Chapter 41 Union Territories

599. What three categories of territories does the territory of India comprise under Article 1 of the Constitution?

Under Article 1 of the Constitution, the territory of India comprises: (a) territories of the states; (b) union territories; and (c) territories that may be acquired by the Government of India at any time.

600. How many states and union territories are there in India currently?

At present, there are twenty-eight states and eight union territories.

601. What is the relationship between states and the Centre in the Indian federal system?

The states are members of the federal system and share a distribution of power with the Centre.

602. How are union territories administered, and what is their relationship with the Central government?

Union territories are under the direct control and administration of the Central government, hence known as ‘centrally administered territories’.

603. What were ‘scheduled districts’ later known as during British Rule?

During the British Rule, ‘scheduled districts’ later came to be known as ‘chief commissioners provinces’.

604. How were these territories classified in the Constitution after independence?

After independence, they were placed in the category of Part ‘C’ States and Part ‘D’ Territories.

605. When were these territories constituted as ‘union territories’, and by which Acts?

In 1956, they were constituted as the ‘union territories’ by the 7th Constitutional Amendment Act (1956) and the States Reorganisation Act (1956).

606. Which former union territories were later elevated to statehood?

Himachal Pradesh, Manipur, Tripura, Mizoram, Arunachal Pradesh, and Goa were formerly union territories.

607. Which territories acquired from the Portuguese and French were constituted as union territories?

Territories acquired from the Portuguese (Goa, Daman and Diu, and Dadra and Nagar Haveli) and the French (Puducherry) were constituted as the union territories.

608. What are the eight Union Territories and their years of creation?

The eight Union Territories and their years of creation are:

Andaman and Nicobar Islands—1956
Delhi—1956
Lakshadweep—1956
Puducherry—1962
Chandigarh—1966
Jammu and Kashmir—2019
Ladakh—2019
Dadra and Nagar Haveli and Daman and Diu—2020

609. What was Lakshadweep known as until 1973?

Till 1973, Lakshadweep was known by the name of Laccadive, Minicoy and Amindivi Islands.

610. When was Delhi redesignated as the National Capital Territory of Delhi?

In 1992, Delhi was redesignated as the National Capital Territory of Delhi.

611. What was Puducherry known as until 2006?

Till 2006, Puducherry was known as Pondicherry.

612. What are the reasons for the creation of union territories?

Reasons include:

Political and administrative consideration (Delhi and Chandigarh).
Cultural distinctiveness (Puducherry and Dadra and Nagar Haveli and Daman and Diu).
Strategic importance (Andaman and Nicobar Islands and Lakshadweep).
Special treatment and care of backward and tribal people (Mizoram, Manipur, Tripura and Arunachal Pradesh, which later became states).

613. What were the reasons given by the central government for the bifurcation of Jammu and Kashmir into two separate union territories in 2019?

The reasons were:

To realize the aspirations of people in Ladakh division by giving it UT status without a legislature due to its large area, sparse population, and difficult terrain.
To address the prevailing internal security situation fueled by cross-border terrorism in the existing state by creating a separate UT for Jammu and Kashmir with a legislature.

614. When were the union territories of Dadra and Nagar Haveli and Daman and Diu merged into a single union territory?

In 2020, the erstwhile two separate union territories of Dadra and Nagar Haveli (originally created in 1961) and Daman and Diu (originally created in 1962) were merged into a new union territory of Dadra and Nagar Haveli and Daman and Diu.

615. What were the reasons given by the central government for the merger of Dadra and Nagar Haveli and Daman and Diu?

Reasons included:

Shared administrative setup, history, language, and culture, with common secretaries and All-India Services officers.
Duplication of work due to two secretariats and parallel departments.
Duplicacy, inefficiency, wasteful expenditure, financial burden, and challenges for cadre management and career progression.
Policy of “Minimum Government, Maximum Governance” to efficiently use officer services.

616. Which Articles in Part VIII of the Constitution deal with the union territories?

Articles 239 to 241 in Part VIII of the Constitution deal with the union territories.

617. How is every union territory administered?

Every union territory is administered by the President acting through an administrator appointed by him/her.

618. What is the status of an administrator of a union territory?

An administrator of a union territory is an agent of the President and not head of state like a governor.

619. What are the designations for an administrator of a union territory?

The President can specify the designation, which may be Lieutenant Governor or Chief Commissioner or Administrator.

620. What is the current designation for the administrator in Delhi, Puducherry, Andaman and Nicobar Islands, Jammu and Kashmir, and Ladakh?

At present, it is Lieutenant Governor in these UTs.

621. What is the current designation for the administrator in Chandigarh, Dadra and Nagar Haveli and Daman and Diu, and Lakshadweep?

At present, it is Administrator in these UTs.

622. Can the President appoint the governor of a state as the administrator of an adjoining union territory?

Yes, the President can also appoint the governor of a state as the administrator of an adjoining union territory.

623. How does a governor act when appointed as an administrator of a union territory?

In that capacity, the governor is to act independently of his/her council of ministers.

624. Which Union Territories are provided with a legislative assembly and a council of ministers?

The Union Territories of Puducherry (in 1963), Delhi (in 1992), and Jammu and Kashmir (in 2019) are provided with a legislative assembly and a council of ministers headed by a chief minister.

625. Do the remaining six union territories have popular political institutions like a legislative assembly?

No, the remaining six union territories do not have such popular political institutions.

626. Does the establishment of local legislatures in union territories diminish the supreme control of the President and Parliament?

No, the establishment of such institutions in the union territories does not diminish the supreme control of the President and Parliament over them.

627. What is the Parliament’s power to make laws for union territories?

The Parliament can make laws on any subject of the three lists (including the State List) for the union territories.

628. What is the legislative power of the legislative assembly of Puducherry?

The legislative assembly of Puducherry can make laws on any subject of the State List and the Concurrent List.

629. What is the legislative power of the legislative assembly of Delhi?

The legislative assembly of Delhi can make laws on any subject of the State List (except public order, police and land) and the Concurrent List.

630. What is the legislative power of the legislative assembly of Jammu and Kashmir?

The legislative assembly of Jammu and Kashmir can make laws on any subject of the State List (except public order and police) and the Concurrent List.

631. What power does the President have to make regulations for certain union territories?

The President can make regulations for the peace, progress and good government of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, and Ladakh.

632. When can the President legislate by making regulations for Puducherry?

In the case of Puducherry, the President can legislate by making regulations only when the assembly is suspended or dissolved.

633. What is the force and effect of a regulation made by the President for union territories?

A regulation made by the President has the same force and effect as an act of Parliament and can also repeal or amend any act of Parliament in relation to these union territories.

634. Can the Parliament establish a high court for a union territory?

Yes, the Parliament can establish a high court for a union territory or put it under the jurisdiction of the high court of adjacent state.

635. Which is the only union territory that has a high court of its own?

Delhi is the only union territory that has a high court of its own (since 1966).

636. Which High Court has jurisdiction over the union territory of Dadra and Nagar Haveli and Daman and Diu?

The Bombay High Court has jurisdiction over the union territory of Dadra and Nagar Haveli and Daman and Diu.

637. Which High Courts have jurisdiction over Andaman and Nicobar Islands, Chandigarh, Lakshadweep, and Puducherry respectively?

Andaman and Nicobar Islands are under Calcutta High Court, Chandigarh under Punjab and Haryana High Court, Lakshadweep under Kerala High Court, and Puducherry under Madras High Court.

638. What is the common high court for the union territories of Jammu and Kashmir, and Ladakh?

The Jammu and Kashmir & Ladakh High Court is the common high court for these two union territories.

639. Does the Constitution contain separate provisions for the administration of acquired territories?

No, the Constitution does not contain any separate provisions for the administration of acquired territories.

640. Do the constitutional provisions for the administration of union territories apply to acquired territories?

Yes, the constitutional provisions for the administration of union territories also apply to the acquired territories.

641. What special status was provided to the Union Territory of Delhi by the 69th Constitutional Amendment Act of 1991?

The 69th Constitutional Amendment Act of 1991 provided a special status to the Union Territory of Delhi, redesignating it the National Capital Territory of Delhi and designating the administrator as the lieutenant (lt.) governor.

642. What institutions were created for Delhi by the 69th Constitutional Amendment Act?

It created a legislative assembly and a council of ministers for Delhi.

643. What is the strength of the Delhi assembly, and how are its members elected?

The strength of the assembly is fixed at 70 members, directly elected by the people.

644. Who conducts the elections for the Delhi assembly?

The elections are conducted by the election commission of India.

645. What matters can the Delhi assembly make laws on?

The assembly can make laws on all the matters of the State List and the Concurrent List, except for public order, police, and land.

646. What is the rule if there is a conflict between laws made by the Parliament and the Delhi Assembly?

The laws of Parliament prevail over those made by the Assembly.

647. What is the strength of the council of ministers in Delhi?

The strength of the council of ministers is fixed at ten per cent of the total strength of the assembly, which is seven (one chief minister and six other ministers).

648. Who appoints the chief minister and other ministers in Delhi?

The chief minister is appointed by the President (not by the lt. governor), and the other ministers are appointed by the President on the advice of the chief minister.

649. What is the tenure of the ministers in Delhi?

The ministers hold office during the pleasure of the President.

650. To whom is the council of ministers in Delhi collectively responsible?

The council of ministers is collectively responsible to the assembly.

651. What is the role of the council of ministers in aiding and advising the lt. governor in Delhi?

The council of ministers headed by the chief minister aid and advise the lt. governor in the exercise of his/her functions except in so far as he/she is required to act in his/her discretion.

652. What happens if there is a difference of opinion between the lt. governor and his/her ministers in Delhi?

In case of difference of opinion, the lt. governor is to refer the matter to the President for decision and act accordingly.

653. What can the President do if the constitutional machinery fails in Delhi?

The President can suspend the operation of the provisions and make necessary incidental or consequential provisions for administering the territory, similar to Article 356 (President’s Rule) in states.

654. What power does the lt. governor have regarding ordinances during the recess of the assembly?

The lt. governor is empowered to promulgate ordinances during recess of the assembly.

655. What is the force of an ordinance promulgated by the lt. governor?

An ordinance has the same force as an act of the assembly.

656. What is required for an ordinance promulgated by the lt. governor to remain in force?

Every such ordinance must be approved by the assembly within six weeks from its reassembly.

657. Can the lt. governor withdraw an ordinance?

Yes, he can also withdraw an ordinance at any time.

658. When can the lt. governor not promulgate or withdraw an ordinance?

He cannot promulgate or withdraw an ordinance when the assembly is dissolved or suspended, and requires prior permission of the President.

659. Which ministry is the nodal ministry for all matters of Union Territories under the Government of India (Allocation of Business) Rules 1961?

The Ministry of Home Affairs is the nodal ministry for all matters of Union Territories.

660. What is the forum for UTs without legislature, and who chairs it?

All five UTs without legislature (Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Lakshadweep and Ladakh) have the forum of Home Minister’s Advisory Committee (HMAC)/Administrator’s Advisory Committee (AAC). HMAC is chaired by the Union Home Minister, and AAC is chaired by the Administrator of the concerned UTs.

661. What is the executive head of Andaman and Nicobar Islands?

The executive head of Andaman and Nicobar Islands is Lt. Governor.

662. What is the judiciary for Andaman and Nicobar Islands?

The judiciary for Andaman and Nicobar Islands is Under Calcutta High Court.

663. What is the executive head of Chandigarh?

The executive head of Chandigarh is Administrator.

664. What is the judiciary for Chandigarh?

The judiciary for Chandigarh is Under Punjab and Haryana High Court.

665. What is the executive head of Dadra and Nagar Haveli and Daman and Diu?

The executive head of Dadra and Nagar Haveli and Daman and Diu is Administrator.

666. What is the judiciary for Dadra and Nagar Haveli and Daman and Diu?

The judiciary for Dadra and Nagar Haveli and Daman and Diu is Under Bombay High Court.

667. What are the executive heads of Delhi?

The executive heads of Delhi are Lt. Governor, Chief minister, and Council of ministers.

668. What is the legislature for Delhi?

The legislature for Delhi is Legislative Assembly.

669. What is the judiciary for Delhi?

The judiciary for Delhi is Separate High Court.

670. What is the executive head of Lakshadweep?

The executive head of Lakshadweep is Administrator.

671. What is the judiciary for Lakshadweep?

The judiciary for Lakshadweep is Under Kerala High Court.

672. What are the executive heads of Puducherry?

The executive heads of Puducherry are Lt. Governor, Chief minister, and Council of ministers.

673. What is the legislature for Puducherry?

The legislature for Puducherry is Legislative Assembly.

674. What is the judiciary for Puducherry?

The judiciary for Puducherry is Under Madras High Court.

675. What are the executive heads of Jammu and Kashmir?

The executive heads of Jammu and Kashmir are Lt. Governor, Chief Minister, and Council of Ministers.

676. What is the legislature for Jammu and Kashmir?

The legislature for Jammu and Kashmir is Legislative Assembly.

677. What is the judiciary for Jammu and Kashmir?

The judiciary for Jammu and Kashmir is Under Jammu and Kashmir & Ladakh High Court.

678. What is the executive head of Ladakh?

The executive head of Ladakh is Lt. Governor.

679. What is the judiciary for Ladakh?

The judiciary for Ladakh is Under Jammu and Kashmir & Ladakh High Court.

680. What is the nature of the relationship with the Centre for States versus Union Territories?

For States, the relationship with the Centre is federal. For Union Territories, the relationship with the Centre is unitary.

681. What is the distribution of power for States versus Union Territories?

States share a distribution of power with the Centre. Union Territories are under the direct control and administration of the Centre.

682. What is the level of autonomy for States versus Union Territories?

States have autonomy. Union Territories do not have any autonomy.

683. What is the uniformity in administrative set-up for States versus Union Territories?

There is uniformity in administrative set-up for States. There is no uniformity in administrative set-up for Union Territories.

684. What is the executive head known as for States versus Union Territories?

For States, the executive head is known as governor. For Union Territories, the executive head is known by various designations—administrator or lieutenant governor or chief commissioner.

685. What is the constitutional head for States versus Union Territories?

A governor is the constitutional head of the state. An administrator is an agent of the president.

686. What is the Parliament’s power to make laws on state list subjects for States versus Union Territories?

For States, Parliament cannot make laws on state list subjects except under extraordinary circumstances. For Union Territories, Parliament can make laws on any subject of the three lists.

687. Which Article of the Constitution deals with the Administration of Union territories?

Article 239 deals with the Administration of Union territories.

688. Which Article of the Constitution deals with the Creation of local Legislatures or Council of Ministers or both for certain Union territories?

Article 239A deals with the Creation of local Legislatures or Council of Ministers or both for certain Union territories.

689. Which Article of the Constitution deals with Special provisions with respect to Delhi?

Article 239AA deals with Special provisions with respect to Delhi.

690. Which Article of the Constitution deals with Provision in case of failure of constitutional machinery for Union territories?

Article 239AB deals with Provision in case of failure of constitutional machinery.

691. Which Article of the Constitution deals with the Power of administrator to promulgate Ordinances during recess of Legislature?

Article 239B deals with the Power of administrator to promulgate Ordinances during recess of Legislature.

692. Which Article of the Constitution deals with the Power of President to make regulations for certain Union territories?

Article 240 deals with the Power of President to make regulations for certain Union territories.

693. Which Article of the Constitution deals with High Courts for Union territories?

Article 241 deals with High Courts for Union territories.

694. Which Article of the Constitution dealt with Coorg (now repealed)?

Article 242 dealt with Coorg (Repealed).

Chapter 42 Scheduled and Tribal Areas

695. Which Article and Part of the Constitution envisage a special system of administration for ‘scheduled areas’ and ‘tribal areas’?

Article 244 in Part X of the Constitution envisages a special system of administration for ‘scheduled areas’ and ‘tribal areas’.

696. Which Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in any state, except four specific states?

The Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in any state, except Assam, Meghalaya, Tripura, and Mizoram.

697. Which Schedule of the Constitution deals with the administration of tribal areas in the four northeastern states?

The Sixth Schedule of the Constitution deals with the administration of the tribal areas in the four northeastern states of Assam, Meghalaya, Tripura, and Mizoram.

698. What is the purpose of scheduled areas?

The purpose of scheduled areas is to preserve tribal autonomy, their culture and economic empowerment; ensure social, economic and political justice and preservation of peace and good governance; and protect tribals from social injustice and exploitation.

699. What is the Fifth Schedule sometimes called?

The Fifth Schedule has been called as “a constitution within a constitution”.

700. Who is empowered to declare an area to be a scheduled area?

The President is empowered to declare an area to be a scheduled area.

701. What powers does the President have regarding the boundaries and designation of scheduled areas?

He/she can also increase or decrease its area, alter its boundary lines, rescind such designation, or make fresh orders for such redesignation on an area in consultation with the governor of the state concerned.

702. What are the criteria for declaring any area as a scheduled area?

The criteria are:

Preponderance of tribal population.
Compactness and reasonable size of the area.
A viable administrative entity such as a District, Block or Taluk.
Economic backwardness of the area as compared to the neighbouring areas.

703. Is the executive power of a state extended to the scheduled areas within it?

Yes, the executive power of a state extends to the scheduled areas therein.

704. What special responsibility does the governor have regarding scheduled areas?

The governor has a special responsibility regarding such areas, and he/she has to submit a report to the President annually or as required.

705. What is the extent of the executive power of the Centre regarding scheduled areas?

The executive power of the Centre extends to giving directions to the states regarding the administration of such areas.

706. What is the purpose of a Tribes Advisory Council?

Each state having scheduled areas has to establish a tribes advisory council to advise on welfare and advancement of the scheduled tribes.

707. What is the composition of a Tribes Advisory Council?

It is to consist of 20 members, three-fourths of whom are to be the representatives of the scheduled tribes in the state legislative assembly.

708. Can a Tribes Advisory Council be established in a state without scheduled areas?

Yes, a similar council can also be established in a state having scheduled tribes but not scheduled areas therein, if the President so directs.

709. Who is empowered to direct that a particular act of Parliament or state legislature does not apply to a scheduled area, or applies with modifications?

The governor is empowered to direct this.

710. What regulations can the governor make for the peace and good government of a scheduled area?

The governor can make regulations after consulting the tribes advisory council, which may prohibit or restrict land transfer by or among scheduled tribes, regulate land allotment to scheduled tribes, and regulate money-lending business in relation to scheduled tribes.

711. What is required for any regulation made by the governor for a scheduled area to repeal or amend an act of Parliament or state legislature?

All such regulations require the assent of the President.

712. What does the Constitution require the President to appoint regarding scheduled areas and tribal welfare?

The Constitution requires the President to appoint a commission to report on the administration of the scheduled areas and the welfare of the scheduled tribes in the states.

713. When must the President compulsorily appoint such a commission?

He/she can appoint such a commission at any time but compulsorily after ten years of the commencement of the Constitution.

714. Who headed the first commission appointed in 1960 to report on scheduled areas and tribal welfare?

The first commission, appointed in 1960, was headed by U.N. Dhebar.

715. Who headed the second commission appointed in 2002?

The second commission, appointed in 2002, was headed by Dilip Singh Bhuria.

716. What special provisions does the Constitution contain under the Sixth Schedule?

The Constitution, under Sixth Schedule, contains special provisions for the administration of tribal areas in the four north-eastern states of Assam, Meghalaya, Tripura, and Mizoram.

717. What is the rationality behind the special arrangements for these four states under the Sixth Schedule?

The rationality lies in preserving the democratic traditions and cultural diversity of the people in these regions, as many communities had ruled themselves until the British subjugated them.

718. How are the tribal areas in the four north-eastern states constituted under the Sixth Schedule?

The tribal areas in the four states of Assam, Meghalaya, Tripura, and Mizoram have been constituted as autonomous districts.

719. Do these autonomous districts fall outside the executive authority of the state concerned?

No, they do not fall outside the executive authority of the state concerned.

720. Who is empowered to organise and re-organise the autonomous districts?

The governor is empowered to organise and re-organise the autonomous districts.

721. What can the governor do if there are different tribes in an autonomous district?

If there are different tribes in an autonomous district, the governor can divide the district into several autonomous regions.

722. What is the composition of a district council in each autonomous district?

Each autonomous district has a district council consisting of 30 members, of whom four are nominated by the governor and the remaining 26 are elected on the basis of adult franchise.

723. What is the term of office for elected and nominated members of a district council?

The elected members hold office for a term of five years (unless dissolved earlier), and nominated members hold office during the pleasure of the governor.

724. Does each autonomous region have a separate regional council?

Yes, each autonomous region also has a separate regional council.

725. What is the role of the district and regional councils in administering the areas under their jurisdiction?

The district and regional councils administer the areas under their jurisdiction and can make laws on certain specified matters like land, forests, canal water, shifting cultivation, village administration, inheritance of property, marriage and divorce, social customs, and so on.

726. What is required for the laws made by the district and regional councils to be valid?

All such laws require the assent of the governor.

727. What can the district and regional councils constitute within their territorial jurisdictions?

The district and regional councils can constitute village councils or courts for trial of suits and cases between the tribes.

728. Who hears appeals from the village councils or courts constituted by the district and regional councils?

They hear appeals from them.

729. Who specifies the jurisdiction of the high court over these suits and cases?

The jurisdiction of high court over these suits and cases is specified by the governor.

730. What can the district council establish, construct, or manage in the district?

The district council can establish, construct, or manage primary schools, dispensaries, markets, ferries, fisheries, roads, and so on.

731. What regulations can the district council make for the control of money lending and trading by non-tribals?

It can also make regulations for the control of money lending and trading by non-tribals.

732. What is required for regulations made by the district council for money lending and trading to be valid?

Such regulations require the assent of the governor.

733. What financial powers are the district and regional councils empowered with?

The district and regional councils are empowered to assess and collect land revenue and to impose certain specified taxes.

734. Do the acts of Parliament or the state legislature apply to autonomous districts and autonomous regions?

The acts of Parliament or the state legislature do not apply to autonomous districts and autonomous regions or apply with specified modifications and exceptions.

735. What power does the governor have regarding the administration of autonomous districts or regions?

The governor can appoint a commission to examine and report on any matter relating to the administration of the autonomous districts or regions.

736. Can the governor dissolve a district or regional council?

Yes, he/she may dissolve a district or regional council on the recommendation of the commission.

737. What are the Tribal Areas in Assam?

The Tribal Areas in Assam are: North Cachar Hills District, Karbi Anglong District, and Bodoland Territorial Areas District.

738. What are the Tribal Areas in Meghalaya?

The Tribal Areas in Meghalaya are: Khasi Hills District, Jaintia Hills District, and Garo Hills District.

739. What is the Tribal Area in Tripura?

The Tribal Area in Tripura is: Tripura Tribal Areas District.

740. What are the Tribal Areas in Mizoram?

The Tribal Areas in Mizoram are: Chakma District, Mara District, and Lai District.

741. Which Article of the Constitution deals with the Administration of Scheduled Areas and Tribal Areas?

Article 244 deals with the Administration of Scheduled Areas and Tribal Areas.

742. Which Article of the Constitution deals with the Formation of an autonomous state comprising certain tribal areas in Assam and creation of local legislature or Council of Ministers or both therefore?

Article 244A deals with the Formation of an autonomous state comprising certain tribal areas in Assam and creation of local legislature or Council of Ministers or both therefore.

743. Which Article of the Constitution deals with the Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes?

Article 339 deals with the Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes.

Chapter 43 Election Commission

744. What is the nature of the Election Commission, and what is its primary function?

The Election Commission is a permanent and independent body established by the Constitution of India to ensure free and fair elections in the country.

745. Which Article of the Constitution vests the power of superintendence, direction, and control of elections in the Election Commission?

Article 324 of the Constitution vests this power in the Election Commission.

746. What elections fall under the Election Commission’s power of superintendence, direction, and control?

This power extends to elections to parliament, state legislatures, the office of President of India, and the office of Vice-President.

747. Is the Election Commission an All-India body?

Yes, the Election Commission is an All-India body as it is common to both the Central government and the state governments.

748. Is the Election Commission concerned with elections to panchayats and municipalities in the states?

No, the Election Commission is not concerned with the elections to panchayats and municipalities in the states.

749. What body is responsible for elections to panchayats and municipalities?

For elections to panchayats and municipalities, the Constitution provides for a separate State Election Commission.

750. What is the composition of the Election Commission as per Article 324?

The Election Commission consists of the chief election commissioner and such number of other election commissioners, if any, as the President may fix.

751. Who makes the appointment of the chief election commissioner and other election commissioners?

The appointment of the chief election commissioner and other election commissioners shall be made by the President.

752. Who acts as the chairman of the Election Commission when other election commissioners are appointed?

When any other election commissioner is so appointed, the chief election commissioner shall act as the chairman of the election commission.

753. What is the role of regional commissioners in assisting the Election Commission?

The President may appoint, after consultation with the election commission, such regional commissioners as necessary to assist the election commission.

754. Who determines the conditions of service and tenure of office of the election commissioners and regional commissioners?

Subject to any law made by Parliament, the President determines the conditions of service and tenure of office.

755. How did the Election Commission function from its inception in 1950 until October 15, 1989?

From its inception in 1950 and till October 15, 1989, the election commission functioned as a single member body consisting of the Chief Election Commissioner.

756. What change occurred in the Election Commission’s composition on October 16, 1989, and why?

On October 16, 1989, the President appointed two more election commissioners to cope with the increased work due to the lowering of the voting age from 21 to 18 years.

757. What happened to the two posts of election commissioners in January 1990?

The two posts of election commissioners were abolished in January 1990, and the Election Commission reverted to its earlier single-member position.

758. When were two more election commissioners again appointed, and what has been the composition since then?

Again in October 1993, the President appointed two more election commissioners. Since then, the Election Commission has been functioning as a multi-member body consisting of three election commissioners.

759. What does the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 state about the powers and remuneration of the chief election commissioner and other election commissioners?

The chief election commissioner and the two other election commissioners shall have equal powers and receive equal salary, allowances and other perquisites, similar to those of a judge of the Supreme Court.

760. How are differences of opinion decided among the Chief Election Commissioner and other election commissioners?

In case of difference of opinion, the matter is decided by the Commission by majority.

761. What is the term of office for the election commissioners?

They hold office for a term of six years or until they attain the age of 65 years, whichever is earlier.

762. How can election commissioners resign?

They can resign at any time by writing to the President.

763. How is the Chief Election Commissioner provided with security of tenure?

The chief election commissioner cannot be removed from office except in the same manner and on the same grounds as a judge of the Supreme Court.

764. What are the grounds for removal of the Chief Election Commissioner by the President?

The President can remove him/her based on a resolution passed by both Houses of Parliament with special majority, on grounds of proved misbehaviour or incapacity.

765. Do the Chief Election Commissioner and other election commissioners hold office at the pleasure of the President?

No, the chief election commissioner does not hold his/her office till the pleasure of the President, though they are appointed by him/her.

766. Can the service conditions of the chief election commissioner be varied to his/her disadvantage after appointment?

No, the service conditions of the chief election commissioner cannot be varied to his/her disadvantage after his/her appointment.

767. How can any other election commissioner or a regional commissioner be removed from office?

Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the chief election commissioner.

768. What are the flaws noted in the Constitution regarding the independence and impartiality of the Election Commission?

The Constitution has not prescribed the qualifications (legal, educational, administrative or judicial) of the members, has not specified their term, and has not debarred retiring election commissioners from further appointment.

769. What did the Supreme Court direct in the Anoop Baranwal case (2023) regarding the appointment of the Chief Election Commissioner and other Election Commissioners?

The Supreme Court declared that the appointment of the Chief Election Commissioner and other Election Commissioners shall be made on the recommendations of a three-member committee.

770. What is the composition of the three-member committee for appointing election commissioners, as directed by the Supreme Court in the Anoop Baranwal case?

The committee consists of:

The Prime Minister.
The Leader of the Opposition in the Lok Sabha (or leader of the largest opposition party).
The Chief Justice of India.

771. What did the Supreme Court direct regarding the grounds for removal of other Election Commissioners in the Anoop Baranwal case?

The Supreme Court directed that the grounds for removal of other Election Commissioners shall be the same as that of the Chief Election Commissioner, subject to the recommendation of the Chief Election Commissioner.

772. What did the Supreme Court direct regarding the conditions of service of other Election Commissioners in the Anoop Baranwal case?

The Supreme Court directed that the conditions of service of the other Election Commissioners shall not be varied to their disadvantage after appointment.

773. When will the Supreme Court’s directions regarding election commissioner appointments and conditions be in effect?

The directions shall be in effect until the Parliament makes a law in consonance with Article 324 of the Constitution.

774. Into what three categories can the powers and functions of the Election Commission be classified?

The powers and functions can be classified into Administrative, Advisory, and Quasi-Judicial.

775. What is the Election Commission’s function regarding the territorial areas of electoral constituencies?

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

776. What is the Election Commission’s function regarding electoral rolls and voters?

To prepare and periodically revise electoral rolls and to register all eligible voters.

777. What is the Election Commission’s function regarding election dates and nomination papers?

To notify the dates and schedules of elections and to scrutinise nomination papers.

778. What is the Election Commission’s function regarding political parties and election symbols?

To grant recognition to political parties and allot election symbols to them.

To act as a court for settling disputes related to granting of recognition to political parties and allotment of election symbols to them.

780. What is the Election Commission’s function regarding officers for enquiring into electoral arrangements?

To appoint officers for enquiring into disputes relating to electoral arrangements.

781. What is the Election Commission’s function regarding the code of conduct?

To determine the code of conduct to be observed by the parties and the candidates at the time of elections.

782. What is the Election Commission’s function regarding publicity of political parties’ policies?

To prepare a roster for publicity of the policies of the political parties on radio and TV in times of elections.

783. What is the Election Commission’s function regarding disqualifications of Members of Parliament?

To advise the President on matters relating to the disqualifications of the members of Parliament.

784. What is the Election Commission’s function regarding disqualifications of members of state legislature?

To advise the governor on matters relating to the disqualifications of the members of state legislature.

785. What is the Election Commission’s function regarding cancellation of polls?

To cancel polls in the event of rigging, booth capturing, violence and other irregularities.

786. What can the Election Commission request from the President or governor?

To request the President or the governor for requisitioning the staff necessary for conducting elections.

787. What is the Election Commission’s function regarding the machinery of elections?

To supervise the machinery of elections throughout the country to ensure free and fair elections.

788. What is the Election Commission’s function regarding President’s rule and elections in a state?

To advise the President whether elections can be held in a state under president’s rule in order to extend the period of emergency after one year.

789. What is the Election Commission’s function regarding political parties’ registration and status?

To register political parties for the purpose of elections and grant them the status of national or state parties on the basis of their poll performance.

790. Who assists the Election Commission?

The Election Commission is assisted by deputy election commissioners.

791. How are deputy election commissioners appointed?

They are drawn from the civil service and appointed by the commission with a tenure system.

792. Who assists the deputy election commissioners?

They are assisted, in turn, by the secretaries, joint secretaries, deputy secretaries, and under secretaries posted in the secretariat of the commission.

793. Who assists the Election Commission at the state level?

At the state level, the Election Commission is assisted by the chief electoral officer.

794. Who appoints the chief electoral officer at the state level?

The chief electoral officer is appointed by the chief election commissioner in consultation with the state government.

795. Who acts as the district returning officer at the district level?

At the district level, the collector acts as the district returning officer.

796. Who appoints the returning officer and presiding officer at the constituency and polling booth levels?

The district returning officer appoints a returning officer for every constituency in the district and a presiding officer for every polling booth in the constituency.

797. What is the vision of the Election Commission of India?

The vision is to be an Institution of Excellence by enhancing active engagement, participation; and deepening and strengthening electoral democracy in India and globally.

798. What is the mission of the Election Commission of India?

The mission is to maintain independence, integrity and autonomy; ensure accessibility, inclusiveness, and ethical participation of stakeholders; and, adopt highest standards of professionalism for delivering free, fair, and transparent elections to strengthen trust in electoral democracy and governance.

799. What are the guiding principles of the Election Commission for good governance?

The guiding principles include:

Upholding equality, equity, impartiality, independence, and rule of law in electoral governance.
Conducting elections with highest standards of credibility, freeness, fairness, transparency, integrity, accountability, autonomy, and professionalism.
Ensuring participation of all eligible citizens in an inclusive, voter-centric, and voter-friendly environment.
Engaging with political parties and all stakeholders in the interest of the electoral process.
Promoting awareness about the electoral process and governance among stakeholders.
Developing human resource for effective and professional delivery of electoral services.
Building quality infrastructure for smooth conduct of electoral process.
Adopting technology for improvement in all areas of electoral process.
Striving for adoption of innovative practices for excellence and overall realization of vision and mission.
Contributing towards the reinforcement of democratic values by maintaining and reinforcing confidence and trust in the electoral system.

Chapter 44 Union Public Service Commission

800. What is the nature of the Union Public Service Commission (UPSC)?

The UPSC is the central recruiting agency in India and an independent constitutional body.

801. Which Articles and Part of the Constitution contain provisions regarding the UPSC?

Articles 315 to 323 in Part XIV of the Constitution contain elaborate provisions regarding the composition, appointment, removal of members, independence, power, and functions of the UPSC.

802. What is the composition of the UPSC?

The UPSC consists of a chairman and other members appointed by the President of India.

803. Does the Constitution specify the strength of the UPSC?

No, the Constitution does not specify the strength of the Commission, leaving it to the discretion of the President.

804. What are the qualifications prescribed for the UPSC Commission’s membership?

No specific qualifications are prescribed, except that one-half of the members must have held office for at least ten years either under the Government of India or a state government.

805. Who determines the conditions of service of the chairman and other members of the UPSC?

The President is authorized to determine the conditions of service of the chairman and other members of the Commission.

806. Who determines the number of members of the staff of the Commission and their conditions of service?

The President is authorized to make provisions with respect to the number of members of the staff of the Commission and their conditions of service.

807. What is the term of office for the chairman and members of the UPSC?

The chairman and members hold office for a term of six years or until they attain the age of 65 years, whichever is earlier.

808. How can the chairman and members of the UPSC relinquish their offices?

They can relinquish their offices at any time by addressing their resignation to the President.

809. Can the chairman and members of the UPSC be removed before the expiry of their term?

Yes, they can be removed before the expiry of their term by the President in the manner provided in the Constitution.

810. Under what two circumstances can the President appoint one of the members of the UPSC as an acting chairman?

The President can appoint an acting chairman when:

The office of the chairman falls vacant.
The chairman is unable to perform his/her functions due to absence or some other reason.

811. How long does an acting chairman of the UPSC function?

The acting chairman functions until a person appointed as chairman enters on the duties of the office or until the chairman is able to resume his/her duties.

812. Under what circumstances can the President remove the chairman or any other member of UPSC?

The President can remove them if he/she:

Is adjudged an insolvent (bankrupt).
Engages in any paid employment outside official duties.
Is, in the opinion of the President, unfit to continue in office due to infirmity of mind or body.

813. What is the procedure for removing the chairman or any other member of UPSC on grounds of misbehaviour?

In cases of misbehaviour, the President must refer the matter to the Supreme Court for an enquiry. If the Supreme Court upholds the cause of removal and advises so, the President can remove them.

814. Is the advice tendered by the Supreme Court regarding the removal of UPSC members binding on the President?

Yes, under the provisions of the Constitution, the advice tendered by the Supreme Court in this regard is binding on the President.

815. Can the President suspend the chairman or member of UPSC during the Supreme Court’s enquiry?

Yes, during the course of enquiry by the Supreme Court, the President can suspend the chairman or the member of UPSC.

816. How is the term ‘misbehaviour’ defined for UPSC members?

‘Misbehaviour’ is defined as being concerned or interested in any contract or agreement made by the Government of India or a state, or participating in any profit or benefit therefrom other than as a member and in common with other members of an incorporated company.

817. How is the security of tenure ensured for the chairman or a member of the UPSC?

The chairman or a member of the UPSC can be removed from office by the President only in the manner and on the grounds mentioned in the Constitution, thus ensuring security of tenure.

818. Can the conditions of service of the chairman or a member of UPSC be varied to his/her disadvantage after appointment?

No, the conditions of service of the chairman or a member, though determined by the President, cannot be varied to his/her disadvantage after his/her appointment.

819. How are the expenses of the UPSC (salaries, allowances, pensions) charged?

The entire expenses, including salaries, allowances, and pensions of the chairman, members, and staff of the UPSC, are charged on the Consolidated Fund of India.

820. Are the expenses of the UPSC subject to the vote of Parliament?

No, they are not subject to vote of Parliament.

821. Is the chairman of the UPSC eligible for further employment in the Government of India or a state after ceasing to hold office?

No, the chairman of the UPSC (on ceasing to hold office) is not eligible for further employment in the Government of India or a state.

822. Is a member of the UPSC eligible for further employment after ceasing to hold office?

A member of the UPSC (on ceasing to hold office) is eligible for appointment as the chairman of UPSC or a State Public Service Commission (SPSC), but not for any other employment in the Government of India or a state.

823. Is the chairman or a member of UPSC eligible for reappointment to the same office after completing their first term?

No, the chairman or a member of UPSC is not eligible for reappointment to that office (i.e., not eligible for second term).

824. What are the primary functions of the UPSC?

The UPSC conducts examinations for appointments to the all-India services, Central services, and public services of the centrally administered territories.

825. How does the UPSC assist states in joint recruitment schemes?

It assists the states (if requested by two or more states to do so) in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.

826. How does the UPSC serve the needs of a state?

It serves all or any of the needs of a state on the request of the state governor and with the approval of the president of India.

827. On what matters is the UPSC consulted and provides advice?

The UPSC is consulted on and advises on:

Methods of recruitment to civil services and posts.
Principles for appointments, promotions, and transfers to civil services and posts, and suitability of candidates.
All disciplinary matters affecting civil servants under the Government of India.
Reimbursement of legal expenses incurred by civil servants in defending official acts.
Claims for pension awards for injuries sustained by civil servants during service, and the amount of such awards.
Any other matter referred to it by the President.

828. What is the Supreme Court’s ruling if the government fails to consult the UPSC on the specified matters?

The Supreme Court has held that if the government fails to consult the UPSC, the aggrieved public servant has no remedy in a court. The decision is not invalidated.

829. What is the Supreme Court’s ruling regarding a selection by the UPSC and a candidate’s right to the post?

The Supreme Court held that a selection by the UPSC does not confer any right to the post upon the candidate.

830. Can the Parliament extend the jurisdiction of the UPSC?

Yes, the Parliament can confer additional functions relating to the services of the Union on the UPSC, and can also place the personnel system of any authority, corporate body, or public institution within its jurisdiction.

831. To whom does the UPSC present its annual report?

The UPSC presents, annually, to the President a report on its performance.

832. What does the President do with the UPSC’s report?

The President places this report before both the Houses of Parliament, along with a memorandum explaining cases where the advice was not accepted and the reasons for non-acceptance.

833. What matters are kept outside the functional jurisdiction of the UPSC?

The UPSC is not consulted on:

Reservations of appointments or posts for backward classes.
Consideration of claims of scheduled castes and scheduled tribes in making appointments.
Selection for temporary or officiating appointments for less than one year, if immediate appointment is necessary to avoid undue delay.
Appointments to a bulk of Group C and Group D Central Services.
Appointments to posts of Chairman and members of boards, commissions, tribunals, and similar authorities.
Appointments to posts of Heads of Diplomatic, Consular, and other similar Indian Missions abroad.

834. Can the President exclude posts, services, and matters from the purview of the UPSC?

Yes, the President can exclude posts, services, and matters from the purview of the UPSC.

835. What are the regulations made by the President regarding consultation with the UPSC called?

Such regulations are known as the UPSC (Exemption from Consultation) Regulations, 1958.

836. What is the role of the UPSC as visualized by the Constitution?

The Constitution visualises the UPSC to be the ‘watch-dog of merit system’ in India.

837. What is the UPSC concerned with?

The UPSC is concerned with the recruitment to the All-India Services and Central Services—group A and group B and advises the government on promotion and disciplinary matters.

838. What matters are not concerned with the UPSC?

It is not concerned with the classification of services, pay and service conditions, cadre management, training, and so on.

839. Which department handles matters like classification of services, pay and service conditions, and cadre management?

These matters are handled by the Department of Personnel and Training—one of the three departments of the Ministry of Personnel, Public Grievances and Pensions.

840. What is the distinction between the UPSC and the Department of Personnel and Training?

The UPSC is only a central recruiting agency, while the Department of Personnel and Training is the central personnel agency in India.

841. Are the recommendations made by the UPSC advisory or binding?

The recommendations made by the UPSC are only of advisory nature and hence, not binding on the government.

842. Can the government make rules to regulate the scope of the UPSC’s advisory functions?

Yes, the government can also make rules which regulate the scope of the advisory functions of the UPSC.

843. How did the emergence of the Central Vigilance Commission (CVC) in 1964 affect the role of the UPSC?

The emergence of the Central Vigilance Commission (CVC) in 1964 affected the role of the UPSC in disciplinary matters, as both are consulted by the government.

844. What is the status of the CVC compared to the UPSC?

The UPSC, being an independent constitutional body, has an edge over the CVC, which was created by an executive resolution and conferred statutory status in 2003.

845. Which Article of the Constitution deals with Public Service Commissions for the Union and for the states?

Article 315 deals with Public Service Commissions for the Union and for the states.

846. Which Article of the Constitution deals with Appointment and term of office of members of Public Service Commissions?

Article 316 deals with Appointment and term of office of members.

847. Which Article of the Constitution deals with Removal and suspension of a member of a Public Service Commission?

Article 317 deals with Removal and suspension of a member of a Public Service Commission.

848. Which Article of the Constitution deals with the Power to make regulations as to conditions of service of members and staff of the Commission?

Article 318 deals with the Power to make regulations as to conditions of service of members and staff of the Commission.

849. Which Article of the Constitution deals with Prohibition as to the holding of office by members of commission on ceasing to be such members?

Article 319 deals with Prohibition as to the holding of office by members of commission on ceasing to be such members.

850. Which Article of the Constitution deals with Functions of Public Service Commissions?

Article 320 deals with Functions of Public Service Commissions.

851. Which Article of the Constitution deals with Power to extend functions of Public Service Commissions?

Article 321 deals with Power to extend functions of Public Service Commissions.

852. Which Article of the Constitution deals with Expenses of Public Service Commissions?

Article 322 deals with Expenses of Public Service Commissions.

853. Which Article of the Constitution deals with Reports of Public Service Commissions?

Article 323 deals with Reports of Public Service Commissions.

Chapter 45 State Public Service Commission

854. What is the nature of a State Public Service Commission (SPSC)?

A State Public Service Commission (SPSC) is a body established in each state, parallel to the UPSC at the Centre.

855. Which Articles and Part of the Constitution deal with the SPSC?

The same set of Articles (315 to 323 in Part XIV) of the Constitution deal with the composition, appointment, removal of members, power, functions, and independence of a SPSC.

856. What is the composition of a State Public Service Commission?

A State Public Service Commission consists of a chairman and other members appointed by the governor of the state.

857. Does the Constitution specify the strength of the SPSC?

No, the Constitution does not specify the strength of the Commission, leaving it to the discretion of the Governor.

858. What are the qualifications prescribed for the SPSC Commission’s membership?

No specific qualifications are prescribed, except that one-half of the members must have held office for at least ten years either under the Government of India or a state government.

859. Who determines the conditions of service of the chairman and members of the SPSC?

The Governor is authorized to determine the conditions of service of the chairman and members of the Commission.

860. Who determines the number of members of the staff of the Commission and their conditions of service?

The Governor is authorized to make provisions with respect to the number of members of the staff of the Commission and their conditions of service.

861. What is the term of office for the chairman and members of the SPSC?

The chairman and members hold office for a term of six years or until they attain the age of 62 years, whichever is earlier.

862. How can the chairman and members of the SPSC relinquish their offices?

They can relinquish their offices at any time by addressing their resignation to the governor.

863. Under what two circumstances can the governor appoint one of the members of the SPSC as an acting chairman?

The governor can appoint an acting chairman when:

The office of the chairman falls vacant.
The chairman is unable to perform his/her functions due to absence or some other reason.

864. How long does an acting chairman of the SPSC function?

The acting chairman functions until the person appointed as chairman enters on the duties of the office or until the chairman is able to resume his/her duties.

865. Who appoints the chairman and members of a SPSC, and who can remove them?

Although the chairman and members of a SPSC are appointed by the governor, they can be removed only by the President (and not by the governor).

866. What are the grounds for removal of the chairman or a member of the SPSC by the President?

The President can remove them on the same grounds and in the same manner as he/she can remove a chairman or a member of the UPSC. This includes being adjudged insolvent, engaging in paid employment outside official duties, or being unfit due to infirmity of mind or body.

867. What is the procedure for removing the chairman or any other member of SPSC on grounds of misbehaviour?

868. Can the governor suspend the concerned chairman or member of SPSC during the Supreme Court’s enquiry?

Yes, during the course of enquiry by the Supreme Court, the governor can suspend the concerned chairman or member, pending the final removal order of the President.

869. How is the term ‘misbehaviour’ defined for SPSC members?

870. How are the salaries, allowances, and other conditions of service of the chairman or a member of SPSC determined?

The salaries, allowances, and other conditions of service are determined by the state government.

871. Can the salaries, allowances, or other conditions of service of the chairman or a member of SPSC be varied to his/her disadvantage after appointment?

No, they cannot be varied to his/her disadvantage after his/her appointment.

872. How is the security of tenure ensured for the chairman or a member of the SPSC?

The chairman or a member of a SPSC can be removed from office by the President only in the manner and on the grounds mentioned in the Constitution, thus ensuring security of tenure.

873. How are the expenses of the SPSC (salaries, allowances, pensions) charged?

The entire expenses, including salaries, allowances, and pensions of the chairman, members, and staff of a SPSC, are charged on the consolidated fund of the state.

874. Are the expenses of the SPSC subject to the vote of the state legislature?

No, they are not subject to vote of the state legislature.

875. Is the chairman of a SPSC eligible for further employment in the Government of India or a state after ceasing to hold office?

The chairman of a SPSC (on ceasing to hold office) is eligible for appointment as the chairman or a member of the UPSC or as the chairman of any other SPSC, but not for any other employment under the Government of India or a state.

876. Is a member of a SPSC eligible for further employment after ceasing to hold office?

A member of a SPSC (on ceasing to hold office) is eligible for appointment as the chairman or a member of the UPSC, or as the chairman of that SPSC or any other SPSC, but not for any other employment under the Government of India or a state.

877. Is the chairman or a member of a SPSC eligible for reappointment to that office after completing their first term?

No, the chairman or a member of a SPSC is not eligible for reappointment to that office (i.e., not eligible for second term).

878. What are the primary functions of a SPSC?

A SPSC performs all those functions in respect of the state services as the UPSC does in relation to the Central services, including conducting examinations for appointments to the services of the state.

879. On what matters is the SPSC consulted and provides advice?

The SPSC is consulted on and advises on:

Methods of recruitment to civil services and posts.
Principles for appointments, promotions, and transfers to civil services and posts, and suitability of candidates.
All disciplinary matters affecting civil servants under the state government.
Reimbursement of legal expenses incurred by civil servants in defending official acts.
Claims for pension awards for injuries sustained by civil servants during service, and the amount of such awards.
Any other matter referred to it by the Governor.

880. What is the Supreme Court’s ruling if the government fails to consult the SPSC on the specified matters?

The Supreme Court has held that if the government fails to consult the SPSC, the aggrieved public servant has no remedy in a court. The decision is not invalidated.

881. What is the Supreme Court’s ruling regarding a selection by the SPSC and a candidate’s right to the post?

The Supreme Court held that a selection by the SPSC does not confer any right to the post upon the candidate.

882. Can the state legislature extend the jurisdiction of the SPSC?

Yes, the state legislature can confer additional functions relating to the services of the state on the SPSC, and can also place the personnel system of any local authority, corporate body, or public institution within its jurisdiction.

883. To whom does the SPSC present its annual report?

The SPSC presents, annually, to the governor a report on its performance.

884. What does the governor do with the SPSC’s report?

The governor places this report before both the Houses of the state legislature, along with a memorandum explaining cases where the advice was not accepted and the reasons for non-acceptance.

885. What matters are kept outside the functional jurisdiction of the SPSC?

The SPSC is not consulted on:

Reservations of appointments or posts for backward class citizens.
Consideration of claims of scheduled castes and scheduled tribes in making appointments to services and posts.

886. Can the governor exclude posts, services, and matters from the purview of the SPSC?

Yes, the governor can exclude posts, services, and matters from the purview of the SPSC.

887. What are the regulations made by the governor regarding consultation with the SPSC called?

Such rules are known as the SPSC (Exemption from Consultation) Regulations.

888. What is the role of the SPSC as visualized by the Constitution?

The Constitution visualises the SPSC to be the ‘watchdog of merit system’ in the state.

889. What is the SPSC concerned with?

The SPSC is concerned with the recruitment to the state services and advises the government on promotion and disciplinary matters.

890. What matters are not concerned with the SPSC?

It is not concerned with the classification of services, pay and service conditions, cadre management, training, and so on.

891. Which department handles matters like classification of services, pay and service conditions, and cadre management for state services?

These matters are handled by the Department of Personnel or the General Administration Department.

892. What is the distinction between the SPSC and the Department of Personnel or the General Administration Department?

The SPSC is only a central recruiting agency in the state, while the Department of Personnel or the General Administration Department is the central personnel agency in the state.

893. Are the recommendations made by the SPSC advisory or binding?

The recommendations made by the SPSC are only of advisory nature and hence, not binding on the government.

894. Can the government make rules to regulate the scope of the SPSC’s advisory functions?

Yes, the government can also make rules which regulate the scope of the advisory functions of the SPSC.

895. How did the emergence of the State Vigilance Commission (SVC) affect the role of the SPSC?

The emergence of the State Vigilance Commission (SVC) affected the role of SPSC in disciplinary matters, as both are consulted by the government.

896. What is the status of the SVC compared to the SPSC?

The SPSC, being an independent constitutional body, has an edge over the SVC.

897. Is the SPSC consulted by the governor when framing rules for appointment to the judicial service of the state (other than district judges)?

Yes, the SPSC is consulted by the governor, and the concerned state high court is also consulted.

898. What provision does the Constitution make for the establishment of a Joint State Public Service Commission (JSPSC)?

The Constitution makes a provision for the establishment of a Joint State Public Service Commission (JSPSC) for two or more states.

899. How is a JSPSC created?

A JSPSC can be created by an act of Parliament on the request of the state legislatures concerned.

900. Is a JSPSC a constitutional body or a statutory body?

A JSPSC is a statutory and not a constitutional body.

901. Who appoints the chairman and members of a JSPSC?

The chairman and members of a JSPSC are appointed by the President.

902. What is the term of office for the chairman and members of a JSPSC?

They hold office for a term of six years or until they attain the age of 62 years, whichever is earlier.

903. Who can suspend or remove the chairman and members of a JSPSC?

They can be suspended or removed by the President.

904. How can the chairman and members of a JSPSC resign?

They can resign from their offices at any time by submitting their resignation letters to the President.

905. Who determines the number of members of a JSPSC and their conditions of service?

The President determines the number of members of a JSPSC and their conditions of service.

906. To whom does a JSPSC present its annual performance report?

A JSPSC presents its annual performance report to each of the concerned state governors.

907. What does each governor do with the JSPSC’s report?

Each governor places the report before the state legislature.

Chapter 46 Finance Commission

908. What is the nature of the Finance Commission, and under which Article is it constituted?

The Finance Commission is a quasi-judicial body constituted by the President of India every fifth year or earlier under Article 280 of the Constitution of India.

909. How many Finance Commissions have been constituted so far?

Till now, fifteen Finance Commissions have been constituted.

910. What is the composition of the Finance Commission?

The Finance Commission consists of a chairman and four other members to be appointed by the President.

911. What is the term of office for the chairman and members of the Finance Commission?

They hold office for such period as specified by the President in his/her order.

912. Are the chairman and members of the Finance Commission eligible for reappointment?

Yes, they are eligible for reappointment.

913. Who determines the qualifications of members of the Finance Commission and the manner of their selection?

The Parliament is authorized to determine the qualifications of members of the commission and the manner in which they should be selected.

914. What are the qualifications specified for the chairman of the Finance Commission?

The chairman should be a person having experience in public affairs.

915. What are the qualifications specified for the four other members of the Finance Commission?

The four other members should be selected from amongst:

A judge of high court or one qualified to be appointed as one.
A person with specialised knowledge of finance and accounts of the government.
A person with wide experience in financial matters and administration.
A person with special knowledge of economics.

916. What are the recommendations the Finance Commission is required to make to the President of India?

The Finance Commission is required to make recommendations on:

The distribution of net proceeds of taxes between the Centre and states, and allocation among states.
The principles governing grants-in-aid to the states by the Centre (from the consolidated fund of India).
Measures needed to augment the consolidated fund of a state to supplement resources of panchayats and municipalities (based on state finance commission recommendations).
Any other matter referred to it by the President in the interests of sound finance.

917. What was an additional function of the Finance Commission until 1960?

Till 1960, the commission also suggested the grants given to the States of Assam, Bihar, Odisha, and West Bengal in lieu of assignment of any share of the net proceeds in each year of export duty on jute and jute products.

918. To whom does the Finance Commission submit its report?

The commission submits its report to the President.

919. What does the President do with the Finance Commission’s report?

He/she lays it before both the Houses of Parliament along with an explanatory memorandum as to the action taken on its recommendations.

920. Are the recommendations made by the Finance Commission binding on the government?

No, the recommendations made by the Finance Commission are only of advisory nature and hence, not binding on the government.

921. What is the Finance Commission envisaged as in the Constitution of India?

The constitution of India envisages the Finance commission as the balancing wheel of fiscal federalism in India.

922. How was the role of the Finance Commission undermined until 2014?

Till 2014, its role in Centre–state fiscal relations was undermined by the erstwhile Planning Commission, a non-constitutional and non-statutory body.

923. What body replaced the Planning Commission in 2015?

In 2015, the Planning Commission was replaced by a new body called NITI Aayog (National Institution for Transforming India).

924. Who was the Chairman of the First Finance Commission (1951)?

The Chairman of the First Finance Commission was K.C. Neogy.

925. Who was the Chairman of the Second Finance Commission (1956)?

The Chairman of the Second Finance Commission was K. Santhanam.

926. Who was the Chairman of the Third Finance Commission (1960)?

The Chairman of the Third Finance Commission was A.K. Chanda.

927. Who was the Chairman of the Fourth Finance Commission (1964)?

The Chairman of the Fourth Finance Commission was Dr. P.V. Rajamannar.

928. Who was the Chairman of the Fifth Finance Commission (1968)?

The Chairman of the Fifth Finance Commission was Mahavir Tyagi.

929. Who was the Chairman of the Sixth Finance Commission (1972)?

The Chairman of the Sixth Finance Commission was Brahamananda Reddy.

930. Who was the Chairman of the Seventh Finance Commission (1977)?

The Chairman of the Seventh Finance Commission was J.M. Shelat.

931. Who was the Chairman of the Eighth Finance Commission (1982)?

The Chairman of the Eighth Finance Commission was Y.B. Chavan.

932. Who was the Chairman of the Ninth Finance Commission (1987)?

The Chairman of the Ninth Finance Commission was N.K.P. Salve.

933. Who was the Chairman of the Tenth Finance Commission (1992)?

The Chairman of the Tenth Finance Commission was K.C. Pant.

934. Who was the Chairman of the Eleventh Finance Commission (1998)?

The Chairman of the Eleventh Finance Commission was A.M. Khusro.

935. Who was the Chairman of the Twelfth Finance Commission (2002)?

The Chairman of the Twelfth Finance Commission was Dr. C. Rangarajan.

936. Who was the Chairman of the Thirteenth Finance Commission (2007)?

The Chairman of the Thirteenth Finance Commission was Dr. Vijay Kelkar.

937. Who was the Chairman of the Fourteenth Finance Commission (2013)?

The Chairman of the Fourteenth Finance Commission was Y.V. Reddy.

938. Who is the Chairman of the Fifteenth Finance Commission (2017)?

The Chairman of the Fifteenth Finance Commission is N.K. Singh.

939. Which Article of the Constitution deals with the Finance Commission?

Article 280 deals with the Finance Commission.

940. Which Article of the Constitution deals with the Recommendations of the Finance Commission?

Article 281 deals with the Recommendations of the Finance Commission.

Chapter 47 Goods and Services Tax Council

941. Which Amendment Act paved the way for the introduction of Goods and Services Tax (GST) in India?

The 101st Amendment Act of 2016 paved the way for the introduction of Goods and Services Tax (GST).

942. What new Article was inserted into the Constitution by the 101st Amendment Act of 2016, and what did it empower the President to do?

The amendment inserted a new Article 279-A in the Constitution, empowering the President to constitute a GST Council by an order.

943. When was the GST Council constituted by the President?

The President constituted the Council in 2016.

944. Where is the Secretariat of the GST Council located?

The Secretariat of the Council is located at New Delhi.

945. Who acts as the ex-officio Secretary to the GST Council?

The Union Revenue Secretary acts as the ex-officio Secretary to the Council.

946. What guides the GST Council in discharging its functions?

The Council is guided by the need for a harmonised structure of GST and the development of a harmonised national market for goods and services.

947. What is the vision of the GST Council?

The vision is to establish the highest standards of co-operative federalism in the functioning of the Council, being the first constitutional federal body vested with powers to take all major decisions relating to GST.

948. What is the mission of the GST Council?

The mission is to evolve, through wider consultation, a GST structure that is information technology-driven and user-friendly.

949. What is the nature of the GST Council?

The Council is a joint forum of the centre and the states.

950. What is the composition of the GST Council?

The Council consists of:

The Union Finance Minister as the Chairperson.
The Union Minister of State in-charge of Revenue or Finance.
The Minister in-charge of Finance or Taxation or any other Minister nominated by each state government.

951. Who is included as a permanent invitee (non-voting) to all proceedings of the GST Council?

The Chairperson of the Central Board of Indirect Taxes and Customs (CBIC) is included as a permanent invitee (non-voting).

952. Who chooses the Vice-Chairperson of the GST Council?

The members of the Council from the states have to choose one amongst themselves to be the Vice-Chairperson of the Council.

953. What is the quorum for conducting a meeting of the GST Council?

One-half of the total number of members of the Council is the quorum for conducting a meeting.

954. How are decisions taken in the GST Council meetings?

Every decision of the Council is to be taken by a majority of not less than three-fourths of the weighted votes of the members present and voting.

955. What is the weightage of the vote of the central government in the GST Council?

The vote of the central government shall have a weightage of one-third of the total votes cast in that meeting.

956. What is the weightage of the votes of all the state governments combined in the GST Council?

The votes of all the state governments combined shall have a weightage of two-thirds of the total votes cast in that meeting.

957. What are the grounds on which an act or proceedings of the Council will not become invalid?

An act or proceedings of the Council will not become invalid on the grounds of:

Any vacancy or defect in the constitution of the Council.
Any defect in the appointment of a person as a member of the Council.
Any procedural irregularity of the Council not affecting the merits of the case.

958. What are the recommendations the GST Council is required to make to the centre and states?

The Council is required to make recommendations on:

The taxes, cesses and surcharges levied by the centre, states, and local bodies that would merge in GST.
The goods and services that may be subjected to GST or exempted from GST.
Model GST Laws, principles of levy, apportionment of GST on inter-state trade, and principles governing place of supply.
The threshold limit of turnover below which goods and services may be exempted from GST.
The rates including floor rates with bands of GST.
Any special rate or rates for a specified period to raise additional resources during natural calamity or disaster.
Special provision for states like Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh, and Uttarakhand.

959. What is one of the other functions of the GST Council regarding specific petroleum products?

The Council shall recommend the date on which the GST may be levied on petroleum crude, high speed diesel, motor spirit (petrol), natural gas, and aviation turbine fuel.

960. What mechanism does the GST Council establish for dispute adjudication?

When there is a dispute with respect to its recommendations or their implementation, the Council shall establish a mechanism to adjudicate upon the dispute.

961. What types of disputes can the GST Council adjudicate upon?

The Council can adjudicate disputes:

Between the centre and one or more states.
Between the centre and any state or states on one side and one or more other states on the other side.
Between two or more states.

962. What is the GST Council’s recommendation role regarding compensation to states for revenue loss?

The Council has to recommend the compensation to the states for loss of revenue arising on account of introduction of GST for a period of five years.

963. Who determines the compensation to states based on the GST Council’s recommendation?

Based on this recommendation, the Parliament determines the compensation.

964. What law did Parliament enact regarding compensation to states for GST revenue loss?

Accordingly, the Parliament enacted the law in 2017, known as The Goods and Services Tax (Compensation to States) Act, 2017.

Chapter 48 National Commission for SCs

965. What is the nature of the National Commission for Scheduled Castes (SCs)?

The National Commission for Scheduled Castes (SCs) is a constitutional body directly established by Article 338 of the Constitution.

966. What is the nature of other national commissions like the National Commission for Women, Minorities, Human Rights, and Protection of Child Rights?

These other national commissions are statutory bodies, established by acts of Parliament.

967. What did Article 338 of the original Constitution provide for regarding SCs and STs?

Originally, Article 338 provided for the appointment of a Special Officer for Scheduled Castes (SCs) and Scheduled Tribes (STs) to investigate constitutional safeguards and report to the President.

968. What was the designation of this Special Officer?

He/she was designated as the Commissioner for SCs and STs.

969. When did the Government set up a non-statutory multi-member Commission for SCs and STs?

In 1978, the Government (through a Resolution) set up a non-statutory multi-member Commission for SCs and STs.

970. Did the Office of Commissioner for SCs and STs continue to exist after the non-statutory commission was set up in 1978?

Yes, the Office of Commissioner for SCs and STs also continued to exist.

971. When did the Government modify the functions of the Commission and rename it as the National Commission for SCs and STs?

In 1987, the Government (through another Resolution) modified the functions of the Commission and renamed it as the National Commission for SCs and STs.

972. Which Constitutional Amendment Act of 1990 provided for the establishment of a high-level multi-member National Commission for SCs and STs?

The 65th Constitutional Amendment Act of 1990 provided for this.

973. What bodies did this new constitutional body replace?

This constitutional body replaced the Commissioner for SCs and STs as well as the Commission set up under the Resolution of 1987.

974. Which Constitutional Amendment Act of 2003 bifurcated the combined National Commission for SCs and STs?

The 89th Constitutional Amendment Act of 2003 bifurcated the combined National Commission for SCs and STs.

975. What two separate bodies were created by the 89th Constitutional Amendment Act of 2003?

It bifurcated the commission into the National Commission for Scheduled Castes (under Article 338) and the National Commission for Scheduled Tribes (under Article 338-A).

976. When did the separate National Commission for SCs come into existence?

The separate National Commission for SCs came into existence in 2004.

977. What is the composition of the National Commission for SCs?

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

978. Who appoints the chairperson, vice-chairperson, and members of the National Commission for SCs?

They are appointed by the President by warrant under his hand and seal.

979. Who determines the conditions of service and tenure of office for the chairperson, vice-chairperson, and members of the National Commission for SCs?

Their conditions of service and tenure of office are also determined by the President.

980. What is the term of office for the chairperson, vice-chairperson, and members of the National Commission for SCs?

Under the Rules made by the President, they hold office for a term of three years.

981. Are the chairperson, vice-chairperson, and members of the National Commission for SCs eligible for reappointment?

No, they are not eligible for appointment for more than two terms.

982. What is the first function of the National Commission for SCs?

To investigate and monitor all matters relating to the constitutional and other legal safeguards for the SCs and to evaluate their working.

983. What is the second function of the National Commission for SCs?

To inquire into specific complaints with respect to the deprivation of rights and safeguards of the SCs.

984. What is the third function of the National Commission for SCs?

To participate and advise on the planning process of socio-economic development of the SCs and to evaluate the progress of their development under the Union or a state.

985. What is the fourth function of the National Commission for SCs?

To present to the President, annually and at such other times as it may deem fit, reports upon the working of those safeguards.

986. What is the fifth function of the National Commission for SCs?

To make recommendations as to the measures that should be taken by the Union or a state for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the SCs.

987. What is the sixth function of the National Commission for SCs?

To discharge such other functions in relation to the protection, welfare and development and advancement of the SCs as the President may specify.

988. To whom does the National Commission for SCs present its report?

The commission presents an annual report to the President. It can also submit a report as and when it thinks necessary.

989. What does the President do with the National Commission for SCs’ reports?

The President places such reports before the Parliament, along with a memorandum explaining the action taken and reasons for non-acceptance of recommendations.

990. What happens to the National Commission for SCs’ reports pertaining to a state government?

The President forwards any such report to the state governor, who places it before the state legislature along with a memorandum explaining the action taken and reasons for non-acceptance.

991. What power is the National Commission for SCs vested with regarding its procedure?

The Commission is vested with the power to regulate its own procedure.

992. What powers does the National Commission for SCs have when investigating or inquiring into complaints?

The Commission has all the powers of a civil court trying a suit, including:

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

993. Are the Central and state governments required to consult the National Commission for SCs on major policy matters affecting SCs?

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

994. What similar functions is the National Commission for SCs required to discharge regarding the Anglo-Indian Community?

The Commission is also required to discharge similar functions with regard to the Anglo-Indian Community as it does with respect to the SCs, investigating safeguards and reporting to the President.

995. Until 2018, what other group was the National Commission for SCs also required to discharge similar functions for?

Till 2018, the commission was also required to discharge similar functions with regard to the other backward classes (OBCs).

996. Which Amendment Act of 2018 relieved the National Commission for SCs from its responsibility towards OBCs?

It was relieved from this responsibility by the 102nd Amendment Act of 2018.

Chapter 49 National Commission for STs

997. What is the nature of the National Commission for Scheduled Tribes (STs)?

Like the National Commission for Scheduled Castes (SCs), the National Commission for Scheduled Tribes (STs) is also a constitutional body directly established by Article 338-A of the Constitution.

998. When did the National Commission for SCs and STs come into being, and under which Act?

The National Commission for SCs and STs came into being consequent upon passing of the 65th Constitutional Amendment Act of 1990.

999. What was the objective of the National Commission for SCs and STs established under Article 338?

The objective was to monitor all the safeguards provided for the SCs and STs under the Constitution or other laws.

1000. Why was a new Ministry of Tribal Affairs created in 1999?

A new Ministry of Tribal Affairs was created in 1999 to provide a sharp focus to the welfare and development of the STs, as it was not administratively feasible for the Ministry of Social Justice and Empowerment to perform this role.

1001. Which Constitutional Amendment Act of 2003 provided for setting up a separate National Commission for STs?

The 89th Constitutional Amendment Act of 2003 provided for setting up a separate National Commission for STs by bifurcating the existing combined National Commission for SCs and STs.

1002. What Articles did the 89th Constitutional Amendment Act of 2003 amend and insert?

This Act further amended Article 338 and inserted a new Article 338-A in the Constitution.

1003. When did the separate National Commission for STs come into existence?

The separate National Commission for STs came into existence in 2004.

1004. What is the composition of the National Commission for STs?

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

1005. Who appoints the chairperson, vice-chairperson, and members of the National Commission for STs?

They are appointed by the President by warrant under his/her hand and seal.

1006. Who determines the conditions of service and tenure of office for the chairperson, vice-chairperson, and members of the National Commission for STs?

Their conditions of service and tenure of office are also determined by the President.

1007. What is the term of office for the chairperson, vice-chairperson, and members of the National Commission for STs?

Under the Rules made by the President, they hold office for a term of three years.

1008. Are the chairperson, vice-chairperson, and members of the National Commission for STs eligible for reappointment?

No, they are not eligible for appointment for more than two terms.

1009. What is the first function of the National Commission for STs?

To investigate and monitor all matters relating to the constitutional and other legal safeguards for the STs and to evaluate their working.

1010. What is the second function of the National Commission for STs?

To inquire into specific complaints with respect to the deprivation of rights and safeguards of the STs.

1011. What is the third function of the National Commission for STs?

To participate and advise on the planning process of socio-economic development of the STs and to evaluate the progress of their development under the Union or a state.

1012. What is the fourth function of the National Commission for STs?

To present to the President, annually and at such other times as it may deem fit, reports upon the working of those safeguards.

1013. What is the fifth function of the National Commission for STs?

1014. What is the sixth function of the National Commission for STs?

To discharge such other functions in relation to the protection, welfare and development and advancement of the STs as the President may specify.

1015. What are the other functions specified by the President in 2005 for the National Commission for STs?

Other functions include measures for:

Conferring ownership rights in minor forest produce to STs.
Safeguarding rights of tribal communities over mineral and water resources.
Developing tribals and creating more viable livelihood strategies.
Improving efficacy of relief and rehabilitation for displaced tribal groups.
Preventing alienation of tribal land and rehabilitating affected people.
Eliciting maximum cooperation and involvement of tribal communities for forest protection and social afforestation.
Ensuring full implementation of the PESA Act, 1996.
Reducing and eliminating shifting cultivation by tribals.

1016. To whom does the National Commission for STs present its report?

The commission presents an annual report to the President. It can also submit a report as and when it thinks necessary.

1017. What does the President do with the National Commission for STs’ reports?

The President places such reports before the Parliament, along with a memorandum explaining the action taken and reasons for non-acceptance of recommendations.

1018. What happens to the National Commission for STs’ reports pertaining to a state government?

The President forwards any such report to the state governor, who places it before the state legislature along with a memorandum explaining the action taken and reasons for non-acceptance.

1019. What power is the National Commission for STs vested with regarding its procedure?

The Commission is vested with the power to regulate its own procedure.

1020. What powers does the National Commission for STs have when investigating or inquiring into complaints?

The Commission has all the powers of a civil court trying a suit, including:

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

1021. Are the Central and state governments required to consult the National Commission for STs on major policy matters affecting STs?

Yes, the Central government and the state governments are required to consult the Commission on all major policy matters affecting the STs.

Chapter 50 National Commission for BCs

1022. What did the Supreme Court direct the central government to constitute in the Mandal case judgment (1992)?

In the Mandal case judgment (1992), the Supreme Court directed the central government to constitute a permanent statutory body to examine complaints of under-inclusion, over-inclusion, or non-inclusion of any class of citizens in the list of backward classes.

1023. When was the National Commission for Backward Classes (NCBC) set up?

The National Commission for Backward Classes (NCBC) was set up in 1993.

1024. Which Amendment Act of 2018 conferred constitutional status on the NCBC?

The 102nd Amendment Act of 2018 conferred a constitutional status on the Commission.

1025. What new Article was inserted into the Constitution by the 102nd Amendment Act of 2018 for the NCBC?

For this purpose, the amendment inserted a new Article 338-B in the constitution.

1026. What is the nature of the NCBC after the 102nd Amendment Act of 2018?

Hence, the Commission ceased to be a statutory body and became a constitutional body.

1027. What happened to the scope of functions assigned to the NCBC under the new dispensation?

The scope of functions assigned to the Commission was also enlarged to safeguard the interests of the socially and educationally backward classes more effectively.

1028. What is the status of the new NCBC compared to the National Commissions for SCs and STs?

The constitutional status of the new Commission is at par with the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST).

1029. What is the composition of the National Commission for BCs?

The Commission consists of a chairperson, a vice-chairperson, and three other members.

1030. Who appoints the chairperson, vice-chairperson, and members of the National Commission for BCs?

They are appointed by the President by warrant under his/her hand and seal.

1031. Who determines the conditions of service and tenure of office for the chairperson, vice-chairperson, and members of the National Commission for BCs?

Their conditions of service and tenure of office are also determined by the President.

1032. What is the term of office for the chairperson, vice-chairperson, and members of the National Commission for BCs?

Under the Rules made by the President, they hold office for a term of three years.

1033. Are the chairperson, vice-chairperson, and members of the National Commission for BCs eligible for reappointment?

No, they are not eligible for appointment for more than two terms.

1034. What is the first function of the National Commission for BCs?

To investigate and monitor all matters relating to the constitutional and other legal safeguards for the socially and educationally backward classes and to evaluate their work.

1035. What is the second function of the National Commission for BCs?

To inquire into specific complaints with respect to the deprivation of rights and safeguards of the socially and educationally backward classes.

1036. What is the third function of the National Commission for BCs?

To participate and advise on the planning process of socio-economic development of the socially and educationally backward classes and to evaluate the progress of their development under the Union or a state.

1037. What is the fourth function of the National Commission for BCs?

To present to the President, annually and at such other times as it may deem fit, reports upon the working of those safeguards.

1038. What is the fifth function of the National Commission for BCs?

1039. What is the sixth function of the National Commission for BCs?

To discharge such other functions in relation to the protection, welfare, development and advancement of the socially and educationally backward classes as the President may specify.

1040. To whom does the National Commission for BCs present its report?

The Commission presents an annual report to the President. It can also submit a report as and when it thinks necessary.

1041. What does the President do with the National Commission for BCs’ reports?

The President places such reports before the Parliament, along with a memorandum explaining the action taken and reasons for non-acceptance of recommendations.

1042. What happens to the National Commission for BCs’ reports pertaining to a state government?

The President forwards any such report to the state government (not to the state governor), which places it before the state legislature along with a memorandum explaining the action taken and reasons for non-acceptance.

1043. What power is the National Commission for BCs vested with regarding its procedure?

The Commission is vested with the power to regulate its own procedure.

1044. What powers does the National Commission for BCs have when investigating or inquiring into complaints?

The Commission has all the powers of a civil court trying a suit, including:

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

1045. Are the Central and state governments required to consult the National Commission for BCs on major policy matters affecting socially and educationally backward classes?

Yes, the Central government and the state governments are required to consult the Commission on all major policy matters affecting the socially and educationally backward classes.

1046. Which Amendment Act of 2021 exempted state governments from consultation with the NCBC for certain purposes?

The 105th Amendment Act of 2021 exempted the state governments from this consultation with respect to the preparation and maintenance of the list of socially and educationally backward classes for their own purposes.

Chapter 51 Special Officer for Linguistic Minorities

1047. Did the original Constitution make any provision for a Special Officer for Linguistic Minorities?

No, originally, the Constitution of India did not make any provision with respect to the Special Officer for Linguistic Minorities.

1048. Which body recommended the creation of a Special Officer for Linguistic Minorities?

The States Reorganisation Commission (1953–55) made a recommendation in this regard.

1049. Which Constitutional Amendment Act of 1956 inserted a new Article for the Special Officer for Linguistic Minorities?

The Seventh Constitutional Amendment Act of 1956 inserted a new Article 350-B in Part XVII of the Constitution.

1050. What are the provisions of Article 350-B regarding the Special Officer for Linguistic Minorities?

Article 350-B provides for:

A Special Officer for Linguistic Minorities to be appointed by the President of India.
The duty of the Special Officer to investigate all matters relating to safeguards for linguistic minorities under the Constitution and report to the President.

1051. Does the Constitution specify the qualifications, tenure, salaries, allowances, service conditions, or procedure for removal of the Special Officer for Linguistic Minorities?

No, the Constitution does not specify these aspects.

1052. When was the office of the Special Officer for Linguistic Minorities created?

In pursuance of Article 350-B, the office of the Special Officer for Linguistic Minorities was created in 1957.

1053. What is the designation of the Special Officer for Linguistic Minorities?

He/she is designated as the Commissioner for Linguistic Minorities (CLM).

1054. Where is the headquarters of the CLM located?

The CLM has his/her headquarters in New Delhi.

1055. How many regional offices does the CLM have, and where are they located?

The CLM has three regional offices at Belgaum (Karnataka), Chennai (Tamil Nadu), and Kolkata (West Bengal).

1056. Who heads each of the regional offices of the CLM?

Each regional office is headed by an Assistant Commissioner.

1057. Who assists the CLM at headquarters, and how does he/she maintain liaison with State Governments and UTs?

The CLM is assisted at headquarters by a Deputy Commissioner and an Assistant Commissioner. He/she maintains liaison with the State Governments and Union Territories through nodal officers appointed by them.

1058. Under which Ministry does the CLM fall at the Central level?

At the Central level, the CLM falls under the Ministry of Minority Affairs.

1059. To whom does the CLM submit its annual reports?

He/she submits the annual reports or other reports to the President through the Union Minority Affairs Minister.

1060. What is the role of the CLM regarding Constitutional and Nationally Agreed Safeguards for linguistic minorities?

The CLM interacts with the States/UTs on all matters pertaining to the issues concerning implementation of the Constitutional and Nationally Agreed Safeguards provided to the linguistic minorities.

1061. What types of matters does the CLM organisation take up?

The CLM organisation takes up all matters relating to safeguards for linguistic minorities brought to their notice by linguistic minority individuals, groups, associations or organisations.

1062. How does the CLM assess the status of implementation of safeguards on the spot?

The CLM personally visits linguistic minority areas and educational institutions for an on-the-spot assessment of the status of implementation of the scheme of safeguards.

1063. What are the functions of the CLM?

The functions of the CLM are:

To investigate all matters related to safeguards provided to the linguistic minorities.
To submit reports to the President of India on the status of implementation of safeguards.
To monitor the implementation of safeguards through questionnaires, visits, conferences, seminars, meetings, and review mechanisms.

1064. What are the objectives of the CLM?

The objectives of the CLM are:

To provide equal opportunities to the linguistic minorities for inclusive development and national integration.
To spread awareness among the linguistic minorities about the safeguards available to them.
To ensure effective implementation of the safeguards provided for linguistic minorities in the Constitution and other agreed safeguards.
To handle representations for redress of grievances related to the safeguards for linguistic minorities.

Chapter 52 Comptroller and Auditor General of India

1065. What is the nature of the Comptroller and Auditor General of India (CAG) office, and under which Article is it provided?

The Constitution of India (Article 148) provides for an independent office of the Comptroller and Auditor General of India (CAG).

1066. What is the CAG the head of?

He/she is the head of the Indian Audit and Accounts Department.

1067. What is the CAG’s role regarding the public purse and financial system?

He/she is the guardian of the public purse and controls the entire financial system of the country at both the Centre and the state levels.

1068. What is the CAG’s duty regarding the Constitution and laws?

His/her duty is to uphold the Constitution of India and laws of Parliament in the field of financial administration.

1069. What did Dr. B.R. Ambedkar say about the CAG?

Dr. B.R. Ambedkar said that the CAG shall be the most important Officer under the Constitution of India.

1070. What are the other bulwarks of the democratic system of government in India, besides the CAG?

The others are the Supreme Court, the Election Commission, and the Union Public Service Commission.

1071. Who appoints the CAG?

The CAG is appointed by the President of India by a warrant under his/her hand and seal.

1072. What oath or affirmation does the CAG make before taking office?

The CAG makes an oath or affirmation to:

Bear true faith and allegiance to the Constitution of India.
Uphold the sovereignty and integrity of India.
Duly and faithfully perform duties without fear or favour, affection or ill-will.
Uphold the Constitution and the laws.

1073. What is the term of office for the CAG?

He/she holds office for a period of six years or up to the age of 65 years, whichever is earlier.

1074. How can the CAG resign?

He/she can resign any time from his/her office by addressing the resignation letter to the President.

1075. How can the CAG be removed from office?

He/she can be removed by the President on the same grounds and in the same manner as a judge of the Supreme Court.

1076. What is the procedure for removing the CAG?

He/she can be removed by the President on the basis of a resolution passed by both the Houses of Parliament with special majority, either on the ground of proved misbehaviour or incapacity.

1077. How is the security of tenure ensured for the CAG?

He/she is provided with the security of tenure, as he/she can be removed by the President only in accordance with the procedure mentioned in the Constitution.

1078. Does the CAG hold office at the pleasure of the President?

No, he/she does not hold office till the pleasure of the President, though he/she is appointed by him/her.

1079. Is the CAG eligible for further office after ceasing to hold his/her office?

No, he/she is not eligible for further office, either under the Government of India or of any state, after he/she ceases to hold his/her office.

1080. Who determines the salary and other service conditions of the CAG?

His/her salary and other service conditions are determined by the Parliament.

1081. What is the CAG’s salary equal to?

According to the Act made by the Parliament, his/her salary is equal to that of a judge of the Supreme Court.

1082. Can the CAG’s salary or rights be altered to his/her disadvantage after appointment?

No, neither his/her salary nor his/her rights in respect of leave of absence, pension or age of retirement can be altered to his/her disadvantage after his/her appointment.

1083. Who prescribes the conditions of service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the CAG?

The conditions of service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the CAG are prescribed by the President after consultation with the CAG.

1084. How are the administrative expenses of the office of the CAG charged?

The administrative expenses of the office of the CAG, including all salaries, allowances, and pensions of persons serving in that office, are charged upon the Consolidated Fund of India.

1085. Are the administrative expenses of the CAG subject to the vote of Parliament?

No, they are not subject to the vote of Parliament.

1086. What Article of the Constitution authorizes the Parliament to prescribe the duties and powers of the CAG?

The Constitution (Article 149) authorizes the Parliament to prescribe the duties and powers of the CAG.

1087. What Act did Parliament enact to lay down the CAG’s duties, powers, and conditions of service?

Accordingly, the Parliament enacted the CAG’s (Duties, Powers and Conditions of Service) Act, 1971.

He/she audits the accounts related to all expenditure from the Consolidated Fund of India, consolidated fund of each state, and consolidated fund of each union territory having a Legislative Assembly.

1089. What types of transactions does the CAG audit?

He/she audits all transactions relating to the Contingency Fund of India and the Public Account of India, as well as the contingency fund of each state and the public account of each state.

1090. What types of trading, manufacturing, profit and loss accounts, and balance sheets does the CAG audit?

He/she audits all trading, manufacturing, profit and loss accounts, balance sheets and other subsidiary accounts kept by any department of the Central Government and state governments.

1091. What is the CAG’s role in auditing the receipts and expenditure of bodies and authorities substantially financed by government revenues?

He/she audits the receipts and expenditure of all bodies and authorities substantially financed from the central or state revenues.

1092. What is the CAG’s role in auditing the accounts of bodies and authorities receiving grants and loans from the central and state government?

He/she audits the accounts of all bodies and authorities receiving grants and loans from the central and state government for specific purposes.

1093. What is the CAG’s role in auditing the receipts of the centre and states?

He/she audits all receipts of the centre and states and ensures that the rules and procedures in this regard are designed to secure an effective check on the assessment, collection and proper allocation of revenue.

1094. What is the CAG’s role in auditing stores and stock?

He/she audits the accounts of all stores and stock kept in all the offices and departments of the central and state governments.

1095. What is the CAG’s role in auditing Government Companies?

He/she audits the accounts of all Government Companies in accordance with the provisions of the Companies Act.

1096. What is the CAG’s role in auditing Corporations?

He/she audits the accounts of all Corporations whose statutes provide for audit by him/her.

1097. What is the CAG’s role in auditing accounts of any other body or authority?

He/she audits the accounts of any other body or authority when requested by the President or Governor. For example, the audit of local bodies.

1098. What is the CAG’s advisory role regarding the form of accounts for the Centre and states?

He/she advises the President with regard to prescription of the form in which the accounts of the Centre and the states shall be kept (Article 150).

1099. To whom does the CAG submit audit reports relating to the accounts of the Centre?

He/she submits audit reports relating to the accounts of the Centre to President.

The President shall, in turn, place them before both the Houses of Parliament (Article 151).

1101. To whom does the CAG submit audit reports relating to the accounts of a state?

He/she submits the audit reports relating to the accounts of a state to governor.

The governor shall, in turn, place them before the state legislature (Article 151).

1103. What is the CAG’s role in ascertaining and certifying the net proceeds of any tax or duty?

He/she ascertains and certifies the net proceeds of any tax or duty (Article 279).

1104. What is the finality of the CAG’s certificate regarding net proceeds?

His/her certificate is final.

1105. What does ‘net proceeds’ mean in the context of the CAG’s function?

The ‘net proceeds’ means the proceeds of a tax or a duty minus the cost of collection.

1106. What is the CAG’s role in relation to the Public Accounts Committee of the Parliament?

He/she acts as a guide, friend and philosopher of the Public Accounts Committee of the Parliament.

1107. What is the CAG’s role regarding the accounts of state governments?

He/she compiles and maintains the accounts of state governments.

1108. When was the CAG relieved of responsibilities regarding the compilation and maintenance of accounts of the Central Government?

In 1976, he/she was relieved of his/her responsibilities with regard to the compilation and maintenance of accounts of the Central Government due to the separation of accounts from audit, that is, departmentalisation of accounts.

1109. What powers does the CAG have in connection with performing audit duties?

The CAG has powers to:

Inspect any office or department subject to his/her audit.
Examine all transactions and question the person in charge.
Call for any records, papers and documents from any audited entity.
Decide the extent and manner of audit.

1110. What is the role of the CAG?

The role of CAG is to uphold the Constitution of India and the laws of Parliament in the field of financial administration.

1111. How is the accountability of the executive to Parliament secured in financial administration?

The accountability of the executive (council of ministers) to the Parliament in the sphere of financial administration is secured through audit reports of the CAG.

1112. What three audit reports does the CAG submit to the President?

The CAG submits three audit reports to the President: audit report on appropriation accounts, audit report on finance accounts, and audit report on public undertakings.

1113. What happens after the President lays the CAG’s reports before Parliament?

After this, the Public Accounts Committee examines them and reports its findings to the Parliament.

1114. What does the CAG ascertain according to the 1971 Act regarding moneys disbursed?

The CAG has ‘to ascertain whether moneys shown in the accounts as having been disbursed was legally available for and applicable to the service or the purpose to which they have been applied or charged and whether the expenditure conforms to the authority that governs it’.

1115. What type of audit is the propriety audit, and is it obligatory for the CAG?

The propriety audit is a discretionary audit where the CAG can look into the ‘wisdom, faithfulness and economy’ of government expenditure, and it is not obligatory.

1116. What did the Ministry of Finance clarify in 2006 regarding performance audit by the CAG?

In 2006, the Ministry of Finance issued an Office Memorandum clarifying that performance audit falls within the scope of audit by the CAG.

1117. What is performance audit concerned with?

Performance audit is concerned with the audit of economy, efficiency and effectiveness in the receipt and application of public funds.

1118. What does performance audit attempt to assess and examine?

In this audit, an attempt is made (i) to assess and appraise to what extent the social and economic objectives sought to be achieved have been achieved and at what cost; (ii) to examine how far the agency of department is adequately discharging its financial responsibilities and (iii) to ascertain whether the schemes are being executed and their operations conducted economically.

1119. What is the CAG’s freedom regarding audit of expenditure versus audit of receipts, stores, and stock?

The CAG has more freedom regarding audit of expenditure than with audit of receipts, stores, and stock. He/she decides the scope of audit and frames audit codes for expenditure, but needs executive government approval for other audits.

1120. What is the limitation on the CAG’s auditing role regarding secret service expenditure?

The secret service expenditure is a limitation; the CAG cannot call for particulars of expenditure but must accept a certificate from the competent administrative authority.

1121. What is the practical difference between the CAG of India and the CAG of Britain?

The CAG of India fulfills the role of an Auditor-General only and not a Comptroller, meaning he/she has no control over money issue from the consolidated fund. The CAG of Britain has powers of both Comptroller and Auditor General.

1122. What is the role of CAG in the auditing of public corporations?

The role of CAG in auditing public corporations is limited.

1123. What are the three categories of the CAG’s relationship with public corporations regarding auditing?

The three categories are:

Some corporations are audited totally and directly by the CAG.
Some other corporations are audited by private professional auditors (with CAG consultation), and CAG can conduct supplementary audit.
Some other corporations are totally subjected to private audit, with their reports submitted directly to Parliament.

1124. What is the role of CAG in the auditing of Government companies?

The role of CAG in auditing Government companies is also limited. They are audited by private auditors appointed by the Government on the advice of the CAG, and the CAG can undertake supplementary or test audit.

1125. What was Paul H Appleby’s criticism of the CAG’s role in Indian Administration?

Paul H Appleby was very critical, suggesting the CAG should be relieved of the responsibility of audit, and recommending the abolition of the office of CAG.

1126. What were some of Paul H Appleby’s points of criticism regarding Indian audit?

His criticisms included:

The CAG’s function is largely an inheritance from colonial rule.
Auditing is a primary cause of widespread unwillingness to decide and act, having a repressive and negative influence.
Parliament has an exaggerated notion of auditing’s importance.
The CAG’s function is not very important, and auditors lack knowledge of good administration.
Auditing is a pedestrian function with limited usefulness.
A deputy secretary knows more than the CAG and staff about departmental problems.

1127. What did the Second Administrative Reforms Commission of India (2005–2009) identify as challenges before the external audit conducted by the CAG?

Challenges included:

Detailed examination of paras in Audit Reports by PAC is very low.
Action Taken Notes on undiscussed paras are largely formal.
Huge pendency of Audit Paras in State Legislatures, reducing relevance.
Thousands of inspection reports unattended, lacking accountability for timely action.
Untimely reports due to time gap between irregularity and reporting.
Audit findings based exclusively on documents and files, lacking physical verification.
External audit reports tend to be unduly negative and fault-finding, not recognizing practical constraints.
Audit Reports are not always constructive, not identifying systemic problems or giving credit for good performance.
Relationship between auditor and auditee is not always harmonious, viewed as policing rather than aid to management.
Poor/inadequate response to external audit from government officials.
Unsatisfactory functioning of Audit Committees.
Lack of informed media coverage of CAG’s reports.
Inadequate synergy/coordination between external and internal audit.
Rarely any audit of grants and loans to NGOs.

1128. Which Article of the Constitution deals with the Comptroller and Auditor-General of India?

Article 148 deals with the Comptroller and Auditor-General of India.

1129. Which Article of the Constitution deals with the Duties and powers of the Comptroller and Auditor-General?

Article 149 deals with the Duties and powers of the Comptroller and Auditor-General.

1130. Which Article of the Constitution deals with the Form of accounts of the Union and of the States?

Article 150 deals with the Form of accounts of the Union and of the States.

1131. Which Article of the Constitution deals with Audit reports of the CAG?

Article 151 deals with Audit reports.

Chapter 53 Attorney General of India

1132. What office has the Constitution (Article 76) provided for, and what is its status?

The Constitution (Article 76) has provided for the office of the Attorney General for India. He/she is the highest law officer in the country.

1133. Who appoints the Attorney General (AG)?

The Attorney General (AG) is appointed by the President.

1134. What are the qualifications required for a person to be appointed as AG?

He/she must be a person qualified to be appointed as a judge of the Supreme Court. This means being a citizen of India and having been a judge of some high court for five years or an advocate of some high court for ten years, or an eminent jurist in the opinion of the President.

1135. Is the term of office for the AG fixed by the Constitution?

No, the term of office of the AG is not fixed by the Constitution.

1136. Does the Constitution contain the procedure and grounds for the AG’s removal?

No, the Constitution does not contain the procedure and grounds for his/her removal.

1137. During whose pleasure does the AG hold office?

He/she holds office during the pleasure of the President.

1138. How can the AG quit office?

He/she may quit office by submitting resignation to the President.

1139. What is the conventional practice for the AG’s resignation?

Conventionally, he/she resigns when the government (council of ministers) resigns or is replaced, as he/she is appointed on its advice.

1140. Is the remuneration of the AG fixed by the Constitution?

No, the remuneration of the AG is not fixed by the Constitution.

1141. Who determines the remuneration of the AG?

He/she receives such remuneration as the President may determine.

1142. What are the duties of the AG as the chief law officer of the Government of India?

The duties of the AG include:

To give advice to the Government of India upon legal matters referred by the President.
To perform other duties of a legal character assigned by the President.
To discharge functions conferred on him/her by the Constitution or any other law.

1143. What specific duties has the President assigned to the AG?

The President has assigned the following duties:

To appear on behalf of the Government of India in all cases in the Supreme Court where the Government of India is concerned.
To represent the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution.
To appear (when required by the Government of India) in any high court in any case where the Government of India is concerned.

1144. What rights does the AG have in the performance of his/her official duties?

The AG has the right of audience in all courts in the territory of India.

1145. What are the AG’s rights regarding Parliamentary proceedings and committees?

He/she has the right to speak and to take part in the proceedings of both Houses of Parliament or their joint sitting and any committee of Parliament of which he/she may be named a member, but without a right to vote.

1146. What privileges and immunities does the AG enjoy?

He/she also enjoys all the privileges and immunities that are available to a member of Parliament.

1147. What limitations are placed on the AG to avoid complication and conflict of duty?

The limitations are:

He/she should not advise or hold a brief against the Government of India.
He/she should not advise or hold a brief in cases where he/she is called upon to advise or appear for the Government of India.
He/she should not defend accused persons in criminal prosecutions without the permission of the Government of India.
He/she should not accept appointment as a director in any company or corporation without the permission of the Government of India.
He/she should not advise any ministry or department of Government of India or any statutory organization or public sector undertaking unless the proposal is received through the Ministry of Law and Justice, Department of Legal Affairs.

1148. Is the AG a full-time counsel for the Government?

No, the AG is not a full-time counsel for the Government.

1149. Does the AG fall into the category of government servants?

No, he/she does not fall in the category of government servants.

1150. Is the AG debarred from private legal practice?

No, he/she is not debarred from private legal practice.

1151. What other law officers exist in the Government of India in addition to the AG?

In addition to the AG, there are the solicitor general of India and additional solicitor general of India.

1152. What is the role of the solicitor general of India and additional solicitor general of India?

They assist the AG in the fulfilment of his/her official responsibilities.

1153. Is the office of the solicitor general and additional solicitor general created by the Constitution?

No, only the office of the AG is created by the Constitution. Article 76 does not mention about the solicitor general and additional solicitor general.

1154. Is the AG a member of the Central cabinet?

No, the AG is not a member of the Central cabinet.

1155. Who looks after legal matters at the government level in the Central cabinet?

There is a separate law minister in the Central cabinet to look after legal matters at the government level.

1156. Which Article of the Constitution deals with the Attorney-General of India?

Article 76 deals with the Attorney-General of India.

1157. Which Article of the Constitution deals with the Rights of Attorney-General as respects the Houses of Parliament and its Committee?

Article 88 deals with the Rights of Attorney-General as respects the Houses of Parliament and its Committee.

1158. Which Article of the Constitution deals with the Powers, privileges and immunities of Attorney-General?

Article 105 deals with the Powers, privileges and immunities of Attorney-General.

Chapter 54 Advocate General of the State

1159. What office has the Constitution (Article 165) provided for at the state level, and what is its status?

The Constitution (Article 165) has provided for the office of the advocate general for the states. He/she is the highest law officer in the state.

1160. What is the relationship between the Advocate General and the Attorney General of India?

The Advocate General corresponds to the Attorney General of India.

1161. Who appoints the advocate general?

The advocate general is appointed by the governor.

1162. What are the qualifications required for a person to be appointed as advocate general?

He/she must be a person qualified to be appointed as a judge of a high court. This means being a citizen of India and having held a judicial office for ten years or been an advocate of a high court for ten years.

1163. Is the term of office for the advocate general fixed by the Constitution?

No, the term of office of the advocate general is not fixed by the Constitution.

1164. Does the Constitution contain the procedure and grounds for the advocate general’s removal?

No, the Constitution does not contain the procedure and grounds for his/her removal.

1165. During whose pleasure does the advocate general hold office?

He/she holds office during the pleasure of the governor.

1166. How can the advocate general quit office?

He/she may quit his/her office by submitting his/her resignation to the governor.

1167. What is the conventional practice for the advocate general’s resignation?

Conventionally, he/she resigns when the government (council of ministers) resigns or is replaced, as he/she is appointed on its advice.

1168. Is the remuneration of the advocate general fixed by the Constitution?

No, the remuneration of the advocate general is not fixed by the Constitution.

1169. Who determines the remuneration of the advocate general?

He/she receives such remuneration as the governor may determine.

1170. What are the duties of the advocate general as the chief law officer of the government in the state?

The duties of the advocate general include:

To give advice to the government of the state upon legal matters referred by the governor.
To perform other duties of a legal character assigned by the governor.
To discharge functions conferred on him/her by the Constitution or any other law.

1171. What rights does the advocate general have in the performance of his/her official duties?

The advocate general has the right to speak and to take part in the proceedings of both the Houses of the state legislature or any committee of the state legislature of which he/she may be named a member, but without a right to vote.

1172. What privileges and immunities does the advocate general enjoy?

He/she also enjoys all the privileges and immunities that are available to a member of the state legislature.

1173. Which Article of the Constitution deals with the Advocate-General of the State?

Article 165 deals with the Advocate-General of the State.

1174. Which Article of the Constitution deals with the Rights of Advocate-General as respects the Houses of State Legislature and its Committee?

Article 177 deals with the Rights of Advocate-General as respects the Houses of State Legislature and its Committee.

1175. Which Article of the Constitution deals with Powers, privileges and immunities of Advocate-General?

Article 194 deals with Powers, privileges and immunities of Advocate-General.

1176. Which Article of the Constitution relates to the Attorney-General of India?

Article 76 relates to the Attorney-General of India.

1177. Which Article of the Constitution relates to the Comptroller and Auditor-General of India?

Article 148 relates to the Comptroller and Auditor-General of India.

1178. Which Article of the Constitution relates to the Advocate-General of the State?

Article 165 relates to the Advocate-General of the State.

1179. Which Article of the Constitution relates to the State Finance Commission?

Article 243-I relates to the State Finance Commission.

1180. Which Article of the Constitution relates to the State Election Commission?

Article 243-K relates to the State Election Commission.

1181. Which Article of the Constitution relates to the District Planning Committee?

Article 243ZD relates to the District Planning Committee.

1182. Which Article of the Constitution relates to the Metropolitan Planning Committee?

Article 243ZE relates to the Metropolitan Planning Committee.

1183. Which Article of the Constitution relates to the Inter-State Council?

Article 263 relates to the Inter-State Council.

1184. Which Article of the Constitution relates to the Goods and Services Tax Council?

Article 279A relates to the Goods and Services Tax Council.

1185. Which Article of the Constitution relates to the Finance Commission?

Article 280 relates to the Finance Commission.

1186. Which Article of the Constitution relates to the Inter-State Trade and Commerce Commission?

Article 307 relates to the Inter-State Trade and Commerce Commission.

1187. Which Article of the Constitution relates to the Union Public Service Commission and State Public Service Commission?

Article 315 relates to the Union Public Service Commission and State Public Service Commission.

1188. Which Article of the Constitution relates to the Election Commission?

Article 324 relates to the Election Commission.

1189. Which Article of the Constitution relates to the National Commission for Scheduled Castes?

Article 338 relates to the National Commission for Scheduled Castes.

1190. Which Article of the Constitution relates to the National Commission for Scheduled Tribes?

Article 338A relates to the National Commission for Scheduled Tribes.

1191. Which Article of the Constitution relates to the National Commission for Backward Classes?

Article 338B relates to the National Commission for Backward Classes.

1192. Which Article of the Constitution relates to the Scheduled Areas and Scheduled Tribes Commission?

Article 339 relates to the Scheduled Areas and Scheduled Tribes Commission.

1193. Which Article of the Constitution relates to the Backward Classes Commission?

Article 340 relates to the Backward Classes Commission.

1194. Which Article of the Constitution relates to the Official Language Commission and Official Language Committee of Parliament?

Article 344 relates to the Official Language Commission and Official Language Committee of Parliament.

1195. Which Article of the Constitution relates to the Special Officer for Linguistic Minorities?

Article 350B relates to the Special Officer for Linguistic Minorities.

Chapter 55 Constitutional Prescriptions

1196. What is the composition of the Central Council of Ministers?

The Central Council of Ministers is composed of the Prime Minister and other Ministers.

1197. What is the composition of the Parliament?

The Parliament is composed of the President, Rajya Sabha and Lok Sabha.

1198. What is the composition of the Rajya Sabha?

The Rajya Sabha is composed of 250 Members.

1199. What is the composition of the Lok Sabha?

The Lok Sabha is composed of 550 Members.

1200. What is the composition of the Supreme Court?

The Supreme Court is composed of the Chief Justice of India and other Judges.

1201. What is the composition of the State Council of Ministers?

The State Council of Ministers is composed of the Chief Minister and other Ministers.

1202. What is the composition of the State Legislature?

The State Legislature is composed of the Governor, Legislative Council and Legislative Assembly or Governor and Legislative Assembly.

1203. What is the composition of the Legislative Assembly?

The Legislative Assembly has a maximum of 500 Members and a minimum of 60 Members.

1204. What is the composition of the Legislative Council?

The Legislative Council has a maximum of one-third of the total number of members in the State Legislative Assembly and a minimum of 40 members.

1205. What is the composition of the High Court?

The High Court is composed of the Chief Justice and other Judges.

1206. What is the composition of Panchayats?

The composition of Panchayats is Determined by the State Legislature.

1207. What is the composition of the State Finance Commission?

The composition of the State Finance Commission is Determined by the State Legislature.

1208. What is the composition of the State Election Commission?

The composition of the State Election Commission is the State Election Commissioner.

1209. What is the composition of Municipalities?

The composition of Municipalities is Determined by the State Legislature.

1210. What is the composition of the District Planning Committee?

The composition of the District Planning Committee is Determined by the State Legislature.

1211. What is the composition of the Metropolitan Planning Committee?

The composition of the Metropolitan Planning Committee is Determined by the State Legislature.

1212. What is the composition of the Inter-State Council?

The composition of the Inter-State Council is Determined by the President.

1213. What is the composition of the Goods and Services Tax Council?

The composition of the Goods and Services Tax Council includes a Chairperson, Vice-Chairperson and Members.

1214. What is the composition of the Finance Commission?

The composition of the Finance Commission includes a Chairman and four other Members.

1215. What is the composition of the Inter-State Trade and Commerce Commission?

The composition of the Inter-State Trade and Commerce Commission is Determined by the Parliament.

1216. What is the composition of the Union Public Service Commission?

The composition of the Union Public Service Commission includes a Chairman and other Members.

1217. What is the composition of the State Public Service Commission?

The composition of the State Public Service Commission includes a Chairman and other Members.

1218. What is the composition of the Joint State Public Service Commission?

The composition of the Joint State Public Service Commission includes a Chairman and other Members.

1219. What is the composition of the Central Administrative Tribunal?

The composition of the Central Administrative Tribunal is Determined by the Parliament.

1220. What is the composition of the State Administrative Tribunal?

The composition of the State Administrative Tribunal is Determined by the Parliament.

1221. What determines the composition of Tribunals for other matters?

The composition of Tribunals for other matters is Determined by the appropriate Legislature (Parliament or State Legislature).

1222. What is the composition of the Election Commission?

The composition of the Election Commission includes the Chief Election Commissioner and other Election Commissioners.

1223. What is the composition of the National Commission for SCs?

The composition of the National Commission for SCs includes a Chairperson, Vice-Chairperson and three other Members.

1224. What is the composition of the National Commission for STs?

The composition of the National Commission for STs includes a Chairperson, Vice-Chairperson and three other Members.

1225. What is the composition of the National Commission for BCs?

The composition of the National Commission for BCs includes a Chairperson, Vice-Chairperson and three other Members.

1226. What determines the composition of the Scheduled Areas and Scheduled Tribes Commission?

The composition of the Scheduled Areas and Scheduled Tribes Commission is Determined by the President.

1227. What determines the composition of the Backward Classes Commission?

The composition of the Backward Classes Commission is Determined by the President.

1228. What is the composition of the Official Language Commission?

The composition of the Official Language Commission includes a Chairman and other Members.

1229. What is the composition of the Official Language Committee of Parliament?

The composition of the Official Language Committee of Parliament includes Thirty Members (twenty from Lok Sabha and ten from Rajya Sabha).

1230. What is the minimum number of members for the Legislative Assembly of Nagaland?

The Legislative Assembly of Nagaland has a minimum of 46 members.

1231. What is the minimum number of members for the Legislative Assembly of Sikkim?

The Legislative Assembly of Sikkim has a minimum of 30 members.

1232. What is the minimum number of members for the Legislative Assembly of Mizoram?

The Legislative Assembly of Mizoram has a minimum of 40 members.

1233. What is the minimum number of members for the Legislative Assembly of Arunachal Pradesh?

The Legislative Assembly of Arunachal Pradesh has a minimum of 30 members.

1234. What is the minimum number of members for the Legislative Assembly of Goa?

The Legislative Assembly of Goa has a minimum of 30 members.

1235. What is the maximum number of members for the Tribes Advisory Council?

The Tribes Advisory Council has a maximum of 20 members.

1236. What is the maximum number of members for the District Council of an autonomous district?

The District Council of an autonomous district has a maximum of 30 members.

1237. Who appoints/elects the President?

The President is appointed/elected by an Electoral College consisting of the elected MPs and MLAs.

1238. Who appoints/elects the Vice-President?

The Vice-President is appointed/elected by an Electoral college consisting of the MPs.

1239. Who appoints/elects the Prime Minister?

The Prime Minister is appointed/elected by the President.

1240. Who appoints/elects Central Ministers?

Central Ministers are appointed/elected by the President.

1241. Who appoints/elects the Attorney-General of India?

The Attorney-General of India is appointed/elected by the President.

1242. Who appoints/elects Members of the Rajya Sabha?

Members of the Rajya Sabha are appointed/elected by Elected MLAs/President.

1243. Who appoints/elects Members of the Lok Sabha?

Members of the Lok Sabha are appointed/elected by Voters.

1244. Who appoints/elects the Deputy Chairman of the Rajya Sabha?

The Deputy Chairman of the Rajya Sabha is appointed/elected by Members of the Rajya Sabha.

1245. Who appoints/elects the Speaker and Deputy Speaker of the Lok Sabha?

The Speaker and Deputy Speaker of the Lok Sabha are appointed/elected by Members of the Lok Sabha.

1246. Who appoints/elects Judges of the Supreme Court?

Judges of the Supreme Court are appointed/elected by the President.

1247. Who appoints/elects the Comptroller and Auditor-General of India?

The Comptroller and Auditor-General of India is appointed/elected by the President.

1248. Who appoints/elects the Governor of a State?

The Governor of a State is appointed/elected by the President.

1249. Who appoints/elects the Chief Minister?

The Chief Minister is appointed/elected by the Governor.

1250. Who appoints/elects State Ministers?

State Ministers are appointed/elected by the Governor.

1251. Who appoints/elects the Advocate General of a State?

The Advocate General of a State is appointed/elected by the Governor.

1252. Who appoints/elects Members of the State Legislative Assemblies?

Members of the State Legislative Assemblies are appointed/elected by Voters.

1253. Who appoints/elects Members of the State Legislative Councils?

Members of the State Legislative Councils are appointed/elected by Local Bodies/Graduates/Teachers/MLAs/Governor.

1254. Who appoints/elects the Speaker and Deputy Speaker of the State Legislative Assembly?

The Speaker and Deputy Speaker of the State Legislative Assembly are appointed/elected by Members of the State Legislative Assembly.

1255. Who appoints/elects the Chairman and Deputy Chairman of the State Legislative Council?

The Chairman and Deputy Chairman of the State Legislative Council are appointed/elected by Members of the State Legislative Council.

1256. Who appoints/elects Judges of the High Courts?

Judges of the High Courts are appointed/elected by the President.

1257. Who appoints/elects District Judges?

District Judges are appointed/elected by the Governor.

1258. Who appoints/elects the Administrator of a Union Territory?

The Administrator of a Union Territory is appointed/elected by the President.

1259. Who appoints/elects the Chief Minister of NCT of Delhi?

The Chief Minister of NCT of Delhi is appointed/elected by the President.

1260. Who appoints/elects Ministers of NCT of Delhi?

Ministers of NCT of Delhi are appointed/elected by the President.

1261. Who appoints/elects Members of the Panchayats?

Members of the Panchayats are appointed/elected by Voters.

1262. Who appoints/elects the State Election Commissioner?

The State Election Commissioner is appointed/elected by the Governor.

1263. Who appoints/elects Members of the Municipalities?

Members of the Municipalities are appointed/elected by Voters.

1264. Who appoints/elects the Chairman and Members of the Finance Commission?

The Chairman and Members of the Finance Commission are appointed/elected by the President.

1265. Who appoints/elects the Chairman and Members of the UPSC?

The Chairman and Members of the UPSC are appointed/elected by the President.

1266. Who appoints/elects the Chairman and Members of a SPSC?

The Chairman and Members of a SPSC are appointed/elected by the Governor.

1267. Who appoints/elects the Chairman and Members of a JSPSC?

The Chairman and Members of a JSPSC are appointed/elected by the President.

1268. Who appoints/elects the Chief Election Commissioner and other Election Commissioners?

The Chief Election Commissioner and other Election Commissioners are appointed/elected by the President.

1269. Who appoints/elects the Chairperson, Vice-Chairperson and Members of the National Commission for SCs?

The Chairperson, Vice-Chairperson and Members of the National Commission for SCs are appointed/elected by the President.

1270. Who appoints/elects the Chairperson, Vice-Chairperson and Members of the National Commission for STs?

The Chairperson, Vice-Chairperson and Members of the National Commission for STs are appointed/elected by the President.

1271. Who appoints/elects the Chairperson, Vice-Chairperson and Members of the National Commission for BCs?

The Chairperson, Vice-Chairperson and Members of the National Commission for BCs are appointed/elected by the President.

1272. Who appoints/elects the Scheduled Areas and Scheduled Tribes Commission?

The Scheduled Areas and Scheduled Tribes Commission is appointed/elected by the President.

1273. Who appoints/elects the Backward Classes Commission?

The Backward Classes Commission is appointed/elected by the President.

1274. Who appoints/elects the Chairman and Members of the Official Language Commission?

The Chairman and Members of the Official Language Commission are appointed/elected by the President.

1275. Who appoints/elects Members of the Official Language Committee of Parliament?

Members of the Official Language Committee of Parliament are appointed/elected by Members of the Lok Sabha and Members of the Rajya Sabha.

1276. Who appoints/elects the Special Officer for Linguistic Minorities?

The Special Officer for Linguistic Minorities is appointed/elected by the President.

1277. Who appoints/elects Members of the District Council of an autonomous district?

Members of the District Council of an autonomous district are appointed/elected by Voters/Governor.

1278. Who appoints/elects the Commission on the Administration of Autonomous Districts and Autonomous Regions?

The Commission on the Administration of Autonomous Districts and Autonomous Regions is appointed/elected by the Governor.

1279. What is the prescribed age for Election of the President?

The prescribed age for Election of the President is 35 years.

1280. What is the prescribed age for Election of the Vice-President?

The prescribed age for Election of the Vice-President is 35 years.

1281. What is the prescribed age for Election of a member of the Rajya Sabha?

The prescribed age for Election of a member of the Rajya Sabha is 30 years.

1282. What is the prescribed age for Election of a member of the Lok Sabha?

The prescribed age for Election of a member of the Lok Sabha is 25 years.

1283. What is the retirement age for a Judge of the Supreme Court?

The retirement age for a Judge of the Supreme Court is 65 years.

1284. What is the prescribed age for Appointment of the Governor of a State?

The prescribed age for Appointment of the Governor of a State is 35 years.

1285. What is the prescribed age for Election of a member of the State Legislative Council?

The prescribed age for Election of a member of the State Legislative Council is 30 years.

1286. What is the prescribed age for Election of a member of the State Legislative Assembly?

The prescribed age for Election of a member of the State Legislative Assembly is 25 years.

1287. What is the retirement age for a Judge of the High Courts?

The retirement age for a Judge of the High Courts is 62 years.

1288. What is the prescribed age for Election of a member of the Panchayats?

The prescribed age for Election of a member of the Panchayats is 21 years.

1289. What is the prescribed age for Election of a member of the Municipalities?

The prescribed age for Election of a member of the Municipalities is 21 years.

1290. What is the retirement age for a member of the UPSC?

The retirement age for a member of the UPSC is 65 years.

1291. What is the retirement age for a member of a SPSC?

The retirement age for a member of a SPSC is 62 years.

1292. What is the retirement age for a member of a JSPSC?

The retirement age for a member of a JSPSC is 62 years.

1293. What is the prescribed age for Registration as a voter in the electoral roll?

The prescribed age for Registration as a voter in the electoral roll is 18 years.

1294. Who administers the Oath to the President?

The Oath to the President is administered by the Chief Justice of India (or the senior most Judge of the Supreme Court available).

1295. Who administers the Oath to the Vice-President?

The Oath to the Vice-President is administered by the President (or some person appointed in that behalf by him).

1296. Who administers the Oath to Union Ministers?

The Oath to Union Ministers is administered by the President.

1297. Who administers the Oath to a Candidate for election to the Parliament?

The Oath to a Candidate for election to the Parliament is administered by some person authorized in that behalf by the Election Commission.

1298. Who administers the Oath to Members of the Parliament?

The Oath to Members of the Parliament is administered by the President (or some person appointed in that behalf by him).

1299. Who administers the Oath to Judges of the Supreme Court?

The Oath to Judges of the Supreme Court is administered by the President (or some person appointed in that behalf by him).

1300. Who administers the Oath to the Comptroller and Auditor-General of India?

The Oath to the Comptroller and Auditor-General of India is administered by the President (or some person appointed in that behalf by him).

1301. Who administers the Oath to the Governor of a State?

The Oath to the Governor of a State is administered by the Chief Justice of the State High Court (or the senior most Judge of the State High Court available).

1302. Who administers the Oath to State Ministers?

The Oath to State Ministers is administered by the Governor of the State.

1303. Who administers the Oath to a Candidate for election to the State Legislature?

The Oath to a Candidate for election to the State Legislature is administered by some person authorized in that behalf by the Election Commission.

1304. Who administers the Oath to Members of the State Legislature?

The Oath to Members of the State Legislature is administered by the Governor of the State (or some person appointed in that behalf by him).

1305. Who administers the Oath to Judges of the High Courts?

The Oath to Judges of the High Courts is administered by the Governor of the State (or some person appointed in that behalf by him).

1306. What is the term/duration of the President?

The term/duration of the President is 5 years.

1307. What is the term/duration of the Vice-President?

The term/duration of the Vice-President is 5 years.

1308. What is the term/duration of the Prime Minister?

The term/duration of the Prime Minister is During the pleasure of the President.

1309. What is the term/duration of Central Ministers?

The term/duration of Central Ministers is During the pleasure of the President.

1310. What is the term/duration of the Attorney-General of India?

The term/duration of the Attorney-General of India is During the pleasure of the President.

1311. What is the term/duration of the Rajya Sabha?

The term/duration of the Rajya Sabha is a Continuing Chamber (one-third of its members retire every second year).

1312. What is the term/duration of the Lok Sabha?

The term/duration of the Lok Sabha is 5 years.

1313. What is the term/duration of the Comptroller and Auditor-General of India?

The term/duration of the Comptroller and Auditor-General of India is Determined by the Parliament.

1314. What is the term/duration of the Governor?

The term/duration of the Governor is 5 years (or) during the pleasure of the President.

1315. What is the term/duration of the Chief Minister?

The term/duration of the Chief Minister is During the pleasure of the Governor.

1316. What is the term/duration of State Ministers?

The term/duration of State Ministers is During the pleasure of the Governor.

1317. What is the term/duration of the Advocate-General of a State?

The term/duration of the Advocate-General of a State is During the pleasure of the Governor.

1318. What is the term/duration of the State Legislative Assembly?

The term/duration of the State Legislative Assembly is 5 years.

1319. What is the term/duration of the State Legislative Council?

The term/duration of the State Legislative Council is a Continuing Chamber (one-third of its members retire every second year).

1320. What is the term/duration of the Chief Minister of NCT of Delhi?

The term/duration of the Chief Minister of NCT of Delhi is During the pleasure of the President.

1321. What is the term/duration of Ministers of NCT of Delhi?

The term/duration of Ministers of NCT of Delhi is During the pleasure of the President.

1322. What is the term/duration of Panchayats?

The term/duration of Panchayats is 5 years.

1323. What is the term/duration of the State Election Commissioner?

The term/duration of the State Election Commissioner is Determined by the Governor (subject to the law of the State Legislature).

1324. What is the term/duration of Municipalities?

The term/duration of Municipalities is 5 years.

1325. What is the term/duration of the Board of Directors of a co-operative Society?

The term/duration of the Board of Directors of a co-operative Society is 5 years.

1326. What is the term/duration of the Chairman and Members of the UPSC?

The term/duration of the Chairman and Members of the UPSC is 6 years.

1327. What is the term/duration of the Chairman and Members of the SPSC?

The term/duration of the Chairman and Members of the SPSC is 6 years.

1328. What is the term/duration of the Chairman and Members of the JSPSC?

The term/duration of the Chairman and Members of the JSPSC is 6 years.

1329. What is the term/duration of the Chief Election Commissioner and other election Commissioners?

The term/duration of the Chief Election Commissioner and other election Commissioners is Determined by the President (subject to the law of Parliament).

1330. What is the term/duration of the Chairperson, Vice-Chairperson and Members of the National Commission for SCs?

The term/duration of the Chairperson, Vice-Chairperson and Members of the National Commission for SCs is Determined by the President (subject to the law of Parliament).

1331. What is the term/duration of the Chairperson, Vice-Chairperson and Members of the National Commission for STs?

The term/duration of the Chairperson, Vice-Chairperson and Members of the National Commission for STs is Determined by the President (subject to the law of Parliament).

1332. What is the term/duration of the Chairperson, Vice-Chairperson and Members of the National Commission for BCs?

The term/duration of the Chairperson, Vice-Chairperson and Members of the National Commission for BCs is Determined by the President (subject to the law of Parliament).

1333. What is the term/duration of Elected Members of the District Council of an autonomous district?

The term/duration of Elected Members of the District Council of an autonomous district is 5 years.

1334. What is the term/duration of Nominated Members of the District Council of an autonomous district?

The term/duration of Nominated Members of the District Council of an autonomous district is During the pleasure of the Governor.

1335. Who determines the salary of the President?

The salary of the President is determined by Parliament.

1336. Who determines the salary of the Vice-President?

The Vice-President receives No Salary (Entitled to the Salary of the Chairman of the Rajya Sabha).

1337. Who determines the salary of the Prime Minister?

The salary of the Prime Minister is determined by Parliament.

1338. Who determines the salary of Central Ministers?

The salary of Central Ministers is determined by Parliament.

1339. Who determines the salary of the Attorney-General of India?

The salary of the Attorney-General of India is determined by the President.

1340. Who determines the salary of the Chairman and Deputy Chairman of the Rajya Sabha?

The salary of the Chairman and Deputy Chairman of the Rajya Sabha is determined by Parliament.

1341. Who determines the salary of the Speaker and Deputy Speaker of the Lok Sabha?

The salary of the Speaker and Deputy Speaker of the Lok Sabha is determined by Parliament.

1342. Who determines the salary of Members of Parliament (Both Rajya Sabha and Lok Sabha)?

The salary of Members of Parliament (Both Rajya Sabha and Lok Sabha) is determined by Parliament.

1343. Who determines the salary of Judges of the Supreme Court?

The salary of Judges of the Supreme Court is determined by Parliament.

1344. Who determines the salary of the Comptroller and Auditor-General of India?

The salary of the Comptroller and Auditor-General of India is determined by Parliament.

1345. Who determines the salary of the Governor of a State?

The salary of the Governor of a State is determined by Parliament.

1346. Who determines the salary of the Chief Minister?

The salary of the Chief Minister is determined by the State Legislature.

1347. Who determines the salary of State Ministers?

The salary of State Ministers is determined by the State Legislature.

1348. Who determines the salary of the Advocate-General of a State?

The salary of the Advocate-General of a State is determined by the Governor.

1349. Who determines the salary of the Speaker and Deputy Speaker of the State Legislative Assembly?

The salary of the Speaker and Deputy Speaker of the State Legislative Assembly is determined by the State Legislature.

1350. Who determines the salary of the Chairman and Deputy Chairman of the State Legislative Council?

The salary of the Chairman and Deputy Chairman of the State Legislative Council is determined by the State Legislature.

1351. Who determines the salary of Members of the State Legislature (Both Assembly and Council)?

The salary of Members of the State Legislature (Both Assembly and Council) is determined by the State Legislature.

1352. Who determines the salary of Judges of the High Courts?

The salary of Judges of the High Courts is determined by Parliament.

1353. Who determines the salary of the State Election Commissioner?

The salary of the State Election Commissioner is determined by the Governor (subject to the law of the State Legislature).

1354. Who determines the salary of the Chairman and Members of the UPSC?

The salary of the Chairman and Members of the UPSC is determined by the President.

1355. Who determines the salary of the Chairman and Members of a SPSC?

The salary of the Chairman and Members of a SPSC is determined by the Governor.

1356. Who determines the salary of the Chairman and Members of a JSPSC?

The salary of the Chairman and Members of a JSPSC is determined by the President.

1357. Who determines the salary of the Chief Election Commissioner and other Election Commissioners?

The salary of the Chief Election Commissioner and other Election Commissioners is determined by the President (subject to the law of Parliament).

1358. Who determines the salary of the Chairperson, Vice-Chairperson and Members of the National Commission for SCs?

The salary of the Chairperson, Vice-Chairperson and Members of the National Commission for SCs is determined by the President (subject to the law of Parliament).

1359. Who determines the salary of the Chairperson, Vice-Chairperson and Members of the National Commission for STs?

The salary of the Chairperson, Vice-Chairperson and Members of the National Commission for STs is determined by the President (subject to the law of Parliament).

1360. Who determines the salary of the Chairperson, Vice-Chairperson and Members of the National Commission for BCs?

The salary of the Chairperson, Vice-Chairperson and Members of the National Commission for BCs is determined by the President (subject to the law of Parliament).

1361. To whom does the President submit their resignation?

The President submits their resignation to the Vice-President.

1362. To whom does the Vice-President submit their resignation?

The Vice-President submits their resignation to the President.

1363. To whom does the Deputy Chairman of the Rajya Sabha submit their resignation?

The Deputy Chairman of the Rajya Sabha submits their resignation to the Chairman of the Rajya Sabha.

1364. To whom does the Speaker of the Lok Sabha submit their resignation?

The Speaker of the Lok Sabha submits their resignation to the Deputy Speaker of the Lok Sabha.

1365. To whom does the Deputy Speaker of the Lok Sabha submit their resignation?

The Deputy Speaker of the Lok Sabha submits their resignation to the Speaker of the Lok Sabha.

1366. To whom do Members of the Rajya Sabha submit their resignation?

Members of the Rajya Sabha submit their resignation to the Chairman of the Rajya Sabha.

1367. To whom do Members of the Lok Sabha submit their resignation?

Members of the Lok Sabha submit their resignation to the Speaker of the Lok Sabha.

1368. To whom do Judges of the Supreme Court submit their resignation?

Judges of the Supreme Court submit their resignation to the President.

1369. To whom does the Governor of a State submit their resignation?

The Governor of a State submits their resignation to the President.

1370. To whom does the Speaker of the State Legislative Assembly submit their resignation?

The Speaker of the State Legislative Assembly submits their resignation to the Deputy Speaker of the State Legislative Assembly.

1371. To whom does the Deputy Speaker of the State Legislative Assembly submit their resignation?

The Deputy Speaker of the State Legislative Assembly submits their resignation to the Speaker of the State Legislative Assembly.

1372. To whom does the Chairman of the State Legislative Council submit their resignation?

The Chairman of the State Legislative Council submits their resignation to the Deputy Chairman of the State Legislative Council.

1373. To whom does the Deputy Chairman of the State Legislative Council submit their resignation?

The Deputy Chairman of the State Legislative Council submits their resignation to the Chairman of the State Legislative Council.

1374. To whom do Members of the State Legislative Assembly submit their resignation?

Members of the State Legislative Assembly submit their resignation to the Speaker of the State Legislative Assembly.

1375. To whom do Members of the State Legislative Council submit their resignation?

Members of the State Legislative Council submit their resignation to the Chairman of the State Legislative Council.

1376. To whom do Judges of the High Courts submit their resignation?

Judges of the High Courts submit their resignation to the President.

1377. To whom do the Chairman and Members of the UPSC submit their resignation?

The Chairman and Members of the UPSC submit their resignation to the President.

1378. To whom do the Chairman and Members of a SPSC submit their resignation?

The Chairman and Members of a SPSC submit their resignation to the Governor.

1379. To whom do the Chairman and Members of a JSPSC submit their resignation?

The Chairman and Members of a JSPSC submit their resignation to the President.

1380. Who removes/dissolves the President?

The President is removed/dissolved by Parliament.

1381. Who removes/dissolves the Vice-President?

The Vice-President is removed/dissolved by Parliament.

1382. Who removes/dissolves the Rajya Sabha?

The Rajya Sabha is Not subject to dissolution.

1383. Who removes/dissolves the Lok Sabha?

The Lok Sabha is removed/dissolved by the President.

1384. Who removes/dissolves the Deputy Chairman of the Rajya Sabha?

The Deputy Chairman of the Rajya Sabha is removed/dissolved by the Rajya Sabha.

1385. Who removes/dissolves the Speaker and Deputy Speaker of the Lok Sabha?

The Speaker and Deputy Speaker of the Lok Sabha are removed/dissolved by the Lok Sabha.

1386. Who removes/dissolves Judges of the Supreme Court?

Judges of the Supreme Court are removed/dissolved by the President (on the recommendation of the Parliament).

1387. Who removes/dissolves the Comptroller and Auditor-General of India?

The Comptroller and Auditor-General of India is removed/dissolved by the President (on the recommendation of the Parliament).

1388. Who removes/dissolves the State Legislative Council?

The State Legislative Council is Not subject to dissolution.

1389. Who removes/dissolves the State Legislative Assembly?

The State Legislative Assembly is removed/dissolved by the Governor.

1390. Who removes/dissolves the Speaker and Deputy Speaker of the State Legislative Assembly?

The Speaker and Deputy Speaker of the State Legislative Assembly are removed/dissolved by the State Legislative Assembly.

1391. Who removes/dissolves the Chairman and Deputy Chairman of the State Legislative Council?

The Chairman and Deputy Chairman of the State Legislative Council are removed/dissolved by the State Legislative Council.

1392. Who removes/dissolves Judges of the High Courts?

Judges of the High Courts are removed/dissolved by the President.

1393. Who removes/dissolves the State Election Commissioner?

The State Election Commissioner is removed/dissolved by the President (on the recommendation of the Parliament).

1394. Who removes/dissolves the Chairman and Members of the UPSC, a JSPSC and a SPSC?

The Chairman and Members of the UPSC, a JSPSC and a SPSC are removed/dissolved by the President.

1395. Who removes/dissolves the Chief Election Commissioner?

The Chief Election Commissioner is removed/dissolved by the President (on the recommendation of the Parliament).

1396. Who removes/dissolves Election Commissioners or Regional Commissioners?

Election Commissioners or Regional Commissioners are removed/dissolved by the President (on the recommendation of the Chief Election Commissioner).

1397. Who removes/dissolves the District Council of an autonomous district and Regional Council of an Autonomous Region?

The District Council of an autonomous district and Regional Council of an Autonomous Region are removed/dissolved by the Governor (on the recommendation of the Commission on the Administration of Autonomous Districts and autonomous regions).

1398. To whom does the Comptroller and Auditor-General of India submit their report?

The Comptroller and Auditor-General of India submits their report to the President (related to the Union) and Governor (related to the State).

1399. To whom does the State Finance Commission submit their report?

The State Finance Commission submits their report to the Governor.

1400. To whom does the Chairperson of the District Planning Committee submit their report?

The Chairperson of the District Planning Committee submits their report to the State Government.

1401. To whom does the Chairperson of the Metropolitan Planning Committee submit their report?

The Chairperson of the Metropolitan Planning Committee submits their report to the State Government.

1402. To whom does the Finance Commission submit their report?

The Finance Commission submits their report to the President.

1403. To whom does the UPSC submit their report?

The UPSC submits their report to the President.

1404. To whom does the SPSC submit their report?

The SPSC submits their report to the Governor.

1405. To whom does the JSPSC submit their report?

The JSPSC submits their report to the Governor.

1406. To whom does the National Commission for SCs submit their report?

The National Commission for SCs submits their report to the President.

1407. To whom does the National Commission for STs submit their report?

The National Commission for STs submits their report to the President.

1408. To whom does the National Commission for BCs submit their report?

The National Commission for BCs submits their report to the President.

1409. To whom does the Scheduled Areas and Scheduled Tribes Commission submit their report?

The Scheduled Areas and Scheduled Tribes Commission submits their report to the President.

1410. To whom does the Backward Classes Commission submit their report?

The Backward Classes Commission submits their report to the President.

1411. To whom does the Official Language Commission submit their report?

The Official Language Commission submits their report to the President.

1412. To whom does the Official Language Committee of Parliament submit their report?

The Official Language Committee of Parliament submits their report to the President.

1413. To whom does the Special Officer for Linguistic Minorities submit their report?

The Special Officer for Linguistic Minorities submits their report to the President.

1414. To whom does the Governor submit their report regarding the failure of constitutional machinery in the State?

The Governor submits their report to the President (regarding the failure of constitutional machinery in the State).

1415. To whom does the Governor submit their report regarding the administration of Scheduled Areas in the State?

The Governor submits their report to the President (regarding the administration of Scheduled Areas in the State).

1416. To whom does the Commission on the Administration of Autonomous Districts and Autonomous Regions submit their report?

The Commission on the Administration of Autonomous Districts and Autonomous Regions submits their report to the Governor.

Chapter 56 NITI Aayog

1417. When did the Modi Government scrap the Planning Commission and announce its replacement?

On August 13, 2014, the Modi Government scrapped the 65-year-old Planning Commission and announced its replacement.

1418. When was the NITI Aayog established as the successor to the Planning Commission?

The NITI Aayog (National Institution for Transforming India) was established on January 1, 2015.

1419. What is the nature of the NITI Aayog in terms of being a constitutional or statutory body?

The NITI Aayog, like the Planning Commission, was created by an executive resolution of the Government of India (Union Cabinet), making it neither a constitutional body nor a statutory body.

1420. What is the primary role of the NITI Aayog?

The NITI Aayog is the premier policy ‘Think Tank’ of the Government of India, providing both directional and policy inputs.

1421. What kind of advice does the NITI Aayog provide to the Centre and States?

While designing strategic and long-term policies and programmes, NITI Aayog also provides relevant technical advice to the Centre and States.

1422. How has the NITI Aayog shifted the approach to policy flow compared to the Planning Commission era?

The NITI Aayog replaces the centre-to-state one-way flow of policy with a genuine and continuing partnership of states.

1423. What approach does the NITI Aayog adopt in its policy thinking?

NITI Aayog accommodates diverse points of view in a collaborative setting, shaped by a ‘bottom-up’ approach rather than a ‘top-down’ model.

1424. What was the Union Government’s observation regarding the paradigm shift in India over the past six decades, leading to the establishment of NITI Aayog?

The Union Government observed that India had undergone a paradigm shift, and the role of Government in national development had evolved, making a ‘one-size-fits-all’ approach to economic planning obsolete.

1425. What is the new institution (NITI Aayog) intended to be a catalyst for?

The new institution will be a catalyst to the developmental process, nurturing an overall enabling environment through a holistic approach.

1426. What are the foundations upon which the new institution (NITI Aayog) will be built?

The new institution will be built on the foundations of:

An empowered role of States as equal partners in national development, operationalising Cooperative Federalism.
A knowledge hub of internal and external resources, serving as a repository of good governance best practices and a Think Tank.
A collaborative platform facilitating implementation by monitoring progress and bringing ministries together.

1427. What is the composition of the NITI Aayog?

The composition of the NITI Aayog is as follows:

Chairperson: The Prime Minister of India.
Governing Council: Chief Ministers of all States, Chief Ministers of UTs with Legislatures, and Lt. Governors of other UTs.
Regional Councils: Formed to address specific issues, convened by the Prime Minister, comprising Chief Ministers of States and Lt. Governors of UTs in the region, chaired by the Chairperson of NITI Aayog or nominee.
Special Invitees: Experts, specialists, and practitioners nominated by the Prime Minister.
Full-time Organisational Framework: Includes Vice-Chairperson, Full-time Members, Part-time Members, Ex-Officio Members, Chief Executive Officer, and Secretariat.

1428. Who is the Chairperson of the NITI Aayog?

The Prime Minister of India is the Chairperson.

1429. What is the composition of the Governing Council of NITI Aayog?

The Governing Council comprises the Chief Ministers of all the States, Chief Ministers of Union Territories with Legislatures (Delhi, Puducherry and Jammu and Kashmir) and Lt. Governors of other Union Territories.

1430. What is the purpose of Regional Councils in NITI Aayog?

Regional Councils are formed to address specific issues and contingencies impacting more than one state or region.

1431. Who convenes and chairs Regional Councils?

They are convened by the Prime Minister and chaired by the Chairperson of the NITI Aayog or his/her nominee.

1432. Who are Special Invitees to NITI Aayog?

Experts, specialists and practitioners with relevant domain knowledge are nominated by the Prime Minister as special invitees.

1433. What is the rank of the Vice-Chairperson of NITI Aayog?

The Vice-Chairperson enjoys the rank of a Cabinet Minister.

1434. What is the rank of Full-time Members of NITI Aayog?

Full-time Members enjoy the rank of a Minister of State.

1435. What is the maximum number of Part-time Members in NITI Aayog, and from where are they drawn?

Maximum of 2 Part-time Members from leading universities, research organisations, and other relevant institutions in an ex-officio capacity, on a rotation basis.

1436. What is the maximum number of Ex-Officio Members in NITI Aayog, and who nominates them?

Maximum of 4 Ex-Officio Members of the Union Council of Ministers are nominated by the Prime Minister.

1437. Who appoints the Chief Executive Officer (CEO) of NITI Aayog, and what is their rank and tenure?

The Chief Executive Officer is appointed by the Prime Minister for a fixed tenure, in the rank of Secretary to the Government of India.

1438. What are the objectives of the NITI Aayog?

The objectives of the NITI Aayog are:

To evolve a shared vision of national development priorities, sectors, and strategies with active involvement of States.
To foster cooperative federalism through structured support initiatives and mechanisms with the States.
To develop mechanisms to formulate credible plans at the village level and aggregate them progressively at higher levels.
To ensure that national security interests are incorporated in economic strategy and policy.
To pay special attention to sections of society at risk of not benefiting adequately from economic progress.
To design strategic and long-term policy and programme frameworks and initiatives, and monitor their progress and efficacy.
To provide advice and encourage partnerships between key stakeholders and national/international think tanks, educational, and policy research institutions.
To create a knowledge, innovation and entrepreneurial support system through a collaborative community of experts.
To offer a platform for the resolution of inter-sectoral and inter-departmental issues.
To maintain a State-of-the-Art Resource Centre for good governance and best practices.
To actively monitor and evaluate the implementation of programmes and initiatives.
To focus on technology upgradation and capacity building.
To undertake other necessary activities to further the national development agenda.

1439. What are the two main hubs of NITI Aayog’s activities?

The NITI Aayog’s entire gamut of activities is divided into two main hubs: Team India and Knowledge and Innovation.

1440. What is the mandate of the Team India Hub?

The Team India Hub carries out the mandate of fostering cooperative federalism and designing policy and programme frameworks, providing coordination and support in NITI Aayog’s engagement with States.

1441. What does the Knowledge and Innovation Hub maintain?

The Knowledge and Innovation Hub maintains a state-of-the-art resource centre, a repository of research on good governance and best practices, and provides advice and encourages partnerships.

1442. What are the four main heads under which the functions of the NITI Aayog are divided?

The functions are divided into:

Policy and programme framework.
Co-operative and competitive federalism.
Monitoring and evaluation.
Think-tank, Knowledge and Innovation Hub.

1443. How is the NITI Aayog functionally divided?

The NITI Aayog is functionally divided into various verticals/cells, responsible for examining sectoral issues and priorities for national development and economic growth.

1444. What are some of the verticals/cells of NITI Aayog?

Some verticals/cells include: Administration and Support Units, Agriculture and Allied Sectors, Aspirational Districts Programme Cell, Communication and Social Media Cell, Data Management and Analysis, and Frontier Technologies, Economics and Finance Cell, Education, Governance and Research, Governing Council Secretariat and Coordination, Industry-I, Industry-II, Infrastructure-Connectivity, Infrastructure-Energy, Micro, Small and Medium Enterprises, Natural Resources and Environment, and Island Development, Project Appraisal and Management Division, Public–Private Partnership, Rural Development, Science and Technology, Social Justice and Empowerment, and Voluntary Action Cell, Social Sector-I (Skill Development, Labour and Employment, and Urban Development), Social Sector-II (Health and Nutrition, and Women and Child Development), State Finances and Coordination, Sustainable Development Goals, Water and Land Resources.

1445. What are the guiding principles of the NITI Aayog?

The guiding principles are:

Antyodaya: Prioritising service and uplift of the poor, marginalised, and downtrodden.
Inclusion: Empowering vulnerable and marginalised sections, redressing identity-based inequalities.
Village: Integrating villages into the development process, drawing on ethos, culture, and sustenance.
Demographic dividend: Harnessing India’s greatest asset (people) through education, skilling, and empowerment.
People’s Participation: Transforming development into a people-driven process, fostering an awakened and participative citizenry.
Governance: Nurturing an open, transparent, accountable, pro-active, and purposeful style, shifting focus from Outlay to Output to Outcome.
Sustainability: Maintaining sustainability at the core of planning, building on ancient tradition of respect for the environment.

1446. What are the seven pillars of effective governance that NITI Aayog is based on?

The seven pillars are:

Pro-people agenda.
Pro-active in anticipating and responding to citizen needs.
Participative, by involvement of citizens.
Empowering women in all aspects.
Inclusion of all groups with special attention to SCs, STs, OBCs and minorities.
Equality of opportunity for the youth.
Transparency through the use of technology.

1447. What is the core mission of NITI Aayog regarding development input?

The core mission is to provide a critical directional and strategic input into the development process, along with being the incubator of ideas for development.

1448. What is the premise of NITI Aayog’s cooperative federalism approach?

The premise is that strong states make a strong nation.

1449. What steps has NITI Aayog taken to foster cooperative federalism?

Steps include:

Meetings between the Prime Minister/Cabinet Ministers and all Chief Ministers.
Subgroups of Chief Ministers on subjects of national importance.
Sharing of best practices.
Policy support and capacity development of State/UT functionaries.
Launching of the Aspirational Districts Programme.
Theme-based extensive engagements in various sectors.
Framing model laws for land leasing and agriculture marketing reforms.
Area-specific interventions for North-Eastern and Himalayan States and island development.

1450. How does NITI Aayog promote competitive federalism?

NITI Aayog promotes competitive federalism by facilitating improved performance of States/UTs and encouraging healthy competition through transparent rankings in various sectors, along with a hand-holding approach.

1451. What are some of the indices launched by NITI Aayog?

Some indices launched by NITI Aayog are: School Education Quality Index, State Health Index, Composite Water Management Index, Sustainable Development Goals Index, India Innovation Index, and Export Competitiveness Index.

1452. What are the two autonomous and attached bodies that support NITI Aayog?

The two bodies are: the National Institute of Labor Economics Research and Development (NILERD) and the Development Monitoring and Evaluation Organisation (DMEO).

1453. What was the National Institute of Labor Economics Research and Development (NILERD) formerly known as?

The National Institute of Labor Economics Research and Development (NILERD) was formerly known as the Institute of Applied Manpower Research (IAMR).

1454. What is the nature and primary objectives of NILERD?

NILERD is a central autonomous organization under the NITI Aayog, with primary objectives of research, data collection, education, and training in human capital planning, human resource development, and monitoring and evaluation.

1455. When was the IAMR established, and under what Act?

The IAMR was established in 1962 under the Societies Registration Act of 1860.

1456. When was the IAMR renamed as NILERD?

The IAMR was renamed as NILERD in 2014.

1457. How is NILERD mainly funded?

NILERD is mainly funded by grants-in-aid from the NITI Aayog (formerly Planning Commission), supplemented by its own revenue from contracted research projects, and education and training activities.

1458. When was the Development Monitoring and Evaluation Office (DMEO) established, and by merging which previous bodies?

The Development Monitoring and Evaluation Office (DMEO) was established by the Government in 2015 as an attached office of the NITI Aayog by merging the erstwhile Programme Evaluation Organization (established 1952) and the Independent Evaluation Office (established 2010).

1459. What is the mandate of the DMEO?

The DMEO’s mandate involves:

Monitoring progress and efficacy of strategic and long-term policy and program frameworks and initiatives.
Actively monitoring and evaluating the implementation of programs and initiatives, including identification of needed resources.

1460. Where are the Headquarters of DMEO located?

The Headquarters of DMEO is in NITI Aayog, New Delhi.

1461. What happened to the Regional Development Monitoring and Evaluation Offices (RDMEOs) in 2017?

The RDMEOs were closed in 2017, and their staff were transferred to DMEO Headquarters in New Delhi.

1462. When was the erstwhile Planning Commission established, and by what means?

The erstwhile Planning Commission was established in March 1950 by an executive resolution of the Government of India (Union Cabinet).

1463. On whose recommendation was the Planning Commission constituted?

It was constituted on the recommendation of the Advisory Planning Board constituted in 1946, under the chairmanship of K.C. Neogi.

1464. Was the erstwhile Planning Commission a constitutional or statutory body?

No, the erstwhile Planning Commission was neither a constitutional body nor a statutory body.

1465. What was the erstwhile Planning Commission’s role in India?

In India, it was the supreme organ of planning for social and economic development.

1466. What were the functions of the erstwhile Planning Commission?

The functions included:

Assessing material, capital, and human resources.
Formulating a plan for effective and balanced resource utilisation.
Determining priorities and stages for plan implementation.
Indicating factors that retard economic development.
Determining machinery for successful plan implementation.
Appraising progress and recommending adjustments.
Making appropriate recommendations for facilitating duties or on matters referred for advice.

1467. Was the erstwhile Planning Commission a staff agency or did it have executive responsibility?

The erstwhile Planning Commission was only a staff agency—an advisory body and had no executive responsibility.

1468. What was the composition of the erstwhile Planning Commission?

The composition included:

The Prime Minister of India as the chairman.
A deputy chairman (de facto executive head).
Some Central Ministers as part-time members.
Four to seven full-time expert members.
A member-secretary.

1469. Were state governments represented in the erstwhile Planning Commission?

No, the state governments were not represented in the commission in any way.

1470. How was the erstwhile Planning Commission described by critics due to its domineering role?

Critics described it as a ‘Super Cabinet’, an ‘Economic Cabinet’, a ‘Parallel Cabinet’, the ‘Fifth Wheel of the Coach’, and so on.

1471. What did the First Administrative Reforms Commission (ARC) of India observe about the Planning Commission?

The ARC observed that the Planning Commission had earned the reputation of being a ‘Parallel Cabinet’ and sometimes a ‘Super Cabinet’, undermining the ultimate executive authority of ministers.

1472. What did K. Santhanam state about the Planning Commission’s impact on federalism?

K. Santhanam stated that ‘Planning has superseded the federation and our country is functioning like a unitary system in many respects’.

1473. What did P.V. Rajamannar observe about the Planning Commission and Finance Commission?

P.V. Rajamannar observed that there was an overlapping of functions and responsibilities between the erstwhile Planning Commission and Finance Commission in federal fiscal transfers.

1474. What was reported on January 1, 2016, regarding the National Development Council (NDC)?

On January 1, 2016, it was reported that the Modi government was going to abolish the National Development Council (NDC) and transfer its powers to the Governing Council of the NITI Aayog.

1475. Has the resolution to abolish the NDC been passed yet?

No, till now such a resolution has not been passed.

1476. When was the last meeting of the NDC held?

The last meeting (57th) of the NDC was held on December 27, 2012.

1477. When was the NDC established, and by what means?

The NDC was established in August 1952 by an executive resolution of the Government of India.

1478. Is the NDC a constitutional or statutory body?

No, like the erstwhile Planning Commission, it is neither a constitutional body nor a statutory body.

1479. What is the composition of the NDC?

The NDC is composed of:

The Prime Minister of India (as its chairman/head).
All Union Cabinet Ministers (since 1967).
The Chief Ministers of all the states.
The Chief Ministers/administrators of all union territories.
Members of the Planning Commission (now NITI Aayog).

1480. What are the objectives of the NDC?

The objectives of the NDC are:

To secure cooperation of states in plan execution.
To strengthen and mobilise national efforts and resources in support of the Plan.
To promote common economic policies in all vital spheres.
To ensure balanced and rapid development of all parts of the country.

1481. What are the functions of the NDC?

The functions of the NDC are:

To prescribe guidelines for preparation of the national Plan.
To consider the national Plan as prepared by the Planning Commission (now NITI Aayog).
To make an assessment of resources required for implementing the Plan and suggest augmentation measures.
To consider important questions of social and economic policy affecting national development.
To review the working of the national Plan from time to time.
To recommend measures for achievement of the aims and targets set out in the national Plan.

Chapter 57 National Human Rights Commission

1482. What is the nature of the National Human Rights Commission (NHRC)?

The National Human Rights Commission (NHRC) is a statutory (and not a constitutional) body.

1483. When was the NHRC established, and under what legislation?

It was established in 1993 under a legislation enacted by the Parliament, namely, the Protection of Human Rights Act, 1993.

1484. What is the NHRC the watchdog of?

The commission is the watchdog of human rights in the country, specifically rights relating to life, liberty, equality, and dignity guaranteed by the Constitution or embodied in international covenants enforceable by courts in India.

1485. What are the specific objectives of the establishment of the NHRC?

The specific objectives are:

To strengthen institutional arrangements for addressing human rights issues.
To look into allegations of excesses, independently of the government, to underline commitment to human rights.
To complement and strengthen existing efforts in human rights protection.

1486. What is the composition of the NHRC?

The commission is a multi-member body consisting of a chairperson and five members.

1487. What are the qualifications for the chairperson of the NHRC?

The chairperson should be a retired chief justice of India or a judge of the Supreme Court.

1488. What are the qualifications for the members of the NHRC?

Members should be a serving or retired judge of the Supreme Court, a serving or retired chief justice of a high court, and three persons (at least one woman) having knowledge or practical experience with human rights.

1489. How many ex-officio members does the NHRC have, and who are they?

The commission has seven ex-officio members: the chairpersons of the National Commission for Minorities, National Commission for SCs, National Commission for STs, National Commission for Women, National Commission for BCs, National Commission for Protection of Child Rights, and the Chief Commissioner for persons with Disabilities.

1490. Who appoints the chairperson and members of the NHRC?

The chairperson and members are appointed by the President.

1491. On whose recommendations are the chairperson and members of the NHRC appointed?

They are appointed on the recommendations of a six-member committee consisting of the prime minister (head), Speaker of the Lok Sabha, Deputy Chairman of the Rajya Sabha, leaders of the Opposition in both Houses of Parliament, and the Central home minister.

1492. What is required for the appointment of a sitting judge of the Supreme Court or a sitting chief justice of a high court to the NHRC?

A sitting judge of the Supreme Court or a sitting chief justice of a high court can be appointed only after consultation with the chief justice of India.

1493. What is the term of office for the chairperson and members of the NHRC?

The chairperson and members hold office for a term of three years or until they attain the age of 70 years, whichever is earlier.

1494. Are the chairperson and members of the NHRC eligible for further employment after their tenure?

No, after their tenure, the chairperson and members are not eligible for further employment under the Central or a state government.

1495. How can the chairperson or any member of the NHRC relinquish their office?

They can relinquish their office at any time by addressing their resignation to the President.

1496. Under what circumstances can the President remove the chairperson or any member of the NHRC?

The President can remove them if he/she:

Is adjudged insolvent.
Engages in paid employment outside official duties.
Is unfit to continue due to infirmity of mind or body.
Is of unsound mind and so declared by a competent court.
Is convicted and sentenced to imprisonment for an offence.

1497. What is the procedure for removing the chairperson or any member of NHRC on grounds of misbehaviour or incapacity?

In these cases, the President has to refer the matter to the Supreme Court for an inquiry. If the Supreme Court upholds the cause of removal and advises so, the President can remove them.

1498. Who determines the salaries, allowances, and other conditions of service of the chairperson and members of the NHRC?

The salaries, allowances, and other conditions of service are determined by the Central government.

1499. Can the salaries, allowances, or other conditions of service of the chairperson or a member of NHRC be varied to his/her disadvantage after appointment?

No, they cannot be varied to his/her disadvantage after his/her appointment.

1500. What is the aim of all the provisions regarding the NHRC’s appointment, tenure, and removal?

All the above provisions are aimed at securing autonomy, independence and impartiality in the functioning of the Commission.

1501. What is the first function of the NHRC?

To inquire into any violation of human rights or negligence in prevention by a public servant, either suo motu or on petition/court order.

1502. What is the second function of the NHRC?

To intervene in any proceeding involving allegation of violation of human rights pending before a court.

1503. What is the third function of the NHRC?

To visit jails and detention places to study inmate living conditions and make recommendations.

1504. What is the fourth function of the NHRC?

To review constitutional and other legal safeguards for human rights and recommend effective implementation measures.

1505. What is the fifth function of the NHRC?

To review factors including acts of terrorism that inhibit human rights enjoyment and recommend remedial measures.

1506. What is the sixth function of the NHRC?

To study treaties and other international instruments on human rights and make recommendations for effective implementation.

1507. What is the seventh function of the NHRC?

To undertake and promote research in the field of human rights.

1508. What is the eighth function of the NHRC?

To spread human rights literacy among people and promote awareness of safeguards.

1509. What is the ninth function of the NHRC?

To encourage the efforts of non-governmental organisations (NGOs) working in human rights.

1510. What is the tenth function of the NHRC?

To undertake such other functions as it may consider necessary for the promotion of human rights.

1511. What has the NHRC been doing to enhance awareness about human rights?

The commission has been making concerted efforts at enhancing awareness about human rights in the country, with full support from civil society/NGOs/human rights activists and media.

1512. What types of complaints does the NHRC receive?

The complaints cover a wide range of issues such as negligence by public servants, custodial deaths, torture, fake encounters, police highhandedness, violations against women and children, communal violence, bonded/child labour, non-payment of retiral benefits, and atrocities on SCs/STs.

1513. Does the NHRC take suo motu cognizance of incidents?

Yes, the NHRC took suo motu cognizance of many incidents based on reports in print and electronic media.

1514. Where are the NHRC’s headquarters located?

The commission’s headquarters is in Delhi.

1515. Can the NHRC establish offices in other places in India?

Yes, it can also establish offices in other places in India.

1516. What power is the NHRC vested with regarding its procedure?

It is vested with the power to regulate its own procedure.

1517. What powers does the NHRC have similar to a civil court?

It has all the powers of a civil court and its proceedings have a judicial character.

1518. What information can the NHRC call for?

It may call for information or report from the Central and state governments or any other authority subordinate thereto.

1519. Does the NHRC have its own investigating staff?

Yes, the commission has its own nucleus of investigating staff for investigation into complaints of human rights violations.

1520. Can the NHRC utilize the services of other investigation agencies?

Yes, it is empowered to utilise the services of any officer or investigation agency of the Central government or any state government.

1521. What is the time limit for the NHRC to inquire into a matter?

The commission is not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed.

1522. What steps can the NHRC take during or upon completion of an inquiry?

It may recommend to the concerned government or authority to:

Make payment of compensation or damages to the victim.
Initiate proceedings for prosecution or other action against the guilty public servant.
Grant immediate interim relief to the victim.
Approach the Supreme Court or the high court for necessary directions, orders, or writs.

1523. Are the NHRC’s functions mainly recommendatory or binding?

The functions of the commission are mainly recommendatory in nature.

1524. Does the NHRC have the power to punish violators or award monetary relief?

No, it has no power to punish the violators of human rights, nor to award any relief including monetary relief to the victim.

1525. Are the NHRC’s recommendations binding on the concerned government or authority?

No, its recommendations are not binding on the concerned government or authority.

1526. What is required of the government regarding the NHRC’s recommendations?

The government should be informed about the action taken on its recommendations within one month.

1527. What is the NHRC’s role, powers, and jurisdiction with respect to human rights violations by armed forces members?

The commission has a limited role, powers, and jurisdiction. It may seek a report from the Central government and make recommendations, and the Central government should inform the Commission of action taken within three months.

1528. To whom does the NHRC submit its reports?

The commission submits its annual or special reports to the Central government and to the state government concerned.

1529. What happens to the NHRC’s reports after submission?

These reports are laid before the respective legislatures, along with a memorandum of action taken on the recommendations and reasons for non-acceptance.

1530. What are the problems identified by the NHRC in its effective functioning?

Problems include:

Administrative Constraints: Lack of adequate funding and staff to maintain independence.
Financial Constraints: Dependence on government grants, lack of financial autonomy for certain purchases.
Manpower Constraints: Insufficient sanctioned strength, reliance on retired officers as consultants, shortage of experienced investigating officers.

1531. What did the Supreme Court express concern over in 2017 regarding the NHRC?

In 2017, the Supreme Court expressed its concern over the shortage of manpower in the commission and directed the Government of India to address it.

1532. What does the Protection of Human Rights Act (1993) also provide for regarding Human Rights Court?

The Act also provides for the establishment of Human Rights Court in every district for the speedy trial of violation of human rights.

1533. Who can set up Human Rights Courts, and with whose concurrence?

These courts can be set up by the state government only with the concurrence of the Chief Justice of the High Court of that state.

1534. What is the role of the state government for every Human Rights Court?

For every Human Rights Court, the state government specifies a public prosecutor or appoints an advocate (who has practiced for seven years) as a special public prosecutor.

1535. What was the first provision of the Protection of Human Rights (Amendment) Act, 2019, regarding the Chairperson of the NHRC?

It provided that a person who has been a judge of the Supreme Court is also made eligible to be appointed as Chairperson of the National Human Rights Commission (in addition to the person who has been the Chief Justice of India).

1536. What did the 2019 Amendment Act change regarding the number of members of the NHRC?

It increased the number of members of the National Human Rights Commission (appointed from persons with human rights knowledge/experience) from two to three, with at least one being a woman.

1537. What did the 2019 Amendment Act change regarding the ex-officio members of the NHRC?

It made the chairpersons of the National Commission for BCs, National Commission for Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities as the ex-officio members of the National Human Rights Commission.

1538. What did the 2019 Amendment Act change regarding the term of the chairperson and members of the NHRC and SHRC?

It reduced the term of the chairperson and members of the National Human Rights Commission as well as the State Human Rights Commission from five to three years.

1539. What did the 2019 Amendment Act change regarding the eligibility for re-appointment of the chairperson and members of the NHRC and SHRC?

It also made them eligible for re-appointment.

1540. What did the 2019 Amendment Act change regarding the Chairperson of the State Human Rights Commission (SHRC)?

It provided that a person who has been a judge of a High Court is also made eligible to be appointed as Chairperson of the State Human Rights Commission (in addition to the person who has been the Chief Justice of a High Court).

1541. What did the 2019 Amendment Act provide regarding the Central government conferring functions to State Human Rights Commissions for Union Territories?

It provided that the central government may confer upon the State Human Rights Commissions, the functions relating to human rights in the union territories, except the union territory of Delhi.

1542. Who deals with human rights functions in the Union Territory of Delhi?

The functions relating to human rights in case of union territory of Delhi are to be dealt with by the National Human Rights Commission.

1543. What did the 2019 Amendment Act provide regarding the Secretary-General of the National Human Rights Commission?

It provided that the Secretary-General shall exercise all administrative and financial powers (except judicial functions and power to make regulations), subject to control of the chairperson.

1544. What did the 2019 Amendment Act provide regarding the Secretary of the State Human Rights Commission?

It provided that the Secretary shall exercise all administrative and financial powers of the Commission, subject to control of the chairperson.

Chapter 58 State Human Rights Commission

1545. What does the Protection of Human Rights Act of 1993 provide for at the state level?

The Protection of Human Rights Act of 1993 provides for the creation of a State Human Rights Commission (SHRC) at the state level.

1546. Who can constitute a State Human Rights Commission?

A State Human Rights Commission may be constituted by the state government.

1547. What is the scope of inquiry for a State Human Rights Commission regarding human rights violations?

A State Human Rights Commission can inquire into violation of human rights only in respect of subjects mentioned in the State List (List-II) and the Concurrent List (List-III) of the Seventh Schedule of the Constitution.

1548. What is the rule if a human rights violation case is already being inquired into by the NHRC or another Statutory Commission?

If any such case is already being inquired into by the National Human Rights Commission or any other Statutory Commission, then the State Human Rights Commission does not inquire into that case.

1549. Can the central government confer human rights functions relating to union territories upon State Human Rights Commissions?

Yes, the central government may confer upon the State Human Rights Commissions, the functions relating to human rights in the union territories, except for the union territories of Jammu and Kashmir and Ladakh.

1550. Who deals with human rights functions in the Union Territory of Delhi?

The functions relating to human rights in case of union territory of Delhi are to be dealt with by the National Human Rights Commission.

1551. What is the composition of a State Human Rights Commission?

The State Human Rights Commission is a multi-member body consisting of a chairperson and two members.

1552. What are the qualifications for the chairperson of the SHRC?

The chairperson should be a retired Chief Justice or a Judge of a High Court.

1553. What are the qualifications for the members of the SHRC?

Members should be a serving or retired judge of a High Court or a District Judge in the state with a minimum of seven years experience as District Judge and a person having knowledge or practical experience with respect to human rights.

1554. Who appoints the chairperson and members of the SHRC?

The chairperson and members are appointed by the Governor.

1555. On whose recommendations are the chairperson and members of the SHRC appointed?

They are appointed on the recommendations of a committee consisting of the chief minister (head), speaker of the Legislative Assembly, state home minister, and leader of the opposition in the Legislative Assembly.

1556. What additional members are on the committee if a state has a Legislative Council?

In the case of a state having Legislative Council, the chairman of the Council and the leader of the opposition in the Council would also be the members of the committee.

1557. What is required for the appointment of a sitting judge of a High Court or a sitting District Judge to the SHRC?

A sitting judge of a High Court or a sitting District Judge can be appointed only after consultation with the Chief Justice of the High Court of the concerned state.

1558. What is the term of office for the chairperson and members of the SHRC?

The chairperson and members hold office for a term of three years or until they attain the age of 70 years, whichever is earlier.

1559. Are the chairperson and members of the SHRC eligible for further employment after their tenure?

No, after their tenure, the chairperson and members are not eligible for further employment under a state government or the Central government.

1560. Who appoints the chairperson and members of a State Human Rights Commission, and who can remove them?

Although the chairperson and members of a State Human Rights Commission are appointed by the governor, they can be removed only by the President (and not by the governor).

1561. What are the grounds for removal of the chairperson or a member of the SHRC by the President?

The President can remove them on the same grounds and in the same manner as he/she can remove the chairperson or a member of the National Human Rights Commission. This includes being adjudged insolvent, engaging in paid employment outside official duties, being unfit due to infirmity of mind or body, being of unsound mind, or being convicted of an offence.

1562. What is the procedure for removing the chairperson or any member of SHRC on grounds of proved misbehaviour or incapacity?

In these cases, the President has to refer the matter to the Supreme Court for an inquiry. If the Supreme Court upholds the cause of removal and advises so, the President can remove them.

1563. Who determines the salaries, allowances, and other conditions of service of the chairperson and members of the SHRC?

The salaries, allowances, and other conditions of service are determined by the state government.

1564. Can the salaries, allowances, or other conditions of service of the chairperson or a member of SHRC be varied to his/her disadvantage after appointment?

No, they cannot be varied to his/her disadvantage after his/her appointment.

1565. What is the aim of all the provisions regarding the SHRC’s appointment, tenure, and removal?

All the above provisions are aimed at securing autonomy, independence and impartiality in the functioning of the Commission.

1566. What is the first function of the State Human Rights Commission?

To inquire into any violation of human rights or negligence in prevention by a public servant, either suo motu or on petition/court order.

1567. What is the second function of the State Human Rights Commission?

To intervene in any proceeding involving allegation of violation of human rights pending before a court.

1568. What is the third function of the State Human Rights Commission?

To visit jails and detention places to study inmate living conditions and make recommendations.

1569. What is the fourth function of the State Human Rights Commission?

To review constitutional and other legal safeguards for human rights and recommend effective implementation measures.

1570. What is the fifth function of the State Human Rights Commission?

To review factors including acts of terrorism that inhibit human rights enjoyment and recommend remedial measures.

1571. What is the sixth function of the State Human Rights Commission?

To undertake and promote research in the field of human rights.

1572. What is the seventh function of the State Human Rights Commission?

To spread human rights literacy among people and promote awareness of safeguards.

1573. What is the eighth function of the State Human Rights Commission?

To encourage the efforts of non-governmental organizations (NGOs) working in human rights.

1574. What is the ninth function of the State Human Rights Commission?

To undertake such other functions as it may consider necessary for the promotion of human rights.

1575. What power is the State Human Rights Commission vested with regarding its procedure?

The Commission is vested with the power to regulate its own procedure.

1576. What powers does the State Human Rights Commission have similar to a civil court?

It has all the powers of a civil court and its proceedings have a judicial character.

1577. What information can the State Human Rights Commission call for?

It may call for information or report from the state government or any other authority subordinate thereto.

1578. What is the time limit for the State Human Rights Commission to inquire into a matter?

The Commission is not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed.

1579. What steps can the State Human Rights Commission take during or upon completion of an inquiry?

It may recommend to the state government or authority to:

Make payment of compensation or damages to the victim.
Initiate proceedings for prosecution or other suitable action against the guilty public servant.
Grant immediate interim relief to the victim.
Approach the Supreme Court or the State High Court for necessary directions, orders, or writs.

1580. Are the SHRC’s functions mainly recommendatory or binding?

The functions of the commission are mainly recommendatory in nature.

1581. Does the SHRC have the power to punish violators or award monetary relief?

No, it has no power to punish the violators of human rights, nor to award any relief including monetary relief to the victim.

1582. Are the SHRC’s recommendations binding on the concerned government or authority?

No, its recommendations are not binding on the state government or authority.

1583. What is required of the government regarding the SHRC’s recommendations?

The government should be informed about the action taken on its recommendations within one month.

1584. To whom does the State Human Rights Commission submit its reports?

The state commission submits its annual or special reports to the state government.

1585. What happens to the SHRC’s reports after submission?

These reports are laid before the state legislature, along with a memorandum of action taken on the recommendations and reasons for non-acceptance.

Chapter 59 National Commission for Women

1586. What body recommended the constitution of a National Commission for Women in 1974?

The Committee on Status of Women in India (set up by the Government of India), in 1974, recommended the constitution of a National Commission for Women.

1587. What was the purpose of establishing the National Commission for Women?

The purpose was to fulfill surveillance functions, facilitate redressal of grievances, and accelerate the socio-economic development of women.

1588. When was the National Commission for Women constituted?

The National Commission for Women was constituted in 1992.

1589. What is the nature of the National Commission for Women?

The Commission is an autonomous statutory (and not a constitutional) body.

1590. Under what legislation was the National Commission for Women established?

It was established under a legislation enacted by the Parliament, namely the National Commission for Women Act, 1990.

1591. Which Ministry is the nodal ministry for the National Commission for Women?

The Ministry of Women and Child Development of the Government of India is the nodal ministry for the Commission.

1592. What is the scope of the National Commission for Women’s mandate?

The Commission has a wide mandate covering almost all aspects of women’s development and empowerment.

1593. What are the specific objectives of the National Commission for Women?

Its specific objectives are:

To review constitutional and legal safeguards for women.
To recommend remedial legislative measures.
To facilitate the redressal of grievances.
To advise the government on all policy matters affecting women.

1594. What is the composition of the National Commission for Women?

The Commission is a multi-member body consisting of a chairperson, five members, and a member-secretary.

1595. What is the qualification for the chairperson of the National Commission for Women?

The chairperson should be someone who is committed to the cause of women.

1596. What are the qualifications for the five members of the National Commission for Women?

The five members should be from amongst persons of ability, integrity, and standing with experience in law, legislation, trade unionism, industry management, women’s voluntary organisations, administration, economic development, health, education, or social welfare.

1597. What is the reservation requirement for the members of the National Commission for Women?

At least one member each should belong to the Scheduled Castes and Scheduled Tribes, respectively.

1598. What are the qualifications for the member-secretary of the National Commission for Women?

The member-secretary should be: (i) an expert in management, organisational structure or sociological movement, or (ii) an officer who is a member of a Civil Service of the Union or an All-India Service or holds a civil post under the Union.

1599. Who nominates the chairperson, members, and member-secretary of the National Commission for Women?

The chairperson, members, and member-secretary are all nominated by the Central Government (Ministry of Women and Child Development).

1600. Who prescribes the salaries, allowances, and other service conditions of the chairperson, members, and member-secretary of the National Commission for Women?

Their salaries, allowances, and other service conditions are also prescribed by the Central Government.

1601. What is the term of office for the chairperson and members of the National Commission for Women?

The chairperson and members hold office for three years.

1602. How can the chairperson and members of the National Commission for Women relinquish their office?

They can relinquish their office at any time by addressing their resignation to the Central Government.

1603. Under what circumstances can the Central Government remove the chairperson or a member of the National Commission for Women?

The Central Government can remove them if the individual:

Becomes an undischarged insolvent.
Gets convicted and sentenced to imprisonment for an offence involving moral turpitude.
Is declared of unsound mind by a competent court.
Refuses to act or becomes incapable of acting.
Absents himself/herself from three consecutive meetings of the Commission.
Has abused official position making continuance detrimental to public interest.

1604. What is the mandate of the National Commission for Women?

The Commission is provided with a fourteen-point mandate.

1605. What is the first function of the National Commission for Women?

To investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws.

1606. What is the second function of the National Commission for Women?

To present to the Central Government annually and at such other times as it may deem fit, reports upon the working of those safeguards.

1607. What is the third function of the National Commission for Women?

To make recommendations for the effective implementation of those safeguards for improving the conditions of women by the Union or any state.

1608. What is the fourth function of the National Commission for Women?

To review existing provisions of the Constitution and other laws affecting women and recommend amendments to meet any inadequacies.

1609. What is the fifth function of the National Commission for Women?

To take up cases of violation of constitutional and other laws relating to women with the appropriate authorities.

1610. What is the sixth function of the National Commission for Women?

To look into complaints and take suo moto notice of matters relating to deprivation of women’s rights, non-implementation of laws, and non-compliance of policy decisions.

1611. What is the seventh function of the National Commission for Women?

To call for special studies or investigations into specific problems or situations arising out of discrimination and atrocities against women and to identify constraints to recommend strategies for their removal.

1612. What is the eighth function of the National Commission for Women?

To undertake promotional and educational research to suggest ways of ensuring due representation of women and identifying factors impeding their advancement.

1613. What is the ninth function of the National Commission for Women?

To participate and advice on the planning process of socio-economic development of women.

1614. What is the tenth function of the National Commission for Women?

To evaluate the progress of the development of women under the Union and any state.

1615. What is the eleventh function of the National Commission for Women?

To inspect any jail, remand home, women’s institution or other place of custody where women are kept as prisoners or otherwise, and take up with the concerned authorities for remedial action.

1616. What is the twelfth function of the National Commission for Women?

To fund litigation involving issues affecting a large body of women.

1617. What is the thirteenth function of the National Commission for Women?

To make periodical reports to the government on any matter pertaining to women and in particular various difficulties under which women toil.

1618. What is the fourteenth function of the National Commission for Women?

To look into any other matter referred to it by the Central Government.

1619. To whom does the National Commission for Women present its annual report?

The Commission presents an annual report to the Central Government. It can also submit a report as and when it thinks necessary.

1620. What does the Central Government do with the National Commission for Women’s reports?

The Central Government places such reports before each House of Parliament, along with a memorandum explaining the action taken and reasons for non-acceptance of recommendations.

If any such report is related to a State Government, the Commission forwards a copy to that State Government, which places it before the state legislature along with a memorandum explaining the action taken and reasons for non-acceptance.

1622. What powers does the National Commission for Women have regarding committees?

The Commission can appoint necessary committees for special issues and co-opt persons from outside as members of such committees.

1623. What power is the National Commission for Women vested with regarding its procedure?

The Commission shall regulate its own procedure and also the procedure of its committees.

1624. What powers does the National Commission for Women have when investigating or inquiring into complaints?

The Commission has all the powers of a civil court trying a suit, including:

Summoning and enforcing attendance of any person and examining on oath.
Requiring discovery and production of any document.
Receiving evidence on affidavits.
Requisitioning any public record from any court or office.
Issuing summons for examination of witnesses and documents.
Any other matter prescribed by the Central Government.

1625. Is the Central Government required to consult the National Commission for Women on major policy matters affecting women?

Yes, the Central Government should consult the Commission on all major policy matters affecting women.

1626. How does the National Commission for Women process complaints received?

The Commission processes complaints received verbally or in writing, and also takes suo moto notice of cases related to women.

1627. What are some of the categories of crimes against women that the National Commission for Women receives complaints about?

Complaints are registered under 23 heads, including Rape/attempt to rape, Acid attack, Sexual assault/harassment, Stalking/Voyeurism, Trafficking/prostitution, Outraging modesty/Molestation, Cyber crimes, Police apathy, Harassment of married women/dowry harassment, Dowry death, Bigamy/Polygamy, Domestic violence, Custody of children/Divorce, Right to exercise choice in marriage/Honour Crimes, Right to live with dignity, Sexual harassment at workplace, Denial of maternity benefits, Gender discrimination, Indecent representation, Sex Selective Abortions; Female Foeticide/Amniocentesis, Traditional practices derogatory to women rights (Sati Pratha, Devdasi Pratha, Witch Hunting), and Free legal aid for women.

1628. How are specific cases of police apathy handled by the National Commission for Women?

Specific cases of police apathy are sent to the police authorities for investigation, and cases are monitored.

1629. How are family disputes handled by the National Commission for Women?

Family disputes are resolved or compromises struck through counseling.

1630. What action does the National Commission for Women take regarding sexual harassment complaints?

In sexual harassment complaints, the concerned organisations are urged to expedite cases and the disposal is monitored.

1631. What does the National Commission for Women do for serious crimes?

For serious crimes, the Commission constitutes an Inquiry Committee to provide immediate relief and justice to the victims of violence and atrocities.

1632. What is the Parivarik Mahila Lok Adalat (PMLA)?

The Parivarik Mahila Lok Adalat (PMLA) is an innovative concept evolved by the Commission, supplementing the efforts of the District Legal Service Authority for redressal and speedy disposal of matters related to marriage and family affairs.

1633. On what model does the Parivarik Mahila Lok Adalat function?

The Parivarik Mahila Lok Adalat functions on the model of the Lok Adalat.

1634. Who provides financial assistance for organizing the Parivarik Mahila Lok Adalat?

The Commission provides financial assistance to NGOs or State Women Commissions or State Legal Service Authority to organise the Parivarik Mahila Lok Adalat.

1635. What are the objectives of the Parivarik Mahila Lok Adalat?

The objectives are:

To provide speedy and cost-free dispensation of justice to women.
To generate awareness among the public regarding conciliatory mode of dispute settlement.
To gear up the process of organizing the Lok Adalats and to encourage public to settle disputes outside the formal set-up.
To empower public, especially women, to participate in justice delivery mechanism.

Chapter 60 National Commission for Protection of Child Rights

1636. What is the nature of the National Commission for Protection of Child Rights (NCPCR)?

The National Commission for Protection of Child Rights is a statutory (and not a constitutional) body.

1637. When was the NCPCR set up, and under what legislation?

It was set up in 2007 under a legislation enacted by the Parliament, namely the Commissions for Protection of Child Rights Act, 2005.

1638. What is the NCPCR’s mandate regarding child rights?

The Commission has to protect, promote and defend child rights in the country.

1639. What does ‘child rights’ include under the Commissions for Protection of Child Rights Act, 2005?

‘Child rights’ includes the children’s rights adopted in the United Nations Convention on the Rights of the Child (ratified by India on Dec 11, 1992).

1640. How is a child defined under the United Nations Convention on the Rights of the Child?

A child has been defined as a human being below the age of eighteen years.

1641. What is the NCPCR’s role regarding laws and programmes relating to children?

The Commission would deal with the effective implementation of laws and programmes relating to children.

1642. What are the objectives of the NCPCR?

The objectives of the Commission are:

To take cognizance and redress matters pertaining to violation of the rights of the child.
To ensure that all laws, policies, programmes, and administrative mechanisms are in consonance with the child rights perspective as enshrined in the Constitution of India and the UN Convention on the Rights of the Child.

1643. What is the nature of the NCPCR in terms of autonomy?

The Commission is an autonomous body.

1644. Under whose administrative control does the NCPCR operate?

It operates under the administrative control of the Ministry of Women and Child Development, Government of India.

1645. What is the composition of the NCPCR?

The Commission is a multi-member body consisting of a Chairperson and six members.

1646. What is the gender requirement for the members of the NCPCR?

Out of the six members, at least two should be women.

1647. What are the qualifications for the Chairperson of the NCPCR?

The Chairperson should be a person of eminence who has done outstanding work for promoting the welfare of children.

1648. What are the qualifications for the six members of the NCPCR?

The six members should be from amongst persons of eminence, ability, integrity, standing, and experience in the fields of:

Education.
Child healthcare, welfare or child development.
Juvenile justice or cases of neglected or marginalised children or children with disabilities.
Elimination of child labour or children in distress.
Child psychology or sociology.
Laws relating to children.

1649. Who appoints the Chairperson and other members of the NCPCR?

The Chairperson and other members are appointed by the Central Government.

1650. On whose recommendation is the Chairperson of the NCPCR appointed?

The Chairperson is appointed on the recommendation of a three-member selection committee constituted by the Central Government under the Chairmanship of the minister-in-charge of the Ministry or the Department of Women and Child Development.

1651. Who prescribes the salaries, allowances, and other service conditions of the Chairperson and members of the NCPCR?

Their salaries, allowances, and other service conditions are also prescribed by the Central Government.

1652. Can the salaries, allowances, or other service conditions of the Chairperson and members of NCPCR be varied to his/her disadvantage after appointment?

No, they cannot be varied to their disadvantage after their appointment.

1653. What is the term of office for the Chairperson and members of the NCPCR?

The Chairperson and members hold office for a term of three years.

1654. Are the Chairperson and members of the NCPCR eligible for reappointment?

No, they are not eligible for appointment for more than two terms.

1655. What are the upper age limits for holding office for the Chairperson and members of the NCPCR?

For the Chairperson, the upper age limit is 65 years. For the members, it is 60 years.

1656. How can the Chairperson or a member of the NCPCR relinquish their office?

The Chairperson or a member can relinquish the office at any time by addressing the resignation to the Central Government.

1657. Under what circumstances can the Central Government remove the Chairperson of the NCPCR?

The Central Government can remove the Chairperson from office on the ground of proven misbehaviour or incapacity.

1658. Under what other circumstances can the Central Government remove the Chairperson or any member of the NCPCR?

The Central Government can also remove the Chairperson or any member if:

Adjudged as insolvent.
Engages in any paid employment outside official duties.
Refuses to act or becomes incapable of acting.
Declared of unsound mind by a competent court.
Abused the office, making continuance detrimental to public interest.
Convicted and sentenced to imprisonment for an offence involving moral turpitude.
Absents himself/herself from three consecutive meetings of the Commission.

1659. What is the first function of the NCPCR?

To examine and review the safeguards provided by the laws for the protection of child rights and recommend measures for their effective implementation.

1660. What is the second function of the NCPCR?

To present to the Central Government, annually and at such other intervals as it may deem fit, reports upon the working of those safeguards.

1661. What is the third function of the NCPCR?

To inquire into violation of child rights and recommend initiation of proceedings in such cases.

1662. What is the fourth function of the NCPCR?

To examine all factors that inhibit the enjoyment of rights of children affected by terrorism, communal riots, natural disaster, domestic violence, HIV/AIDS, trafficking, exploitation and prostitution and recommend remedial measures.

1663. What is the fifth function of the NCPCR?

To look into matters relating to children in need of special care including children in distress, marginalized children, children in conflict with the law, juveniles, children without family and children of prisoners and recommend remedial measures.

1664. What is the sixth function of the NCPCR?

To study treaties and other international instruments and undertake periodical review of existing policies, programmes and other activities on child rights and make recommendations for their effective implementation.

1665. What is the seventh function of the NCPCR?

To undertake and promote research in the field of child rights.

1666. What is the eighth function of the NCPCR?

To spread child rights literacy among various sections of the society and promote awareness of the safeguards available for protection of these rights.

1667. What is the ninth function of the NCPCR?

To inspect any juvenile custodial home or any other place of residence or institution where children are detained or lodged, and take up with authorities for remedial action.

1668. What is the tenth function of the NCPCR?

To inquire into complaints and take suo moto notice of matters relating to deprivation/violation of child rights, non-implementation of laws, and non-compliance of policy decisions.

1669. What is the eleventh function of the NCPCR?

To perform such other functions as it may consider necessary for the promotion of child rights.

1670. Is the NCPCR prohibited from inquiring into matters pending before a State Commission for Protection of Child Rights or any other Statutory Commission?

Yes, the Commission is prohibited from inquiring into any matter which is pending before a State Commission for Protection of Child Rights or any other Statutory Commission.

1671. What powers does the NCPCR have when inquiring into any matter?

The Commission has all the powers of a civil court trying a suit, including:

Summoning and enforcing attendance of any person and examining on oath.
Requiring discovery and production of any document.
Receiving evidence on affidavits.
Requisitioning any public record from any court or office.
Issuing summons for examination of witnesses and documents.

1672. What steps can the NCPCR take upon completion of an inquiry?

It may recommend to the concerned government or authority to:

Initiate proceedings for prosecution or other suitable action against the concerned person.
Approach the Supreme Court or the High Court for necessary directions, orders or writs.
Grant necessary interim relief to the victim.

1673. To whom does the NCPCR submit its reports?

The Commission submits its annual or special reports to the Central Government and to the State Government concerned.

1674. What happens to the NCPCR’s reports after submission?

These reports are laid before the respective legislatures, along with a memorandum of action taken on the recommendations and reasons for non-acceptance within one year.

1675. What are the additional functions assigned to the NCPCR under the Right of Children to Free and Compulsory Education (RTE) Act, 2009?

Under the RTE Act, 2009, the Commission has to:

Examine and review safeguards for rights under the Act and recommend implementation measures.
Inquire into complaints relating to child’s right to free and compulsory education.
Take necessary steps after completion of an inquiry.

1676. What powers does the NCPCR have when inquiring into matters under the RTE Act, 2009?

The Commission has the same powers as assigned to it under the Commissions for the Protection of Child Rights Act, 2005.

1677. What are the additional functions assigned to the NCPCR under the Protection of Children from the Sexual Offences (POCSO) Act, 2012?

Under the POCSO Act, 2012, the Commission has to:

Monitor the implementation of the provisions of this Act.
Have the same powers as under the Commissions for the Protection of Child Rights Act, 2005, when inquiring into offences under this Act.
Include its activities under this Act in the annual report.

1678. What are the additional functions assigned to the NCPCR under the Juvenile Justice (Care and Protection) Act, 2015?

Under the Juvenile Justice Act, 2015, the Commission has to:

Monitor the implementation of the provisions of this Act.
Have the same powers as under the Commissions for the Protection of Child Rights Act, 2005, when inquiring into offences under this Act.
Include its activities under this Act in the annual report.

1679. What does the Commissions for Protection of Child Rights Act of 2005 provide for at the state level?

The Act provides for the creation of a State Commission for Protection of Child Rights (SCPCR) at the state level.

1680. How is a State Commission for Protection of Child Rights constituted?

A state government may constitute a State Commission for Protection of Child Rights through an Official Gazette Notification.

1681. What is the composition of a State Commission for Protection of Child Rights?

The State Commission is a multi-member body consisting of a chairperson and six members.

1682. What is the gender requirement for the members of the SCPCR?

Out of the six members, at least two should be women.

1683. What are the qualifications for the chairperson of the SCPCR?

The chairperson should be a person of eminence who has done outstanding work for promoting the welfare of children.

1684. What are the qualifications for the six members of the SCPCR?

The six members should be from amongst persons of eminence, ability, integrity, standing, and experience in the fields of:

Education.
Child health, care, welfare or child development.
Juvenile justice or care of neglected or marginalized children or children with disabilities.
Elimination of child labour or children in distress.
Child psychology or sociology.
Laws relating to children.

1685. Who appoints the chairperson and other members of the SCPCR?

The chairperson and other members are appointed by the state government.

1686. On whose recommendation is the chairperson of the SCPCR appointed?

The chairperson is appointed on the recommendation of a three-member selection committee constituted by the state government under the chairmanship of the Minister-in-charge of the Department dealing with children.

1687. Who prescribes the salaries, allowances, and other service conditions of the chairperson and members of the SCPCR?

Their salaries, allowances, and other service conditions are also prescribed by the state government.

1688. Can the salaries, allowances, or other service conditions of the chairperson and members of SCPCR be varied to his/her disadvantage after appointment?

No, they cannot be varied to their disadvantage after their appointment.

1689. What is the term of office for the chairperson and members of the SCPCR?

The chairperson and members hold office for a term of three years.

1690. Are the chairperson and members of the SCPCR eligible for reappointment?

No, they are not eligible for appointment for more than two terms.

1691. What are the upper age limits for holding office for the chairperson and members of the SCPCR?

For the chairperson, the upper age limit is 65 years. For the members, it is 60 years.

1692. How can the chairperson or a member of the SCPCR relinquish their office?

The chairperson or a member can relinquish his/her office at any time by addressing his/her resignation to the state government.

1693. Under what circumstances can the state government remove the chairperson of the SCPCR?

The state government can remove the chairperson from their office on the ground of proved misbehaviour or incapacity.

1694. Under what other circumstances can the state government remove the chairperson or any member of the SCPCR?

The state government can also remove the chairperson or any member if:

Adjudged as insolvent.
Engages in any paid employment outside official duties.
Refuses to act or becomes incapable of acting.
Declared of unsound mind by a competent court.
Abused the office, making continuance detrimental to public interest.
Convicted and sentenced to imprisonment for an offence involving moral turpitude.
Absents himself/herself from three consecutive meeting of the commission.

1695. What are the functions of the State Commission for Protection of Child Rights?

The functions of the state commission are:

To examine and review the safeguards provided by the laws for the protection of child rights and recommend measures for their effective implementation.
To present to the state government, annually and at such other intervals as it may deem fit, reports upon the working of those safeguards.
To inquire into violation of child rights and recommend initiation of proceedings in such cases.
To examine all factors that inhibit the enjoyment of rights of children affected by terrorism, communal riots, natural disaster, domestic violence, HIV/AIDS, trafficking, exploitation and prostitution and recommend remedial measures.
To look into matters relating to children in need of special care including children in distress, marginalized children, children in conflict with law, juveniles, children without family and children of prisoners and recommend remedial measures.
To study treaties and other international instruments and undertake periodical review of existing policies, programmes and other activities on child rights and make recommendations for their effective implementation.
To undertake and promote research in the field of child rights.
To spread child rights literacy among various sections of the society and promote awareness of the safeguards available for protection of these rights.
To inspect any juvenile custodial home or any other place of residence or institution (under the control of the state government or any other authority, including any institution run by a social organisation) where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action.
To inquire into complaints and take suo-motu notice of matters relating to deprivation and violation of child rights; non-implementation of laws providing for protection and development of children; and non-compliance of policy decisions or instructions aimed at mitigating hardships and ensuring welfare and providing relief to children.
To perform such other functions as it may consider necessary for the promotion of child rights.

1696. What powers does the State Commission for Protection of Child Rights have when inquiring into any matter?

The state commission has all the powers of a civil court trying a suit, including:

Summoning and enforcing attendance of any person and examining on oath.
Requiring discovery and production of any document.
Receiving evidence on affidavits.
Requisitioning any public record from any court or office.
Issuing summons for examination of witnesses and documents.

1697. What steps can the State Commission for Protection of Child Rights take upon completion of an inquiry?

It may recommend to the state government or authority to:

Initiate proceedings for prosecution or such other suitable action against the concerned person.
Approach the Supreme Court or the State High Court for necessary directions, orders or writs.
Grant necessary interim relief to the victim.

1698. To whom does the State Commission for Protection of Child Rights submit its reports?

The state commission submits its annual or special reports to the state government.

1699. What happens to the SCPCR’s reports after submission?

These reports are laid before the state legislature, along with a memorandum of action taken on the recommendations and reasons for non-acceptance.

1700. What does the Commissions for Protection of Child Rights Act (2005) also provide for regarding Children’s Courts?

The Act also provides for the establishment of Children’s Courts for the speedy trial of offences against children or of violation of child rights.

1701. Who can set up Children’s Courts, and with whose concurrence?

These courts can be set up by the state government only with the concurrence of the Chief Justice of the High Court of that state.

1702. What is the role of the state government for every Children’s Court?

For every Children’s Court, the state government specifies a public prosecutor or appoints an advocate (who has practiced for seven years) as a special public prosecutor.

SXJEEL

On This Site

part 3

Chapter 41 Union Territories

599. What three categories of territories does the territory of India comprise under Article 1 of the Constitution?

600. How many states and union territories are there in India currently?

601. What is the relationship between states and the Centre in the Indian federal system?

602. How are union territories administered, and what is their relationship with the Central government?

603. What were ‘scheduled districts’ later known as during British Rule?

604. How were these territories classified in the Constitution after independence?

605. When were these territories constituted as ‘union territories’, and by which Acts?

606. Which former union territories were later elevated to statehood?

607. Which territories acquired from the Portuguese and French were constituted as union territories?

608. What are the eight Union Territories and their years of creation?

609. What was Lakshadweep known as until 1973?

610. When was Delhi redesignated as the National Capital Territory of Delhi?

611. What was Puducherry known as until 2006?

612. What are the reasons for the creation of union territories?

613. What were the reasons given by the central government for the bifurcation of Jammu and Kashmir into two separate union territories in 2019?

614. When were the union territories of Dadra and Nagar Haveli and Daman and Diu merged into a single union territory?

615. What were the reasons given by the central government for the merger of Dadra and Nagar Haveli and Daman and Diu?

616. Which Articles in Part VIII of the Constitution deal with the union territories?

617. How is every union territory administered?

618. What is the status of an administrator of a union territory?

619. What are the designations for an administrator of a union territory?

620. What is the current designation for the administrator in Delhi, Puducherry, Andaman and Nicobar Islands, Jammu and Kashmir, and Ladakh?

621. What is the current designation for the administrator in Chandigarh, Dadra and Nagar Haveli and Daman and Diu, and Lakshadweep?

622. Can the President appoint the governor of a state as the administrator of an adjoining union territory?

623. How does a governor act when appointed as an administrator of a union territory?

624. Which Union Territories are provided with a legislative assembly and a council of ministers?

625. Do the remaining six union territories have popular political institutions like a legislative assembly?

626. Does the establishment of local legislatures in union territories diminish the supreme control of the President and Parliament?

627. What is the Parliament’s power to make laws for union territories?

628. What is the legislative power of the legislative assembly of Puducherry?

629. What is the legislative power of the legislative assembly of Delhi?

630. What is the legislative power of the legislative assembly of Jammu and Kashmir?

631. What power does the President have to make regulations for certain union territories?

632. When can the President legislate by making regulations for Puducherry?

633. What is the force and effect of a regulation made by the President for union territories?

634. Can the Parliament establish a high court for a union territory?

635. Which is the only union territory that has a high court of its own?

636. Which High Court has jurisdiction over the union territory of Dadra and Nagar Haveli and Daman and Diu?

637. Which High Courts have jurisdiction over Andaman and Nicobar Islands, Chandigarh, Lakshadweep, and Puducherry respectively?

638. What is the common high court for the union territories of Jammu and Kashmir, and Ladakh?

639. Does the Constitution contain separate provisions for the administration of acquired territories?

640. Do the constitutional provisions for the administration of union territories apply to acquired territories?

641. What special status was provided to the Union Territory of Delhi by the 69th Constitutional Amendment Act of 1991?

642. What institutions were created for Delhi by the 69th Constitutional Amendment Act?

643. What is the strength of the Delhi assembly, and how are its members elected?

644. Who conducts the elections for the Delhi assembly?

645. What matters can the Delhi assembly make laws on?

646. What is the rule if there is a conflict between laws made by the Parliament and the Delhi Assembly?

647. What is the strength of the council of ministers in Delhi?

648. Who appoints the chief minister and other ministers in Delhi?

649. What is the tenure of the ministers in Delhi?

650. To whom is the council of ministers in Delhi collectively responsible?

651. What is the role of the council of ministers in aiding and advising the lt. governor in Delhi?

652. What happens if there is a difference of opinion between the lt. governor and his/her ministers in Delhi?

653. What can the President do if the constitutional machinery fails in Delhi?

654. What power does the lt. governor have regarding ordinances during the recess of the assembly?

655. What is the force of an ordinance promulgated by the lt. governor?

656. What is required for an ordinance promulgated by the lt. governor to remain in force?

657. Can the lt. governor withdraw an ordinance?

658. When can the lt. governor not promulgate or withdraw an ordinance?

659. Which ministry is the nodal ministry for all matters of Union Territories under the Government of India (Allocation of Business) Rules 1961?

660. What is the forum for UTs without legislature, and who chairs it?

661. What is the executive head of Andaman and Nicobar Islands?

662. What is the judiciary for Andaman and Nicobar Islands?

663. What is the executive head of Chandigarh?

664. What is the judiciary for Chandigarh?

665. What is the executive head of Dadra and Nagar Haveli and Daman and Diu?

666. What is the judiciary for Dadra and Nagar Haveli and Daman and Diu?

667. What are the executive heads of Delhi?

668. What is the legislature for Delhi?

669. What is the judiciary for Delhi?

670. What is the executive head of Lakshadweep?

671. What is the judiciary for Lakshadweep?

672. What are the executive heads of Puducherry?

673. What is the legislature for Puducherry?

674. What is the judiciary for Puducherry?