does not provide an explanation for why no qualifications have been prescribed for its membership. These are two separate aspects of the UPSC's constitution and functioning.

They work under the control of the Election Commission of India (or State Election Commission as the case may be). Hence, option (d).

C
appointment made by President
conditions of service of election commissioners similar to that of CEC
in case of difference of opinion, majority wins

3 years is the correct answer.

Both the statements are correct.

The Election Commission of India (ECI) The Election Commission of India nominates or designates an Officer of the Government of the State/Union Territory as the Chief Electoral Officer in consultation with that State Government/Union Territory Administration.

Assertion (A): The National Development Council was constituted to secure the cooperation of States in the execution of the plan.

Reason (R): The Planning Commission is primarily an expert body without representatives from State Governments.

Explanation:
The National Development Council (NDC) was established in 1952 under the chairmanship of the Prime Minister of India. Its primary objective was to ensure the cooperation and coordination between the central government and the state governments in the execution of the development plans.

The NDC was formed to provide a platform for the central and state governments to discuss and deliberate on matters of national importance, particularly related to economic planning and development. It aimed to foster a cooperative federal structure where both the center and the states would work together towards the common goal of national development.

The Planning Commission, on the other hand, was also established in 1950 to formulate and implement the Five-Year Plans for economic and social development. It was primarily an expert body comprising economists, planners, and experts from various fields. The Planning Commission played a crucial role in formulating the development plans and allocating resources for various sectors.

Analysis of the Assertion and Reason:
- Assertion (A) states that the NDC was constituted to secure the cooperation of states in the execution of the plan. This is true as the NDC provided a platform for both the central and state governments to come together and work in coordination for the successful implementation of the development plans.
- Reason (R) states that the Planning Commission is primarily an expert body without representatives from state governments. This is also true as the Planning Commission mainly consisted of experts and professionals in the field of economics and planning, and it did not have direct representation from the state governments.

Conclusion:
Both the Assertion (A) and Reason (R) are individually true. The Reason (R) explains the rationale behind the establishment of the NDC, which aimed to bridge the gap between the central and state governments by providing a platform for cooperation and coordination. Therefore, the correct answer is option (A).

In order to safeguard the interests of the STs more effectively, it was proposed to set up a separate National Commission for STs by bifurcating the existing combined National Commission for SCs and STs. This was done by passing the 89 Constitutional Amendment Act of 2003.

The correct matching of the given options is:

I. Chief Election Comm - B. Appointed by President
II. Lok Sabha Speaker - C. Elected by Lok Sabha
III. Dy Chairman, Rajya Sabha - A. Elected by Rajya Sabha

Let's understand the roles and the process of appointment/election for each of these positions:

I. Chief Election Commissioner (CEC):
- The Chief Election Commissioner is the head of the Election Commission of India.
- The CEC is responsible for conducting free and fair elections in the country.
- The CEC is appointed by the President of India.
- The appointment is made based on the recommendation of the Prime Minister and the Council of Ministers.

II. Lok Sabha Speaker:
- The Lok Sabha Speaker is the presiding officer of the Lok Sabha, the lower house of the Parliament of India.
- The Speaker is responsible for maintaining order in the house, conducting the proceedings, and interpreting the rules of procedure.
- The Speaker is elected by the members of the Lok Sabha.
- The election takes place at the beginning of the first session after a general election or when the position is vacant.

III. Deputy Chairman of Rajya Sabha:
- The Rajya Sabha is the upper house of the Parliament of India.
- The Deputy Chairman of Rajya Sabha is the second-highest-ranking official in the house.
- The Deputy Chairman is responsible for presiding over the sessions in the absence of the Chairman.
- The Deputy Chairman is elected by the members of the Rajya Sabha.
- The election takes place at the beginning of the first session after a general election or when the position is vacant.

Therefore, the correct matching of the given options is:

I. Chief Election Comm - B. Appointed by President
II. Lok Sabha Speaker - C. Elected by Lok Sabha
III. Dy Chairman, Rajya Sabha - A. Elected by Rajya Sabha

Hence, option B is the correct answer.

Recommendations of 255th Report of Law Commission with respect to ECI

The objective of the National Development Council (NDC) is to approve the Five-Year Plan made by the Planning Commission with inputs from the Union and the State Governments.

Explanation:
The National Development Council is a constitutional body in India that was established in 1952. It is chaired by the Prime Minister of India and includes the Chief Ministers of all the states, as well as the Union Ministers and members of the Planning Commission.

The primary objective of the NDC is to ensure coordination and cooperation between the Union Government and the State Governments in the planning and implementation of national development programs. One of the key functions of the NDC is to approve the Five-Year Plans prepared by the Planning Commission.

The Five-Year Plans are comprehensive plans that outline the development goals and strategies for the country over a five-year period. These plans cover various sectors such as agriculture, industry, infrastructure, health, education, and social welfare. The plans are prepared by the Planning Commission in consultation with the Union and State Governments.

During the planning process, the Planning Commission seeks inputs from various stakeholders, including the Union and State Governments, experts, and other relevant organizations. These inputs are considered during the formulation of the plan. Once the plan is finalized, it is presented to the NDC for approval.

The NDC plays a crucial role in the approval of the Five-Year Plans as it represents the interests of both the Union and State Governments. The Council reviews the plan and provides feedback and suggestions for its improvement. Once the plan is approved by the NDC, it becomes the official roadmap for development in the country for the next five years.

In addition to approving the Five-Year Plans, the NDC also discusses and deliberates on various issues related to national development. It provides a platform for the Union and State Governments to discuss and resolve any disputes or differences that may arise during the planning and implementation process.

Overall, the objective of the National Development Council is to ensure effective coordination and cooperation between the Union and State Governments in the planning and implementation of national development programs, with the approval of the Five-Year Plans being a key aspect of its role.

Functions of the National Development Council

1. Prescribing guidelines for preparation of the National Plan
The National Development Council plays a crucial role in providing guidelines for the preparation of the National Plan. This involves setting out the objectives, priorities, and strategies that need to be incorporated into the plan to ensure sustainable development.

2. Reviewing periodically the working of the National Plan
Another important function of the National Development Council is to periodically review the implementation and progress of the National Plan. This helps in identifying any shortcomings or areas that require improvement, ensuring that the plan is on track to achieve its set targets.

3. Recommending measures for the achievement of the aims and targets set out in the National Plan
The Council is responsible for recommending specific measures and policies that need to be implemented to achieve the aims and targets outlined in the National Plan. This involves assessing the current situation and proposing interventions that can help in attaining the desired outcomes.

4. Assessing the material, capital and human resources of the country
Lastly, the National Development Council is tasked with assessing the material, capital, and human resources of the country. This evaluation helps in understanding the existing resources available for development projects and initiatives, enabling better planning and utilization of resources.

Therefore, the functions of the National Development Council include prescribing guidelines for the National Plan, reviewing its progress, recommending measures for goal achievement, and assessing the resources of the country.

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.

To determine the territorial areas of the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament.

Overview of the National Commission for Scheduled Castes (SCs)
The National Commission for SCs is a vital body established to safeguard the interests and rights of Scheduled Castes in India. Let’s analyze the provided statements regarding its powers.
1. Powers of a Civil Court
- The National Commission for SCs indeed has the powers of a civil court while trying specific cases.
- This enables it to summon witnesses, examine documents, and enforce attendance, thus ensuring effective redressal of grievances.
2. Functions Regarding Anglo-Indian Community
- The statement regarding the Commission's responsibilities towards the Anglo-Indian community is incorrect.
- The National Commission for SCs primarily focuses on Scheduled Castes; the Anglo-Indian community does not fall under its jurisdiction.
3. Consultation Requirement with Governments
- The Central and State governments are indeed required to consult the Commission on all major policy matters affecting Scheduled Castes.
- This provision ensures that the interests and needs of SCs are considered in policymaking.
Conclusion
Given this analysis, we conclude that:
- Statement 1 is correct: The Commission has civil court powers.
- Statement 2 is incorrect: The Commission does not address issues related to the Anglo-Indian community.
- Statement 3 is correct: Governments must consult the Commission on SC-related policies.
Thus, the correct answer is option D: 1 and 3.

The correct answer is B: II and IV.Explanation:A member of the State Public Service Commission can be removed by:- II. President due to infirmity of body or mind: According to Article 317 of the Constitution of India, the President has the power to remove a member of the State Public Service Commission if the member is adjudged to be physically or mentally unfit to perform their duties.- IV. President for misbehavior after receiving a Supreme Court report after due enquiry: As per Article 317 of the Constitution, the President can also remove a member of the State Public Service Commission for misbehavior. However, this can only be done after the Supreme Court has conducted an enquiry and submitted a report to the President recommending the removal of the member.Statements I and III are incorrect because the Governor does not have the power to remove a member of the State Public Service Commission for misbehavior or insolvency. The removal process is solely under the authority of the President as per the Constitution of India.

C) parliament

The correct answer is option 'D' - 1 and 2 only. Let's understand each statement:

1. The Chief Election Commissioner (CEC) is appointed by the President of India:
- The Chief Election Commissioner and other Election Commissioners are appointed by the President of India.
- The appointment of the CEC is made under Article 324 of the Constitution of India.
- The President appoints the CEC based on the recommendation of the Prime Minister.
- The appointment is usually made after consultation with the Leader of Opposition in the Lok Sabha or the leader of the largest opposition party.

2. It enjoys the same kind of independence that the judiciary enjoys:
- The Election Commission of India (ECI) is an independent constitutional body responsible for the conduct and supervision of elections in India.
- The independence of the ECI is ensured to maintain the integrity and impartiality of the electoral process.
- The ECI functions independently from the executive and legislative branches of the government.
- It has the power to take decisions and implement policies related to elections without interference from the government.

3. Once appointed, the Chief Election Commissioner is fully answerable to the government for its powers and responsibilities:
- This statement is incorrect. Once appointed, the Chief Election Commissioner is not answerable to the government for its powers and responsibilities.
- The Chief Election Commissioner and other Election Commissioners have security of tenure.
- They cannot be removed from their office except in the same manner and on the same grounds as a judge of the Supreme Court.
- This ensures their independence and protects them from any undue influence or pressure from the government.

In conclusion, statement 1 is correct as the CEC is appointed by the President. Statement 2 is correct as the ECI enjoys independence similar to the judiciary. Statement 3 is incorrect as the Chief Election Commissioner is not answerable to the government once appointed. Therefore, the correct answer is option 'D' - 1 and 2 only.

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.

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.

Assertion and Reasoning: The assertion states that the Union Public Service Commission must be consulted on the reservation of posts for Backward classes, Scheduled Castes, and Scheduled Tribes. The reasoning states that the functions of the Union Public Service Commission are only advisory, and the government need not act upon its advice in any case.

Explanation:

The assertion is partially correct as the Constitution of India provides for the reservation of posts for Backward classes, Scheduled Castes, and Scheduled Tribes. However, the Constitution does not mandate that the Union Public Service Commission must be consulted on the matter of reservation. The Commission is responsible for conducting examinations for appointments to the services of the Union and recommending suitable candidates for such appointments.

The reasoning is correct as the functions of the Union Public Service Commission are advisory in nature. The Commission provides advice to the government on matters related to recruitment, promotion, and disciplinary matters of civil servants. However, the government is not bound to act upon the advice of the Commission. The government may accept or reject the advice of the Commission based on its own discretion.

Therefore, the correct answer is option D, i.e., A is false, but R is true.

The Parliament can create new All-India Services (including an All-India Judicial Service), if the Rajya Sabha passes a resolution declaring that it is necessary or expedient in the national interest to do so. 2. Such a resolution in the Rajya Sabha should be supported by two-thirds of the members present and voting.

The Union Public Service Commission (UPSC) is a constitutional body that is responsible for conducting various examinations for recruitment to the civil services and other posts in India. Let's understand each statement given in the question:

I. is appointed by the President:
This statement is correct. The members of the UPSC are appointed by the President of India. The Constitution of India provides for the appointment of a chairman and other members of the UPSC.

II. is ineligible for re-appointment:
This statement is also correct. A member of the UPSC is not eligible for re-appointment. This means that once a person completes their tenure as a member of the UPSC, they cannot be reappointed as a member.

III. holds office for 6 years or till 60 years, whichever is earlier:
This statement is correct as well. The Constitution of India provides that a member of the UPSC holds office for a term of six years from the date on which he or she enters the office. However, if a member attains the age of 60 years before the completion of the six-year term, he or she will vacate the office.

Therefore, all three statements given in the question are correct. The correct answer is option 'B' - I and II are correct.

Article 321 of the Constitution of India

Article 321 of the Constitution of India provides for the power to extend functions of the Union Public Service Commission (UPSC).

This article states that the Parliament of India has the power to extend the functions of the UPSC to any area or authority in India, other than the State Public Service Commission.

The article also states that the Parliament can do so by passing a law to that effect.

Explanation

The Union Public Service Commission (UPSC) is a constitutional body that is responsible for conducting various exams and recruitment processes for the central government.

Under Article 321 of the Constitution, the Parliament of India has the power to extend the functions of the UPSC to any area or authority in India, other than the State Public Service Commission.

This means that the Parliament can pass a law that allows the UPSC to conduct exams or recruitment processes for any other organization or authority in India.

This power is given to the Parliament to ensure that the UPSC can effectively carry out its duties and responsibilities and that the recruitment process for various government jobs is fair and transparent.

Conclusion

In conclusion, under Article 321 of the Constitution of India, the power to extend the functions of the Union Public Service Commission has been vested in the Parliament of India. This power is given to the Parliament to ensure that the UPSC can effectively carry out its duties and responsibilities and that the recruitment process for various government jobs is fair and transparent.

The correct answer is option 'D', that is, Public Service Commissions for the Union and for the States have been provided under Article 315 of the Constitution.

Explanation:
Public Service Commissions (PSCs) are constitutional bodies that were established under the provisions of the Constitution of India to ensure the recruitment and appointment of suitable candidates to the civil services of the country.

Article 315 of the Constitution provides for the establishment of Public Service Commissions for the Union and for each state.

Some important points related to Public Service Commissions are:

• The Union Public Service Commission (UPSC) is the central recruiting agency for the civil services of the Union.

• Each state has its own Public Service Commission (SPSC) which is responsible for the recruitment of candidates to the state civil services.

• The functions of the PSCs include conducting examinations, advising the government on matters related to recruitment, promotion, and disciplinary action, and ensuring that the recruitment process is fair, transparent and merit-based.

• The members of the PSCs are appointed by the President (in the case of the UPSC) or the Governor (in the case of the SPSCs) and they hold office for a term of six years or until they attain the age of 65 years, whichever is earlier.

• The Chairman and members of the UPSC are appointed by the President with the consultation of the Governor of the State concerned.

In conclusion, the establishment of Public Service Commissions under Article 315 of the Constitution is an important provision that ensures the fair and transparent recruitment of candidates to the civil services of the country.