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Constitutional Bodies Crux (English)

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0% found this document useful (0 votes)
9 views39 pages

Constitutional Bodies Crux (English)

Uploaded by

vaskar008
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Topic 1: Constitutional Bodies

● Article: 324
● Composition: Chief Election Commissioner + Other Election Commissioners
+ President can appoint Regional Commissioners.
● Appointment: President also determines the size of Election Commission
● Qualification: Not prescribed
● Tenure: 65 years or 6 years whichever is earlier; determined by the President.
● Removal: Chief Election Commissioner- like a Supreme Court Judge; Grounds:
Proven misbehavior or incapacity
● Other: By the President, after consultation with the Chief Election
Commissioner
● Other important facts:
○ Function: Preparing voter list + Conducting election for Parliament +
State Legislature + President + Vice President.
○ Sukumar Sen was the first Chief Election Commissioner of India.
○ V S Ramadevi was the first woman Chief Election Commissioner of
India.
○ First Muslim Chief Election Commissioner of India- SY Qureshi
○ Rajiv Kumar is the 25th Chief Election Commissioner of India.

Union Public Service Commission

● Article: 315 – 323


● Composition: Chairman + other members as may be specified by the
President
● Appointment: President
● Qualification: Not mentioned, however half of the members must have
10 years of experience under the Government of India or State
Government.
● Tenure: 65 or 6 years (for both members and Chairman)

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● Removal: By President, Grounds: Declared insolvent, mental or bodily
infirmity, engaged during the term of office in any paid employment
outside the duties of his office.
● If the removal is on the ground of misbehaviour then enquiry by the
Supreme Court is necessary.
● Report: To the President
● Employment after retirement: Not eligible for employment outside
UPSC, member may be appointed as Chairman of UPSC or State Public
Service Commission. There is no provision for reappointment of UPSC
Chairman.
● Other important facts:
○ The expenses of the Union Public Service Commission are charged
on the Consolidated Fund of India.
○ The first Public Service Commission in India was established under
the Government of India Act, 1919.
○ The first woman chairperson of the Union Public Service
Commission was Rose Bathie.
○ On the request of the Governor of a state and with the prior
permission of the President, the Union Public Service Commission
can also function for that state.

State Public Service Commission

● Article: 315 – 323


● Composition: Chairman + other members, determined by Governor
● Appointment: Governor
● Qualification: Half of the members should have 10 years of experience
under the Government of India or State Government.
● Expenses of the State Public Service Commission are charged on the
Consolidated Fund of the State.

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● Tenure: 62 years of age or 6 years.
● Removal: By President (though appointed by Governor) Grounds for
removal- Same as Union Public Service Commission
● Reports: To Governor
● Employment after retirement: Not eligible for re-appointment or any
other job under the Government. Member can become Chairman of the
same Commission or Chairman or Member of another State Public Service
Commission or Union Public Service Commission. Chairman of State
Public Service Commission can become Chairman of another State Public
Service Commission or Member/Chairman of Union Public Service
Commission.
● Other Important Facts:
○ The expenses of the State Public Service Commission are charged
on the Consolidated Fund of the State.
○ The functions of the State Public Service Commission can be
expanded by the Legislature of the concerned State.

Joint States Public Service Commission

● Article: 315 (Though mentioned in the constitution but it is a statutory


body)
● Composition: Same as UPSC
● Appointment: President
● Qualification: Same as UPSC
● Tenure: 62 years of age or 6 years
● Removal: Same as UPSC
● Submission of report: Governors of states
● Employment after retirement: Chairman can be appointed as
Chairman/Member of UPSC + Member of Joint State Public Service

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Commission can be appointed as Chairman of State Public Service
Commission + Chairman/Member of UPSC
● Other important facts: Parliament constitutes a Joint State Public
Service Commission by law after two or more states pass a resolution for
its formation. (Simple majority required).

Finance Commission

● Article: 280
● Composition: Chairman + 4 other members
● Appointment: President
● Qualification: Determined by Parliament
● Tenure: Appointed once in 5 years
● Removal: Temporary body
● Reports to: President
● Employment after retirement: No restriction
● 15th Finance Commission:-
○ Chairman: Naval Kishore Singh
○ Tenure: 2021-2022 to 2025-2026
○ Members: Ajay Narayan Jha, Prof. Anoop Singh, Dr. Ashok Lahiri, Dr.
Ramesh Chandra
○ Recommendation: Recommendation to keep 41% of the Union
tax receipts with the states and 1% with the Centre for Jammu and
Kashmir and Ladakh
● Other Important Facts:
○ Chairman of the first Finance Commission - K.C. Neogi;
○ Chairman of the Thirteenth Finance Commission - Vijay Kelkar and
○ Chairman of the Fourteenth Finance Commission - V.V. Reddy.
○ Functions of the Finance Commission: Under Article 280 (3), to
advise the President on the following subjects-
■ Distribution of taxes between the Union and the States

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■ The principles governing grants-in-aid
■ Any other matter specified by the President

Goods and Services Tax Council

● Article: 279 A (Added by 101st Constitutional Amendment Act, 2016)


● Composition: Joint forum of the Union and the States; Chairman (Union
Finance Minister) + Union Minister of State (Revenue & Finance) + Finance
& Taxation Ministers of the States or other Ministers nominated by the
States (these elect one among themselves as Vice-Chairman)
● Appointment: President
● Other important facts: The decisions of the Council are taken by a three-
fourth majority of the weighted votes of the members present at the
meeting in accordance with the following principles:
(i) The votes of the Central Government have a weightage equal to one-
third of the total votes cast in the meeting and; (ii) the votes of all the
State Governments have a weightage equal to two-thirds of the total
votes cast in the meeting.

National Commission for SC/ST and OBC

● Article: 338/338A/338B (Part 16)


● Evolution:
○ Original Constitution: Article 338 provided for Special Officers for
SC/STs.
○ 65th Amendment: Special Officer replaced with National Commission
for Scheduled Castes and Scheduled Tribes.
○ 89th Amendment: National Commission for Scheduled Castes and
Scheduled Tribes split into National Commission for Scheduled Castes
(Article 338) and Scheduled Tribes (338A).

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○ 102nd Amendment: Article 338B added for National Commission for
Backward Classes.
● Composition: Chairman + Vice-Chairman + 3 Members
● Appointment: By Presidential warrant under his hand and seal
● Qualification: No qualification prescribed
● Tenure: Prescribed by the President of India (it is usually for 3 years)
● Removal: President
● Reports: To the President
● Employment after retirement: No restriction
● Other important facts:
○ Quasi-judicial body + advisory functions + has powers of 'civil court'.
○ The term backward class is not defined under the Constitution.
○ The President has the power to declare any caste/tribe as Scheduled
Caste or Scheduled Tribe for a State in consultation with the Governor
of that State (Articles 341, 342) however Parliament can add or delete
other castes in the list.

Special Officer For Linguistic Minorities


● Article: 350B (Seventh Constitutional Amendment Act)
● Composition: Single member
● Appointment: President
● Qualification: No qualification prescribed
● Tenure: Prescribed by the President of India (it is generally for 3 years)
● Removal: President
● Report: To the President
● Employment after retirement: Nothing mentioned in the Constitution
● The Special Officer for Linguistic Minorities has been given the
designation of Commissioner. Its headquarters is Prayagraj (Uttar
Pradesh) and regional offices are in Belgaum, Chennai and Kolkata.

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Comptroller and Auditor General

● Article: 148 - 151


● Composition: Single member
● Appointment: By presidential warrant under his hand and seal
● Qualification: Not mentioned in the constitution
● Tenure: 65 years of age or 6 years
● Removal: By the President on the basis of a resolution of the Parliament;
the procedure is similar to the impeachment of a judge of the Supreme
Court.
● Report: To the President
● Employment after retirement: Not eligible for any service under the
Union or State Government.
● Other important facts:
○ In 1857, Lord Canning first created the post of Auditor General for the
purpose of certifying the accounts of the then three presidencies
(Calcutta, Madras and Bombay). In independent India, it was given the
designation of Comptroller and Auditor General of India.
○ V. Narhari Rao was the first Comptroller and Auditor General of
independent India. (1948-54)
○ Free from accounting work since 1976. However, he performs both
accounting and auditing functions for the states.
○ Salary - Same as the judges of the Supreme Court
○ Friend of the 'Public Accounts Committee' as a philosopher and guide.
○ Also called the 'Chief Guardian' of public wealth and guardian of public
funds.
○ Head of the Indian Audit and Accounts Department.
○ Cannot participate in the proceedings of Parliament.
○ Currently, Girish Chandra Murmu holds this post. (Since 2020)

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Attorney General of India/ Advocate General of State

● Article: 76/165
● Composition: Single Member
● Appointment: President/Governor
● Qualification: Attorney General of India should be qualified to be
appointed as a Judge of Supreme Court/ Advocate General of State
should be qualified to be appointed as a Judge of High Court.
● Tenure: At the pleasure of President/Governor
● Removal: No procedure; in case of Attorney General the power lies with
the President and in case of Advocate General the power to take decision
lies with the Governor.
● Report: Not Applicable
● Employment after retirement: No restriction on private legal practice.
● Other Important Facts:
○ Chief Legal Adviser to Government of India/State Government
○ First Law Officer of Government of India/State Government;
remuneration determined by President/Governor
○ Represents Government of India/State Government in Supreme and
High Courts.
○ President/Governor does not seek advice of these bodies. Governor
seeks advice from President, and President from Supreme Court.
○ Enjoys all privileges + immunities of MP/MLA.
○ Cannot give advice against Government + cannot defend any criminal
case.
○ Can be member of any legislative committee without right to vote
○ Can participate in proceedings of Houses of Parliament/State
Legislature and express views; but cannot vote. (Art. 88/Art. 177)

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Previous Years Questions:

Q. Which of the following elections is not conducted by the Election


Commission?

(a) Lok Sabha

(b) Rajya Sabha

(c) Presidential

(d) Local bodies

Answer (d)

Q. The functions of the Election Commission of India are-

I. Conducting all elections to the Parliament and State Legislatures.

II. Conducting elections for the posts of President and Vice President.

III. Recommending imposition of President's rule in a state when conditions


are not conducive for free and fair elections.

IV. Inspection, direction and control of the work of preparing electoral lists.

Select the correct answer from the codes given below-

Code:

(a) I, II, III

(b) I, II, IV

(c) I, III, IV

(d) All four

Answer (b)

Q. The functions of a State Public Service Commission can be assigned to


the Union Public Service Commission with the approval of which one of the
following?
(a) Chief Justice of India

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(b) Prime Minister
(c) Speaker of Lok Sabha
(d) President of India

Answer (d)

Q. Generally, in India, Finance Commission is appointed after every five


years-
(a) To determine the financial position of the states
(b) To determine the financial position of the Central Government
(c) To determine the financial resources of the Central Government
(d) To determine the share of the states in the central grants and the Union
revenues

Answer (d)

Q. Which of the following articles deals with the appointment of Finance


Commission by the President of India?
(a) 200
(b) 250
(c) 280
(d) None of the above

Answer (c)

Q. On whose recommendation is the division of finance between the Centre


and the states done?
(a) Ministry of Finance
(b) Finance Commission
(c) Reserve Bank of India
(d) NABARD

Answer (b)

Q. Which of the following is not correct regarding the Comptroller and


Auditor General of India?
(a) He is appointed by the President.
(b) His salary is the same as that of a Supreme Court Justice.
(c) After retirement, he becomes ineligible for other government service.
(d) He can be removed from office by the President.

Answer (d)

Topic 2: Non-constitutional Bodies

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NITI Aayog

● Background:
○ The Planning Commission was an extra-constitutional body which had
no mention in the Constitution. It was also considered an advisory
body. The Planning Commission was formed on 15 March 1950 by a
resolution of the Union Cabinet, and the Prime Minister was its ex-
officio chairman. The first chairman of the Planning Commission was
Jawaharlal Nehru and the first vice-chairman was Gulzari Lal Nanda. Its
main function was to formulate the five-year plans of India.
○ The National Development Council was formed on 6 August 1952 to
ensure the participation of the states in the formulation of five-year
plans. It is a non-constitutional, non-statutory body. Its chairman is the
Prime Minister and the Chief Ministers of all the states are its
members.
○ The Planning Commission was abolished and on 1 January 2015, 'Niti
Aayog' was brought into existence by a resolution of the Union
Council of Ministers, its full name is - National Institution for
Transforming India. The Prime Minister is the ex-officio chairman of
the Niti Aayog. The current Vice Chairman of NITI Aayog is Suman Beri
(from 1 May 2022), and before him this post was held by Arvind
Panagariya and Rajiv Kumar. The Vice Chairman of NITI Aayog is
appointed by the Prime Minister, and his status is equal to that of a
Cabinet Minister of the Government of India. The first Vice Chairman
of NITI Aayog was Arvind Panagariya. NITI Aayog is based on the
principle of cooperative federalism.
○ M. V. Mathur had proposed the merger of the Finance and Planning
Commissions.

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● Origin and status: Executive Order
● Structure: Prime Minister (Chairman) + Vice President (elected by PM) +
Governing Council (CM + Lt. Governor of Union Territories) + Regional Council
+ Experts + Part Time Members (2) + Ex-officio (4) + CEO
● Qualification: Executive determines.
● Tenure and service details: Executive determines.
● Removal: Executive determines.

National Human Rights Commission

● Origin and status: On 28 September 1993, the then President issued the
Protection of Human Rights Ordinance under Article 123. From this day the
Protection of Human Rights Act 1993 came into effect; Protection of Human
Rights Act, 1993; Statutory; It was constituted on 12 October 1993.

● Composition: Total 5 members (1+1+3) + 7 ex-officio members

● Qualification:
o Chairperson: Chief Justice of India/Supreme Court Judge;
o Other Members: 1 member serving or retired High Court Judge + 3
members should have knowledge or practical experience in human
rights.
o Ex-officio Members (Chairpersons of National Commissions for
Minorities, SC/ST, OBC, Women, Protection of Child Rights + Chief
Commissioner for Persons with Disabilities)
● Appointment: By the President on the recommendation of a committee
consisting of 6 members- Prime Minister + Speaker (Lok Sabha) + Deputy
Speaker (Rajya Sabha) + Leader of Opposition (both Lok Sabha and Rajya
Sabha) + Union Home Minister.
● Tenure and service details: 3 years/70 years of age; can be reappointed.
Salary etc. is determined by the Central Government.
● Removal: By the President in the following situations:

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o Bankruptcy
o Can be removed in case of paid employment outside office
o Infirmity of body and mind
o Unsound mind
o Convicted and sentenced to imprisonment
o Misbehavior or incapacity (President has to refer the case to the
Supreme Court)
● Suo motu cognition Power: Yes
● Quasi-Judicial Power: Yes
● Annual Report: To Central Government
● Other Points:
o In case of violations by armed forces – can only seek report from
Government of India
o Cases which cannot be taken up by the Commission – service
matters, sub-judice matters, benami matters, frivolous matters,
pending for more than 1 year
o The 2019 amendment provided for the post of ‘Secretary-General’
who will be responsible for administrative and financial powers. The
term of office of Chairperson and Members of National and State
Human Rights Commissions reduced from 5 years to 3 years.
➢ The power of NHRC is merely advisory.

State Human Rights Commission

● Origin and status: Protection of Human Rights Act, 1993; Statutory

● Composition: Chairman + 2 persons

● Qualification:

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o Chairperson: Chief Justice of India, Chief Justice of a High Court or a
Judge of a High Court
o Member: High Court Judge (serving or retired) or District Judge (7
years of work experience + knowledge or experience related to
human rights)

● Appointment: By the Governor on the recommendation of a committee.

o Composition of the committee- Chief Minister + Speaker (Legislative


Assembly) + Deputy Speaker (Legislative Council) + Leader of Opposition
(both Legislative Assembly and Legislative Council) + State Home Minister

● Tenure and service details: 3 years/70 years of age; can be reappointed.


Salary etc. is determined by the State Government.

● Removal: By the President:

o Bankruptcy
o Can be removed in case of paid employment outside office
o Infirmity of body and mind
o Unsound mind
o Convicted and sentenced to imprisonment
o Misbehavior or incapacity (President has to refer the case to the
Supreme Court)
● Suo motu power: Yes

● Quasi-judicial power: Yes

● Annual report: To state government

● Other points:

o Violation of human right in State + Concurrent List + Union


Territory (if Central Government provides for it).

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o Exception: Union Territory of Delhi comes under National Human
Rights Commission.

Central Information Commission

● Origin and Status: Right to Information Act, 2005; Statutory

● Composition: Chief Information Commissioner + 10 Information


Commissioners

● Qualification: Eminent and learned person; Person who cannot be appointed


- MP/MLA/Office of profit

● Appointment: By the 'President' on the 'recommendation' of a committee


consisting of Prime Minister (Chairman) + Union Cabinet Minister (nominated
by PM) + Leader of Opposition in Lok Sabha

● Tenure and service details: Determined by Central Government/ 65 years of


age; not eligible for re-appointment.

● Removal: By President; Procedure- Same as National Human Rights


Commission

● Suo motu power: Yes

● Quasi-judicial power: Yes

● Annual report: To Central Government

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State Information Commission

● Origin and Status: Right to Information Act, 2005; Statutory

● Composition: State Information Commissioner + 10 Information


Commissioners

● Qualification: Eminent and learned person; Person who cannot be appointed


- MP/MLA/Office of profit

● Appointment: By the 'Governor' on the 'recommendation' of a committee


consisting of Chief Minister (Chairman) + State Cabinet Minister (nominated
by Chief Minister) + Leader of Opposition in the Legislative Assembly

● Tenure and service details: As prescribed by Central Government/ 65 years


of age; not eligible for re-appointment

● Removal: By Governor; Procedure same as National Human Rights


Commission

● Suo motu power: Yes

● Quasi-judicial power: Yes

● Annual report: State Government

Central Vigilance Commission:

● Origin and Status: Central Vigilance Commission Act, 2003; Statutory

● Composition: 1 Chief Vigilance Commissioner + 2 Vigilance Commissioners

● Appointment: 'President' by warrant under his hand seal (on the basis of
recommendations of a Selection Committee); Composition of Selection
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Committee: 1) Prime Minister + 2) Leader of Opposition (Lok Sabha) + 3)
Union Home Minister

● Tenure and Service Details: 4 years or 65 years of age/ not eligible for re-
appointment

● Removal: By President; Procedure same as National Human Rights


Commission

● Suo motu power: Yes

● Quasi-judicial power: Yes

● Annual Report: To Central Government

● Other Points:

○ Recommendations of K. Santhanam Committee

○ Initially a non-statutory body, it was later made a statutory body by


enacting a law in 2003.

○ To investigate allegations of corruption against ‘some’ officers – not


all (CVC has less jurisdiction than Lokpal).

○ The rank of the Chief Vigilance Commissioner is equivalent to that of


the Chairman of the Union Public Service Commission and other
Vigilance Commissioners are equivalent to that of other members of
the Union Public Service Commission.

National Green Tribunal

● Origin and Status: National Green Tribunal Act, 2010; Statutory

● Composition: 10-20 judicial members + 10-20 expert members

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● Appointment: By the Central Government, after consultation with the Chief
Justice of India

● Qualification: Chairperson- serving or retired Supreme Court Judge/ Chief


Justice of High Court. Appointment is done by a special committee
constituted by the Ministry of Environment.

● Tenure and service details: Varying Retirement age: Chairperson- 70 years,


Judicial Member- 67 years, Non-Judicial Member- 65 years or a term of 5 years

● Suo motu power: Yes

● Quasi-judicial power: Yes

● Other points:
○ Headquarters- Delhi (Branches in Bhopal, Pune, Kolkata, Chennai)

○ Disputes resolved- within 6 months

○ Appeal against decisions- Supreme Court

○ Governed by the principle of ‘natural justice’ (not bound by the Code


of Civil Procedure or the Indian Evidence Act).

Lokpal and Lokayukta:

● Background:
○ Ombudsman is an independent supervisory agency established in
Sweden in 1809. Its objective is to redress the grievances of citizens at
the international level.
○ The first Administrative Reforms Commission constituted under the
chairmanship of Morarji Desai on 5 January 1966 suggested the

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establishment of Lokpal and Lokayukta in India. In 1967, K.
Hanumanthaiya was made the chairman of the first Administrative
Reforms Commission.
○ The Lokpal Bill was first introduced in the Indian Parliament in the
fourth Lok Sabha in 1968.
○ Maharashtra is the first state in India where the Lokayukta office was
established in 1972. Odisha passed the bill related to Lokayukta in
1970, but it was implemented in 1983.
○ Under the Uttar Pradesh Lokayukta Act, 1975, the Lokayukta (8-year
term) submits his report to the Governor, who presents it to both the
houses of the legislature.
○ The Vohra Committee, formed in 1993, aimed to investigate the nexus
between politicians and criminals.
● Origin and Status: Lokpal and Lokayuktas Act, 2013 (This Act was assented
to by the President on 1 January 2014); Statutory; Lokpal was constituted in
March 2019.
● Composition: Chairperson + maximum 8 members (50% judicial members);
At least 50% members should be from Scheduled Castes and Tribes,
Backward Classes, Minorities, and Women categories.
● Qualification: Chairperson- Serving or retired Supreme Court Judge/ Chief
Justice of High Court. Non-judicial members should have minimum 25 years
of experience in matters like anti-corruption, vigilance, and finance etc.
(Retired Supreme Court judge Pinaki Chandra Ghose became its first
chairman. Currently, from 10 March 2024, Justice A.M. Khanwilkar is its
chairman)
● Appointment: Lokpal members are appointed by the President on the basis
of the recommendations of the selection committee headed by the Prime
Minister. This committee consists of- Speaker of Lok Sabha + Leader of
Opposition in Lok Sabha + Chief Justice of India or Supreme Court Judge
(nominated by Chief Justice) + other 4 members recommended by eminent

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jurists. Selection Committee is assisted by Search Committee (to identify
candidates). Lokayuktas are appointed by Governor.
● Tenure and Service Details: Both minimum (45 years) and maximum (70
years) age is prescribed. Tenure – 5 years; no reappointment.
● Removal: By President- If becomes insolvent, engages in paid employment
and is disqualified by reason of infirmity of mind or body or is guilty of
misbehavior. In this case a petition of 100 MPs signed by the Speaker is sent
to Supreme Court. If the court recommends removal then the President
passes an order.
● Suo motu power: No
● Quasi-Judicial Power: No
● Other Points:

a) Prime Minister + MPs + Officers (Group A/B/C/D) + Central Government


Officers + NGOs (who receive donations from foreign sources more than 10
lakh) + All authorities funded by the Government Constitutional/Statutory
Extra-Legal/All authorities come under its jurisdiction.

b) Immunity to Prime Minister: The jurisdiction of Lokpal does not extend to


the Prime Minister in respect of 5 areas – 1) Atomic Energy 2) Security 3)
International Relations 4) Space 5) Public Order.

c) Superintendence over CBI + Power to give directions to CBI + Powers of


Civil Court + Power to seize material obtained through corruption +
Recommending transfer/suspension of public servant etc. also come under
its jurisdiction.

National Women Commission:

● In line with the provisions of CEDAW – Convention on the Elimination of All


Forms of Discrimination against Women.
● Status: Statutory + Quasi-Judicial + Advisory body
● Appointment and Report: Government of India
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● Composition: 7 members (1+5+1), headed by women, no wholly women
body, 1 SC/ST member
● Suo motu power: Yes
● Functions: Fund litigation, prison visits, remand homes etc.

The National Commission for Minorities:

● To address concerns and issues of religious minorities


● Status: Statutory + Quasi-Judicial + Advisory body
● Appointment: By Government of India
● Composition: Chairman + Vice-Chairman + Members (1+1+5); not a purely
minority body.
● The National Commission for Minorities was originally constituted in 1978 as
the Minorities Commission and was granted statutory status under the Act of
1992.

● The Central Government had earlier notified 5 communities (Muslims,


Christians, Sikhs, Buddhists and Parsis) as minorities and added Jains to the
list on 27 January 2014.

National Commission for Protection of Child Rights (NCPCR)

● It fulfils India's commitment under the United Nations Convention on the


Rights of the Child (UNCRC).
● Appointment: By Government of India
● Membership: Chairperson + Vice-Chairperson + Members (1+1+6)
● Recently, the National Commission for Protection of Child Rights was given
the status of ex-officio member in the National Human Rights Commission.
● This Commission works under the Ministry of Women and Child
Development.

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Central Bureau of Investigation

● It is not a statutory body.


● Established by an executive resolution of the Union Home Ministry.
● Draws powers from the Delhi Special Police Establishment Act, 1946.
● The Director of CBI is appointed by a committee consisting of- Prime
Minister + Leader of Opposition in Lok Sabha + Chief Justice of India.
● Tenure of Director – 2 years
● The Government of India can appoint officers above the rank of
Superintendent of Police on the recommendations of a committee headed
by the Chief Vigilance Commissioners, Vigilance Commissioners, Home
Secretary and Personnel.

Law Commission of India (Law Commission)

The Law Commission of India is a body established by the Government of India for
legal reform. It is neither constitutional nor statutory.

● Function: Research and advise the government on improvements in existing


laws.

● Composition: Legal experts, headed by a retired judge.

● Tenure: Established for a fixed period (usually 3 years).

● Status: Advisory body to the Ministry of Law and Justice.

History:

● Established in 1834 (pre-independence) with roots in British rule.

● The first Law Commission of independent India was constituted in 1955.

Important Points:

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● Not a permanent body; reconstituted from time to time.

● Makes recommendations through reports to the government.

● Has addressed various legal areas such as family law, judicial reforms and
road accident laws.

Present Status

● The term of the 22nd Law Commission headed by Justice Ritu Raj Awasthi
has been extended till August 2024.

Previous Years Questions:

1. Niti Aayog was established in India in January, 2015 by-


Ordinance issued by the President

(a) By an Act of Parliament


(b) By a specific resolution passed
(c) By the Union Council of Ministers
(d) None of the above

Answer- (c)

2. Which of the following is not a constitutional institution/body?

(a) Finance Commission


(b) Planning Commission
(c) Public Service Commission
(d) Election Commission

Answer- (b)

3. Who is the Chairman of the Planning Commission?

(a) President
(b) Prime Minister
(c) Finance Minister
(d) Governor of Reserve Bank

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Answer- (b)

4. National Development Council is mainly related to-


(a) Approval of Five Year Plans
(b) Implementation of Rural Development Schemes
(c) Construction of Development Projects
(d) Financial relations between the Centre and the State

Answer- (a)

5. Administrative Reforms Commission, which recommended the creation of


Lokpal and Lokayukta for the first time, was headed by-
(a) Morarji Desai
(b) K. Santhanam
(c) Chaudhary Charan Singh
(d) Babu Jagjivan Ram

Answer-(a)

6. Which of the following statements are correct regarding the Lokpal Bill,
2011?

1. It was introduced in the Lok Sabha on 4th August, 2011.

2. It was introduced by Shri P. Chidambaram, Home Minister.

3. It has been referred to the Standing Committee.

4. It has been termed ‘weak’ by members of the civil society.

Select the correct answer from the code given below:

(a) 1 and 2
(b) 1, 2 and 3 only
(c) 2 and 4 only
(d) 1, 3 and 4

Answer- (d)

7. The term of office of the Lokayukta of Uttar Pradesh is-

(a) 5 years
(b) 6 years
(c) 7 years
(d) 8 years

Answer- (d)

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8. Which of the following is considered as a second generation human right?

(a) Right to Work


(b) Right to live with dignity
(c) Right to Freedom
(d) Right to Equality

Answer- (a)

9. Which of the following is correctly matched?

Institutions Establishment

(a) Inter-State Council - 1990


(b) National Development Council - 1954
(c) Central Vigilance Commission- 1964
(d) National Human Rights Commission- 1993

Answer- (b)

10. Consider the following statements related to the National Commission


appointed for Constitution Revision-

1. Its report will be of recommendatory nature.

2. It has been appointed with the approval of the Parliament.

3. It is headed by Justice M. N. Venkatachaliah.

4. It will focus its attention on the socio-economic needs of the country.

Which of these statements are correct?

(a) 1 and 2
(b) 1 and 3
(c) 1, 2 and 3
(d) 2, 3 and 4

Answer- (b)

11. Which of the following pairs is not correctly matched?

(Institution) (Year of establishment)


(a) Central Bureau of Investigation - 1963
(b) Central Vigilance Commission - 1964
(c) Anti-Corruption Act - 1985

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(d) Enforcement Directorate - 2000

Answer - (c) and (d)

Appendix

Articles at a glance

Article 1 Name and territory of the Union.

Article 2 Admission or establishment of new States.

Article 3 Creation of new States and alteration of areas, boundaries or names of existing

States.

Article 5 Citizenship at the commencement of the Constitution.

Article 6 Citizenship rights of certain persons who have migrated from Pakistan to India.

Article 7 Citizenship rights of certain persons who have migrated to Pakistan.

Article 8 Citizenship rights of certain persons of Indian origin residing outside India.

Article 9 Persons voluntarily acquiring citizenship of foreign States not to be citizens.

Article 14 Right to 'equality before law'.

Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of

birth.

Article 16 Equality of opportunity in matters of public employment.

Article 17 Abolition of untouchability.

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Article 18 Abolition of titles.

Article 19 Article 19 Protection of certain rights related to freedom of speech etc.

Article 20 Protection in respect of conviction for crimes.

Article 21 Protection of life and personal liberty.

Article 21(A) Right to free and compulsory education for all children between 6 and 14

years.

Article 22 Protection from arrest and detention in certain circumstances.

Article 23 Prohibition of human trafficking and forced labour.

Article 24 Prohibition of employment of children in factories etc.

Article 25 Freedom of conscience and to freely profess, practise and propagate religion.

Article 29 Protection of interests of minority groups.

Article 30 Right of minorities to establish and administer educational institutions.

Article 32 Right to constitutional remedies.

Article 38 State shall create social order for the promotion of public welfare. Article - 39

Certain policy elements to be followed by the State.

Article - 39 (A) Equal justice and free legal aid.

Article - 40 Organization of village panchayats.

Article - 41 Right to work, education and public assistance in certain conditions.

Article - 42 Provision for just and humane conditions of work and maternity relief.

Article - 43 Living wages for workers etc.

Article - 44 Provision for a uniform civil code for citizens.

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Article - 45 Provision for early childhood care and education of children below the age of 6

years.

Article - 48 (A) Protection and enhancement of environment and protection of forests and

wildlife.

Article - 50 Separation of judiciary from executive.

Article - 51 Promotion of international peace and security.

Article - 51 (A) Fundamental duties.

Article - 52 President of India.

Article - 54 Election of President.

Article - 55 Method of election of President.

Article - 56 Term of office of President.

Article - 57 Eligibility for re-election.

Article - 58 Qualifications for the office of President.

Article - 60 Oath or affirmation by the President.

Article - 61 Procedure for impeachment of the President.

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Article - 64 Vice-President to be ex-officio Chairman of Rajya Sabha.

Article - 66 Election of Vice-President.

Article - 67 Term of office of Vice-President.

Article - 70 Discharge of functions of President in other contingencies.

Article - 72 Power of pardon by President.

Article - 74 Council of Ministers to aid and advise the President.

Article - 75(1) The Prime Minister shall be appointed by the President and other Ministers

shall be appointed by the President on the advice of the Prime Minister.

Article - 76 Attorney General of India.

Article - 79 Provision for constitution of Parliament.

Article - 80 Composition of Rajya Sabha.

Article - 81 Composition of Lok Sabha.

Article-83 Duration of the Houses of Parliament.

Article-83(1) Rajya Sabha a permanent House.

Article-84 Qualification for membership of Parliament.

Article-85 Sessions of Parliament, prorogation and dissolution.

Article-89 Chairman and Deputy Chairman of Rajya Sabha.


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Article-93 Speaker and Deputy Speaker of Lok Sabha.

Article-98 Secretariat of Parliament.

Article-100(1) Speaker of Lok Sabha to exercise his 'casting' vote [in case of equality of

votes for and against].

Article-105 Powers, privileges, etc., of the Houses of Parliament and of their Members and

Committees.

Article-106 Salaries and allowances of members.

Article-108 Joint sitting of the two Houses in certain cases.

Article-109 Special procedure in respect of Money Bills.

Article-110 Definition of Money Bill.

Article-111 President's assent to a Bill passed by both Houses of Parliament.

Article-112 Annual financial statement.

Article-114 Appropriation Bills.

Article-117 Special provisions regarding Finance Bills.

Article 122 Courts not to inquire into proceedings of Parliament.

Article 123 Power of President to promulgate ordinances during recess of Parliament.

Article 124 Establishment and constitution of Supreme Court.

Article 126 Appointment of acting Chief Justice.

Article 129 Supreme Court to be a court of record.

Article 130 Seat of Supreme Court.

Article 132 Appellate jurisdiction of Supreme Court in appeals from High Courts in certain

cases.

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Article 137 Power of review of Supreme Court.

Article 142 Enforcement of decrees and orders of Supreme Court and orders as to

disclosure, etc.

Article 143 Power of President to consult Supreme Court.

Article 148 Comptroller and Auditor General of India.

Article 149 Duties and powers of Comptroller and Auditor General.

Article 155 Appointment of Governor.

Article 156 Term of office of Governor.

Article 161 Power of Governor to grant pardon, etc. and to suspend, remit or commute

sentences in certain cases.

Article 164(1) Appointment of Chief Minister by Governor and appointment of other

Ministers on the advice of Chief Minister.

Article 165 Advocate General of State.

Article 168 Constitution of State Legislature.

Article 169 Abolition or creation of Legislative Councils in States.

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Article 170 Composition of Legislative Assemblies.

Article 171 Composition of Legislative Councils.

Article 174 Power of Governor to summon, prorogue and dissolve the State Legislature

from time to time.

Article 178 Speaker and Deputy Speaker of Legislative Assembly.

Article 179 Vacancy, resignation and removal of Speaker and Deputy Speaker.

Article 180 Power of Deputy Speaker or other person to perform the duties of the office of

Speaker or to act as Speaker.

Article - 181 Speaker not to preside when a resolution for removal of Speaker or Deputy

Speaker is pending.

Article - 182 Speaker and Deputy Speaker of Legislative Council.

Article - 194 Powers, privileges, etc. of the Houses of Legislatures and of their members and

committees.

Article - 200 Governor to grant or withhold assent to Bills or reserve them for the

consideration of the President.

Article - 201 Bills reserved for consideration.

Article - 213 Power of Governor to issue ordinances during recess of the Legislature.

Article - 214 High Courts for States.

Article - 215 High Courts to be courts of record.

Article - 216 Constitution of High Courts.

Article - 217 Appointment of Judges of High Courts and their terms of office.

Article - 226 Power of High Court to issue certain writs.

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Article - 231 Establishment of a single High Court for two or more States. Article-233

Appointment of District Judges.

Article-239AA Special provision with respect to Delhi.

Article-239B Power of Administrator to promulgate Ordinances during recess of

Legislature.

Article-241 High Court for Union Territories.

Article-243B Constitution of Panchayats.

Article-243D Reservation of seats.

Article-243I Provision for constitution of Finance Commission by the States to make

recommendations on financial matters of Panchayats.

Article-243K Election to Panchayats.

Article-243Q Constitution of Municipalities.

Article-243ZA Election to Municipalities.

Article-243ZD Committee for District Planning.

Article-243ZI Incorporation of Co-operative Societies.

Article-248 Residual Legislative Powers.

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Article-249 Power of Parliament to make laws in national interest with respect to matters in

the State List.

Article - 253 Legislation to give effect to international agreements.

Article - 262 Adjudication of disputes relating to waters of inter-state rivers.

Article - 263 Provisions regarding Inter-State Council.

Article - 266 Provisions regarding Consolidated Funds and Public Accounts of India and the

States.

Article - 267 Contingency Fund of India

Article 275 Grants from the Union to certain States.

Article 279 A Goods and Services Tax Council.

Article 280 Finance Commission

Article 281 Recommendations of the Finance Commission

Article 300 (A) Persons not to be deprived of property without authority of law.

Article 312 All India Services.

Article 315 Public Service Commissions for the Union and the States.

Article 323 A Administrative Tribunals.

Article 324 B Tribunals for other subjects.

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Article 324 Superintendence, direction and control of elections vested in the Election

Commission.

Article 326 Elections to the House of the People and to the State Legislative Assemblies to

be held on the basis of adult suffrage.

Article 330 Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of

the People.

Article 332 Reservation of seats for Scheduled Castes and Scheduled Tribes in the State

Legislative Assemblies.

Article - 333 Representation of Anglo-Indian community in the Legislatures of the States

(Provision for repeal by 104th Constitutional Amendment Act, 2019).

Article - 338 National Commission for Scheduled Castes.

Article - 338 (A) National Commission for Scheduled Tribes.

Article - 338 (B) National Commission for Backward Classes.

Article - 340 Constitution of National Commission for Backward Classes.

Article - 343 Declaration of 'Hindi' as the official language of the Union and Devanagari as

the script.

Article - 344 Official Language Commission.

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Article - 350 (A) Facilities for education in mother tongue at the primary stage.

Article - 352 Declaration of national emergency in case of war or external aggression or

armed rebellion.

Article - 356 Provisions in case of failure of constitutional machinery in the States.

Article - 358 Suspension of the provisions of Article 19 during emergency.

Article - 359 Suspension of operation of rights conferred by Part III during emergency.

Article - 360 Provision for declaring financial emergency.

Article - 365 Effect of failure to comply with or give effect to directions given by the Union.

Article - 368 Power and procedure for Parliament to amend the Constitution.

Article - 371. Special provisions with respect to the States of Maharashtra and Gujarat.

Article - 371A. Special provisions with respect to the State of Nagaland.

Article - 371B. Special provisions with respect to the State of Assam.

Article - 371C Special provisions with respect to the State of Manipur.

Article - 371D Special provisions with respect to the State of Andhra Pradesh or the State of

Telangana.

Article - 371E Establishment of a Central University in Andhra Pradesh.

Article - 371F Special provisions with respect to the State of Sikkim.

Article - 371G Special provisions with respect to the State of Mizoram.

Article - 371 Article - 371H Special provisions with respect to the State of Arunachal Pradesh.

Article - 371I Special provisions with respect to the State of Goa.

Article - 371J Special provisions with respect to the State of Karnataka.

Order of Precedence
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The order of precedence of the Republic of India is a list in which officials,
dignitaries and officers are listed for ceremonial purposes

1. President

2. Vice President

3. Prime Minister

4. Governors of their respective States

5. Former Presidents

5A. Deputy Prime Minister

6. Chief Justice of India, Speaker of Lok Sabha

7. Cabinet Ministers of the Union, Chief Ministers of their respective States, Deputy

Chairman of Planning Commission, Former Prime Ministers, Leaders of Opposition in Rajya

Sabha and Lok Sabha

7A. Holders of Bharat Ratna award

8. Ambassadors Extraordinary and Plenipotentiary and High Commissioners of

Commonwealth countries recognised in India, Chief Ministers of States outside their

respective States, Governors of States outside their respective States

9. Judges of the Supreme Court,

9A. Chief Election Commissioner, Comptroller and Auditor General of India

10. Deputy Chairman, Rajya Sabha, Deputy Chief Ministers of States

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11. Attorney General of India, Cabinet Secretary, Lieutenant Governors of their respective

Union Territories

12. Chiefs of Staff with the rank of Plenipotentiary General or equivalent

13. Envoys Extraordinary and Ministers Plenipotentiary appointed to India

14. Speakers of State Legislatures in their respective States, Chief Justices of High Courts in

their respective jurisdictions

15. Cabinet Ministers in their respective States, Chief Ministers of Union Territories and Chief

Executive Councillor of Delhi, Deputy Ministers of the Union in their respective Union

Territories

16. Acting Chiefs of Staff with the rank of Lieutenant General or equivalent

17. Chairman, Central Administrative Tribunal, Chairman- Minority Commission, Chairman-

Scheduled Castes and Scheduled Tribes Commission, Chairman- Union Public Service

Commission, Chief Justices of High Courts outside their respective jurisdictions, Puisne

Judges of High Courts within their respective jurisdictions.

18. Cabinet Ministers in States outside their respective States, Speakers and Speakers of

State Legislatures outside their respective States, Chairpersons of Monopolies and

Restrictive Trade Practices Commission, Deputy Speakers and Deputy Speakers of State

Legislatures within their respective States, Ministers of State within their respective States,

Ministers of Union Territories and Executive Councillors of Delhi within their respective

Union Territories, Speakers of Legislative Assemblies of Union Territories and Chairman of

Delhi Metropolitan Council within their respective Union Territories

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19. Chief Commissioners of Union Territories not having Council of Ministers, in their

respective Union Territories, Deputy Ministers within their respective States, Deputy

Speakers of Legislative Assemblies in Union Territories and Deputy Chairman of Delhi

Metropolitan Council within their respective Union Territories.

20. Deputy Chairpersons and Deputy Speakers of State Legislatures outside their respective

States, Ministers of State within their respective States, Subordinate Judges of High Courts

outside their respective jurisdictions

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