Test: Polity- 6 - UPSC MCQ

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 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.

Other disputes of commercial nature between the centre and the states; questions of political nature; disputes arising out of a pre-constitutional agreement or treaty etc. also do not come under original jurisdiction of the SC.

Statement 1: It is done by Department of Economic Affairs.
Statement 2:  Estimates Committee only examines the economic efficiency and rationale behind government expenditures that too after the budget has been enacted. It has no right to suggest cuts.
Statement 3: A bill needs to be passed by the government for any such withdrawal.

All of the executive authority vested in the President are, in practice, exercised by the Prime Minister with the help of the Council of Ministers.
So, to dismiss a minister, including cabinet ministers, the President requires the consent of the Prime Minister.
Without PM’s advice, it would be unconstitutional to remove a minister.

Powers of the commission:
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 powers 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 on all major policy matters affecting the SCs.
Statement 2: The Commission is also required to discharge similar functions with regard to the other backward classes (OBCs) and the Anglo-Indian Community as it does with respect to the SCs.

• President may, with the consent of the state government, entrust to that government any of the executive functions of the Centre. Conversely, the governor of a state may, with the consent of the Central government, entrust to that government any of the executive functions of the state.
• Constitution also makes a provision for the entrustment of the executive functions of the Centre to a state without the consent of that state. But, in this case, the delegation is by the Parliament and not by the president. Notably, the same thing cannot be done by the state legislature.

In respect of matters on which both the Parliament and the state legislatures have power of legislation (i.e., the subjects enumerated in the Concurrent List), the executive power rests with the states except when a Constitutional provision or a parliamentary law specifically confers it on the Centre.

• Swaran Singh Committee suggested the incorporation of eight Fundamental Duties in the Constitution, the 42nd Constitutional Amendment Act (1976) included ten Fundamental Duties
• Certain recommendations of the Committee were not accepted and hence, not incorporated in the Constitution. These include:
• Parliament may provide for the imposition of such penalty or punishment as may be
• considered appropriate for any non-compliance with or refusal to observe any of the duties
• No law imposing such penalty or punishment shall be called in question in any court on the ground of infringement of any of Fundamental Rights or on the ground of repugnancy to any other provision of the Constitution
• Duty to pay taxes should also be a Fundamental Duty of the citizens

• The idea of Directive Principles of State Policy was borrowed from Irish Constitution of 1937. Hence, statement 1 is correct
• Directive Principles resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935. In the words of Dr B R Ambedkar, ‘the Directive Principles are like the instrument of instructions, which were issued to the Governor-General and to the Governors of the colonies of India by the British Government under the Government of India Act of 1935. What is called Directive Principles is merely another name for the instrument of instructions. The only difference is that they are instructions to the legislature and the executive’. Hence, statement 2 is correct
• 44th Amendment Act of 1978 added one more Directive Principle, which requires the State to minimise inequalities in income, status, facilities and opportunities (Article 38). Hence, statement 3 is correct

A person to be appointed as a judge of the Supreme Court should have the following qualifications:

• He should be a citizen of India. Hence, statement 1 is correct
• (a) He should have been a judge of a High Court (or high courts in succession) for five years; hence, statement 3 is incorrect or
  (b) He should have been an advocate of a High Court (or High Courts in succession) for ten years; or
  (c) He should be a distinguished jurist in the opinion of the president.

Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court. Hence, statement 2 is incorrect

Statement 1: The chairman and members of the SATs are appointed by the president after consultation with the governor of the state concerned.
Statement 2: The Governor can remove the State Chief Information Commissioner or any State Information Commissioner from the office under the following circumstances:
(a) if he is adjudged an insolvent; or (b) if he has been convicted of an offence which (in the opinion of the Governor) involves a moral turpitude; or (c) if he engages during his term of office in any paid employment outside the duties of his office; or (d) if he is (in the opinion of the Governor) unfit to continue in office due to infirmity of mind or body; or (e) if he has acquired such financial or other interest as is likely to affect prejudicially his official functions.
In addition to these, the Governor can also remove the State Chief Information Commissioner or any State Information Commissioner on the ground of proved misbehaviour or incapacity. However, in these cases, the Governor has to refer the matter to the Supreme Court for an enquiry. If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, then the Governor can remove him.

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.

The word SOVEREIGN means People have supreme right to make decisions on internal as well as external matters. No external power can dictate the government of India.

Right to freedom (Articles 19–22)
(a) Protection of six rights regarding freedom of:
(i) speech and expression,
(ii) assembly, 
(iii) association, 
(iv) movement, 
(v) residence, and 
(vi) profession (Article 19).
(b) Protection in respect of conviction for offences (Article 20).
(c) Protection of life and personal liberty (Article 21).
(d) Right to elementary education (Article 21A).
(e) Protection against arrest and detention in certain cases (Article 22).

Option B: To minimize inequalities in income, status, facilities and opportunities- This is added to Article 38 through 44th Constitutional Amendment Act.
Option A: To promote the welfare of the people by securing a social order permeated by justice – This provision is Originally available under the Article 38.
Option C and Option D: These provisions are added through 42nd Constitutional Amendment.

The CAG is integrated audit machinery auditing both centre and states. CAG does not merely audits the accounts for legality but also for performance of the government expenditure. The states have no power over the election and removal of CAG.
During the financial emergency the centre becomes all powerful that constrains the fiscal space of states.
Finance commission recommends grants to the states. The role of states is limited in getting the desired grants sanctioned.

Under this provision, the Centre makes grants to the states. These grants are known as discretionary grants, the reason being that the Centre is under no obligation to give these grants and the matter lies within its discretion.10

Statement 2: Speaker, Lok Sabha only is authorized to do so.
Statement 3: Both the executive and legislature in India have powers to shake each other’s existence. Executive (PM) can recommend dissolution of lower house to the President.
On the other hand, legislature can pass no-confidence motion to remove the council of Ministers from office.

There are usually three sessions in a year, viz,
Budget Session (February to May);
Monsoon Session (July to September); and
Winter Session (November to December).
June comes under Summer vacation.
The president from time to time summons each House of Parliament to meet. But, the maximum gap between two sessions of Parliament cannot be more than six months. The Parliament must meet at least twice a year.

State governments are not mere agents of Union government. They derive their authority from the Indian constitution. They are not subordinate to the Centre. Instead, the Centre is more powerful than the state governments to maintain the unity and integrity of the Indian union.

The Directive Principles resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935.
In the words of Dr B R Ambedkar, ‘the Directive Principles are like the instrument of instructions, which were issued to the Governor-General and to the Governors of the colonies of India by the British Government under the Government of India Act of 1935.

The Constitution empowers the Parliament to make laws on the subjects enumerated in the State List under the following five abnormal circumstances
(a) when Rajya Sabha passes a resolution to that effect.
(b) when a proclamation of National Emergency is in operation.
(c) when two or more states make a joint request to the Parliament.
(d) when necessary to give effect to international agreements, treaties and conventions.
(e) when President’s Rule is in operation in the state.

Inter State council is a constitutional body under Article 263 of the constitution. It was established by Presidential Order dated 28th May, 1990 on recommendation of Sarkaria Commission. The purpose of the Interstate council is to facilitate coordination between states and the centre.

The Indian Constitution not only provides for the legislative, executive and judicial organs of the government (Central and state) but also establishes certain independent bodies. They are envisaged by the Constitution as the bulwarks of the democratic system of Government in India. 

These are:
(a) Election Commission to ensure free and fair elections to the Parliament, the state legislatures, the office of President of India and the office of Vice-president of India.
(b) Comptroller and Auditor-General of India to audit the accounts of the Central and state governments. He acts as the guardian of public purse and comments on the legality and propriety of government expenditure.
(c) Union Public Service Commission to conduct examinations for recruitment to all-India services and higher Central services and to advise the President on disciplinary matters.
(d) State Public Service Commission in every state to conduct examinations for recruitment to state services and to advice the governor on disciplinary matters.

Option b) is valid in the Presidential system as in USA.
A Parliament may not be based on democratic elections or even adult franchise. It can be an entirely nominated body as it largely used to be in the colonial rule. So, a) and c) are incorrect.
In India, executive is a part of the legislature, and the legislature is led by the executive. So, d) is the correct option.