Laxmikanth Test: Constitutional Bodies & Special Provisions for SC, ST & OBC - UPSC MCQ

• Article 341 of the Constitution provides certain privileges and concessions to the members of Scheduled Castes.
• Parliament alone is vested with the power to include or exclude any entry in the SC list under Article 341 of the Constitution.
• Reservation is there only in the Lok Sabha.

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.

The SPSC presents its annual report to the Governor of the concerned state every year.

Statement 1 is correct. The Chief Election Commissioner can be removed from office in like manner and on like grounds as a judge of the Supreme Court.
Statement 2 is correct. Even after the dissolution of the state legislative assembly, the council of ministers continues to function until a new government is formed. This ensures that there is no vacuum in governance.
Statement 3 is incorrect. Article 356, which deals with President's Rule in a state, can be invoked if the President, on receipt of a report from the Governor of the state or otherwise, is satisfied that the situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.

Hence, Correct Answer is Option a) 1 and 2.

Article 356 can be invoked without the written recommendation of the cabinet.

Statement 1: They have similar privileges and perks as that of an SC judge of India.
Statement 2:  It is six years.
Statement 3:  The Election Commission may be by unanimous decision, regulate the procedure for transaction of to business as also the allocation of its business amongst the Chief Election Commissioner and their Election Commissioners.

Powers of the commission:
The Commission is vested with the power to regulate its procedure. The Commission, while investigating any matter or inquiring into any complaint, has all the powers of a civil court trying a suit and in particular in respect of the following matters:

• Summoning and enforcing the attendance of any person from any part of India and examining him on oath;
• Requiring the discovery and production of any document;
• Receiving evidence on affidavits;
• Requisitioning any public record from any court or office;
• Issuing summons for the examination of witnesses and documents; and
• Any other matter which the President may determine.

The Central government and the state governments are required to consult the Commission on all major policy matters affecting the SCs.

Statement 2: The Commission is also required to discharge similar functions about the other backward classes (OBCs) and the Anglo-Indian Community as it does concerning the SCs.

• 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.

1. The Salary, allowances, and other service conditions of the Information Commissioner are similar to those of the Election Commissioner.

   This statement is correct. According to the Right to Information Act, 2005, the salary, allowances, and other terms of service of the Chief Information Commissioner and the Information Commissioners are the same as those of the Chief Election Commissioner and Election Commissioners, respectively.

2. Information Commissioner is not eligible for reappointment for the same post.

   This statement is incorrect. According to the Right to Information Act, 2005, the Information Commissioners (including the Chief Information Commissioner) are eligible for reappointment, but the Chief Information Commissioner is not eligible for reappointment as Information Commissioner. However, an Information Commissioner is eligible for appointment as Chief Information Commissioner, provided the total term does not exceed five years.

Therefore, the incorrect statement is: Information Commissioner is not eligible for reappointment for the same post.

So, the correct answer is: 2 Only

Chairman and members of a State Public Service Commission can relinquish their offices at any time by addressing their resignation to the Governor.