Chapter 61 National Commission for Minorities

1703. When did the Government of India set up a Minorities Commission, and by what means?

In 1978, the Government of India set up a Minorities Commission vide an executive resolution.

1704. What was the reason explained for the establishment of the Minorities Commission?

Despite constitutional safeguards, a feeling of inequality and discrimination persisted among Minorities, necessitating effective institutional arrangements for enforcement and implementation of safeguards to preserve secular traditions and promote National Integration.

1705. What was the reason for giving statutory status to the Minorities Commission?

It was felt that giving statutory status would infuse confidence among minorities about the Commission’s working and effectiveness, and give it more weight with State Governments/UT Administrations and Central Government Ministries/Departments.

1706. With the enactment of which Act did the Minorities Commission become a statutory body and get renamed?

With the enactment of the National Commission for Minorities Act, 1992, the Minorities Commission became a statutory body and was renamed the National Commission for Minorities.

1707. When was the first statutory Commission for Minorities constituted?

The first statutory Commission was constituted in 1993.

1708. What is the nature of the National Commission for Minorities in terms of autonomy?

The Commission is an autonomous body.

1709. Under whose administrative control does the National Commission for Minorities operate?

It works under the administrative control of the Ministry of Minority Affairs, Government of India.

1710. Does the National Commission for Minorities Act define the term ‘minority’?

No, the Act does not define the term ‘minority’.

1711. What does the National Commission for Minorities Act enable the Central Government to do regarding ‘minorities’?

The Act enables the Central Government to notify ‘minorities’ for the purposes of the Act.

1712. What five religious communities did the Centre notify as minority communities in 1993?

In 1993, the Centre notified Muslims, Christians, Sikhs, Buddhists, and Zoroastrians (Parsis) as minority communities.

1713. Which community was added to the list of minority communities in 2014?

In 2014, the Jain community was added to this list.

1714. What is the composition of the National Commission for Minorities?

The Commission is a multi-member body consisting of a Chairperson, a Vice-Chairperson, and five members.

1715. Who nominates the Chairperson, Vice-Chairperson, and members of the National Commission for Minorities?

They are nominated by the Central Government from amongst persons of eminence, ability, and integrity.

1716. What is the minority community representation requirement for the members of the National Commission for Minorities?

Five members, including the Chairperson, should be from amongst the minority communities.

1717. Who prescribes the salaries, allowances, and other service conditions of the Chairman and members of the National Commission for Minorities?

The salaries, allowances, and other service conditions are also prescribed by the Central Government (Ministry of Minority Affairs).

1718. What is the term of office for the chairperson and members of the National Commission for Minorities?

The chairperson and members hold office for a period of three years.

1719. How can the chairperson and members of the National Commission for Minorities relinquish their office?

They can relinquish their office at any time by addressing their resignation to the Central Government.

1720. Under what circumstances can the Central Government remove the Chairperson or a member of the National Commission for Minorities?

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 from three consecutive meetings of the Commission.
Abused official position, making continuance detrimental to the interests of minorities or the public interest.

1721. What is the mandate of the National Commission for Minorities?

The Commission is provided with a nine-point mandate.

1722. What is the first function of the National Commission for Minorities?

To evaluate the progress of the development of minorities under the Union and States.

1723. What is the second function of the National Commission for Minorities?

To monitor the working of the safeguards for minorities provided in the Constitution and in laws enacted by Parliament and the state legislatures.

1724. What is the third function of the National Commission for Minorities?

To make recommendations for the effective implementation of safeguards for the protection of the interests of minorities by the Central Government or the State Governments.

1725. What is the fourth function of the National Commission for Minorities?

To look into specific complaints regarding deprivation of rights and safeguards of minorities and take up such matters with the appropriate authorities.

1726. What is the fifth function of the National Commission for Minorities?

To cause studies to be undertaken into the problems arising out of any discrimination against minorities and recommend measures for their removal.

1727. What is the sixth function of the National Commission for Minorities?

To conduct studies, research and analysis on the issues relating to socio-economic and educational development of minorities.

1728. What is the seventh function of the National Commission for Minorities?

To suggest appropriate measures in respect of any minority to be undertaken by the Central Government or the State Governments.

1729. What is the eighth function of the National Commission for Minorities?

To make periodical or special reports to the Central Government on any matter pertaining to minorities and in particular the difficulties confronted by them.

1730. What is the ninth function of the National Commission for Minorities?

To look into any other matter referred to it by the Central Government.

1731. What powers does the National Commission for Minorities have when evaluating/monitoring 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.

1732. To whom does the National Commission for Minorities present its report?

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

1733. What does the Central Government do with the National Commission for Minorities’ 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.

Chapter 62 Central Information Commission

1735. When was the Central Information Commission (CIC) established, and under what provisions?

The Central Information Commission (CIC) was established by the Central Government in 2005, under the provisions of the Right to Information Act (2005).

1736. What is the nature of the CIC?

It is not a constitutional body.

1737. What is the role of the CIC?

The Central Information Commission is a high-powered independent body which inter alia looks into the complaints made to it and decide the appeals.

1738. What types of complaints and appeals does the CIC entertain?

It entertains complaints and appeals pertaining to offices, financial institutions, public sector undertakings, etc., under the Central Government and the Union Territories.

1739. What is the composition of the CIC?

The Commission consists of a Chief Information Commissioner and not more than ten Information Commissioners.

1740. Who appoints the Chief Information Commissioner and Information Commissioners?

They are appointed by the President.

1741. On whose recommendation are the Chief Information Commissioner and Information Commissioners appointed?

They are appointed on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.

1742. What are the qualifications for the Chief Information Commissioner and Information Commissioners?

They should be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.

1743. What are the restrictions on holding other offices for the Chief Information Commissioner and Information Commissioners?

They should not be a Member of Parliament or Member of the Legislature of any State or Union Territory. They should not hold any other office of profit or be connected with any political party or carrying on any business or pursuing any profession.

1744. What is the term of office for the Chief Information Commissioner and an Information Commissioner?

They shall hold office for such term as prescribed by the Central Government or until they attain the age of 65 years, whichever is earlier.

1745. Are the Chief Information Commissioner and an Information Commissioner eligible for reappointment?

No, they are not eligible for reappointment.

1746. Under what circumstances can the President remove the Chief Information Commissioner or any Information Commissioner?

The President can remove them if he/she:

Is adjudged an insolvent.
Has been convicted of an offence involving moral turpitude.
Engages in any paid employment outside official duties.
Is unfit to continue in office due to infirmity of mind or body.
Has acquired such financial or other interest as is likely to affect prejudicially his/her official functions.

1747. What is the procedure for removing the Chief Information Commissioner or any Information Commissioner on grounds of proved misbehaviour or incapacity?

In these cases, the President has to 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 him/her.

1748. Who prescribes the salary, allowances, and other service conditions of the Chief Information Commissioner and an Information Commissioner?

The salary, allowances, and other service conditions are prescribed by the Central Government.

1749. Can the salary, allowances, or other service conditions of the Chief Information Commissioner and an Information Commissioner be varied to his/her disadvantage during service?

No, they cannot be varied to his/her disadvantage during service.

1750. What is the first duty of the Central Information Commission regarding complaints?

It is the duty of the Commission to receive and inquire into a complaint from any person who has not been able to submit an information request, has been refused information, has not received a response, thinks fees are unreasonable, thinks information is incomplete/misleading/false, or any other matter relating to obtaining information.

1751. Can the CIC order an inquiry into any matter on its own initiative?

Yes, the Commission can order inquiry into any matter if there are reasonable grounds (suo-moto power).

1752. What powers does the CIC have similar to a civil court when inquiring?

When inquiring, the Commission has the powers of a civil court, including:

Summoning and enforcing attendance of persons and compelling them to give oral or written evidence on oath and to produce documents or things.
Requiring the discovery and inspection of documents.
Receiving evidence on affidavit.
Requisitioning any public record from any court or office.
Issuing summons for examination of witnesses or documents.
Any other matter which may be prescribed.

1753. What is the CIC’s power regarding public records during an inquiry?

During the inquiry, the Commission may examine any record under the control of the public authority, and no such record may be withheld from it on any grounds. All public records must be given to the Commission for examination.

1754. What is the CIC’s power to secure compliance of its decisions from the public authority?

The Commission has the power to secure compliance of its decisions, including:

Providing access to information in a particular form.
Directing the public authority to appoint a Public Information Officer where none exists.
Publishing information or categories of information.
Making necessary changes to practices related to management, maintenance and destruction of records.
Enhancing training provision for officials on the right to information.
Seeking an annual report from the public authority on compliance.
Requiring the public authority to compensate for any loss or detriment suffered by the applicant.
Imposing penalties under this Act.
Rejecting the application.

1755. To whom does the CIC submit its annual report?

The Commission submits an annual report to the Central Government on the implementation of the provisions of this Act.

1756. What does the Central Government do with the CIC’s annual report?

The Central Government places this report before each House of Parliament.

When a public authority does not conform to the provisions of this Act, the Commission may recommend (to the authority) steps which ought to be taken for promoting such conformity.

1758. What was the change in the term of office for the Chief Information Commissioner and an Information Commissioner by the RTI Amendment Act, 2019?

Before the amendment, their term was fixed for 5 years. The RTI Amendment Act, 2019, provided that they shall hold office for such term as prescribed by the Central Government.

1759. What was the change in the salary, allowances, and other service conditions for the Chief Information Commissioner and an Information Commissioner by the RTI Amendment Act, 2019?

Before the amendment, their salary and conditions were similar to those of the Chief Election Commissioner and an Election Commissioner, respectively. The RTI Amendment Act, 2019, provided that they shall be such as prescribed by the Central Government.

1760. What was the change in the term of office for the State Chief Information Commissioner and a State Information Commissioner by the RTI Amendment Act, 2019?

Before the amendment, their term was fixed for 5 years. The RTI Amendment Act, 2019, provided that they shall hold office for such term as prescribed by the Central Government.

1761. What was the change in the salary, allowances, and other service conditions for the State Chief Information Commissioner and a State Information Commissioner by the RTI Amendment Act, 2019?

Before the amendment, their salary and conditions were similar to those of an Election Commissioner and the Chief Secretary of the state government, respectively. The RTI Amendment Act, 2019, provided that they shall be such as prescribed by the Central Government.

1762. What provision did the RTI Amendment Act, 2019, remove regarding salary deductions?

It removed the provisions regarding deductions in salary due to pension or any other retirement benefits received from previous government service for the Chief Information Commissioner, Information Commissioner, State Chief Information Commissioner, and State Information Commissioner.

Chapter 63 State Information Commission

1763. What does the Right to Information Act of 2005 provide for at the state level?

The Right to Information Act of 2005 provides for the creation of a State Information Commission (SIC) at the state level.

1764. What is the nature of the SIC?

The State Information Commission is a high-powered independent body which interalia looks into the complaints made to it and decide the appeals.

1765. What types of complaints and appeals does the SIC entertain?

It entertains complaints and appeals pertaining to offices, financial institutions, public sector undertakings, etc., under the concerned state government.

1766. What is the composition of the SIC?

The Commission consists of a State Chief Information Commissioner and not more than ten State Information Commissioners.

1767. Who appoints the State Chief Information Commissioner and State Information Commissioners?

They are appointed by the Governor.

1768. On whose recommendation are the State Chief Information Commissioner and State Information Commissioners appointed?

They are appointed on the recommendation of a committee consisting of the Chief Minister as Chairperson, the Leader of Opposition in the Legislative Assembly, and a State Cabinet Minister nominated by the Chief Minister.

1769. What are the qualifications for the State Chief Information Commissioner and State Information Commissioners?

1770. What are the restrictions on holding other offices for the State Chief Information Commissioner and State Information Commissioners?

1771. What is the term of office for the State Chief Information Commissioner and a State Information Commissioner?

They shall hold office for such term as prescribed by the Central Government or until they attain the age of 65 years, whichever is earlier.

1772. Are the State Chief Information Commissioner and a State Information Commissioner eligible for reappointment?

No, they are not eligible for reappointment.

1773. Under what circumstances can the Governor remove the State Chief Information Commissioner or any State Information Commissioner?

The Governor can remove them if he/she:

Is adjudged an insolvent.
Has been convicted of an offence involving moral turpitude.
Engages in any paid employment outside official duties.
Is unfit to continue in office due to infirmity of mind or body.
Has acquired such financial or other interest as is likely to affect prejudicially his/her official functions.

1774. What is the procedure for removing the State Chief Information Commissioner or any State Information Commissioner on grounds of proved misbehaviour or incapacity?

In these cases, the Governor has to refer the matter to the Supreme Court for an enquiry. If the Supreme Court upholds the cause of removal and advises so, the Governor can remove him.

1775. Who prescribes the salary, allowances, and other service conditions of the State Chief Information Commissioner and a State Information Commissioner?

The salary, allowances, and other service conditions are prescribed by the Central Government.

1776. Can the salary, allowances, or other service conditions of the State Chief Information Commissioner and a State Information Commissioner be varied to his/her disadvantage during service?

No, they cannot be varied to his/her disadvantage during service.

1777. What is the first duty of the State Information Commission regarding complaints?

1778. Can the SIC order an inquiry into any matter on its own initiative?

Yes, the Commission can order inquiry into any matter if there are reasonable grounds (suo-moto power).

1779. What powers does the SIC have similar to a civil court when inquiring?

When inquiring, the Commission has the powers of a civil court, including:

Summoning and enforcing attendance of persons and compelling them to give oral or written evidence on oath and to produce documents or things.
Requiring the discovery and inspection of documents.
Receiving evidence on affidavit.
Requisitioning any public record from any court or office.
Issuing summons for examination of witnesses or documents.
Any other matter which may be prescribed.

1780. What is the SIC’s power regarding public records during an inquiry?

1781. What is the SIC’s power to secure compliance of its decisions from the public authority?

The Commission has the power to secure compliance of its decisions, including:

Providing access to information in a particular form.
Directing the public authority to appoint a Public Information Officer where none exists.
Publishing information or categories of information.
Making necessary changes to practices related to management, maintenance and destruction of records.
Enhancing training provision for officials on the right to information.
Seeking an annual report from the public authority on compliance.
Requiring the public authority to compensate for any loss or detriment suffered by the applicant.
Imposing penalties under this Act.
Rejecting the application.

1782. To whom does the SIC submit its annual report?

The Commission submits an annual report to the State Government on the implementation of the provisions of this Act.

1783. What does the State Government do with the SIC’s annual report?

The State Government places this report before the State Legislature.

When a public authority does not conform to the provisions of this Act, the Commission may recommend (to the authority) steps which ought to be taken for promoting such conformity.

Chapter 64 Central Vigilance Commission

1785. What is the nature of the Central Vigilance Commission (CVC)?

The Central Vigilance Commission (CVC) is the main agency for preventing corruption in the Central government.

1786. When was the CVC established, and by what means?

It was established in 1964 by an executive resolution of the Central government.

1787. On whose recommendation was the CVC’s establishment recommended?

Its establishment was recommended by the Santhanam Committee on Prevention of Corruption (1962–64).

1788. What was the original status of the CVC in terms of being a constitutional or statutory body?

Originally, the CVC was neither a constitutional body nor a statutory body.

1789. When was statutory status conferred upon the CVC?

It was conferred statutory status by the Central Vigilance Commission Act, 2003 (CVC Act, 2003).

1790. What is the CVC’s role regarding complaints or disclosures from whistleblowers?

The CVC has been designated as the agency to receive and act on complaints or disclosure on any allegation of corruption or misuse of office from whistle blowers under the “Public Interest Disclosure and Protection of Informers’ Resolution” (PIDPI), 2004.

1791. What is the CVC’s power regarding motivated or vexatious complaints?

The CVC is empowered as the only designated agency to take action against complainants making motivated or vexatious complaints.

1792. What is the CVC conceived to be in terms of vigilance institution?

The CVC is conceived to be the apex vigilance institution, free of control from any executive authority.

1793. What is the CVC’s role in monitoring and advising vigilance activity?

It monitors all vigilance activity under the Central Government and advises various authorities in Central Government organisations in planning, executing, reviewing and reforming their vigilance work.

1794. What is the composition of the CVC?

The CVC is a multi-member body consisting of a Central Vigilance Commissioner (chairperson) and not more than two vigilance commissioners.

1795. Who appoints the Central Vigilance Commissioner and vigilance commissioners?

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

1796. On whose recommendation are the Central Vigilance Commissioner and vigilance commissioners appointed?

They are appointed on the recommendation of a three-member committee consisting of the prime minister as its head, the Union minister of home affairs, and the Leader of the Opposition in the Lok Sabha.

1797. What is the term of office for the Central Vigilance Commissioner and vigilance commissioners?

They hold office for a term of four years or until they attain the age of sixty five years, whichever is earlier.

1798. Are the Central Vigilance Commissioner and vigilance commissioners eligible for further employment after their tenure?

No, after their tenure, they are not eligible for further employment under the Central or a state government.

1799. Under what circumstances can the President remove the Central Vigilance Commissioner or any vigilance commissioner?

The President can remove them if he/she:

Is adjudged an insolvent.
Has been convicted of an offence involving moral turpitude.
Engages in any paid employment outside official duties.
Is unfit to continue in office due to infirmity of mind or body.
Has acquired such financial or other interest as is likely to affect prejudicially his/her official functions.

1800. What is the procedure for removing the Central Vigilance Commissioner or any vigilance commissioner on grounds of proved misbehaviour or incapacity?

In these cases, the President has to 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 him/her.

1801. How is the term ‘misbehaviour’ defined for CVC members?

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

1802. What are the salary, allowances, and other conditions of service of the Central Vigilance Commissioner and vigilance commissioner compared to?

The salary, allowances, and other conditions of service of the Central Vigilance Commissioner are similar to those of the Chairman of UPSC, and that of the vigilance commissioner are similar to those of a member of UPSC.

1803. Can the salary, allowances, or other conditions of service of the CVC or VC be varied to his/her disadvantage after appointment?

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

1804. What are the three wings of the CVC’s organisation?

The CVC has its own Secretariat, Chief Technical Examiners’ Wing (CTE), and a wing of Commissioners for Departmental Inquiries (CDIs).

1805. What is the composition of the CVC Secretariat?

The Secretariat consists of a Secretary, Joint Secretaries, Deputy Secretaries, Under Secretaries, and office staff.

1806. What is the Chief Technical Examiners’ Wing (CTE)?

The Chief Technical Examiners’ Wing is the technical wing of the CVC, consisting of Chief Engineers (designated as Chief Technical Examiners) and supporting engineering staff.

1807. What are the main functions assigned to the Chief Technical Examiners’ Wing (CTE)?

The main functions are:

Technical audit of construction works of Government organisations from a vigilance angle.
Investigation of specific cases of complaints relating to construction works.
Extension of assistance to CBI in investigations involving technical matters and property evaluation in Delhi.
Tendering of advice/assistance to the CVC and Chief Vigilance Officers in vigilance cases involving technical matters.

1808. What is the function of the Commissioners for Departmental Inquiries (CDIs)?

The CDIs function as Inquiry Officers to conduct oral inquiries in departmental proceedings initiated against public servants.

1809. What is the first function of the CVC?

To inquire or cause an inquiry or investigation to be conducted on a reference made by the Central government regarding alleged offences under the Prevention of Corruption Act, 1988, by a public servant.

1810. What is the second function of the CVC?

To inquire or cause an inquiry or investigation to be conducted into any complaint against any official belonging to the specified category (Members of all-India services, Group ‘A’ officers of Central government) regarding alleged offences under the Prevention of Corruption Act, 1988.

1811. What is the third function of the CVC?

To exercise superintendence over the functioning of the Delhi Special Police Establishment (CBI) insofar as it relates to the investigation of offences under the Prevention of Corruption Act, 1988.

1812. What is the fourth function of the CVC?

To give directions to the Delhi Special Police Establishment (CBI) for superintendence insofar as it relates to the investigation of offences under the Prevention of Corruption Act, 1988.

1813. What is the fifth function of the CVC?

To review the progress of investigations conducted by the Delhi Special Police Establishment into offences alleged to have been committed under the Prevention of Corruption Act, 1988.

1814. What is the sixth function of the CVC?

To review the progress of applications pending with the competent authorities for sanction of prosecution under the Prevention of Corruption Act, 1988.

1815. What is the seventh function of the CVC?

To tender advise to the Central government and its authorities on such matters as are referred to it by them.

1816. What is the eighth function of the CVC?

To exercise superintendence over the vigilance administration in the ministries of the Central government or its authorities.

1817. What is the ninth function of the CVC?

To undertake or cause an inquiry into complaints received under the Public Interest Disclosure and Protection of Informers’ Resolution and recommend appropriate action.

1818. What is the tenth function of the CVC?

The Central Government is required to consult the CVC in making rules and regulations governing the vigilance and disciplinary matters relating to the members of Central Services and All-India Services.

1819. What is the jurisdiction of the CVC?

The jurisdiction of the CVC extends to:

Members of All India Services serving in connection with the affairs of the Union and Group A officers of the Central Government.
Officers of the rank of Scale V and above in the Public Sector Banks.
Officers in Grade D and above in Reserve Bank of India, NABARD and SIDBI.
Chief Executives and Executives on the Board and other officers of E-8 and above in Schedule ‘A’ and ‘B’ Public Sector Undertakings.
Chief Executives and Executives on the Board and other officers of E-7 and above in Schedule ‘C’ and ‘D’ Public Sector Undertakings.
Managers and above in General Insurance Companies.
Senior Divisional Managers and above in Life Insurance Corporation.
Officers drawing salary of `8700/- per month (pre-revised) and above on Central Government D.A. pattern, as may be revised from time to time, in societies and local authorities owned or controlled by the Central Government.

1820. Where does the CVC conduct its proceedings?

The CVC conducts its proceedings at its headquarters (New Delhi).

1821. What power is the CVC vested with regarding its procedure?

It is vested with the power to regulate its own procedure.

1822. What powers does the CVC have similar to a civil court?

It has all the powers of a civil court and its proceedings have a judicial character.

1823. What information can the CVC call for?

It may call for information or report from the Central government or its authorities to enable it to exercise general supervision over the vigilance and anti-corruption work in them.

1824. What happens when the CVC receives a report of an inquiry?

The CVC advises the Central government or its authorities on the further course of action.

1825. What happens if the Central government or its authorities do not agree with the advice of the CVC?

Where the Central government or any of its authorities do not agree with the advice of the CVC, it shall communicate the reasons (to be recorded in writing) to the CVC.

1826. To whom does the CVC present its annual report?

The CVC has to present annually to the President a report on its performance.

1827. What does the President do with the CVC’s report?

The President places this report before each House of Parliament.

1828. What is the purpose of the Whistle Blowers Protection Act (2014)?

The Act provides a mechanism for protecting the identity of whistle blowers (people who expose corruption) and encouraging them to disclose information about corruption or willful misuse of power by public servants.

1829. Who is the competent authority to receive a public interest disclosure on corruption under the Whistle Blowers Protection Act?

The Central Vigilance Commission (CVC) is the competent authority. The government can also appoint any other body.

1830. What is the punishment for false or frivolous complaints under the Whistle Blowers Protection Act?

The Act lays down punishment of up to two years in prison and a fine of up to `30,000 for false or frivolous complaints.

1831. What is required for every disclosure under the Whistle Blowers Protection Act?

Every disclosure shall be made in good faith and the person making the disclosure shall provide a personal declaration stating that he/she reasonably believes that the information disclosed is substantially true.

1832. How can disclosures be made under the Whistle Blowers Protection Act?

Disclosures can be made in writing or by email message in accordance with prescribed procedure, with full particulars and supporting documents.

1833. When will no action be taken on a disclosure under the Whistle Blowers Protection Act?

No action shall be taken if it does not indicate the identity of the complainant or public servant, or if their identity is found to be incorrect.

1834. Is the Whistle Blowers Protection Act applicable to the Special Protection Group?

No, the Act is not applicable to the Special Protection Group.

Chapter 65 Central Bureau of Investigation

1835. What is the origin of the Central Bureau of Investigation (CBI)?

The Central Bureau of Investigation (CBI) traces its origin to the Special Police Establishment which was set up in 1941 by the Government of India.

1836. What were the original functions of the Special Police Establishment?

The original functions were to investigate cases of bribery and corruption in transactions with the War and Supply Department of India during World War II.

1837. Who was vested with the superintendence of the Special Police Establishment originally?

The superintendence of the Special Police Establishment was vested with this War and Supply Department.

1838. When was the Delhi Special Police Establishment Act brought into force, and what was its purpose?

The Delhi Special Police Establishment Act was brought into force in 1946 to transfer the superintendence of the Special Police Establishment to the Home Department and enlarge its functions to cover all departments of the Government of India.

1839. When was the CBI established, and by what means?

The CBI was established in 1963 by a resolution of the Ministry of Home Affairs, Government of India.

1840. What happened to the Delhi Special Police Establishment after the CBI’s establishment?

The Delhi Special Police Establishment was merged with the CBI and was made one of its divisions.

1841. To which Ministry was the CBI transferred later?

Later, the CBI was transferred to the Ministry of Personnel.

1842. Is the CBI a statutory body?

No, the CBI is not a statutory body.

1843. From what Act does the CBI derive its powers?

It derives its powers from the Delhi Special Police Establishment Act, 1946.

1844. What is the CBI’s role as the main investigating agency of the Central Government?

The CBI is the main investigating agency of the Central Government, playing an important role in the prevention of corruption and maintaining integrity in administration.

1845. What other bodies does the CBI provide assistance to?

It also provides assistance to the Central Vigilance Commission and Lokpal.

1846. What is the difference in the nature of cases investigated by the National Investigation Agency (NIA) and the CBI?

The NIA investigates terror-related crimes (terrorist attacks, funding, fake currency, etc.), while the CBI investigates corruption, economic offences, and serious/organized crime other than terrorism.

1847. What is required for the CBI to exercise its powers and jurisdiction in a State?

The jurisdiction of the CBI can be extended to the States only with the consent of the State Government concerned.

1848. What is the motto of the CBI?

The motto of the CBI is Industry, Impartiality and Integrity.

1849. What is the mission of the CBI?

The mission is to uphold the Constitution of India and law of the land through in-depth investigation and successful prosecution of offences; to provide leadership and direction to police forces and to act as the nodal agency for enhancing inter-state and international cooperation in law enforcement.

1850. What is the vision of the CBI?

The vision is to develop professionalism, transparency, adaptability to change, and use of science and technology in its working, focusing on:

Combating corruption in public life, curbing economic and violent crimes.
Evolving effective systems for investigation and prosecution.
Helping fight cyber and high technology crime.
Creating a healthy work environment for team-building, free communication, and mutual trust.
Supporting state police organizations in national and international cooperation.
Playing a lead role in the war against national and transnational organized crime.
Upholding human rights, protecting the environment, arts, antiques, and heritage.
Developing a scientific temper, humanism, and spirit of inquiry and reform.
Striving for excellence and professionalism in all spheres of functioning.

1851. Who heads the CBI?

The CBI is headed by a Director.

1852. Who assists the Director of CBI?

He/she is assisted by special director(s) and additional director(s).

1853. What other ranks of personnel are present in the CBI?

Additionally, it has a number of joint directors, deputy inspector-generals, superintendents of police and all other usual ranks of police personnel as well as forensic scientists and law officers.

1854. Who is responsible for the administration of the CBI?

The Director of CBI as Inspector-General of Police, Delhi Special Police Establishment, is responsible for the administration of the organisation.

1855. Where does the superintendence of the Delhi Special Police Establishment vest, and what is the exception?

With the enactment of CVC Act, 2003, the superintendence of Delhi Special Police Establishment vests with the Central Government, save investigations of offences under the Prevention of Corruption Act, 1988, in which, the superintendence vests with the Central Vigilance Commission.

1856. What changes did the Lokpal and Lokayuktas Act (2013) make to the composition of the CBI?

The Lokpal and Lokayuktas Act (2013) amended the Delhi Special Police Establishment Act (1946) and made the following changes:

The Central Government shall appoint the Director of CBI on the recommendation of a three-member committee.
There shall be a Directorate of prosecution headed by a Director for conducting prosecution of cases under the Lokpal and Lokayuktas Act, 2013.
The Central Government shall appoint officers of the rank of SP and above in the CBI on the recommendation of a committee.

1857. What is the composition of the three-member committee for appointing the Director of CBI?

The committee consists of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha, and the Chief Justice of India or Judge of the Supreme Court nominated by him/her.

1858. Who heads the Directorate of prosecution under the Lokpal and Lokayuktas Act, 2013?

There shall be a Directorate of prosecution headed by a Director for conducting the prosecution of cases under the Lokpal and Lokayuktas Act, 2013.

1859. Under whose supervision and control does the Director of Prosecution function?

The Director of Prosecution shall function under the overall supervision and control of the Director of CBI.

1860. On whose recommendation are officers of the rank of SP and above in the CBI appointed?

The Central Government shall appoint officers of the rank of SP and above in the CBI on the recommendation of a committee consisting of the Central Vigilance Commissioner as Chairperson, the Vigilance Commissioners, the Secretary of the Home Ministry, and the Secretary of the Department of Personnel.

1861. What change did the Delhi Special Police Establishment (Amendment) Act, 2014 make regarding the appointment committee for the Director of CBI?

It states that where there is no recognized Leader of Opposition in the Lok Sabha, then the leader of the single largest opposition party in the Lok Sabha would be a member of that committee.

1862. What did the Delhi Special Police Establishment (Amendment) Act, 2021 provide for regarding the tenure of the Director of CBI?

The Act provided for the extension of the tenure of the Director of CBI from a fixed two-year tenure to up to five years.

1863. How can the extension of tenure for the Director of CBI be granted?

The extension can be given up to one year at a time, and no such extension is possible after the completion of a total period of five years, including the initial two-year period.

1864. What is the first function of the CBI?

Investigating cases of corruption, bribery and misconduct of Central government employees.

1865. What is the second function of the CBI?

Investigating cases relating to infringement of fiscal and economic laws, such as breach of laws concerning export and import control, customs, central excise, income tax, foreign exchange regulations, etc.

1866. What is the third function of the CBI?

Investigating serious crimes, having national and international ramifications, committed by organised gangs of professional criminals.

1867. What is the fourth function of the CBI?

Coordinating the activities of the anti-corruption agencies and the various state police forces.

1868. What is the fifth function of the CBI?

Taking up, on the request of a state government, any case of public importance for investigation.

1869. What is the sixth function of the CBI?

Maintaining crime statistics and disseminating criminal information.

1870. What type of investigation agency is the CBI?

The CBI is a multidisciplinary investigation agency of the Government of India.

1871. To what types of cases does the CBI normally confine its activities in the anti-corruption field?

The CBI normally confines its activities in the anti-corruption field to offences committed by the employees of the Central Government and Union Territories and their public sector undertakings.

1872. When does the CBI take up investigation of conventional crimes like murder, kidnapping, or rape?

It takes up investigation of conventional crimes like murder, kidnapping, rape etc., on reference from the state governments or when directed by the Supreme Court/High Courts.

1873. What is the CBI’s role regarding Interpol?

The CBI acts as the “National Central Bureau” of Interpol in India, coordinating requests for investigation-related activities from Indian law enforcement agencies and Interpol member countries.

1874. What is required for the CBI to conduct an inquiry or investigation into an offence committed by joint secretary and above officers in the Central Government?

The CBI is required to obtain the prior approval of the Central Government.

1875. What did the Supreme Court hold in 2014 regarding the prior sanction mandatory for the CBI to probe senior bureaucrats?

In 2014, the Supreme Court held as invalid the legal provision that makes prior sanction mandatory for the CBI to conduct a probe against senior bureaucrats in corruption cases under the Prevention of Corruption Act.

1876. What did a Constitution Bench hold regarding Section 6A of the Delhi Special Police Establishment Act?

A Constitution Bench held that Section 6A of the Delhi Special Police Establishment Act, which granted protection to joint secretary and above officers from facing even a preliminary inquiry by the CBI in corruption cases, was violative of Article 14.

1877. What is the relationship between the Delhi Special Police Establishment (DSPE) and state police forces?

The role of the Delhi Special Police Establishment (a division of CBI) is supplementary to that of the state police forces.

1878. What powers do the DSPE and state police forces have regarding investigation and prosecution?

Along with state police forces, the DSPE enjoys the concurrent powers of investigation and prosecution for offences under the Delhi Special Police Establishment Act, 1946.

1879. What administrative arrangements have been made to avoid duplication and overlapping of cases between the DSPE and state police forces?

The DSPE shall take up cases primarily concerned with the Central Government’s affairs or employees.
The state police force shall take up cases primarily concerned with the state government’s affairs or employees.
The DSPE shall also take up cases against employees of public undertakings or statutory bodies established and financed by the Central Government.

Chapter 66 Lokpal and Lokayuktas

1880. What has resulted from the expansion of bureaucracy and multiplication of administrative processes in modern democratic states?

The expansion of bureaucracy and multiplication of administrative processes have resulted in increased administrative power and discretion, leading to scope for harassment, malpractices, maladministration, and corruption.

1881. What are the three institutional devices created globally to deal with the redressal of citizens’ grievances?

The three institutional devices are:

The Ombudsman System.
The Administrative Courts System.
The Procurator System.

1882. What is the earliest democratic institution created in the world for the redressal of citizens’ grievance?

The earliest democratic institution is the Scandinavian institution of Ombudsman.

1883. What does Donald C. Rowat call the institution of Ombudsman?

Donald C. Rowat calls it a “uniquely appropriate institution for dealing with the average citizens’ complaints about unfair administrative actions.”

1884. When and where was the institution of Ombudsman first created?

The institution of Ombudsman was first created in Sweden in 1809.

1885. What does the Swedish term ‘Ombud’ mean?

‘Ombud’ is a Swedish term and refers to a person who acts as the representative or spokesman of another person.

1886. What does Donald C. Rowat define Ombudsman as?

According to Donald C. Rowat, Ombudsman refers to “an officer appointed by the legislature to handle complaints against administrative and judicial action.”

1887. What matters does the Swedish Ombudsman deal with regarding citizens’ grievances?

The Swedish Ombudsman deals with:

Abuse of administrative discretion (misuse of official power and authority).
Maladministration (inefficiency in achieving targets).
Administrative corruption (demanding bribery).
Nepotism (supporting kith and kin for employment).
Discourtesy (misbehaviour, abusive language).

1888. What is the nature of the Ombudsman in terms of authority and powers?

The Ombudsman is a constitutional authority and enjoys powers to supervise compliance of laws and regulations by public officials, ensuring proper discharge of duties.

1889. Does the Ombudsman have the power to reverse decisions or direct control over administration or courts?

No, the authority has no power to reverse or quash a decision and has no direct control over administration or the courts.

1890. How can the Ombudsman act?

The Ombudsman can act either on the basis of a complaint received from the citizen or suo moto (on his/her own initiative).

1891. Can the Ombudsman prosecute erring officials?

Yes, the authority can prosecute any erring official including the judges.

1892. Can the Ombudsman inflict punishment?

No, it cannot inflict any punishment. It only reports the matter to the higher authorities for necessary corrective action.

1893. To which other Scandinavian countries did the institution of Ombudsman spread from Sweden?

From Sweden, the institution of Ombudsman spread to Finland (1919), Denmark (1955), and Norway (1962).

1894. Which was the first Commonwealth country to adopt the Ombudsman system?

New Zealand was the first Commonwealth country to adopt the Ombudsman system in the form of a Parliamentary Commissioner for Investigation in 1962.

1895. When did the United Kingdom adopt an Ombudsman-like institution?

The United Kingdom adopted Ombudsman-like institution called Parliamentary Commissioner for Administration in 1967.

1896. What is the Ombudsman called in India?

The Ombudsman in India is called Lokpal/Lokayukta.

1897. What does Donald C. Rowat say about the institution of Ombudsman as a bulwark?

Donald C. Rowat says that the institution of Ombudsman is a “bulkwork of democratic government against the tyranny of officialdom.”

1898. What did Gerald E. Caiden describe the Ombudsman as?

Gerald E. Caiden described the Ombudsman as “institutionalised public conscience.”

1899. What is the French system of Administrative Courts?

The French system of Administrative Courts is another unique institutional device created for the redressal of citizens’ grievances against administrative authorities.

1900. What is the institutional device created by socialist countries like the former USSR and China for redressal of citizens’ grievances?

It is called ‘Procurator System’ in these countries.

1901. What is the existing legal and institutional framework to check corruption and redress citizens’ grievances in India?

The framework includes:

Public Servants (Enquiries) Act, 1850
Indian Penal Code, 1860
Special Police Establishment, 1941
Delhi Special Police Establishment Act, 1946
Prevention of Corruption Act, 1988
Benami Transactions (Prohibition) Act, 1988
Commissions of Inquiry Act, 1952
All-India Services (Conduct) Rules, 1968
All-India Services (Discipline and Appeal) Rules, 1969
Central Civil Services (Conduct) Rules, 1964
Central Civil Services (Classification, Control and Appeal) Rules, 1965
Railway Services (Conduct) Rules, 1966
Vigilance organisations in ministries/departments, attached and subordinate offices and public undertakings
Central Bureau of Investigation, 1963
Central Vigilance Commission, 1964
State Vigilance Commissions, 1964
Anti-corruption bureaus in states
Lokpal (Ombudsman) at the Centre
Lokayukta (Ombudsman) in states
Divisional Vigilance Board
District Vigilance Officer
National, State and District Consumer Disputes Redressal Commissions
National Commission for SCs
National Commission for STs
National Commission for BCs
National Commission for Minorities
Supreme Court and High Courts in states
Administrative Tribunals (quasi-judicial bodies)
Directorate of Public Grievances in the Cabinet Secretariat, 1988
Parliament and its committees
‘File to Field’ programme in some states like Kerala.
Whistle Blowers Protection Act, 2014
Department of Administrative Reforms and Public Grievances
Centralised Public Grievance Redress and Monitoring System, 2007

The First Administrative Reforms Commission (ARC) recommended the setting up of two special authorities designated as ‘Lokpal’ and ‘lokayukta’ for the redressal of citizens’ grievances.

1903. On what pattern were these institutions to be set up?

These institutions were to be set up on the pattern of the institution of Ombudsman in Scandinavian countries and the parliamentary commissioner for investigation in New Zealand.

1904. What would the Lokpal deal with according to the ARC?

The Lokpal would deal with complaints against ministers and secretaries at Central and state levels.

1905. What would the lokayukta deal with according to the ARC?

The lokayukta (one at the Centre and one in every state) would deal with complaints against other specified higher officials.

1906. Did the ARC keep the judiciary within the purview of Lokpal and lokayukta?

No, the ARC kept the judiciary outside the purview of Lokpal and lokayukta, as in New Zealand.

1907. What was the situation in Sweden regarding the judiciary and Ombudsman?

In Sweden, the judiciary is within the purview of Ombudsman.

1908. How would the Lokpal be appointed according to the ARC?

The Lokpal would be appointed by the President after consultation with the chief justice of India, the Speaker of Lok Sabha, and the Chairman of the Rajya Sabha.

1909. What were the recommended features of the institutions of Lokpal and lokayukta by the ARC?

The features included:

They should be demonstratively independent and impartial.
Their investigations and proceedings should be conducted in private and be informal.
Their appointment should be, as far as possible, non-political.
Their status should compare with the highest judicial functionaries in the country.
They should deal with matters in the discretionary field involving acts of injustice, corruption or favouritism.
Their proceedings should not be subject to judicial interference.
They should have the maximum latitude and powers in obtaining relevant information.
They should not look forward to any benefit or pecuniary advantage from the executive government.

1910. How many official attempts have been made to bring about legislation on the Lokpal and Lokayuktas subject so far?

So far, ten official attempts have been made to bring about legislation on this subject.

1911. What was the fate of the first four Lokpal bills introduced in Parliament?

The first four bills lapsed due to the dissolution of Lok Sabha.

1912. What was the fate of the fifth Lokpal bill?

The fifth one was withdrawn by the government.

1913. What was the fate of the sixth and seventh Lokpal bills?

The sixth and seventh bills also lapsed due to the dissolution of the 11th and 12th Lok Sabha.

1914. What was the fate of the eighth Lokpal bill (2001)?

The eighth bill (2001) lapsed due to the dissolution of the 13th Lok Sabha in 2004.

1915. What was the fate of the ninth Lokpal bill (2011)?

The ninth bill (2011) was withdrawn by the government.

1916. Which bill was finally enacted as the Lokpal and Lokayuktas Act, 2013?

The tenth bill (the Lokpal and Lokayuktas Bill, 2011) was enacted as the Lokpal and Lokayuktas Act, 2013.

1917. What is the first salient feature of the Lokpal and Lokayuktas Act (2013)?

It seeks to establish the institution of the Lokpal at the Centre and the Lokayukta at the level of the State, providing a uniform vigilance and anti-corruption road map.

1918. What does the Lokpal’s jurisdiction include?

The jurisdiction of Lokpal includes the Prime Minister, Ministers, Members of Parliament, and Groups A, B, C and D officers and officials of the Central Government.

1919. What is the composition of the Lokpal?

The Lokpal is to consist of a Chairperson with a maximum of 8 members.

1920. What is the judicial member requirement for the Lokpal?

50% of the members shall be judicial members.

1921. What is the reservation requirement for the members of the Lokpal?

50% of the members shall come from amongst the SCs, the STs, the OBCs, minorities, and women.

1922. How are the Chairperson and members of Lokpal selected?

The selection is through a Selection Committee consisting of the Prime Minister, Speaker of the Lok Sabha, Leader of the Opposition in the Lok Sabha, Chief Justice of India or a sitting Supreme Court Judge nominated by the Chief Justice of India, and an eminent jurist nominated by the President.

1923. What body assists the Selection Committee in the selection process for Lokpal?

A Search Committee will assist the Selection Committee.

1924. What is the reservation requirement for the members of the Search Committee for Lokpal?

50% of the members of the Search Committee shall also be from amongst the SCs, the STs, the OBCs, minorities, and women.

1925. Is the Prime Minister brought under the purview of the Lokpal?

Yes, the Prime Minister has been brought under the purview of the Lokpal with subject matter exclusions and specific process for handling complaints.

1926. What is the scope of Lokpal’s jurisdiction regarding public servants?

Lokpal’s jurisdiction will cover all categories of public servants, including Group A, Group B, Group C, and Group D officers and employees of Government.

1927. What happens when the Lokpal refers complaints against Group A and Group B Officers to the CVC?

On complaints referred to the CVC by the Lokpal, the CVC will send its report of preliminary enquiry back to the Lokpal for further decision.

1928. What is the procedure for complaints against Group C and Group D employees?

With respect to categories of employees from Group C and Group D, the CVC will proceed further in exercise of its own powers under the CVC Act subject to reporting and review by the Lokpal.

1929. What power does the Lokpal have over investigating agencies, including the CBI?

The Lokpal will have the power of superintendence and direction over any investigating agency, including the CBI, for cases referred to them by the Lokpal.

1930. What committee recommends the selection of the Director of CBI?

A High-Powered Committee chaired by the Prime Minister will recommend the selection of the Director of CBI.

1931. What provisions does the Act incorporate regarding property of public servants acquired by corrupt means?

It incorporates provisions for attachment and confiscation of property of public servants acquired by corrupt means, even while the prosecution is pending.

1932. What are the clear timelines laid down by the Act for preliminary enquiry, investigation, and trial?

For preliminary enquiry, it is three months extendable by three months. For investigation, it is six months which may be extended by six months at a time. For trial, it is one year extendable by one year.

1933. What is the change in maximum and minimum punishment under the Prevention of Corruption Act by the Lokpal and Lokayuktas Act?

It enhances maximum punishment from seven years to ten years. The minimum punishment under sections 7, 8, 9 and 12 will be three years, and under section 15 (punishment for attempt) will be two years.

1934. Which institutions are under the jurisdiction of Lokpal?

Institutions which are financed fully or partly by Government are under the jurisdiction of Lokpal, but institutions aided by Government are excluded.

1935. What protection does the Act provide for honest and upright public servants?

It provides adequate protection for honest and upright public servants.

1936. What power is conferred upon the Lokpal regarding sanction for prosecution of public servants?

Lokpal is conferred with power to grant sanction for prosecution of public servants in place of the Government or competent authority.

1937. What provisions are aimed at strengthening the CBI under the Act?

Provisions include:

Setting up of a Directorate of Prosecution headed by a Director of Prosecution under the overall control of the Director of CBI.
Appointment of the Director of Prosecution on the recommendation of the CVC.
Maintenance of a panel of advocates by CBI other than Government advocates with the consent of the Lokpal for handling Lokpal-referred cases.
Transfer of officers of CBI investigating cases referred by Lokpal with the approval of Lokpal.
Provision of adequate funds to CBI for investigating cases referred by Lokpal.

1938. Which entities receiving donations from foreign sources are brought under the jurisdiction of Lokpal?

All entities receiving donations from foreign source in the context of the Foreign Contribution Regulation Act (FCRA) in excess of `10 lakhs per year are brought under the jurisdiction of Lokpal.

1939. What mandate does the Act contain regarding the institution of Lokayukta?

It contains a mandate for setting up of the institution of Lokayukta through enactment of a law by the State Legislature within a period of 365 days from the date of commencement of this Act.

1940. What is the first drawback of the Lokpal and Lokayuktas Act, 2013?

Lokpal cannot suo motu proceed against any public servant.

1941. What is the second drawback of the Lokpal and Lokayuktas Act, 2013?

Emphasis on form of complaint rather than substance.

1942. What is the third drawback of the Lokpal and Lokayuktas Act, 2013?

Heavy punishment for false and frivolous complaints against public servants may deter complaints being filed to Lokpal.

1943. What is the fourth drawback of the Lokpal and Lokayuktas Act, 2013?

Anonymous complaints not allowed – Can’t just make a complaint on plain paper and drop it in a box with supporting documents.

1944. What is the fifth drawback of the Lokpal and Lokayuktas Act, 2013?

Legal assistance to public servant against whom complaint is filed.

1945. What is the sixth drawback of the Lokpal and Lokayuktas Act, 2013?

Limitation period of 7 years to file complaints.

1946. What is the seventh drawback of the Lokpal and Lokayuktas Act, 2013?

Very non-transparent procedure for dealing with complaints against the PM.

1947. When was the institution of lokayukta first established in India?

The institution of lokayukta was established first in Maharashtra in 1971.

1948. Which state had passed the Act regarding lokayukta even before Maharashtra established it?

Odisha had passed the Act in this regard in 1970.

1949. Is the structure of the lokayukta uniform across all states?

No, the structure of the lokayukta is not same in all the states. Some states have created both lokayukta and upalokayukta, while others have created only lokayukta.

1950. Who appoints the lokayukta and upalokayukta?

The lokayukta and upalokayukta are appointed by the governor of the state.

1951. Are judicial qualifications prescribed for the lokayukta in all states?

Judicial qualifications are prescribed for the lokayukta in some states, but no specific qualifications are prescribed in other states.

1952. What is the term of office for the lokayukta in most states?

In most states, the term of office fixed for lokayukta is of 5 years duration or 65 years of age, whichever is earlier.

1953. Is there uniformity regarding the jurisdiction of lokayukta in all states?

No, there is no uniformity regarding the jurisdiction of lokayukta in all the states.

1954. Is the chief minister included within the jurisdiction of lokayukta in all states?

The chief minister is included within the jurisdiction of lokayukta in some states, while he/she is excluded from the purview of lokayukta in other states.

1955. Are Ministers and higher civil servants included in the purview of lokayukta in all states?

Ministers and higher civil servants are included in the purview of lokayukta in almost all the states.

1956. Are Members of state legislatures included in the purview of lokayukta in all states?

Members of state legislatures are included in the purview of lokayukta in some states.

1957. Are the authorities of the local bodies, corporations, companies and societies included in the jurisdiction of the lokayukta in all states?

The authorities of the local bodies, corporations, companies and societies are included in the jurisdiction of the lokayukta in most of the states.

1958. How can the lokayukta initiate investigations?

In most states, the lokayukta can initiate investigations either on the basis of a complaint received from the citizen against unfair administrative action or suo moto.

1959. Can the lokayukta consider cases of ‘grievances’ as well as ‘allegations’?

The lokayukta can consider the cases of ‘grievances’ as well as ‘allegations’ in some states.

1960. Is the job of lokayuktas confined to investigating allegations (corruption) in all states?

No, in other states, the job of lokayuktas is confined to investigating allegations (corruption) and not grievances (maladministration).

1961. To whom does the lokayukta present its report?

The lokayukta presents, annually, to the governor of the state a consolidated report on his/her performance.

1962. What does the governor do with the lokayukta’s report?

The governor places this report along with an explanatory memorandum before the state legislature.

1963. Are the recommendations made by the lokayukta binding on the state government?

No, the recommendations made by the lokayukta are only advisory and not binding on the state government.

Chapter 67 National Investigation Agency

1964. When was the National Investigation Agency (NIA) constituted, and under what provisions?

The National Investigation Agency (NIA) was constituted in 2009 under the provisions of the National Investigation Agency Act, 2008 (NIA Act).

1965. What is the NIA’s role in the country?

It is the central counter-terrorism law enforcement agency in the country.

1966. What event led to the establishment of the NIA?

The NIA was established in the backdrop of the 2008 Mumbai terror attacks, popularly known as the 26/11 incident.

1967. Where are the NIA’s headquarters located?

The headquarters of the NIA is in New Delhi.

1968. What is the NIA’s specialized cell known as, and what does it deal with?

The NIA has a separate specialised cell known as TFFC Cell dealing with the subjects of fake currency notes and terror funding.

1969. Who heads the NIA?

The NIA is headed by a Director-General.

1970. What are the powers of the NIA’s Director-General?

His/her powers are similar to the powers exercisable by a Director-General of Police in respect of the police force in a state.

1971. Under whose administrative control does the NIA work?

The NIA works under the administrative control of the Ministry of Home Affairs, Government of India.

1972. What assistance does the state government provide to the NIA?

The state government extends all assistance and co-operation to the NIA for investigation of the offences specified under the NIA Act.

1973. What are the reasons given by the Government of India for creating the NIA?

Reasons include:

Large-scale terrorism sponsored from across borders and numerous incidents of terrorist attacks.
Complex inter-state and international linkages of incidents, and connections with arms/drugs smuggling, fake currency, and infiltration.
Need for a central agency to investigate terrorism-related offences and certain other Acts with national ramifications.

1974. What is the NIA’s mandate regarding offences?

The NIA is mandated to investigate and prosecute offences under the various Acts mentioned in the Schedule of the NIA Act.

1975. What does the NIA do in pursuance of its mandate regarding counter-terrorism investigation?

In pursuance of its mandate, the NIA collects, collates and analyses counter-terrorism investigation.

It also shares inputs with its sister intelligence agencies and law enforcement units both at central and state governments level.

1977. What is the first function of the NIA?

To investigate and prosecute offences in respect of the Acts specified in the Schedule of the NIA Act.

1978. What is the second function of the NIA?

To provide assistance to, and seek assistance from, other intelligence and investigation agencies of the central government and state governments.

1979. What is the third function of the NIA?

To take other such measures which may be necessary for speedy and effective implementation of the provisions of the NIA Act.

1980. What is the vision of the NIA?

The vision is to be a thoroughly professional investigative agency matching the best international standards, setting excellence in counter-terrorism investigations, creating deterrence for terrorist groups, and developing as a storehouse of terrorist-related information.

1981. What is the mission of the NIA?

The mission is to:

Conduct in-depth professional investigation of scheduled offences using scientific methods.
Ensure effective and speedy trial.
Develop into a professional, result-oriented organisation upholding the Constitution and human rights.
Develop a professional workforce through regular training and exposure to best practices.
Display scientific temper and progressive spirit.
Induct modern methods and latest technology.
Maintain professional and cordial relations with state/UT governments and law enforcement agencies.
Assist all states and other investigating agencies in terrorist cases.
Build a database on terrorist-related information and share it.
Study and analyse laws relating to terrorism in other countries and evaluate adequacy of existing laws in India.
Win the confidence of citizens through selfless and fearless endeavors.

1982. What is the jurisdiction of the NIA?

The NIA has concurrent jurisdiction to investigate and prosecute offences affecting the sovereignty, security, and integrity of India, security of state, friendly relations with foreign states, and offences under various Acts enacted to implement international treaties, agreements, conventions, and UNO resolutions.

1983. What types of terror attacks is the NIA empowered to probe?

The NIA is empowered to probe terror attacks including bomb blasts, hijacking of aircrafts and ships, attacks on nuclear installations, and use of weapons of mass destruction.

1984. When was the NIA’s jurisdiction extended?

In 2019, the jurisdiction of the NIA was extended.

1985. What additional offences is the NIA empowered to probe after its jurisdiction was extended in 2019?

The NIA is also empowered to probe offences relating to human trafficking, counterfeit currency or bank notes, manufacture or sale of prohibited arms, cyber-terrorism, and explosive substances.

1986. What is the first provision of the NIA (Amendment) Act, 2019?

It applied the provisions of the NIA Act also to persons who commit a scheduled offence beyond India against Indian citizens or affecting the interest of India.

1987. What is the second provision of the NIA (Amendment) Act, 2019?

It provided that the officers of the NIA shall have the similar powers, duties, privies and liabilities as police officers in connection with the investigation of offences, not only in India but also outside India.

1988. What is the third provision of the NIA (Amendment) Act, 2019?

It empowered the central government, with respect to a scheduled offence committed outside India, to direct the NIA to register the case and take up investigation as if such offence has taken place in India.

1989. What is the fourth provision of the NIA (Amendment) Act, 2019?

It provided that the central government and the state governments may designate Sessions Courts as Special Courts for conducting the trial of offences under the NIA Act.

1990. What is the fifth provision of the NIA (Amendment) Act, 2019?

It inserted certain new offences in the Schedule of the NIA Act.

Chapter 68 National Disaster Management Authority

1991. When did the Government of India set up a High Powered Committee and a National Committee for disaster management?

The Government of India set up a High Powered Committee in 1999 and a National Committee in 2001 (after the Gujarat earthquake).

1992. What was the purpose of these committees?

To make recommendations on the preparation of disaster management plans and suggest effective mitigation mechanisms.

1993. When did the Government of India enact the Disaster Management Act?

After the Indian Ocean tsunami of 2004, the Government of India enacted the Disaster Management Act, 2005.

1994. What did the Disaster Management Act, 2005, provide for?

The Act provided for the creation of the National Disaster Management Authority (NDMA) to spearhead and implement a holistic and integrated approach to disaster management in the country.

1995. When was the NDMA initially constituted, and by what means?

Initially, the NDMA was constituted in 2005 by an Executive Order of the Government of India.

1996. When was the NDMA notified under the provisions of the Act?

Subsequently, the NDMA was notified in 2006 under the provisions of the Act.

1997. What is the composition of the NDMA?

The NDMA consists of a chairperson and other members, not exceeding nine.

1998. Who is the ex-officio chairperson of the NDMA?

The Prime Minister is the ex-officio chairperson of the NDMA.

1999. Who nominates the other members of the NDMA?

The other members are nominated by the chairperson of the NDMA.

2000. Who designates the vice-chairperson of the NDMA?

The chairperson of the NDMA designates one of the members as the vice-chairperson of the NDMA.

2001. What is the status of the vice-chairperson of the NDMA?

The vice-chairperson has the status of a Cabinet Minister.

2002. What is the status of the other members of the NDMA?

The other members have the status of a Minister of State.

2003. What is the NDMA in terms of disaster management in the country?

The NDMA is the apex body for disaster management in the country.

2004. Under whose administrative control does the NDMA work?

It works under the administrative control of the Union Ministry of Home Affairs.

2005. What is the vision of the NDMA?

The vision is: ‘To build a safer and disaster resilient India by a holistic, pro-active, technology driven and sustainable development strategy that involves all stakeholders and fosters a culture of prevention, preparedness and mitigation’.

2006. What are the objectives of the NDMA?

The objectives of the NDMA are:

To promote a culture of prevention, preparedness and resilience at all levels.
To encourage mitigation measures based on technology, traditional wisdom and environmental sustainability.
To mainstream disaster management into the developmental planning process.
To establish institutional and techno-legal frameworks for a regulatory environment and compliance regime.
To ensure an efficient mechanism for identification, assessment and monitoring of disaster risks.
To develop contemporary forecasting and early warning systems backed by responsive and failsafe communication.
To ensure efficient response and relief with a caring approach towards vulnerable sections.
To undertake reconstruction as an opportunity to build disaster resilient structures and habitat.
To promote a productive and proactive partnership with the media for disaster management.

2007. What is the NDMA’s responsibility regarding policies, plans, and guidelines for disaster management?

The NDMA has the responsibility for laying down the policies, plans and guidelines for disaster management for ensuring timely and effective response to disaster.

2008. What is the first function of the NDMA?

To lay down policies on disaster management.

2009. What is the second function of the NDMA?

To approve the National Plan.

2010. What is the third function of the NDMA?

To approve plans prepared by the Ministries or Departments of the Government of India in accordance with the National Plan.

2011. What is the fourth function of the NDMA?

To lay down guidelines to be followed by the State Disaster Management Authorities (SDMAs) in drawing up the State Plan.

2012. What is the fifth function of the NDMA?

To lay down guidelines to be followed by different Ministries or Departments of the Government of India for integrating prevention and mitigation measures in their development plans.

2013. What is the sixth function of the NDMA?

To coordinate the enforcement and implementation of the policy and plan for disaster management.

2014. What is the seventh function of the NDMA?

To recommend provision of funds for the purpose of mitigation.

2015. What is the eighth function of the NDMA?

To provide such support to other countries affected by major disasters as may be determined by the central government.

2016. What is the ninth function of the NDMA?

To take other such measures for the prevention of disaster, or the mitigation, or preparedness and capacity building for dealing with the threatening disaster situation or disaster as it may consider necessary.

2017. What is the tenth function of the NDMA?

To lay down broad policies and guidelines for the functioning of the National Institute of Disaster Management.

2018. What is the first additional function of the NDMA?

It recommends guidelines for the minimum standards of relief to be provided to persons affected by disaster.

2019. What is the second additional function of the NDMA?

It recommends, in cases of disasters of severe magnitude, relief in repayment of loans or grant of fresh loans on concessional terms to the persons affected by such disasters.

2020. What is the third additional function of the NDMA?

It exercises the general superintendence, direction and control of the National Disaster Response Force (NDRF).

2021. What is the purpose of the NDRF?

This force has been constituted for the purpose of specialist response to a threatening disaster situation or disaster.

2022. What is the fourth additional function of the NDMA?

It authorises the concerned department or authority to make the emergency procurement of provisions or materials for rescue or relief, waiving tender procedures.

2023. What is the fifth additional function of the NDMA?

It prepares an annual report on its activities and submits it to the central government, which causes it to be laid before both Houses of Parliament.

2024. What does the Disaster Management Act, 2005, require every state government to establish?

Under the Disaster Management Act, 2005, every state government should establish a State Disaster Management Authority (SDMA) for the state.

2025. What is the composition of an SDMA?

An SDMA consists of a chairperson and other members, not exceeding nine.

2026. Who is the ex-officio chairperson of the SDMA?

The Chief Minister of the state is the ex-officio chairperson of the SDMA.

2027. Who is the ex-officio member of the SDMA?

The chairperson of the State Executive Committee is the ex-officio member of the SDMA.

2028. Who nominates the other members of the SDMA?

The other members, not exceeding eight, are nominated by the chairperson of the SDMA.

2029. Who designates the vice-chairperson of the SDMA?

The chairperson of the SDMA designates one of the members as the vice-chairperson of the SDMA.

2030. Who acts as the ex-officio chief executive officer of the SDMA?

The chairperson of the State Executive Committee acts as the ex-officio chief executive officer of the SDMA.

2031. What is the SDMA’s responsibility regarding policies and plans for disaster management in the state?

An SDMA has the responsibility for laying down policies and plans for disaster management in the state.

2032. What is the first function of the SDMA?

To lay down the state disaster management policy.

2033. What is the second function of the SDMA?

To approve the State Plan in accordance with the guidelines laid down by the NDMA.

2034. What is the third function of the SDMA?

To approve the disaster management plans prepared by the departments of the government of the state.

2035. What is the fourth function of the SDMA?

To lay down guidelines to be followed by the departments of the government of the state for integrating prevention and mitigation measures in their development plans and providing necessary technical assistance.

2036. What is the fifth function of the SDMA?

To coordinate the implementation of the State Plan.

2037. What is the sixth function of the SDMA?

To recommend the provision of funds for mitigation and preparedness measures.

2038. What is the seventh function of the SDMA?

To review the development plans of the different departments of the state and ensure that prevention and mitigation measures are integrated therein.

2039. What is the eighth function of the SDMA?

To review the measures being taken for mitigation, capacity building and preparedness by the departments of the government of the state and issue necessary guidelines.

2040. What is the ninth function of the SDMA?

To prepare an annual report on its activities and submit it to the state government, which causes it to be laid before the state legislature.

2041. What does the Disaster Management Act, 2005, require every state government to establish at the district level?

Under the Disaster Management Act, 2005, every state government should establish a District Disaster Management Authority (DDMA) for every district in the state.

2042. What is the composition of a DDMA?

A DDMA consists of a chairperson and other members, not exceeding seven.

2043. Who is the ex-officio chairperson of the DDMA?

The Collector (or District Magistrate or Deputy Commissioner) of the district is the ex-officio chairperson of the DDMA.

2044. Who is the ex-officio co-chairperson of the DDMA?

The elected representative of the local authority is the ex-officio co-chairperson of the DDMA.

2045. Who is the ex-officio co-chairperson of the DDMA in Tribal Areas?

In Tribal Areas, the chief executive member of the district council of autonomous district is the ex-officio co-chairperson of the DDMA.

2046. Who are the ex-officio members of the DDMA?

The chief executive officer of the DDMA, the superintendent of police, and the chief medical officer of the district are the ex-officio members of the DDMA.

2047. How many other district level officers can be appointed as members of the DDMA?

Not more than two other district level officers are appointed by the state government as members of the DDMA.

2048. Who is the co-chairperson of the DDMA if a Zilla Parishad exists in the district?

In case of a district where Zilla Parishad exists, the chairperson of that Zilla Parishad is the co-chairperson of the DDMA.

2049. Who appoints the chief executive officer of the DDMA?

The chief executive officer of the DDMA is appointed by the state government.

2050. What is the DDMA’s role in disaster management at the district level?

The DDMA acts as the district planning, coordinating and implementing body for disaster management and takes all measures in accordance with the guidelines laid down by the NDMA and the SDMA.

2051. What is the first function of the DDMA?

To prepare a disaster management plan including district response plan for the district.

2052. What is the second function of the DDMA?

To coordinate and monitor the implementation of the National Policy, State Policy, National Plan, State Plan and District Plan.

2053. What is the third function of the DDMA?

To ensure that vulnerable areas are identified and prevention/mitigation measures are undertaken by government departments and local authorities.

2054. What is the fourth function of the DDMA?

To ensure that the guidelines for prevention, mitigation, preparedness, and response measures laid down by the NDMA and SDMA are followed by all departments and local authorities.

2055. What is the fifth function of the DDMA?

To organise and coordinate specialised training programmes for different levels of officers, employees and voluntary rescue workers in the district.

2056. What is the sixth function of the DDMA?

To facilitate community training and awareness programmes for prevention or mitigation with the support of local authorities, governmental and non-governmental organisations.

2057. What is the seventh function of the DDMA?

To set up, maintain, review and upgrade the mechanism for early warnings and dissemination of proper information to the public.

2058. What is the eighth function of the DDMA?

To advise, assist and coordinate the activities of the departments of the government at the district level, statutory bodies and other governmental and non-governmental organisations in the district engaged in disaster management.

2059. What is the ninth function of the DDMA?

To identify buildings and places which could be used as relief centres or camps and make arrangements for water supply and sanitation.

2060. What is the tenth function of the DDMA?

To perform such other functions as the state government or SDMA may assign to it or as it deems necessary for disaster management in the District.

Chapter 69 Bar Council of India

2061. What is the nature of the Bar Council of India (BCI)?

The Bar Council of India (BCI) is a statutory (and not a constitutional) body.

2062. Under what legislation was the BCI established?

It was established under a legislation enacted by the Parliament, namely, the Advocates Act, 1961.

2063. When did the Government of India appoint an All India Bar Committee, and who was its chairman?

In 1951, the Government of India appointed an All India Bar Committee under the chairmanship of Justice S.R. Das of the Supreme Court.

2064. What was the mandate of the All India Bar Committee?

The mandate of the committee was to examine and report on the issue of re-organisation of the Bar and legal profession in the country.

The committee submitted its report in 1953, recommending the establishment of an All India Bar Council and State Bar Councils (SBCs) to regulate legal profession at national and state level.

2066. When did the Law Commission of India endorse the recommendation for the creation of BCI and SBCs?

In 1958, the Law Commission of India repeated and endorsed the recommendation.

2067. When was the Advocates Act passed, and what did it provide for?

Consequently, the Advocates Act, 1961, was passed by the Parliament to provide for, inter alia, the creation of the BCI and SBCs.

2068. What is the nature of the BCI in terms of autonomy?

The BCI is an autonomous body.

2069. Under whose administrative control does the BCI work?

It works under the Department of Legal Affairs of the Union Ministry of Law and Justice.

2070. What is the composition of the BCI?

The BCI consists of elected members and ex-officio members.

2071. How are the elected members of the BCI constituted?

One member elected by each SBC from amongst its members.

2072. Who are the ex-officio members of the BCI?

The Attorney-General of India and the Solicitor-General of India are the ex-officio members.

2073. Who heads the BCI, and how are they elected?

The BCI shall have a Chairman and a Vice-Chairman, who are elected by the Council from amongst its members.

2074. What is the term of office for the Chairman and Vice-Chairman of the BCI?

They hold office for a period of two years.

2075. What is the term of office for a member of the BCI elected by a SBC?

The term of office of a member of the BCI, elected by a SBC, shall be for the period for which he/she holds office as a member of that SBC.

2076. What are the committees that the BCI consists of?

The BCI consists of the following committees:

Disciplinary Committee (one or more).
Legal Aid Committee (one or more).
Executive Committee.
Legal Education Committee.
Other Committees (if necessary).

2077. What is the first function of the BCI?

To lay down standards of professional conduct and etiquette for advocates.

2078. What is the second function of the BCI?

To lay down the procedure to be followed by its disciplinary committee and the disciplinary committee of each SBC.

2079. What is the third function of the BCI?

To safeguard the rights, privileges, and interests of advocates.

2080. What is the fourth function of the BCI?

To promote and support law reform.

2081. What is the fifth function of the BCI?

To deal with and dispose of any matter which is referred to it by a SBC.

2082. What is the sixth function of the BCI?

To exercise general supervision and control over SBCs.

2083. What is the seventh function of the BCI?

To promote legal education and to lay down standards of legal education in consultation with the Universities in India imparting legal education and the SBCs.

2084. What is the eighth function of the BCI?

To recognise universities whose degree in law shall be a qualification for enrolment as an advocate and for that purpose to visit and inspect universities.

2085. What is the ninth function of the BCI?

To conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal interest.

2086. What is the tenth function of the BCI?

To organise legal aid to the poor people.

2087. What is the eleventh function of the BCI?

To recognise (on a reciprocal basis) foreign qualifications in law obtained outside India for admission as an advocate under this Act.

2088. What is the twelfth function of the BCI?

To manage and invest its funds.

2089. What is the thirteenth function of the BCI?

To provide for the election of its members.

2090. What is the fourteenth function of the BCI?

To perform all other functions conferred on it under this Act.

2091. What is the fifteenth function of the BCI?

To do all other things necessary for discharging the above functions.

2092. For what purposes may the BCI establish funds?

The BCI may establish funds for:

Giving financial assistance to organize welfare schemes for indigent, disabled or other advocates.
Giving legal aid or advice.
Establishing law libraries.

2093. Can the BCI receive grants, donations, gifts, and benefactions?

Yes, the BCI may also receive grants, donations, gifts, and benefactions for the above purposes.

2094. Can the BCI become a member of international legal bodies?

Yes, the BCI can become a member of international legal bodies such as the International Bar Association or the International Legal Aid Association.

2095. What does the Advocates Act, 1961, provide for regarding State Bar Councils (SBCs)?

The Advocates Act, 1961, provides for the establishment of a SBC for each state or a common SBC for two or more states or for a state and a union territory.

2096. How many SBCs are there currently?

At present, there are 24 SBCs.

2097. What is the composition of any State Bar Council?

Any State Bar Council consists of elected members as well as ex-officio members.

2098. What is the number of elected members in a SBC based on the electorate size?

For an electorate of:

Five thousand: 15 members.
Five to ten thousand: 20 members.
More than ten thousand: 25 members.

2099. How are the elected members of a SBC chosen?

They are elected in accordance with the system of proportional representation by means of the single transferable vote from amongst advocates on the electoral roll of the SBC.

2100. What is the experience requirement for elected members of a SBC?

One-half of such elected members shall be persons who have for ten years been advocates on a state roll.

2101. Who is the ex-officio member in a SBC?

The Advocate-General of the state is the ex-officio member.

2102. Who are the ex-officio members in a common SBC?

In a common SBC, the Advocate-General of each of the states is the ex-officio member.

2103. Who is the ex-officio member in the SBC of Delhi?

In the SBC of Delhi, the Additional Solicitor-General of India is the ex-officio member.

2104. Who heads each SBC, and how are they elected?

Each SBC shall have a Chairman and a Vice-Chairman, who are elected by the Council amongst its members.

2105. What is the term of office of an elected member of any SBC?

The term of office of an elected member of any SBC is five years.

2106. What happens if a SBC fails to provide for the election of its members before the expiry of their term?

If any SBC fails to provide for the election of its members before the expiry of said term, then the BCI may extend the said term for a period of six months.

2107. What are the committees that a State Bar Council consists of?

A State Bar Council consists of the following committees:

Disciplinary Committee (one or more).
Legal Aid Committee (one or more).
Executive Committee.
Enrolment Committee.
Other Committees (if necessary).

2108. What is the first function of a State Bar Council?

To admit persons as advocates on its roll.

2109. What is the second function of a State Bar Council?

To prepare and maintain such roll.

2110. What is the third function of a State Bar Council?

To entertain and determine cases of misconduct against advocates on its roll.

2111. What is the fourth function of a State Bar Council?

To safeguard the rights, privileges, and interests of advocates on its roll.

2112. What is the fifth function of a State Bar Council?

To promote the growth of Bar Associations for the purposes of effective implementation of welfare schemes for indigent, disabled or other advocates.

2113. What is the sixth function of a State Bar Council?

To promote and support law reform.

2114. What is the seventh function of a State Bar Council?

To conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal interest.

2115. What is the eighth function of a State Bar Council?

To organise legal aid to the poor.

2116. What is the ninth function of a State Bar Council?

To manage and invest its funds.

2117. What is the tenth function of a State Bar Council?

To provide for the election of its members.

2118. What is the eleventh function of a State Bar Council?

To visit and inspect universities in accordance with the directions issued by the BCI.

2119. What is the twelfth function of a State Bar Council?

To perform all other functions conferred on it under this Act.

2120. What is the thirteenth function of a State Bar Council?

To do all other things necessary for discharging the above functions.

2121. For what purposes may a SBC establish funds?

A SBC may establish funds for:

Giving financial assistance to organise welfare schemes for the indigent, disabled or other advocates.
Giving legal aid or advice.
Establishing law libraries.

2122. Can a SBC receive grants, donations, gifts, and benefactions?

Yes, a SBC may also receive grants, donations, gifts, and benefactions for the above purposes.

2123. What two categories of Advocates does the Advocates Act, 1961, provide for?

The Advocates Act, 1961, provides for Senior Advocates and other advocates.

2124. What is the process for designating an Advocate as a Senior Advocate?

The Supreme Court and the High Courts can designate an Advocate as a Senior Advocate if they are satisfied that the Advocate fulfills the qualifications prescribed under the Advocates Act, 1961, by virtue of ability, standing at the Bar, or special knowledge/experience in law.

2125. What are the three categories of Advocates who are entitled to practise law before the Supreme Court?

The three categories are: Senior Advocate, Advocate-on-Record, and Other Advocates.

2126. What is a ‘Senior Advocate’?

A ‘Senior Advocate’ means any advocate so designated under the Advocates Act, 1961, and all such advocates whose names were borne on the roll of the senior advocates of the Court immediately before the commencement of the Advocates Act, 1961.

2127. Who else is considered for designation as Senior Advocates in the Supreme Court?

Apart from the designation of Advocates as Senior Advocates, retired Chief Justices/Judges of the High Courts are also considered for designation as Senior Advocates in the Supreme Court.

2128. What is an ‘Advocate-on-Record’?

An ‘Advocate-on-Record’ means an advocate who is entitled under the Supreme Court Rules, 2013, to act as well as to plead for a party in the Supreme Court.

2129. Can any other Advocate file an appearance or act for a party in the Supreme Court?

No Advocate other than an Advocate-on-Record is entitled to file an appearance or act for a party in the Supreme Court.

2130. When did the Supreme Court introduce the ‘Advocate-on-Record’ examination?

In 1959, the Rules were amended, introducing the ‘Advocate-on-Record’ examination conducted by the Supreme Court.

2131. Who conducts the Advocate-on-Record Examination?

The Registry of the Supreme Court conducts Advocate-on-Record Examination periodically with approval of the Examination Committee and under the supervision of Secretary, Board of Examiners, appointed by the Chief Justice of India.

2132. What is the eligibility requirement to appear in the Advocate-on-Record examination?

No Advocate shall be eligible to appear in the examination unless he/she has received training from an Advocate-on-Record of not less than ten years standing for a continuous period of one year commencing from the end of the fourth year of date of his/her enrolment.

2133. What are Other Advocates?

These are Advocates whose names are entered on the roll of any State Bar Council maintained under the Advocates Act, 1961.

2134. Can Other Advocates appear, plead, or address the Court in the Supreme Court on behalf of a party?

They cannot appear, plead and address the Court in any matter on behalf of a party in the Supreme Court unless instructed by an Advocate-on-Record or permitted by the Court.

Chapter 70 Law Commission of India

2135. What is the nature of the Law Commission of India?

The Law Commission of India is a non-statutory advisory body.

2136. How is the Law Commission of India established?

It is established by the order of the Central Government from time to time for a fixed tenure.

2137. What is the function of the Law Commission of India?

Its function is to recommend legislative measures for the purpose of consolidation and codification of laws.

2138. Are the recommendations of the Law Commission of India binding on the government?

No, its recommendations are not binding on the government.

2139. How many Law Commissions were established during the British regime in the 19th century?

During the British regime, four Law Commissions were established in the 19th century.

2140. What were some of the legislations that were products of these four Commissions?

The Indian Penal Code, the Criminal Procedure Code, the Civil Procedure Code, the Indian Contract Act, the Indian Evidence Act, the Transfer of Property Act and some other laws are the products of these four Commissions.

2141. Who was the Chairman of the First Law Commission (1834)?

The Chairman of the First Law Commission was Lord Macaulay.

2142. Who was the Chairman of the Second Law Commission (1853)?

The Chairman of the Second Law Commission was Sir John Romilly.

2143. Who was the Chairman of the Third Law Commission (1861)?

The Chairman of the Third Law Commission was Sir John Romilly.

2144. Who was the Chairman of the Fourth Law Commission (1879)?

The Chairman of the Fourth Law Commission was Dr Whitney Stokes.

2145. When was the First Law Commission of independent India established?

The First Law Commission of independent India was established in 1955.

2146. What was the term of the First Law Commission of independent India, and who headed it?

The term of this Commission was three years, and it was headed by MC Setalvad, the then Attorney-General of India.

2147. Who was the Chairman of the First Law Commission (1955–1958)?

The Chairman of the First Law Commission was M C Setalvad, Former Attorney-General of India.

2148. Who was the Chairman of the Second Law Commission (1958–1961)?

The Chairman of the Second Law Commission was Justice T V Venkatarama Aiyar.

2149. Who was the Chairman of the Third Law Commission (1961–1964)?

The Chairman of the Third Law Commission was Justice J L Kapur.

2150. Who was the Chairman of the Fourth Law Commission (1964–1968)?

The Chairman of the Fourth Law Commission was Justice J L Kapur.

2151. Who was the Chairman of the Fifth Law Commission (1968–1971)?

The Chairman of the Fifth Law Commission was K.V.K. Sundaram, I.C.S.

2152. Who was the Chairman of the Sixth Law Commission (1971–1974)?

The Chairman of the Sixth Law Commission was Justice P B Gajendragadkar.

2153. Who was the Chairman of the Seventh Law Commission (1974–1977)?

The Chairman of the Seventh Law Commission was Justice P B Gajendragadkar.

2154. Who was the Chairman of the Eighth Law Commission (1977–1979)?

The Chairman of the Eighth Law Commission was Justice H R Khanna.

2155. Who was the Chairman of the Ninth Law Commission (1979–1980)?

The Chairman of the Ninth Law Commission was Justice P V Dixit.

2156. Who was the Chairman of the Tenth Law Commission (1981–1985)?

The Chairman of the Tenth Law Commission was Justice K K Mathew.

2157. Who was the Chairman of the Eleventh Law Commission (1985–1988)?

The Chairman of the Eleventh Law Commission was Justice D A Desai.

2158. Who was the Chairman of the Twelfth Law Commission (1988–1991)?

The Chairman of the Twelfth Law Commission was Justice M P Thakkar.

2159. Who was the Chairman of the Thirteenth Law Commission (1991–1994)?

The Chairman of the Thirteenth Law Commission was Justice K N Singh.

2160. Who was the Chairman of the Fourteenth Law Commission (1995–1997)?

The Chairman of the Fourteenth Law Commission was Justice K Jayachandra Reddy.

2161. Who was the Chairman of the Fifteenth Law Commission (1997–2000)?

The Chairman of the Fifteenth Law Commission was Justice B P Jeevan Reddy.

2162. Who was the Chairman of the Sixteenth Law Commission (2000–2003)?

The Chairman of the Sixteenth Law Commission was Justice B P Jeevan Reddy (2000–2001) and Justice M Jagannadha Rao (2002–2003).

2163. Who was the Chairman of the Seventeenth Law Commission (2003–2006)?

The Chairman of the Seventeenth Law Commission was Justice M Jagannadha Rao.

2164. Who was the Chairman of the Eighteenth Law Commission (2006–2009)?

The Chairman of the Eighteenth Law Commission was Justice A R Lakshmanan.

2165. Who was the Chairman of the Nineteenth Law Commission (2009–2012)?

The Chairman of the Nineteenth Law Commission was Justice P Venkatarama Reddy.

2166. Who was the Chairman of the Twentieth Law Commission (2012–2015)?

The Chairman of the Twentieth Law Commission was Justice D K Jain (2012–2013) and Justice A P Shah (2013–2015).

2167. Who was the Chairman of the Twenty-First Law Commission (2015–2018)?

The Chairman of the Twenty-First Law Commission was Justice B S Chauhan.

2168. Who is the Chairman of the Twenty-Second Law Commission (2020–2024)?

The Chairman of the Twenty-Second Law Commission is Justice Ritu Raj Awasthi.

2169. What is the term for Law Commissions constituted since 1955?

Since 1955, twenty-one more Law Commissions have been constituted, each with a three-year term.

2170. Is the composition of the Law Commission fixed?

No, the composition of the Commission is not fixed. It varies from one Commission to another.

2171. What is the general composition of the Law Commission?

Generally, it consists of a Chairman, some full-time members, a member-secretary, and some part-time members.

2172. What are the qualifications for the Chairman and full-time members of the Law Commission?

The Chairman and full-time members are either serving or retired judges of the Supreme Court or High Courts, or legal experts, jurists or professors of law in any university of India.

2173. What is the rank of the Member-Secretary of the Law Commission?

The Member-Secretary belongs to the Indian Legal Service and holds the rank of either Additional Secretary or Secretary to the Government of India.

2174. What are the qualifications for the part-time members of the Law Commission?

The part-time members are appointed from among the eminent members of the bar or eminent scholars in the academic field or persons having specialised knowledge in a particular branch of law.

2175. What is the composition of the Law Commission’s regular staff?

The Commission’s regular staff consists of about a dozen research personnel of different ranks and varied experiences. A small group of secretarial staff looks after the administration side of the Commission’s operations.

2176. What is the first function of the Law Commission?

To identify laws which are no longer needed or relevant and can be immediately repealed.

2177. What is the second function of the Law Commission?

To examine existing laws in light of Directive Principles of State Policy and suggest improvements/reforms, and necessary legislations to implement DPSP and attain Preamble objectives.

2178. What is the third function of the Law Commission?

To consider and convey to the Government its views on any subject relating to law and judicial administration specifically referred to it by the Government.

2179. What is the fourth function of the Law Commission?

To consider requests for providing research to any foreign countries as may be referred to it by the Government.

2180. What is the fifth function of the Law Commission?

To take all such measures as may be necessary to harness law and the legal process in the service of the poor.

2181. What is the sixth function of the Law Commission?

To revise Central Acts of general importance to simplify them and remove anomalies, ambiguities and inequities.

2182. What is the first stage of the Law Commission’s working?

The projects undertaken by the Commission are initiated in its meetings.

2183. What is the second stage of the Law Commission’s working?

Priorities are discussed, topics are identified and preparatory work is assigned to the members.

2184. What is the third stage of the Law Commission’s working?

Different methodologies for collection of data and research are adopted.

2185. What is the fourth stage of the Law Commission’s working?

A working paper, outlining the problem and suggesting matters deserving reform, emerges as the outcome.

2186. What is the fifth stage of the Law Commission’s working?

This paper is sent out for circulation in the public and concerned interest groups to elicit reactions and suggestions.

2187. What is the sixth stage of the Law Commission’s working?

Responses are evaluated and the information is organised for proper incorporation in the report.

2188. What is the seventh stage of the Law Commission’s working?

The report is subjected to close scrutiny by the full Commission in prolonged meetings for its finalisation.

2189. What is the eighth stage of the Law Commission’s working?

The final report is forwarded to the Government (Ministry of Law and Justice).

2190. What happens to the Law Commission’s reports after they are forwarded to the Government?

The reports of the Commission are considered by the Ministry of Law and Justice in consultation with the concerned administrative ministries and are submitted to Parliament from time to time.

2191. How many reports has the Law Commission submitted till now?

Till now, the Commission submitted 277 reports on different subjects.

2192. What is the first point highlighting the role of the Law Commission?

The Government gets the benefit of recommendations from a specialised body on different aspects of law.

2193. What is the second point highlighting the role of the Law Commission?

The Commission, on a reference made to it by the Central Government or suo-motu, undertakes research in law and reviews existing laws for reforms and new legislations.

2194. What is the third point highlighting the role of the Law Commission?

The Commission undertakes studies and research for bringing reforms in the justice delivery systems for elimination of delay, speedy disposal of cases, and reduction in litigation cost.

2195. What is the fourth point highlighting the role of the Law Commission?

The various Commissions have been able to make an important contribution towards the progressive development and codification of Law of the country.

2196. What was the subject of Report No. 263 (2016) by the 21st Law Commission?

The subject of Report No. 263 was The Protection of Children (Inter-Country Removal and Retention) Bill, 2016.

2197. What was the subject of Report No. 264 (2017) by the 21st Law Commission?

The subject of Report No. 264 was The Criminal Law (Amendment) Bill, 2017 (Provisions dealing with Food Adulteration).

2198. What was the subject of Report No. 265 (2017) by the 21st Law Commission?

The subject of Report No. 265 was Prospects of Exempting Income Arising out of Maintenance Money of Minor.

2199. What was the subject of Report No. 266 (2017) by the 21st Law Commission?

The subject of Report No. 266 was The Advocates Act, 1961 (Regulation of Legal Profession).

2200. What was the subject of Report No. 267 (2017) by the 21st Law Commission?

The subject of Report No. 267 was The Hate Speech.

2201. What was the subject of Report No. 268 (2017) by the 21st Law Commission?

The subject of Report No. 268 was Amendments to Criminal Procedure Code, 1973- Provisions Relating to Bail.

2202. What was the subject of Report No. 269 (2017) by the 21st Law Commission?

The subject of Report No. 269 was Transportation and House Keeping of Egg Laying Hens (Layers) and Broiler Chickens.

2203. What was the subject of Report No. 270 (2017) by the 21st Law Commission?

The subject of Report No. 270 was Compulsory Registration of Marriages.

2204. What was the subject of Report No. 271 (2017) by the 21st Law Commission?

The subject of Report No. 271 was Human DNA Profiling – A Draft Bill for the Use and Regulation of DNA Based Technology.

2205. What was the subject of Report No. 272 (2017) by the 21st Law Commission?

The subject of Report No. 272 was Assessment of Statutory Framework of Tribunals in India.

2206. What was the subject of Report No. 273 (2017) by the 21st Law Commission?

The subject of Report No. 273 was Implementation of ‘United Nations Convention Against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment’ Through Legislation.

2207. What was the subject of Report No. 274 (2018) by the 21st Law Commission?

The subject of Report No. 274 was Review of the Contempt of Courts Act, 1971.

2208. What was the subject of Report No. 275 (2018) by the 21st Law Commission?

The subject of Report No. 275 was Legal Framework: BCCI vis-a-vis Right to Information Act, 2005.

2209. What was the subject of Report No. 276 (2018) by the 21st Law Commission?

The subject of Report No. 276 was Legal Framework: Gambling and Sports Betting Including in Cricket in India.

2210. What was the subject of Report No. 277 (2018) by the 21st Law Commission?

The subject of Report No. 277 was Wrongful Prosecution (Miscarriage of Justice): Legal Remedies.

Chapter 71 Delimitation Commission of India

2211. What does the word ‘delimitation’ literally mean?

The word ‘delimitation’ literally means the act or process of fixing limits or boundaries of territorial constituencies in a country or Province having a legislative body.

2212. What body is assigned the job of delimitation?

The job of delimitation is assigned to a high-powered body known as Delimitation Commission or a Boundary Commission.

2213. What are the two pillars of Indian parliamentary democracy?

Periodic delimitation and elections constitute the pillars of the Indian parliamentary democracy.

2214. What is the importance of delimitation for free and fair elections?

Delimitation ensures fair elections by adjusting constituency boundaries to reflect changing ground realities, thereby upholding the principle of one man, one vote.

2215. What is the ideal principle of one man, one vote in a representative democracy?

The principle of one man, one vote envisages that there should be parity in the value of votes of electors.

2216. Is the Delimitation Commission of India a statutory or constitutional body?

The Delimitation Commission of India is a statutory (and not a constitutional) body.

2217. How is the Delimitation Commission of India established?

It is established by the Central Government under the provisions of a law enacted by the Parliament.

2218. What is the function of the Delimitation Commission of India?

Its function is to demarcate the boundaries of the Parliamentary and Assembly Constituencies in the country.

2219. What is the legal force of the Delimitation Commission’s orders?

The Commission is a powerful body. Its orders have the force of law and cannot be challenged in any court.

2220. When do the Delimitation Commission’s orders come into force?

The orders come into force on a date specified by the President of India.

2221. What happens after the Delimitation Commission’s orders come into force regarding Parliament and State Legislative Assembly?

They are laid before the Lok Sabha and the State Legislative Assembly concerned, but modifications are not permissible therein by them.

2222. How many Delimitation Commissions have been constituted so far?

So far, four such Commissions have been constituted.

2223. When was the First Delimitation Commission established, and under which Act?

The First Delimitation Commission was established in 1952 under The Delimitation Commission Act, 1952.

2224. When was the Second Delimitation Commission established, and under which Act?

The Second Delimitation Commission was established in 1963 under The Delimitation Commission Act, 1962.

2225. When was the Third Delimitation Commission established, and under which Act?

The Third Delimitation Commission was established in 1973 under The Delimitation Act, 1972.

2226. When was the Fourth Delimitation Commission established, and under which Act?

The Fourth Delimitation Commission was established in 2002 under The Delimitation Act, 2002.

2227. Which Articles of the Constitution deal with the delimitation of Parliamentary and Assembly Constituencies?

Articles 81, 82, 170, 330 and 332 of the Constitution of India deal with the delimitation of the Parliamentary and Assembly Constituencies.

2228. Which Constitutional Amendment Acts amended these Articles, and when?

These Articles were amended by the 84th Constitutional Amendment Act of 2001 and the 87th Constitutional Amendment Act of 2003.

2229. What is the cumulative effect of these two amendments regarding the total number of existing seats in the Lok Sabha?

The total number of existing seats as allocated to various states in the Lok Sabha on the basis of 1971 census shall remain unaltered till the first census to be taken after the year 2026.

2230. What is the cumulative effect of these two amendments regarding the total number of existing seats in the Legislative Assemblies of all states?

The total number of existing seats in the Legislative Assemblies of all states as fixed on the basis of 1971 census shall also remain unaltered till the first census to be taken after the year 2026.

2231. What is the cumulative effect of these two amendments regarding the number of seats to be reserved for SCs and STs?

The number of seats to be reserved for the Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies shall be re-worked out on the basis of 2001 census.

2232. What is the cumulative effect of these two amendments regarding the redelimitation of each state?

Each state shall be redelimited into territorial parliamentary and assembly constituencies on the basis of 2001 census, and the extent of such constituencies as delimited now shall remain frozen till the first census to be taken after the year 2026.

2233. What is the cumulative effect of these two amendments regarding the population of constituencies?

The constituencies shall be so re-delimited that population (on the basis of 2001 census) of each parliamentary and assembly constituency in a state shall, so far as practicable, be the same throughout the state.

2234. What Act did Parliament enact in pursuance of the constitutional provisions for delimitation?

In pursuance of the above mentioned provisions of the Constitution, the Parliament enacted the Delimitation Act, 2002.

2235. What was the task of the Delimitation Commission of 2002?

The Commission’s task was to readjust the Parliamentary and Assembly constituencies in all the states of India (except the erstwhile state of Jammu and Kashmir) on the basis of **2001 census.

2236. What was the composition of the Fourth Delimitation Commission of 2002?

The Fourth Delimitation Commission of 2002 was a three-member body. It consisted of:

The Chairperson who was to be either a serving or a retired judge of the Supreme Court.
The Chief Election Commissioner or an Election Commissioner nominated by the Chief Election Commissioner as an ex-officio member.
The State Election Commissioner of concerned State or Union Territory as the other ex-officio member.

2237. How many associate members did the Commission have in respect of each state?

Additionally, the Commission had ten associate members in respect of each state.

2238. What was the composition of these associate members?

Out of them, five were members of the Lok Sabha elected from that state and another five were members of the State Legislative Assembly.

2239. What was the rule for associate members if the number of Lok Sabha members in a state was less than five?

Where the number of members of the Lok Sabha in a state was less than five, all such members were the associate members for that state.

2240. Who nominated these associated members?

These associated members were nominated by the Speakers of the Lok Sabha and State Legislative Assemblies concerned.

2241. Did these associated members have the right to vote or to sign any order of the Commission?

No, these associated members did not have the right to vote or to sign any order of the Commission.

2242. Who was appointed as the Chairperson of the Commission?

Justice Kuldip Singh, a retired judge of the Supreme Court, was appointed as the Chairperson of the Commission.

2243. When did the Commission submit its recommendations to the Government?

The Commission submitted its recommendations to the Government in 2007.

2244. When did the President of India sign the notification for implementing the recommendations of the Commission?

The President of India signed the notification for implementing the recommendations of the Commission in 2008.

2245. Which states are the recommendations of the Commission not applicable to?

The recommendations of the Commission are not applicable to five states, i.e. Assam, Arunachal Pradesh, Manipur, Nagaland and Jharkhand.

2246. What did the Government of India do regarding the delimitation exercise in the four north-eastern states and Jharkhand?

The Government of India deferred the delimitation exercise in the four north-eastern states and nullified the final order of the Commission for the state of Jharkhand.

2247. On what basis were the 2009 General Elections to the Lok Sabha held for most parliamentary constituencies?

The 2009 General Elections to the Lok Sabha for 499 out of 543 Parliamentary constituencies were held on the basis of the newly delimited constituencies.

2248. When did the Government of India set up a Delimitation Commission (2020) for certain states and UTs?

Subsequently, in March 2020, the Government of India set-up a Delimitation Commission for the purpose of delimitation of Parliamentary and Assembly constituencies in four north-eastern states and the Union Territory of Jammu and Kashmir (UT of J&K).

2249. What was the composition of the Delimitation Commission (2020)?

This Commission consisted of the following members:

Justice Ranjana Prakash Desai, a retired judge of the Supreme Court, as the Chairperson.
Sushil Chandra, Election Commissioner, as the ex-officio member.
The State Election Commissioner of the concerned State or UT, as the other ex-officio member.

2250. What was the term of appointment for Justice Ranjana Prakash Desai as Chairperson?

The appointment of Justice Ranjana Prakash Desai was for a period of one year or till further orders, whichever was earlier.

2251. What was the assigned task of the Commission?

The Commission was assigned the task:

To delimit the constituencies in the above four north-eastern states in accordance with the provisions of the Delimitation Act, 2002.
To delimit the constituencies in the UT of J&K in accordance with the provisions of the J&K Reorganisation Act, 2019 and the Delimitation Act, 2002.

2252. When did the Government of India remove the four north-eastern states from the Commission’s purview?

In March 2021, the Government of India removed the above four north-eastern states from the Commission’s purview.

2253. What happened to the term of the Commission regarding its delimitation work in the UT of J&K?

The term of the Commission was extended by one year (till March 2022), and again by two months (till May 2022).

2254. How many members of Lok Sabha were associated with the Commission’s work from the UT of J&K?

The Commission also associated in its work, five members of Lok Sabha elected from the UT of J&K.

2255. Did these associated members have voting rights?

No, they had no voting rights.

2256. When did the Commission complete its task and submit its report?

The Commission completed its task in May 2022. The report is entitled “Delimited Landscape of Union Territory of Jammu & Kashmir”.

2257. How has the delimitation exercise in J&K been different from other parts of the country in the past?

Delimitation exercise in J&K in the past has been different because of the region’s special status, which was withdrawn by the J&K Reorganisation Act, 2019.

2258. How was the delimitation of Lok Sabha seats in J&K governed until the J&K Reorganisation Act, 2019?

Until then, delimitation of Lok Sabha seats in J&K was governed by the Constitution of India.

2259. How was the delimitation of State Legislative Assembly seats in J&K governed until the J&K Reorganisation Act, 2019?

The delimitation of State Legislative Assembly seats was governed by the Constitution of J&K and the J&K Representation of People Act, 1957.

2260. When were the Assembly seats in J&K last delimited, and on what census basis?

The Assembly seats in J&K were delimited in 1957, 1966, 1975 and 1995. The last exercise was conducted on the basis of 1981 census.

2261. Why was there no delimitation commission set up by the State Government after 2001 in J&K?

The State Assembly passed a law putting a freeze on fresh delimitation of seats until the relevant figures for the first census taken after the year 2026 have been published.

2262. How many seats did the J&K Assembly have at that time, and how many were reserved for Pakistan occupied J&K?

The J&K Assembly at that time had 111 seats, which included 4 seats in Ladakh. Also, 24 seats were kept reserved for Pakistan occupied J&K.

2263. What did the J&K Reorganisation Act, 2019, provide for regarding the Legislative Assembly of the UT of J&K?

The Act provided for the creation of a Legislative Assembly for the UT of J&K and fixed the total number of seats to be filled by direct elections as 114.

2264. What is the provision for nomination of women members to the Assembly of UT of J&K?

There is a beneficent provision for nomination of 2 women members to the Assembly by the Lieutenant Governor, if women are not adequately represented.

2265. What is the provision for seats in the Assembly of UT of J&K under occupation of Pakistan?

For the area of the UT of J&K under occupation of Pakistan, 24 seats in the Assembly shall remain vacant, and the said area and seats shall be excluded in delimiting the territorial constituencies.

2266. What was the increase in seats in the Legislative Assembly of the UT of J&K?

There is an increase of 7 seats in the Legislative Assembly of the UT of J&K.

2267. On what basis did the present Delimitation Commission delimit the Parliamentary and Assembly Constituencies in the UT of J&K?

The present Delimitation Commission delimited constituencies based on the 2011 census and in accordance with the provisions of the J&K Reorganisation Act, 2019 and the Delimitation Act, 2002.

2268. Why had the nature of constituencies become malapportioned in J&K before the present delimitation?

Because the last delimitation was based on the 1981 census, and the 2011 census population had increased more than 100% over the 1981 census population of J&K.

2269. On what basis were the seats reserved for SCs and STs in the Legislative Assembly of the UT of J&K worked out?

The number of seats to be reserved for the SCs and the STs in the Legislative Assembly of the UT of J&K has been worked out on the basis of 2011 census.

2270. Did the Constitution of the erstwhile State of J&K provide for reservation of seats for STs in the Legislative Assembly?

No, the Constitution of the erstwhile State of J&K did not provide for reservation of seats for the STs in the Legislative Assembly.

2271. When did the Commission make the final order in respect of the delimitation of Parliamentary and Assembly constituencies in the UT of J&K?

In May 2022, the Commission made the final order.

2272. How did the Commission treat J&K for the purpose of delimitation?

The Commission has treated the J&K as a single entity for the purpose of delimitation.

2273. What is the outcome regarding the number of Assembly Constituencies per Parliamentary constituency in J&K?

Consequently, all 5 Parliamentary constituencies now have an equal number of 18 Assembly Constituencies.

2274. What new Parliamentary Constituency was carved out by combining areas from Kashmir and Jammu regions?

Anantnag – Rajouri Parliamentary Constituency has been carved out by combining Anantnag area of the Kashmir region and Rajouri & Poonch area of the Jammu region.

2275. Out of the total 90 Assembly constituencies in J&K, how many are for the Jammu region and Kashmir region respectively?

Out of the total 90 Assembly constituencies in the J&K, 43 are for the Jammu region and 47 are for the Kashmir region.

2276. How many new Assembly constituencies were created for the Jammu region and Kashmir region respectively?

6 new Assembly constituencies were created for the Jammu region and 1 new Assembly constituency for the Kashmir region.

2277. How many Assembly constituencies were reserved for STs in J&K, and how many in each region?

9 Assembly constituencies were reserved for the STs. Out of these, 6 are in the Jammu region and 3 are in the Kashmir region.

2278. How many Assembly constituencies were reserved for SCs in J&K?

7 Assembly constituencies were reserved for the SCs.

2279. What is an example of a changed name for an Assembly constituency?

One Assembly constituency is named as Shri Mata Vaishno Devi.

2280. What was one of the recommendations of the Commission regarding Kashmiri Migrants?

Provision of at least two members (one of them must be a female) from the community of Kashmiri migrants in the J&K Assembly. Such members may be given power at par with the power of nominated members of the Assembly of UT of Puducherry.

2281. What was one of the recommendations of the Commission regarding Displaced Persons from PoJ&K?

The Central Government may consider giving the displaced persons from PoJ&K some representation in the J&K Assembly by way of nomination of representatives.

2282. Which Ministry does the Central Information Commission fall under?

The Central Information Commission falls under the Ministry of Personnel.

2283. Which Ministry does the Finance Commission fall under?

The Finance Commission falls under the Ministry of Finance.

2284. Which Ministry does the Union Public Service Commission fall under?

The Union Public Service Commission falls under the Ministry of Personnel.

2285. Which Ministry does the Inter-State Council fall under?

The Inter-State Council falls under the Ministry of Home Affairs.

2286. Which Ministry does the Staff Selection Commission fall under?

The Staff Selection Commission falls under the Ministry of Personnel.

2287. Which Ministry does the National Commission for SCs fall under?

The National Commission for SCs falls under the Ministry of Social Justice & Empowerment.

2288. Which Ministry does the National Commission for STs fall under?

The National Commission for STs falls under the Ministry of Tribal Affairs.

2289. Which Ministry does the Central Vigilance Commission fall under?

The Central Vigilance Commission falls under the Ministry of Personnel.

2290. Which Ministry do Zonal Councils fall under?

Zonal Councils fall under the Ministry of Home Affairs.

2291. Which Ministry does the Central Bureau of Investigation fall under?

The Central Bureau of Investigation falls under the Ministry of Personnel.

2292. Which Ministry does the National Investigation Agency fall under?

The National Investigation Agency falls under the Ministry of Home Affairs.

2293. Which Ministry does the Commissioner for Linguistic Minorities fall under?

The Commissioner for Linguistic Minorities falls under the Ministry of Minority Affairs.

2294. Which Ministry does the National Commission for Protection of Child Rights fall under?

The National Commission for Protection of Child Rights falls under the Ministry of Women and Child Development.

2295. Which Ministry does the National Commission for Backward Classes fall under?

The National Commission for Backward Classes falls under the Ministry of Social Justice & Empowerment.

2296. Which Ministry does the Chief Commissioner for Disabled Persons fall under?

The Chief Commissioner for Disabled Persons falls under the Ministry of Social Justice & Empowerment.

The Central Social Welfare Board falls under the Ministry of Women and Child Development.

2298. Which Ministry does the North Eastern Council fall under?

The North Eastern Council falls under the Ministry of Development of the North Eastern Region.

2299. Which Ministry does the Central Administrative Tribunal fall under?

The Central Administrative Tribunal falls under the Ministry of Personnel.

2300. Which Ministry does the National Commission for Minorities fall under?

The National Commission for Minorities falls under the Ministry of Minority Affairs.

2301. Which Ministry does the National Human Rights Commission fall under?

The National Human Rights Commission falls under the Ministry of Home Affairs.

2302. Which Ministry does the National Commission for Women fall under?

The National Commission for Women falls under the Ministry of Women and Child Development.

2303. Which Ministry does the Good and Services Tax Council fall under?

The Good and Services Tax Council falls under the Ministry of Finance.

2304. Which Ministry does the Lokpal fall under?

The Lokpal falls under the Ministry of Personnel.

2305. Which Ministry does the National Disaster Management Authority fall under?

The National Disaster Management Authority falls under the Ministry of Home Affairs.

2306. Which Ministry does the Attorney General of India fall under?

The Attorney General of India falls under the Ministry of Law and Justice.

2307. Which Ministry does the Solicitor General of India fall under?

The Solicitor General of India falls under the Ministry of Law and Justice.

2308. Which Ministry does the Law Commission of India fall under?

The Law Commission of India falls under the Ministry of Law and Justice.

2309. Which Ministry does the Election Commission of India fall under?

The Election Commission of India falls under the Ministry of Law and Justice.

2310. Which Ministry does the Delimitation Commission of India fall under?

The Delimitation Commission of India falls under the Ministry of Law and Justice.

2311. Which Ministry does the National Consumer Disputes Redressal Commission fall under?

The National Consumer Disputes Redressal Commission falls under the Ministry of Consumer Affairs.

2312. Which Ministry does the Bar Council of India fall under?

The Bar Council of India falls under the Ministry of Law and Justice.

2313. Which Ministry does the NITI Aayog fall under?

The NITI Aayog falls under the Ministry of Planning.

2314. Which Ministry does the Comptroller and Auditor General of India fall under?

The Comptroller and Auditor General of India falls under the Ministry of Finance.

Chapter 72 North Eastern Council

2315. What is the nature of the North Eastern Council (NEC)?

The North Eastern Council is a statutory (and not a constitutional) advisory body.

2316. When was the NEC established, and through what means?

It was established in the year 1972 through an Act of Parliament, namely the North Eastern Council Act, 1971.

2317. What is the composition of the NEC in terms of member states?

The Council consists of eight mem-ber states of the North Eastern Region.

2318. What are the eight member states of the North Eastern Region?

The eight member states are: Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, and Tripura.

2319. When did Sikkim become the eighth member state of the Council?

In 2002, Sikkim became the eighth member state of the Council.

2320. Where is the Secretariat (Headquarters) of the NEC located?

The Secretariat (Headquarters) of the Council is located in Shillong, Meghalaya.

2321. What was the purpose for setting up the NEC?

The Council was set-up for securing bal-anced development of the North Eastern Region, for effecting better inter-state co-ordination, and for maintaining security and public order in the region.

2322. What change was made to the NEC’s mandate by the 2002 Amendment?

By virtue of the 2002 Amendment, the Council has been made the Regional Planning Body for the north eastern region.

2323. Under whose administrative control does the NEC operate?

The Council operates under the admin-istrative control of the Union Ministry of Development of the North Eastern Region (DONER).

2324. What is the composition of the NEC?

The Council consists of the following members:

The Governors of the eight member states.
The Chief Ministers of the eight mem-ber states (or one nominated person if no Council of Ministers).
Three members nominated by the President of India.
A Union Minister nominated by the President of India (if deemed necessary).
A Chairman nominated by the President of India.
A Vice Chairman nominated by the President of India (if deemed necessary).

2325. Who are the ex-officio Chairman and Vice-Chairman of the NEC since July 2018?

Since July 2018, the Union Home Minister is the ex-officio Chairman and the Minister (In-charge), Ministry of DONER is the ex-officio Vice-Chairman of the Council.

2326. What is the first function of the NEC?

The Council shall function as a regional planning body for the north-eastern area.

2327. What priority does the NEC give when formulating regional plans for the north-eastern area?

While formulating the regional plans, the Coun-cil shall give priority to schemes and projects which will benefit two or more states.

2328. What is the NEC’s function regarding Sikkim when formulating regional plans?

In case of Sikkim, the Council shall formulate specific projects and schemes for that state, including the review of implementation.

2329. What is the third function of the NEC?

The Council shall review, from time to time, the implementation of the projects and schemes included in the re-gional plan and recommend measures for effecting coordination among the Governments of the states concerned.

The Council shall recommend the manner in which:

Such project or scheme may be executed or implemented and managed or maintained.
The benefits therefrom may be shared.
The expenditure thereon may be incurred.

2331. What is the fifth function of the NEC?

The Council shall review, from time to time, the measures taken by the member states for the maintenance of security and public order in the region and recommend further necessary measures.

2332. What is the sixth function of the NEC?

The Council shall have such power as may be delegated to it by the Central Government.

2333. When did the Ministry of DONER constitute the North Eastern Council Revitalisation Committee?

In 2003, the Ministry of DONER constituted the North Eastern Council Revitalisation Committee as a follow-up to the 2002 Amendment.

2334. What was the purpose of the North Eastern Council Revitalisation Committee?

To suggest measures to operation-alise the revised mandate of the North Eastern Council (NEC) as a Regional Planning Body and to revitalise it.

2335. When did the Committee submit its report to the Government?

The Committee submitted its report to the Government in 2004.

2336. What matters did the recommendations of the Committee relate to?

The recommendations related to:

Composition of the NEC.
Strengthening/restructuring of organi-sational set up of the NEC Secretariat.
Setting up of sectoral empowered.com-mittees.
Measures for regional planning for sustainable growth and development.
Financing of the regional plan from Gross Budgetary Support in place of the Non-Lapsable Central Pool of Resources.
Measures for implementation of the regional plan.
Monitoring and evaluation of develop-ment projects.
Role of NEC in border trade.
Operationalising NEC’s mandate relat-ing to security and public order.

Chapter 73 Co-operative Societies

1. What was the 97th Constitutional Amendment Act of 2011 primarily about, and what three changes did it introduce to the Constitution?

The 97th Constitutional Amendment Act of 2011 granted constitutional status and protection to co-operative societies. It introduced three changes:

Made the right to form co-operative societies a fundamental right (Article 19(1)(c)).
Included a new Directive Principle of State Policy on the promotion of co-operative societies (Article 43-B).
Added a new Part IX-B to the Constitution, titled “The Co-operative Societies” (Articles 243-ZH to 243-ZT).

2. What are the principles guiding the incorporation, regulation, and winding-up of co-operative societies as per the state legislature’s provisions?

The state legislature may make provisions for the incorporation, regulation, and winding-up of co-operative societies based on the principles of voluntary formation, democratic member-control, member-economic participation, and autonomous functioning.

3. What is the maximum number of directors allowed on the board of a co-operative society?

The maximum number of directors of a co-operative society shall not exceed twenty-one.

4. What reservations are mandated for Scheduled Castes, Scheduled Tribes, and women on the board of co-operative societies?

The state legislature shall provide for the reservation of one seat for the Scheduled Castes or Scheduled Tribes and two seats for women on the board of every co-operative society with members from such categories.

5. What is the term of office for elected members of the board and its office bearers in a co-operative society?

The term of office for elected members of the board and its office bearers shall be five years from the date of election.

6. What provisions are made for co-option of persons with specialized experience to the board of a co-operative society, and what are their voting rights?

The state legislature shall make provisions for co-option of up to two persons with experience in banking, management, finance, or other related fields, in addition to the twenty-one directors. However, these co-opted members shall not have the right to vote in any election or be eligible to be elected as office bearers.

7. How are functional directors of a co-operative society treated in relation to the total number of directors?

Functional directors are also members of the board and are excluded when counting the total number of directors (twenty-one).

8. What is the timeline for conducting elections for the board of a co-operative society?

The election of a board must be conducted before the expiry of the term of the existing board to ensure newly elected members assume office immediately.

9. Where does the superintendence, direction, and control of electoral rolls and elections for co-operative societies vest?

The superintendence, direction, and control of the preparation of electoral rolls and the conduct of elections to a co-operative society shall vest in such body as provided by the state legislature.

10. What is the maximum period for which a board of a co-operative society can be superseded or kept under suspension?

No board shall be superseded or kept under suspension for a period exceeding six months.

11. Under what conditions can a co-operative society’s board be superseded or suspended?

A board may be superseded or suspended in cases of:

Persistent default.
Negligence in the performance of duties.
Committing any act prejudicial to the interests of the society or its members.
A stalemate in the constitution or functions of the board.
The election body failing to conduct elections according to the State Act.

12. What is the exception to the rule of supersession or suspension of a co-operative society board?

A board shall not be superseded or kept under suspension if there is no Government shareholding or loan or financial assistance or any guarantee by the Government.

13. What happens after a board is superseded, regarding the conduct of elections?

In case of supersession, the appointed administrator must arrange for elections within six months and hand over management to the elected board.

14. What provisions can the state legislature make regarding the audit of accounts of co-operative societies?

The state legislature may make provisions for the maintenance and auditing of accounts at least once in each financial year, and shall lay down minimum qualifications for auditors and auditing firms.

15. Who is responsible for appointing the auditor or auditing firm for a co-operative society’s accounts?

Every co-operative society shall be audited by an auditor or auditing firm appointed by the general body of the co-operative society, from a panel approved by the State Government or an authorized body.

16. What is the timeline for auditing the accounts of co-operative societies?

The accounts of every co-operative society must be audited within six months of the close of the financial year.

17. What is required for the audit report of an apex co-operative society?

The audit report of the accounts of an apex co-operative society shall be laid before the state legislature.

18. What is the timeline for convening annual general body meetings of co-operative societies?

The state legislature may provide that the annual general body meeting of every co-operative society shall be convened within six months of the close of the financial year.

19. What rights does the state legislature provide to members of a co-operative society regarding information and participation?

The state legislature may provide for access to books, information, and accounts to every member, and make provisions to ensure member participation in management, as well as for co-operative education and training.

20. What information must every co-operative society file in its returns to the designated State Government authority?

Every co-operative society must file returns within six months of the close of every financial year, including:

Annual report of its activities.
Audited statement of accounts.
Plan for surplus disposal approved by the general body.
List of amendments to by-laws.
Declaration regarding the date of holding general body meeting and conduct of elections.

21. What acts are considered offences under laws made by the state legislature regarding co-operative societies?

A state law on co-operative societies shall include the following acts as offences:

Willfully making a false return or furnishing false information.
Willfully disobeying any summon, requisition, or order.
Employer failing to pay deducted amounts to a co-operative society within fourteen days.
Officer willfully failing to handover custody of books, accounts, documents, records, cash, security, and other property.
Any person adopting corrupt practices before, during, or after elections.

22. How do the provisions of Part IX-B apply to multi-state co-operative societies?

For multi-state co-operative societies, any reference to “State Legislature,” “State Act,” or “State Government” in Part IX-B shall be construed as a reference to “Parliament,” “Central Act,” or “Central Government” respectively.

23. How do the provisions of Part IX-B apply to Union Territories?

The provisions of Part IX-B apply to Union Territories, but the President may direct that they do not apply to any Union Territory or part thereof as specified in a notification.

24. What happens to existing laws relating to co-operative societies that are inconsistent with Part IX-B?

Any inconsistent provision of existing law shall continue in force until amended, repealed, or until the expiration of one year from the commencement of the Constitution (Ninety-seventh Amendment) Act, 2011, whichever is less.

25. What was the primary reason for the 97th Amendment Act of 2011 regarding co-operative societies?

The primary reason was the weakness in safeguarding members’ interests and fulfilling the objectives of co-operative institutions, including indefinite postponement of elections and long tenures for nominated office bearers, which reduced accountability. The amendment aimed to revitalize these institutions and ensure their autonomy, democratic functioning, and professional management.

26. What is the constitutional status of “co-operative societies” in the Seventh Schedule?

“Co-operative societies” is a subject enumerated in Entry 32 of the state list of the Seventh Schedule of the Constitution.

27. What was the Central Government’s commitment regarding the functioning of co-operative societies when introducing the 97th Amendment?

The Central Government was committed to ensuring that co-operative societies function in a democratic, professional, autonomous, and economically sound manner, by incorporating provisions to cover vital aspects of their working.

28. What was the Gujarat High Court’s ruling in the Rajendra Shah case (2013) regarding the 97th Constitutional Amendment Act (2011)?

In the Rajendra Shah case (2013), the Gujarat High Court declared that Part IX-B of the 97th Constitutional Amendment Act (2011) was ultra vires the Constitution for lacking requisite ratification by the states under Article 368.

29. Did the Gujarat High Court’s ruling in the Rajendra Shah case (2013) affect the amendments made to Article 19(1)(c) and Article 43-B by the 97th Amendment?

No, the court held that its judgment would not impact the amendment made in Article 19(1)(c) (fundamental right to form co-operative societies) and the insertion of Article 43-B (directive principle on promotion of co-operative societies).

30. What was the Supreme Court’s final decision in the Union of India vs. Rajendra N. Shah (2021) case regarding the 97th Amendment Act (2011)?

The Supreme Court upheld the Gujarat High Court’s judgment, except for striking down the entirety of Part IX-B. It declared that Part IX-B is operative only for multi-state co-operative societies within various states and Union Territories.

Article 243ZH deals with definitions.

32. Which Article in Part IX-B of the Constitution pertains to the incorporation of co-operative societies?

Article 243ZI pertains to the incorporation of Co-operative Societies.

33. Which Article in Part IX-B of the Constitution specifies the number and term of members of the board and its office bearers?

Article 243ZJ specifies the number and term of members of Board and its Office Bearers.

34. Which Article in Part IX-B of the Constitution covers the election of members of the board?

Article 243ZK covers the election of Members of Board.

35. Which Article in Part IX-B of the Constitution addresses the supersession and suspension of the board and interim management?

Article 243ZL addresses supersession and Suspension of Board and Interim Management.

36. Which Article in Part IX-B of the Constitution deals with the audit of accounts of co-operative societies?

Article 243ZM deals with the Audit of Accounts of Co-operative Societies.

37. Which Article in Part IX-B of the Constitution concerns the convening of general body meetings?

Article 243ZN concerns the Convening of General Body Meetings.

38. Which Article in Part IX-B of the Constitution grants the right of a member to get information?

Article 243ZO grants the Right of a Member to Get Information.

39. Which Article in Part IX-B of the Constitution deals with the filing of returns by co-operative societies?

Article 243ZP deals with Returns.

Article 243ZQ specifies Offences and Penalties.

41. Which Article in Part IX-B of the Constitution addresses the application of its provisions to multi-state co-operative societies?

Article 243ZR addresses Application to Multi-state Co-operative Societies.

42. Which Article in Part IX-B of the Constitution deals with the application of its provisions to Union Territories?

Article 243ZS deals with Application to Union Territories.

Article 243ZT concerns the Continuance of Existing Laws.

44. What does the term “board” mean in the context of co-operative societies, as defined in the Constitution?

The “board” means the board of directors or the governing body of a co-operative society, entrusted with the direction and control of the management of its affairs.

45. What does the term “office bearer” mean in the context of co-operative societies?

An “office bearer” means a President, Vice-President, chairperson, vice-chairperson, secretary, or treasurer of a co-operative society, and includes any other person to be elected by the board.

46. What is the maximum suspension period for cooperative banks (other than multi-state cooperative banks) as per the 97th Amendment?

In the case of cooperative banks (other than multi-state cooperative banks), the suspension period cannot exceed one year.

47. Who is the “Registrar” in relation to multi-state co-operative societies and state co-operative societies?

The “Registrar” means the Central Registrar appointed by the Central Government for multi-state co-operative societies, and the Registrar appointed by the state government for state co-operative societies.

48. When did the Constitution (Ninety-seventh Amendment) Act, 2011, officially commence?

The Constitution (Ninety-seventh Amendment) Act, 2011, commenced on February 15, 2012.

49. What was the directive from the Centre to state governments regarding their State Cooperative Society Acts after the 97th Amendment Act, 2011?

The Centre asked state governments to amend their respective State Cooperative Society Acts in tune with the Constitution (97th Amendment) Act, 2011, before February 14, 2013.

Chapter 74 Official Language

1. Which Part of the Constitution deals with the official language and what Articles are included?

Part XVII of the Constitution deals with the official language, covering Articles 343 to 351.

2. Into what four heads are the provisions regarding official language divided?

The provisions are divided into: Language of the Union, Regional languages, Language of the judiciary and texts of laws, and Special directives.

3. What is the official language of the Union as per the Constitution, and what form of numerals is to be used?

Hindi written in Devanagari script is the official language of the Union. The form of numerals to be used for official purposes is the international form of Indian numerals, not the Devanagari form.

4. For what period was English allowed to continue for official purposes of the Union from the commencement of the Constitution?

English was allowed to continue for a period of fifteen years (from 1950 to 1965) for all official purposes of the Union.

5. What power does Parliament have regarding the use of English language after the initial fifteen-year period?

Even after fifteen years, Parliament may provide for the continued use of English language for specified purposes.

6. What is the President’s role in appointing a commission regarding the Hindi language?

At the end of five and ten years from the commencement of the Constitution, the President should appoint a commission to make recommendations on the progressive use of Hindi, restrictions on English, and other related issues.

7. What body is constituted to examine the recommendations of the Official Language Commission?

A committee of Parliament is to be constituted to examine the recommendations of the commission and report its views to the President.

8. When was the first Official Language Commission appointed, and who was its chairman?

The first Official Language Commission was appointed in 1955 under the chairmanship of B.G. Kher.

9. When did the Official Language Commission submit its report, and by whom was it examined?

The commission submitted its report in 1956, and it was examined by a committee of Parliament constituted in 1957 under the chairmanship of Gobind Ballabh Pant.

10. Was another Official Language Commission appointed as envisaged by the Constitution in 1960?

No, another Official Language Commission (as envisaged by the Constitution) was not appointed in 1960.

11. What did the Official Languages Act of 1963 provide for regarding the use of English?

The Act provided for the continued use of English (even after 1965), in addition to Hindi, for all official purposes of the Union and for parliamentary business. It enabled the indefinite use of English.

12. How was the Official Languages Act of 1963 amended in 1967 regarding the use of English?

The Act was amended in 1967 to make the use of English, in addition to Hindi, compulsory in certain cases.

13. What is the constitutional provision regarding the official language of different states?

The Constitution does not specify the official language of different states. The legislature of a state may adopt any one or more of the languages in use in the state or Hindi as the official language. Until then, English continues as the official language.

14. What is the link language for communications between the Union and states or between various states?

For the time being, the official language of the Union (English) remains the link language. However, two or more states are free to agree to use Hindi for communication between themselves.

15. What does the Official Languages Act (1963) stipulate for communication between the Union and non-Hindi states?

The Act lays down that English should be used for communication between the Union and non-Hindi states. If Hindi is used for communication between a Hindi and a non-Hindi state, it should be accompanied by an English translation.

16. Under what conditions can the President officially recognize a language spoken by a substantial proportion of a state’s population?

When the President is satisfied (on demand) that a substantial proportion of a state’s population desires the use of any language, he may direct that such language be officially recognized in that state, protecting linguistic minorities.

17. What is the language for all proceedings in the Supreme Court and High Courts until Parliament provides otherwise?

All proceedings in the Supreme Court and in every High Court are to be in the English language only.

18. What is the authoritative language for texts of bills, acts, ordinances, orders, rules, regulations, and bylaws at the Central and state levels?

The authoritative texts of all bills, acts, ordinances, orders, rules, regulations, and bylaws at the Central and state levels are to be in the English language only.

19. Can a state governor authorize the use of Hindi or other official languages in High Court proceedings?

Yes, the governor of a state, with the previous consent of the President, can authorize the use of Hindi or any other official language in High Court proceedings, but not for judgments, decrees, and orders.

20. What is required if a state legislature prescribes the use of a language other than English for bills, acts, etc.?

If a state legislature prescribes the use of any language other than English for bills, acts, ordinances, orders, rules, regulations, or bylaws, a translation of the same in English must be published.

21. What does the Official Languages Act of 1963 state about Hindi translations of central acts and bills introduced in Parliament?

The Act lays down that Hindi translations of acts, ordinances, orders, regulations, and bylaws published under the President’s authority are deemed authoritative texts. Every bill introduced in Parliament must be accompanied by a Hindi translation.

22. Can a state governor authorize the use of Hindi or other official languages for High Court judgments?

Yes, with the previous consent of the President, the governor can authorize the use of Hindi or any other official language for judgments, decrees, and orders passed by the High Court, but they must be accompanied by an English translation.

23. What is the current language requirement for the Supreme Court?

The Parliament has not made any provision for the use of Hindi in the Supreme Court, so it hears only those who petition or appeal in English.

24. What does the Authorised Translations (Central Laws) Act of 1973 provide for regarding translations of central laws into regional languages?

The Act lays down that a translation in any regional language specified in the Eighth Schedule (other than Hindi) of any central act, ordinance, order, rule, regulation, and bylaw published under the President’s authority is deemed to be the authoritative text in that language.

25. What are the special directives in the Constitution regarding linguistic minorities and the Hindi language?

The Constitution contains special directives to protect the interests of linguistic minorities and to promote the development of the Hindi language.

26. What right does the Constitution guarantee to aggrieved persons regarding representations to authorities?

Every aggrieved person has the right to submit a representation for grievance redressal to any officer or authority of the Union or a state in any of the languages used in the Union or state, meaning it cannot be rejected for not being in the official language.

27. What provision is made for instruction in mother-tongue at the primary stage for children belonging to linguistic minority groups?

Every state and local authority should provide adequate facilities for instruction in the mother-tongue at the primary stage of education for children belonging to linguistic minority groups. The President can issue necessary directions for this purpose.

28. What is the President’s role in appointing a special officer for linguistic minorities?

The President should appoint a special officer for linguistic minorities to investigate matters related to constitutional safeguards for linguistic minorities and report to him/her. The President then places these reports before Parliament and sends them to state governments.

29. What duty does the Constitution impose on the Centre regarding the Hindi language?

The Constitution imposes a duty on the Centre to promote the spread and development of the Hindi language so that it may become the lingua franca of India’s composite culture.

30. How is the enrichment of Hindi to be secured as per the Constitution?

The Centre is directed to secure the enrichment of Hindi by assimilating forms, style, and expressions used in Hindustani and other Eighth Schedule languages, and by drawing its vocabulary primarily from Sanskrit and secondarily from other languages.

31. How many languages are currently specified in the Eighth Schedule of the Constitution, and how many were there originally?

At present, the Eighth Schedule specifies 22 languages (originally 14 languages).

32. Which languages were added to the Eighth Schedule by the 21st, 71st, and 92nd Amendment Acts?

Sindhi was added by the 21st Amendment Act of 1967; Konkani, Manipuri, and Nepali were added by the 71st Amendment Act of 1992; and Bodo, Dogri, Maithili, and Santhali were added by the 92nd Amendment Act of 2003.

33. What are the two objectives behind specifying regional languages in the Eighth Schedule?

The two objectives are:

Members of these languages are to be given representation in the Official Language Commission.
The forms, style, and expression of these languages are to be used for the enrichment of the Hindi language.

34. What did the Official Languages Act (1963) provide for regarding the Committee of Parliament on Official Language?

The Act provided for setting up a Committee of Parliament on Official Language to review the progress of Hindi’s use for official purposes of the Union.

35. When was the Committee of Parliament on Official Language set up, and what is its composition?

The Committee was set up in 1976 and comprises 30 members of Parliament (20 from Lok Sabha and 10 from Rajya Sabha).

36. What is the duty of the Committee of Parliament on Official Language?

The Committee’s duty is to review the progress of Hindi’s use for official purposes of the Union and submit a report to the President with recommendations.

37. What is the convention regarding the Chairman of the Committee of Parliament on Official Language?

As a convention, the Union Home Minister has been elected as Chairman of the Committee from time to time.

38. What aspects does the Committee of Parliament on Official Language examine?

The Committee reviews the progressive use of Hindi in Central Government offices, taking note of constitutional provisions, the Official Languages Act, 1963, rules, and circulars. It also examines the medium of instructions in schools, colleges, and universities, mode of recruitment to Central Government services, and departmental examination medium.

39. Who heads the Secretariat of the Committee of Parliament on Official Language?

The Secretariat of the Committee is headed by the Secretary of the Committee, and it is a subordinate office of the Department of Official Language, Ministry of Home Affairs.

40. When did the Government of India decide to create a new category of languages called “classical languages”?

In 2004, the Government of India decided to create a new category of languages called “classical languages”.

41. How many languages have been granted classical language status so far?

So far, six languages have been granted classical language status.

42. Which language was the first to be declared a classical language and in what year?

Tamil was the first language to be declared classical in 2004.

43. Which language was declared a classical language in 2005?

Sanskrit was declared a classical language in 2005.

44. Which languages were declared classical languages in 2008?

Telugu and Kannada were declared classical languages in 2008.

45. Which language was declared a classical language in 2013?

Malayalam was declared a classical language in 2013.

46. Which language was the most recent to be declared a classical language and in what year?

Odia was the most recent language to be declared classical in 2014.

47. What are the benefits available to languages declared as Classical Languages?

The benefits include:

Two major international awards for scholars of eminence in Classical Indian Languages annually.
Establishment of a ‘Centre of Excellence for Studies in Classical Languages’.
Request to the University Grants Commission to create Professional Chairs for Classical Languages in Central Universities.

48. What are the criteria laid down by the Government of India for a language to be considered for classical language status?

The criteria are:

High antiquity of its early texts/recorded history over 1500-2000 years.
A body of ancient literature/texts considered a valuable heritage.
The literary tradition must be original and not borrowed.
The classical language and literature must be distinct from modern forms, potentially with a discontinuity.

49. Which Article deals with the Official language of the Union?

Article 343 deals with the Official language of the Union.

50. Which Article deals with the Commission and Committee of Parliament on official language?

Article 344 deals with the Commission and Committee of Parliament on official language.

51. Which Article deals with the official language or languages of a state?

Article 345 deals with the official language or languages of a state.

52. Which Article deals with the official language for communication between states or between a state and the Union?

Article 346 deals with the official language for communication between one state and another or between a state and the Union.

53. Which Article provides for a special provision relating to language spoken by a section of the population of a state?

Article 347 provides for a special provision relating to language spoken by a section of the population of a state.

54. Which Article deals with the language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.?

Article 348 deals with the language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.

55. Which Article provides for a special procedure for enactment of certain laws relating to language?

Article 349 provides for a special procedure for enactment of certain laws relating to language.

56. Which Article deals with the language to be used in representation for redress of grievances?

Article 350 deals with the language to be used in representation for redress of grievances.

57. Which Article provides for facilities for instruction in mother-tongue at the primary stage?

Article 350A provides for facilities for instruction in mother-tongue at primary stage.

58. Which Article provides for a Special Officer for linguistic minorities?

Article 350B provides for a Special Officer for linguistic minorities.

59. Which Article provides the directive for the development of the Hindi language?

Article 351 provides the directive for development of the Hindi language.

60. How was the Official Language Commission constituted as per footnote 1?

The Commission was to consist of a chairman and other members representing the different languages specified in the Eighth Schedule of the Constitution.

61. What was the composition of the Committee of Parliament on Official Language as per footnote 2?

The Committee was to consist of 30 members (20 from Lok Sabha and 10 from Rajya Sabha).

62. What are the types of Central government communications that require continued use of English, in addition to Hindi, as per footnote 3?

These include: (a) resolutions, general orders, rules, notifications, administrative or other reports or press communications issued by the Central government; (b) administrative and other reports and official papers laid before Parliament; and (c) contracts and agreements executed, licences, permits, notices, etc., issued by the Central government or by a corporation or a company owned by the Central government.

63. Which Amendment Act added the provision for mother-tongue instruction at the primary stage, and on whose recommendation?

This provision was added by the 7th Amendment Act of 1956 on the recommendation of the States Reorganisation Commission.

64. Which Amendment Act substituted “Odia” for “Oriya”?

The 96th Amendment Act of 2011 substituted “Odia” for “Oriya”.

Chapter 75 Public Services

1. Into what three categories are public services in India classified?

Public services in India are classified into all-India services, Central services, and state services.

2. What are All-India Services?

All-India services are those services that are common to both Central and state governments. Members of these services occupy top positions under both the Centre and the states, serving them by turns.

3. What are the three existing All-India Services?

The three existing All-India Services are: Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFoS).

4. Which pre-independence services were replaced by IAS and IPS after 1947?

The Indian Civil Service (ICS) was replaced by IAS, and the Indian Police (IP) was replaced by IPS in 1947.

5. When was the Indian Forest Service (IFoS) established as the third All-India Service?

The Indian Forest Service (IFoS) was established as the third All-India Service in 1966.

6. What Article of the Constitution authorizes Parliament to create new All-India Services?

Article 312 of the Constitution authorizes Parliament to create new All-India Services.

7. What is the procedure for Parliament to create a new All-India Service?

A new All-India Service can be created only by an act of Parliament based on a resolution passed by Rajya Sabha supported by a two-thirds majority.

8. Why is the power to create new All-India Services given to the Rajya Sabha?

This power is given to the Rajya Sabha to protect the interests of states in the Indian federal system.

9. Did the Drafting Committee of the Constituent Assembly initially provide constitutional status to the All-India Services?

No, the Drafting Committee did not provide a constitutional status to the All-India Services, and the Draft Constitution did not mention them.

10. Who is regarded as the “Father of All-India Services”?

Sardar Vallabhbhai Patel is regarded as the ‘Father of All-India Services’.

11. What did the All-India Services Act of 1951 authorize the Central Government to do?

The Act authorized the Central Government to make rules in consultation with state governments for the regulation of recruitment and service conditions of All-India Services members.

12. How are members of All-India Services recruited, trained, and assigned?

Members are recruited and trained by the Central Government but are assigned to different states for work. They are borne on different state cadres, and the Centre has no cadre of its own.

13. How do All-India Service officers serve the Central Government?

They serve the Central Government on deputation under the tenure system.

14. What are the three categories of All-India Services?

The three categories are: Super time scale, Senior scale, and Junior scale.

15. Which Ministries of the Central Government manage and control the IAS, IPS, and IFoS respectively?

IAS is managed by the Ministry of Personnel, Public Grievances and Pensions. IPS is managed by the Ministry of Home Affairs. IFoS is managed by the Ministry of Environment, Forest and Climate Change.

16. How are All-India Services controlled and by whom are their salaries and pensions met?

All-India Services are controlled jointly by the Central and state governments. The ultimate control lies with the Central Government, while immediate control vests with the state governments. Their salaries and pensions are met by the states.

17. Who can take disciplinary action against All-India Service officers?

Disciplinary action (imposition of penalties) against these officers can only be taken by the Central government.

18. How many state cadres exist for the All-India Services, and which are the two joint cadres?

There are twenty-six state cadres. The two joint cadres are Assam-Meghalaya and Arunachal Pradesh, Goa, Mizoram and the Union Territories (AGMUT).

19. What are Central Services?

The personnel of Central Services work under the exclusive jurisdiction of the Central Government, manning specialized positions in various departments.

20. Which Ministry is the central personnel agency in the Government of India for Central Services?

The Ministry of Personnel is the central personnel agency.

21. How were Central Services classified before independence and what were the changes after independence?

Before independence, they were Class I, Class II, Subordinate, and Inferior services. After independence, Subordinate and Inferior Services became Class III and Class IV (on First Pay Commission recommendation, 1946–1947). In 1974, classifications changed to Group A, Group B, Group C, and Group D (on Third Pay Commission recommendation, 1970–1973).

22. What are the four categories of Central Services currently?

The four categories are: Central Services, Group A; Central Services, Group B; Central Services, Group C; and Central Services, Group D.

23. Which is the topmost Central Service in terms of prestige, status, pay, and emoluments?

The Indian Foreign Service (IFS) is the topmost Central Service in terms of prestige, status, pay, and emoluments.

24. Which Ministry manages the Indian Foreign Service (IFS)?

The Indian Foreign Service (IFS) is managed by the Ministry of External Affairs.

25. What are State Services?

The personnel of state services work under the exclusive jurisdiction of the state government, holding various positions in state government departments.

26. How do the positions held by State Service members compare to those held by All-India Service members in the state administrative hierarchy?

State Service members occupy lower positions in the administrative hierarchy of the state than those held by All-India Service members (IAS, IPS, and IFoS).

27. What is the most prestigious among all state services?

The civil service (also known as the administrative service) is the most prestigious among all state services.

28. How are state services classified into categories and gazetted/non-gazetted classes?

State services are classified into Class I (Group A), Class II (Group B), Class III (Group C), and Class IV (Group D). Class I and II are gazetted, while Class III and IV are non-gazetted.

29. What is the difference between gazetted and non-gazetted classes in state services regarding publication of names and privileges?

Names of gazetted class members are published in the Government Gazette for appointment, transfer, promotion, and retirement, and they enjoy certain privileges. Names of non-gazetted members are not published, and they are called ‘employees’.

30. What percentage of senior posts in IAS, IPS, and IFoS are required to be filled by promotion of officers from state services?

Senior posts not exceeding thirty-three and one-third percent in IAS, IPS, and IFoS are required to be filled by promotion of officers employed in state services.

31. How are promotions of state service officers to All-India Services made?

Such promotions are made on the recommendation of a selection committee constituted for this purpose in each state, presided over by the Chairman or a member of UPSC.

32. Which Articles in the Constitution contain provisions regarding All-India, Central, and state services?

Articles 308 to 314 in Part XIV of the Constitution contain these provisions.

33. What does Article 309 empower Parliament and state legislatures to regulate?

Article 309 empowers Parliament and state legislatures to regulate the recruitment and conditions of service of persons appointed to public services and posts under the Centre and states.

34. Who can make rules to regulate recruitment and service conditions until laws are made by Parliament or state legislatures?

Until such laws are made, the President or the governor can make rules to regulate these matters.

35. What does “recruitment” include in the context of public service?

Recruitment includes any method for inducting a person in public service, such as appointment, selection, deputation, promotion, and appointment by transfer.

36. What do “conditions of service” for a public servant include?

Conditions of service include pay, allowances, periodical increments, leave, promotion, tenure or termination of service, transfer, deputation, various types of rights, disciplinary action, holidays, hours of work, and retirement benefits like pension, provident fund, and gratuity.

37. What restrictions can Parliament or state legislatures impose on the Fundamental Rights of public servants?

They can impose “reasonable” restrictions in the interests of integrity, honesty, efficiency, discipline, impartiality, secrecy, neutrality, anonymity, and devotion to duty.

38. What does Article 310 state regarding the tenure of office for members of defence services, civil services, and persons holding military/civil posts?

According to Article 310, they hold office during the pleasure of the President (for Central services/military posts) or governor (for state civil services/posts). This is known as the Doctrine of Pleasure.

39. What is the exception to the general rule of dismissal at pleasure under Article 310?

The President or governor may provide for compensation if a post is abolished before the contractual period or if a person is required to vacate for reasons not connected with misconduct. This applies only to new entrants not already in service.

40. What two safeguards does Article 311 provide to civil servants against arbitrary dismissal?

Article 311 provides two safeguards:

A civil servant cannot be dismissed or removed by an authority subordinate to the appointing authority.
A civil servant cannot be dismissed, removed, or reduced in rank except after an inquiry with informed charges and a reasonable opportunity to be heard.

41. To which categories of public servants do these two safeguards under Article 311 apply?

These safeguards apply only to members of the civil services of the Centre, All-India Services, civil services of a state, or persons holding civil posts under the Centre or a state, but not to members of defence services or persons holding military posts.

42. In which three cases is the second safeguard (holding inquiry) under Article 311 not available?

The second safeguard is not available if:

A civil servant is convicted on a criminal charge.
The authority deems it not reasonably practicable to hold such inquiry (reasons to be recorded).
The President or governor is satisfied that it’s not expedient in the interest of state security.

43. How many stages did the opportunity of being heard for a civil servant originally have, and what change did the 42nd Amendment Act of 1976 make?

Originally, there were two stages: inquiry stage and punishment stage. The 42nd Amendment Act of 1976 abolished the provision for the second opportunity.

44. What does the Supreme Court’s interpretation of “reasonable opportunity of being heard” (in the second safeguard) include?

It includes:

Opportunity to deny guilt and establish innocence by knowing the charges and allegations.
Opportunity to defend oneself by cross-examining witnesses and examining one’s own witnesses.
The disciplinary authority must supply a copy of the inquiry officer’s report for observations and comments.

45. What does Article 312 provide for regarding the creation of new All-India Services?

Article 312 states that Parliament can create new All-India Services (including an All-India Judicial Service) if the Rajya Sabha passes a resolution supported by two-thirds of members present and voting, declaring it necessary in the national interest.

46. What power does Parliament have regarding the recruitment and conditions of service of persons appointed to All-India Services?

Parliament can regulate the recruitment and conditions of service of persons appointed to All-India Services, and has enacted the All-India Services Act, 1951 for this purpose.

47. Which services were deemed to be created by Parliament under Article 312 at the commencement of the Constitution?

The Indian Administrative Service and the Indian Police Service were deemed to be services created by Parliament under this provision.

48. What is the scope of the All-India Judicial Service if created?

The All-India Judicial Service should not include any post inferior to that of a district judge.

49. Is a law creating an All-India Judicial Service considered an amendment of the Constitution for Article 368 purposes?

No, a law providing for the creation of this service is not deemed an amendment of the Constitution for the purposes of Article 368.

50. Has an All-India Judicial Service been created so far?

No, although the 42nd Amendment Act of 1976 made the provision for its creation, no such law has been made so far.

51. What does Article 312A (inserted by the 28th Amendment Act of 1972) confer powers on Parliament to do?

Article 312A confers powers on Parliament to vary or revoke the conditions of service of persons appointed to a civil service of the Crown in India before 1950.

52. What does Article 313 deal with?

Article 313 deals with transitional provisions, stating that until otherwise provided, all laws in force before 1950 applicable to any public service would continue.

53. What happened to Article 314?

Article 314, which made provision for protection of existing officers of certain services, was repealed by the 28th Amendment Act of 1972.

54. What is the subject matter of Article 308?

Article 308 concerns Interpretation.

55. What is the subject matter of Article 309?

Article 309 concerns Recruitment and conditions of service of persons serving the Union or a state.

56. What is the subject matter of Article 310?

Article 310 concerns Tenure of office of persons serving the Union or a state.

57. What is the subject matter of Article 311?

Article 311 concerns Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a state.

58. What is the subject matter of Article 312?

Article 312 concerns All-India Services.

59. What is the subject matter of Article 312A?

Article 312A concerns Power of Parliament to vary or revoke conditions of service of officers of certain services.

60. What is the subject matter of Article 313?

Article 313 concerns Transitional provisions.

61. What is the subject matter of Article 314?

Article 314 concerns Provision for protection of existing officers of certain services (Repealed).

62. In 1963, a provision was made for the creation of three more all-India services. Which one actually came into existence in 1966?

Out of the Indian Forest Service, Indian Medical and Health Service, and Indian Service of Engineers, only the Indian Forest Service came into existence in 1966.

63. What does “civil post” mean in the context of public services?

A “civil post” means an appointment or office or employment on the civil side of the administration, as distinguished from the military side.

64. What is the difference between “dismissal” and “removal” in the context of government employment?

Dismissal disqualifies for future employment under the government, while removal does not.

Chapter 76 Rights and Liabilities of the Government

1. Which Articles in the Constitution deal with the property, contracts, rights, liabilities, obligations, and suits of the Union and the states?

Articles 294 to 300 in Part XII of the Constitution deal with these matters.

2. How are the Union and the states regarded in terms of legal personality for these purposes?

The Constitution regards the Union or the states as juristic (legal) persons.

3. What happened to the property and assets vested in the Dominion of India, provinces, or Indian princely states before the Constitution’s commencement?

All such property and assets became vested in the Union or the corresponding state.

4. What happened to the rights, liabilities, and obligations of the government of the Dominion of India, provinces, or Indian states?

They became the rights, liabilities, and obligations of the Government of India or the corresponding state.

5. What is “Escheat” in the context of property accruing to the government?

Escheat refers to property accruing to the government due to the death of a person intestate without any heir.

6. What is “Lapse” in the context of property accruing to the government?

Lapse refers to the termination of rights through disuse or failure to follow appropriate procedures.

7. What is “Bona Vacantia” in the context of property accruing to the government?

Bona vacantia refers to property found without any owner.

8. When does property accrue to the state versus the Union in cases of escheat, lapse, or bona vacantia?

The property vests in the state if it is situated there, and in the Union in any other case.

9. What sea-wealth vests in the Union of India?

All lands, minerals, and other things of value under the waters of the ocean within the territorial waters of India, the continental shelf of India, and the exclusive economic zone of India vest in the Union.

10. Can a state near the ocean claim jurisdiction over sea-wealth?

No, a state near the ocean cannot claim jurisdiction over these things.

11. To what distance do India’s territorial waters extend from the baseline?

India’s territorial waters extend to a distance of 12 nautical miles from the appropriate baseline.

12. To what distance does India’s exclusive economic zone extend?

India’s exclusive economic zone extends up to 200 nautical miles.

13. Who is empowered to make laws for the compulsory acquisition and requisitioning of private property?

Both the Parliament and the state legislatures are empowered to make such laws.

14. What change did the 44th Amendment Act (1978) make regarding compensation for compulsory acquisition of private property?

The 44th Amendment Act (1978) abolished the constitutional obligation to pay compensation, except in two cases.

15. In which two cases is the government constitutionally obligated to pay compensation for acquiring private property after the 44th Amendment Act (1978)?

Compensation is still required when:

The government acquires the property of a minority educational institution.
The government acquires land held by a person under personal cultivation and the land is within statutory ceiling limits.

16. Can the Union or a state acquire, hold, and dispose of property under the exercise of its executive power?

Yes, the Union or a state can acquire, hold, and dispose of property under the exercise of its executive power.

17. What does Article 300 of the Constitution lay down regarding suits by or against the Government in India?

Article 300 states that the Government of India may sue or be sued by the name of the Union of India, and the government of a state may sue or be sued by the name of that state.

18. How does the Constitution (Article 300) define the extent of governmental liability in suits?

The Union of India or states can sue or be sued in relation to their respective affairs in the like cases as the Dominion of India and corresponding provinces or Indian states might have sued or been sued before the Constitution.

19. Has any law been enacted by Parliament or a state legislature to further define governmental liability in suits?

No, no such law has been enacted so far. Hence, the position remains as it existed before the Constitution.

20. In the pre-Constitution period, was the government suable for contracts and torts?

In the pre-Constitution period, the government was suable for contracts but not for torts (wrongs committed by its servants) in respect of its sovereign functions.

21. What three conditions must be fulfilled for contracts entered into by the Union or a state under executive power to be valid?

The three conditions are:

They must be expressed to be made by the president or governor.
They must be executed on behalf of the president or governor.
They must be executed by such a person or in such a manner as the president or governor may direct or authorise.

22. What is the consequence if these conditions for contracts are not complied with?

Failure to comply with these conditions nullifies the contracts and renders them void and unenforceable in the courts.

23. Are the president or governor personally liable for contracts executed in their name?

No, the president or the governor are not personally liable in respect of any contract executed in their name.

24. Does the personal immunity of the president or governor immunize the government from contractual liability?

No, this immunity is purely personal and does not immunize the government from contractual liability.

25. What was the East India Company’s liability for its functions as a trader versus a sovereign?

The East India Company was suable for its functions as a trader but not as a sovereign.

26. What English Common Law maxim was the basis for the Company’s immunity in sovereign functions?

The immunity was based on the maxim that the “King can do no wrong.”

27. Has the traditional immunity of the State (Crown) in Britain from legal liability for its actions been done away with?

Yes, it has been done away with by the Crown Proceedings Act (1947).

28. What is the current position in India regarding the government’s liability for torts committed by its officials?

The government (Union or states) in India can be sued for torts committed by its officials only in the exercise of its non-sovereign functions, but not in sovereign functions.

29. Which famous case (1861) established the distinction between sovereign and non-sovereign functions of the Government in India?

The distinction was established in the P and O Steam Navigation Company case (1861).

30. Which Supreme Court case (1964) reaffirmed the distinction between sovereign and non-sovereign functions in the post-independence era?

The Kasturilal case (1964) reaffirmed this distinction.

31. What did the Supreme Court rule in the Nagendra Rao case (1994) regarding the doctrine of sovereign immunity?

In the Nagendra Rao case (1994), the Supreme Court criticised the doctrine of sovereign immunity and adopted a liberal approach, ruling that the State would be liable to pay compensation for damage due to negligent acts of its servants, as the distinction between sovereign and non-sovereign functions does not exist in the modern sense.

32. What functions are considered primary and inalienable functions of a constitutional Government for which the State cannot claim immunity?

Functions such as administration of justice, maintenance of law and order, and repression of crime are considered primary and inalienable.

33. Did the Supreme Court overrule its judgment in the Kasturilal case (1964) in the Nagendra Rao case (1994)?

No, the Supreme Court did not overrule its judgment in the Kasturilal case (1964), but stated it is applicable to rare and limited cases.

34. What did the Supreme Court rule in the Common Cause case (1999) regarding the doctrine of sovereign immunity?

In the Common Cause case (1999), the Supreme Court rejected the sovereign immunity rule, stating that the rule of State liability should be co-extensive with the modern concept of a welfare State, and that the efficacy of Kasturilal case as a binding precedent had been eroded.

35. What did the Supreme Court rule in the Prisoner’s Murder case (2000) regarding the Kasturilal case?

In the Prisoner’s Murder case (2000), the Supreme Court ruled that the Kasturilal case has paled into insignificance and is no longer of any binding value in the process of judicial advancement.

36. What immunities does the Constitution confer upon the President of India and Governors of states with regard to their official acts?

The President and Governors cannot be sued during or after their term for any act done in the exercise of their official powers and duties.

37. Can the official conduct of the President be reviewed by a court or tribunal?

Yes, the official conduct of the President can be reviewed by a court, tribunal, or any other body authorized by either House of Parliament to investigate charges for impeachment.

38. Can criminal proceedings be started against the President and Governors for their personal acts?

No, no criminal proceedings can be started against them for their personal acts, nor can they be arrested or imprisoned, during their term of office.

39. Can civil proceedings be started against the President and Governors for their personal acts?

Yes, civil proceedings can be started against them for personal acts during their term of office, but only after giving two months’ advance notice.

40. Does the Constitution grant immunity to ministers for their official acts?

No, the Constitution does not grant any immunity to ministers for their official acts.

41. Are ministers liable in courts for official acts done by the President and Governors on their advice?

No, ministers are not liable in courts for official acts done by the President and Governors on their advice, as courts are debarred from inquiring into such advice.

42. Do ministers enjoy immunity for their personal acts?

No, ministers do not enjoy any immunity for their personal acts, and can be sued for crimes and torts like common citizens.

43. Do judicial officers enjoy immunity from liability for their official acts?

Yes, judicial officers enjoy immunity from any liability in respect of their official acts and hence, cannot be sued.

44. What does the Judicial Officers Protection Act (1850) lay down?

The Act lays down that ‘no judge, magistrate, justice of peace, collector or other person acting judicially shall be liable to be sued in any civil court for any act done by him in the discharge of his official duty’.

45. Are civil servants personally liable for official contracts they make?

No, civil servants are conferred personal immunity from legal liability for official contracts, meaning the government (Central or state) is liable.

46. Under what condition is a civil servant personally liable for a contract?

If the contract is made without complying with the conditions specified in the Constitution, then the civil servant who made the contract is personally liable.

47. Do civil servants enjoy immunity from legal liability for their tortious acts?

Civil servants enjoy immunity from legal liability for their tortious acts in respect of the sovereign functions of the government.

48. What is the liability of civil servants for torts or illegal acts in other cases (non-sovereign functions)?

In other cases, the liability of civil servants for torts or illegal acts is the same as that of any ordinary citizen.

49. Can civil proceedings be instituted against civil servants for acts done in their official capacity?

Yes, civil proceedings can be instituted against them for anything done in their official capacity after giving two months’ advance notice.

50. Is advance notice required for civil proceedings against civil servants for acts done outside the scope of their official duties?

No, no such notice is required when the action is to be brought against them for acts done outside the scope of their official duties.

51. Can criminal proceedings be instituted against civil servants for acts done in their official capacity?

Yes, criminal proceedings can be instituted against them for acts done in their official capacity, with the prior permission of the president or the governor, where necessary.

52. What is the subject matter of Article 294?

Article 294 concerns Succession to property, assets, rights, liabilities and obligations in certain cases.

53. What is the subject matter of Article 295?

Article 295 concerns Succession to property, assets, rights, liabilities and obligations in other cases.

54. What is the subject matter of Article 296?

Article 296 concerns Property accruing by escheat or lapse or as bona vacantia.

55. What is the subject matter of Article 297?

Article 297 concerns Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union.

56. What is the subject matter of Article 298?

Article 298 concerns Power to carry on trade, etc.

57. What is the subject matter of Article 299?

Article 299 concerns Contracts.

58. What is the subject matter of Article 300?

Article 300 concerns Suits and proceedings.

59. What is the subject matter of Article 361?

Article 361 concerns Protection (immunities) of President and Governors.

60. Which Act passed by Parliament after the 40th Constitutional Amendment Act, 1976, deals with Territorial Waters, Continental Shelf, and Exclusive Economic Zone?

The Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976, deals with these matters.

61. Which Amendment Act added the first provision regarding compensation for property acquisition?

The 44th Amendment Act (1978) added the first provision.

62. Which Amendment Act added the second provision regarding compensation for property acquisition?

The 17th Amendment Act (1964) added the second provision.

Chapter 77 Special Provisions Relating to Certain Classes

1. What is the rationale behind the special provisions in the Constitution relating to certain classes?

The special provisions are made to realize the objectives of equality and justice as laid down in the Preamble.

2. Which Articles in the Constitution (Part XVI) contain special provisions for Scheduled Castes (SCs), Scheduled Tribes (STs), Backward Classes (BCs), and Anglo-Indians?

Articles 330 to 342A in Part XVI contain these special provisions.

3. What are the six areas to which these special provisions relate?

These provisions relate to:

Reservation in Legislatures
Special Representation in Legislatures
Reservation in Services and Posts
Educational Grants
Appointment of National Commissions
Appointment of Commissions of Investigation

4. Into what two broad categories can these special provisions be classified?

These provisions can be classified as Permanent and Temporary and Protective and Developmental.

5. Who has the power to specify which castes or tribes are to be called SCs or STs in each state and union territory?

The Constitution leaves this power to the President.

6. How are the lists of SCs or STs in states affected by presidential notifications?

The lists of SCs or STs vary from state to state and union territory.

7. What is the process for the President to issue notifications specifying SCs and STs in the case of states?

In the case of states, the President issues the notification after consulting the governor of the state concerned.

8. Who has the sole power to include or exclude any caste or tribe from the Presidential notification specifying SCs or STs?

Any inclusion or exclusion can be done only by the Parliament and not by a subsequent Presidential notification.

9. Does the Constitution specify the classes of citizens to be called socially and educationally backward classes (OBCs)?

No, the Constitution has not specified these classes.

10. What did the 102nd Amendment Act of 2018 provide regarding the specification of socially and educationally backward classes?

The 102nd Amendment Act of 2018 provided that the President may, with respect to any state or union territory, specify the socially and educationally backward classes for constitutional purposes.

11. What change did the 105th Amendment Act of 2021 make to the provision for specifying socially and educationally backward classes?

The 105th Amendment Act of 2021 modified the provision to state that the President may specify such classes in the Central List for the purposes of the central government.

12. What does the expression “Central List” mean as explained by the 105th Amendment Act of 2021?

The expression “Central List” means the list of socially and educationally backward classes prepared and maintained by and for the central government.

13. What power did the 105th Amendment Act of 2021 empower states or union territories to do regarding OBC lists?

The Act empowered a state or union territory to prepare and maintain a list of socially and educationally backward classes for its own purposes by law.

14. How does the Constitution define an “Anglo-Indian” person?

An Anglo-Indian means a person whose father or any other male progenitor in the male line is or was of European descent but who is domiciled within the territory of India and was born within such territory of parents habitually resident therein and not established there for temporary purposes only.

15. What is the basis for reservation of seats for SCs and STs in the Lok Sabha and state legislative assemblies?

Seats are reserved for SCs and STs on the basis of population ratios.

16. What was the original duration for the provision of reservation for SCs and STs in legislatures, and how has it been extended?

Originally, it was for ten years (up to 1960). It has been continuously extended by ten years each time, and under the 104th Amendment Act of 2019, it is to last until 2030.

17. What should be taken into consideration when making appointments to public services for SCs and STs?

The claims of SCs and STs are to be taken into consideration without sacrificing the efficiency of administration.

18. What did the 82nd Amendment Act of 2000 provide for regarding relaxation in qualifying marks for SCs and STs?

The 82nd Amendment Act of 2000 provides for making provisions for relaxation in qualifying marks in examinations or lowering standards of evaluation for reservation in promotions to public services.

19. What is the President’s role in setting up National Commissions for SCs and STs?

The President should set up a National Commission for the SCs (Article 338) and a National Commission for the STs (Article 338-A) to investigate matters relating to their constitutional safeguards and report to him/her.

20. What was the previous arrangement for National Commissions for SCs and STs, and what change did the 89th Amendment Act of 2003 make?

Previously, the Constitution provided for a combined National Commission for SCs and STs. The 89th Amendment Act of 2003 bifurcated it into two separate bodies.

21. What is the President’s role in appointing a commission to report on the administration of scheduled areas and the welfare of STs?

The President is required to appoint such a commission, at any time but compulsorily after ten years of the Constitution’s commencement.

22. Who headed the first commission appointed in 1960 to report on the administration of scheduled areas and welfare of STs?

The first commission was headed by U.N. Dhebar and submitted its report in 1961.

23. Who headed the second commission appointed in 2002 for the same purpose?

The second commission was appointed in 2002 under the chairmanship of Dilip Singh Bhuria and submitted its report in 2004.

24. What is the extent of the executive power of the Centre regarding the welfare of STs in states?

The executive power of the Centre extends to giving directions to a state with respect to drawing up and execution of schemes for the welfare of STs.

25. When was the National Commission for BCs first set up, and what change did the 102nd Amendment Act of 2018 make?

The National Commission for BCs was set up in 1993 by an Act of Parliament. The 102nd Amendment Act of 2018 conferred a constitutional status on the commission, inserting a new Article 338-B.

26. What is the President’s role regarding the National Commission for socially and educationally BCs?

The President should set up a National Commission for socially and educationally BCs to investigate all matters relating to their constitutional safeguards and report to him/her.

27. Who headed the first backward classes commission appointed in 1953, and when did it submit its report?

The first backward classes commission was appointed in 1953 under the chairmanship of Kaka Kalelkar and submitted its report in 1955.

28. Why was no action taken on the recommendations of the first backward classes commission?

No action was taken as the recommendations were considered too vague and impractical, and there was a sharp division among members on the criterion of backwardness.

29. Who chaired the second Backward Classes Commission appointed in 1979, and what was its significant recommendation implemented in 1990?

The second Backward Classes Commission was appointed in 1979 with B.P. Mandal as chairman. Its report in 1980 recommended 27 percent reservation of government jobs for OBCs, which was implemented by the V.P. Singh Government in 1990.

30. What was the provision for special representation for Anglo-Indians in Legislatures before 2020?

Before 2020, the President nominated two members from the Anglo-Indian community to the Lok Sabha, and the governor nominated one member to the State Legislative Assembly, if the community was not adequately represented.

31. What was the original duration for the special representation for Anglo-Indians, and what happened to this provision under the 104th Amendment Act, 2019?

Originally, it was for ten years (up to 1960) and was extended continuously. However, the 104th Amendment Act, 2019, did not extend it further, causing the provision to cease effect on January 25, 2020.

32. What special provisions existed for Anglo-Indians in services and educational grants before independence and how long did they continue after the Constitution?

Before independence, certain posts were reserved for Anglo-Indians in railway, customs, postal, and telegraph services, and Anglo-Indian educational institutions received special grants. These benefits continued on a progressive diminution basis until they ended in 1960.

33. What are the functions of the National Commission for SCs vis-à-vis Anglo-Indians?

The National Commission for SCs is also required to discharge similar functions with regard to the Anglo-Indian community as it does with SCs, investigating matters relating to their constitutional and legal safeguards and reporting to the President.

34. Which Article deals with Reservation of seats for scheduled castes and scheduled tribes in the House of the people?

Article 330 deals with Reservation of seats for scheduled castes and scheduled tribes in the House of the people.

35. Which Article deals with Representation of the Anglo-Indian community in the House of the people?

Article 331 deals with Representation of the Anglo-Indian community in the House of the people.

36. Which Article deals with Reservation of seats for scheduled castes and scheduled tribes in the legislative assemblies of the states?

Article 332 deals with Reservation of seats for scheduled castes and scheduled tribes in the legislative assemblies of the states.

37. Which Article deals with Representation of the Anglo-Indian community in the legislative assemblies of the states?

Article 333 deals with Representation of the Anglo-Indian community in the legislative assemblies of the states.

38. Which Article deals with Reservation of seats and special representation to cease after certain period?

Article 334 deals with Reservation of seats and special representation to cease after certain period.

39. Which Article deals with Claims of scheduled castes and scheduled tribes to services and posts?

Article 335 deals with Claims of scheduled castes and scheduled tribes to services and posts.

40. Which Article deals with Special provision for Anglo-Indian community in certain services?

Article 336 deals with Special provision for Anglo-Indian community in certain services.

41. Which Article deals with Special provision with respect to educational grants for the benefit of Anglo-Indian community?

Article 337 deals with Special provision with respect to educational grants for the benefit of Anglo-Indian community.

42. Which Article deals with National Commission for scheduled castes?

Article 338 deals with National Commission for scheduled castes.

43. Which Article deals with National Commission for scheduled tribes?

Article 338A deals with National Commission for scheduled tribes.

44. Which Article deals with National Commission for backward classes?

Article 338B deals with National Commission for backward classes.

45. Which Article deals with Control of the Union over the administration of scheduled areas and the welfare of scheduled tribes?

Article 339 deals with Control of the Union over the administration of scheduled areas and the welfare of scheduled tribes.

46. Which Article deals with Appointment of a commission to investigate the conditions of backward classes?

Article 340 deals with Appointment of a commission to investigate the conditions of backward classes.

47. Which Article deals with Scheduled castes?

Article 341 deals with Scheduled castes.

48. Which Article deals with Scheduled tribes?

Article 342 deals with Scheduled tribes.

49. Which Article deals with Socially and educationally backward classes?

Article 342A deals with Socially and educationally backward classes.

50. What are the names of the Presidential orders that specify Scheduled Castes and Scheduled Tribes, mentioned in footnote 2?

These are the Constitution (Scheduled Castes) Order, 1950; the Constitution (Scheduled Castes) (Union Territories) Order, 1951; the Constitution (Scheduled Tribes) Order, 1950; and the Constitution (Scheduled Tribes) (Union Territories) Order, 1951.

51. Which Amendment Acts modified the Presidential orders specifying SCs and STs?

Parliament modified these orders by enacting the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act in 1956, 1976, and subsequent years.

52. Which Amendment Act inserted a new Article 342A, and which one amended it?

The 102nd Amendment Act of 2018 inserted a new Article 342A. This Article was later amended by the 105th Amendment Act of 2021.

53. Which Amendment Acts extended the period of reservation for SCs and STs in legislatures from ten years to eighty years (until 2030)?

The 8th Amendment Act of 1959, 23rd Amendment Act of 1969, 45th Amendment Act of 1980, 62nd Amendment Act of 1989, 79th Amendment Act of 1999, 95th Amendment Act of 2009, and the 104th Amendment Act of 2019 extended the period.

54. What does Clause 10 of Article 338 state regarding the reference to Scheduled Castes?

Clause 10 of Article 338 reads: “In this article, reference to the Scheduled Castes shall be construed as including references to the Anglo-Indian community.”

Chapter 78 Special Provisions for Some States

1. Which Articles in the Constitution contain special provisions for certain states?

Articles 371 to 371-J in Part XXI of the Constitution contain special provisions.

2. How many states are covered by these special provisions?

These provisions cover twelve states: Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka.

3. What is the intention behind these special provisions for certain states?

The intention is to meet the aspirations of people from backward regions, protect the cultural and economic interests of tribal people, deal with disturbed law and order, or protect the interests of local people.

4. Were these special provisions part of the original Constitution?

No, the Constitution did not originally make any special provisions for these states. They were incorporated by subsequent amendments due to state reorganisation or conferment of statehood.

5. Under Article 371, what special responsibilities is the President authorized to provide for the Governors of Maharashtra and Gujarat?

The President is authorized to provide for special responsibilities for:

Establishment of separate development boards for Vidarbha, Marathwada, and the rest of Maharashtra, and for Saurashtra, Kutch, and the rest of Gujarat.
Provision for a report on these boards to be placed annually before the State Legislative Assembly.
Equitable allocation of funds for developmental expenditure in these areas.
Equitable arrangement providing adequate facilities for technical education, vocational training, and employment opportunities in state services in these areas.

6. What Acts of Parliament would not apply to Nagaland unless the State Legislative Assembly decides so, as per Article 371-A?

Acts of Parliament relating to:

Religious or social practices of the Nagas.
Naga customary law and procedure.
Administration of civil and criminal justice involving Naga customary law.
Ownership and transfer of land and its resources.

7. What special responsibility does the Governor of Nagaland have regarding law and order?

The Governor of Nagaland shall have special responsibility for law and order as long as internal disturbances caused by hostile Nagas continue.

8. When does the Governor of Nagaland’s special responsibility for law and order cease?

This special responsibility ceases when the President so directs.

9. What must the Governor of Nagaland ensure regarding money provided by the Central Government for specific purposes?

The Governor must ensure that such money is included in the demand for a grant relating to that purpose and not in any other demand moved in the State Legislative Assembly.

10. What is mandated for the Tuensang district of Nagaland regarding a regional council?

A regional council consisting of 35 members should be established for the Tuensang district.

11. What powers does the Governor have regarding the Tuensang district for a period of ten years from Nagaland’s formation?

The Governor shall:

Carry on the administration of the Tuensang district.
In his/her discretion, arrange for equitable distribution of money from the Centre between Tuensang district and the rest of Nagaland.
Direct whether any Act of Nagaland Legislature applies to Tuensang district.
Make Regulations for peace, progress, and good government of the Tuensang district.
Make the final decision on all matters relating to Tuensang district.

12. How are members from the Tuensang district elected to the Nagaland Legislative Assembly?

Members from the Tuensang district are not elected directly by the people but by the regional council.

13. Under Article 371-B, what is the President empowered to provide for in Assam?

The President is empowered to provide for the creation of a committee of the Assam Legislative Assembly consisting of members elected from the Tribal Areas and other specified members.

14. What special provisions does Article 371-C make for Manipur?

Article 371-C makes special provisions for:

Creation of a committee of the Manipur Legislative Assembly from Hill Areas members.
Governor having special responsibility for proper functioning of that committee.
Governor submitting an annual report to the President on Hill Areas administration.
Central Government giving directions to the State Government on Hill Areas administration.

15. Which Articles contain special provisions for Andhra Pradesh or Telangana?

Articles 371-D and 371-E contain these special provisions.

16. How was Article 371-D extended to Telangana?

In 2014, Article 371-D was extended to the state of Telangana by the Andhra Pradesh Re-organisation Act of 2014.

17. What does Article 371-D empower the President to provide for regarding equitable opportunities in Andhra Pradesh/Telangana?

The President is empowered to provide for equitable opportunities and facilities for people from different parts of the state in public employment and education, and make different provisions for various parts.

18. What provisions can the President make for civil posts, direct recruitment, and educational admissions in local cadres for different parts of Andhra Pradesh/Telangana?

The President may require the State Government to organize civil posts in local cadres, provide for direct recruitment, and specify local areas for educational institution admissions, including preference or reservation.

19. What can the President provide for regarding the establishment of an Administrative Tribunal in Andhra Pradesh/Telangana?

The President may provide for the establishment of an Administrative Tribunal to deal with disputes and grievances related to appointment, allotment, or promotion to civil posts.

20. Does the Administrative Tribunal in Andhra Pradesh/Telangana function within the purview of the state High Court?

No, the tribunal is to function outside the purview of the state High Court.

21. Can any court (other than the Supreme Court) exercise jurisdiction over matters subject to the Administrative Tribunal in Andhra Pradesh/Telangana?

No, no court (other than the Supreme Court) is to exercise any jurisdiction.

22. When can the President abolish the Administrative Tribunal?

The President may abolish the tribunal when he/she is satisfied that its continued existence is not necessary.

23. What does Article 371-E empower Parliament to provide for in Andhra Pradesh?

Article 371-E empowers Parliament to provide for the establishment of a Central University in the state of Andhra Pradesh.

24. Which Constitutional Amendment Act made Sikkim a full-fledged state and included special provisions for it?

The 36th Constitutional Amendment Act of 1975 made Sikkim a full-fledged state and included a new Article 371-F.

25. What is the minimum number of members for the Sikkim Legislative Assembly?

The Sikkim Legislative Assembly is to consist of not less than 30 members.

26. How many seats are allotted to Sikkim in the Lok Sabha?

One seat is allotted to Sikkim in the Lok Sabha, and Sikkim forms one Parliamentary constituency.

27. What is the Parliament empowered to provide for regarding the Sikkim Legislative Assembly to protect the rights of different sections of the Sikkim population?

Parliament is empowered to provide for:

The number of seats in the Sikkim Legislative Assembly that may be filled by candidates from such sections.
The delimitation of Assembly constituencies from which candidates from such sections alone may stand.

28. What special responsibility does the Governor of Sikkim have?

The Governor shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the Sikkim population.

29. How does the Governor of Sikkim act in discharging his/her special responsibility?

The Governor acts in his/her discretion, subject to the directions issued by the President.

30. Can the President extend laws in force in other states of the Indian Union to Sikkim?

Yes, the President can extend (with restrictions or modifications) to Sikkim any law in force in a state of the Indian Union.

31. What special provisions does Article 371-G specify for Mizoram?

Article 371-G specifies that Acts of Parliament relating to:

Religious or social practices of the Mizos.
Mizo customary law and procedure.
Administration of civil and criminal justice involving Mizo customary law.
Ownership and transfer of land. These would not apply to Mizoram unless the State Legislative Assembly so decides.

32. What is the minimum number of members for the Mizoram Legislative Assembly?

The Mizoram Legislative Assembly is to consist of not less than 40 members.

33. What special responsibility does the Governor of Arunachal Pradesh have under Article 371-H?

The Governor of Arunachal Pradesh shall have special responsibility for law and order in the state.

34. How does the Governor of Arunachal Pradesh act in discharging his/her special responsibility for law and order?

The Governor exercises his/her individual judgment, after consulting the Council of Ministers, and his/her decision is final. This special responsibility ceases when the President so directs.

35. What is the minimum number of members for the Arunachal Pradesh Legislative Assembly?

The Arunachal Pradesh Legislative Assembly is to consist of not less than 30 members.

36. What does Article 371-I provide for regarding the Goa Legislative Assembly?

Article 371-I provides that the Goa Legislative Assembly is to consist of not less than 30 members.

37. Under Article 371-J, what special responsibilities is the President empowered to provide for the Governor of Karnataka?

The President is empowered to provide for:

Establishment of a separate development board for Hyderabad-Karnataka region.
Provision for a report on the board’s working to be placed annually before the State Legislative Assembly.
Equitable allocation of funds for developmental expenditure over the region.
Reservation of seats in educational and vocational training institutions in the region for students belonging to the region.
Reservation in state government posts in the region for persons belonging to the region.

38. Which Constitutional Amendment Act inserted Article 371-J?

Article 371-J was inserted by the 98th Constitutional Amendment Act of 2012.

39. What was the aim of the special provisions in Article 371-J for the Hyderabad-Karnataka region?

The aim was to establish an institutional mechanism for equitable allocation of funds for development needs, and to enhance human resources and promote employment by providing for local cadres in service and reservation in educational and vocational training institutions.

40. Which Article deals with Special provision with respect to the states of Maharashtra and Gujarat?

Article 371 deals with Special provision with respect to the states of Maharashtra and Gujarat.

41. Which Article deals with Special provision with respect to the state of Nagaland?

Article 371A deals with Special provision with respect to the state of Nagaland.

42. Which Article deals with Special provision with respect to the state of Assam?

Article 371B deals with Special provision with respect to the state of Assam.

43. Which Article deals with Special provision with respect to the state of Manipur?

Article 371C deals with Special provision with respect to the state of Manipur.

44. Which Article deals with Special provisions with respect to the state of Andhra Pradesh or the state of Telangana?

Article 371D deals with Special provisions with respect to the state of Andhra Pradesh or the state of Telangana.

45. Which Article deals with the Establishment of Central University in Andhra Pradesh?

Article 371E deals with the Establishment of Central University in Andhra Pradesh.

46. Which Article deals with Special provisions with respect to the state of Sikkim?

Article 371F deals with Special provisions with respect to the state of Sikkim.

47. Which Article deals with Special provision with respect to the state of Mizoram?

Article 371G deals with Special provision with respect to the state of Mizoram.

48. Which Article deals with Special provision with respect to the state of Arunachal Pradesh?

Article 371H deals with Special provision with respect to the state of Arunachal Pradesh.

49. Which Article deals with Special provision with respect to the state of Goa?

Article 371-I deals with Special provision with respect to the state of Goa.

50. Which Article deals with Special provisions with respect to the state of Karnataka?

Article 371J deals with Special provisions with respect to the state of Karnataka.

51. What is the title of Part XXI of the Constitution?

Part XXI is entitled “Temporary, Transitional and Special Provisions”.

52. Which Amendment Acts modified Article 371?

Article 371 was amended by the 7th Constitutional Amendment Act of 1956 and the Bombay Reorganisation Act of 1960.

53. Which Amendment Act added Article 371A?

Article 371A was added by the 13th Constitutional Amendment Act of 1962.

54. What does footnote 4 state about the validity of the Governor’s actions?

The validity of anything done by the Governor shall not be called in question on the ground that he/she ought or ought not to have acted in the exercise of his/her individual judgement.

55. Who is the ex-officio Chairman of the Tuensang district regional council?

The Deputy Commissioner of the Tuensang district is the ex-officio Chairman.

56. Which Amendment Act added Article 371B?

Article 371B was added by the 22nd Constitutional Amendment Act of 1969.

57. What are the Tribal Areas of Assam specified in the Sixth Schedule of the Constitution?

They are North Cachar Hills District, Karbi Anglong District, and Bodoland Territorial Areas District.

58. Which Amendment Act added Article 371C?

Article 371C was added by the 27th Constitutional Amendment Act of 1971.

59. What does the expression “Hill Areas” mean in Article 371C?

The expression “Hill Areas” means such areas as the President may, by order, declare to be Hill Areas.

60. Which Amendment Act added Articles 371D and 371E?

Both Articles 371D and 371E were added by the 32nd Constitutional Amendment Act of 1973.

61. When was the Andhra Pradesh Administrative Tribunal set up?

The tribunal was set up by the Andhra Pradesh Administrative Tribunal Order, 1975.

62. Which Amendment Act added Article 371G?

Article 371G was added by the 53rd Constitutional Amendment Act of 1986.

63. Which Amendment Act added Article 371H?

Article 371H was added by the 55th Constitutional Amendment Act of 1986.

64. Which Amendment Act added Article 371-I?

Article 371-I was added by the 56th Constitutional Amendment Act of 1987.

65. What are the six backward districts included in the Hyderabad-Karnataka region?

The Hyderabad-Karnataka region includes Gulbarga, Bidar, Raichur, Koppal, Yadgir, and Bellary.

Chapter 79 Political Parties

1. What are political parties?

Political parties are voluntary associations or organised groups of individuals who share the same political views, try to gain political power through constitutional means, and aim to promote the national interest.

2. What are the four types of political parties in modern democratic states based on their socio-economic and political institutions?

The four types are: reactionary parties, conservative parties, liberal parties, and radical parties.

3. How do political scientists classify parties based on ideologies?

They classify them as leftist parties (radical), centrist parties (liberal), and rightist parties (reactionary and conservative).

4. What are examples of leftist, centrist, and rightist parties in India?

CPI and CPM are examples of leftist parties; the Congress is a centrist party; and the BJP is an example of a rightist party.

5. What are the three kinds of party systems in the world?

The three kinds are: one-party system, two-party system, and multi-party system.

6. Give examples of countries with a one-party system and a two-party system.

Former communist countries like the USSR had a one-party system. The USA and Britain have a two-party system.

7. Give examples of countries with a multi-party system.

France, Switzerland, and Italy have a multi-party system.

8. What are the characteristic features of the Indian party system?

The Indian party system is characterized by a multi-party system, one-dominant party system (historically), lack of clear ideology, personality cult, formation based on traditional factors, emergence of regional parties, factions and defections, and lack of effective opposition.

9. Why has India developed a multi-party system?

Factors contributing to India’s multi-party system include its continental size, diversified society, adoption of universal adult franchise, and peculiar political process.

10. Who called the Indian party system a “one party dominance system” or the “Congress system”?

Rajni Kothari, an eminent political analyst, used these terms.

11. When did the dominant position of the Congress begin to decline?

The dominant position of the Congress began to decline since 1967.

12. What has replaced ideology in Indian politics, according to the text?

Pragmatism has replaced commitment to principles, making politics issue-based rather than ideology-based.

13. What is the criticism regarding personality cult in Indian political parties?

Parties are often organized around an eminent leader who becomes more important than the party itself, leading to the saying that “there are political personalities rather than political parties in India.”

14. What are the traditional factors on which a large number of parties in India are formed?

Many parties in India are formed on the basis of religion, caste, language, culture, and race.

15. What are the consequences of parties being formed on traditional factors?

These parties generally work for the promotion of communal and sectional interests, thereby undermining the general public interest.

16. What has been the role of regional parties in national politics?

Regional parties have come to play a significant role in national politics due to the rise of coalition governments at the Centre.

17. What are some of the manifestations of factionalism and defections in Indian political parties?

Factionalism, defections, splits, mergers, fragmentation, and polarisation have been important aspects, driven by lust for power and material considerations.

18. When did the practice of defections gain greater currency in India?

The practice of defections gained greater currency after the fourth general elections (1967).

19. What are the consequences of defections on political stability?

Defections have caused political instability both at the Centre and in the states, leading to the disintegration of parties.

20. Why has an effective opposition not emerged in India since the first general elections?

Opposition parties have lacked unity and often adopted mutually conflicting positions with respect to the ruling party, failing to play a constructive role in the body politic and nation building.

21. Who registers political parties and grants them recognition as national or state parties?

The Election Commission registers political parties and grants them recognition.

22. What are the privileges associated with recognition as a national or state party?

Recognized parties receive privileges such as allocation of party symbols, provision of time for political broadcasts on state-owned television and radio, and access to electoral rolls.

23. What is the difference in symbol allotment between a national/state party and a registered-unrecognized party?

A national party gets an exclusively reserved symbol throughout the country. A state party gets an exclusively reserved symbol in its state. A registered-unrecognized party can select a symbol from a list of free symbols.

24. What are the three conditions for a party to be recognized as a National Party?

A party is recognized as a national party if it fulfills any of the following:

Secures 6% of valid votes in any four or more states in a Lok Sabha or legislative assembly general election, AND wins 4 Lok Sabha seats from any state.
Wins 2% of Lok Sabha seats in a general election, AND these candidates are elected from three states.
Is recognized as a state party in four states.

25. What are the five conditions for a party to be recognized as a State Party?

A party is recognized as a state party if it fulfills any of the following:

Secures 6% of valid votes in the state in a legislative assembly general election, AND wins 2 seats in the assembly.
Secures 6% of valid votes in the state in a Lok Sabha general election from that state, AND wins 1 seat in the Lok Sabha from that state.
Wins 3% of seats in the legislative assembly in a general election, OR 3 seats, whichever is more.
Wins 1 seat in the Lok Sabha for every 25 seats or any fraction thereof allotted to the state in a general election from that state.
Secures 8% of total valid votes polled in the state in a general election to the Lok Sabha from the state or to the legislative assembly of the state.

26. How many national parties and state parties were there at the time of the First Lok Sabha general elections (1952)?

There were 14 national parties and 39 state parties in 1952.

27. How many national parties and state parties were there on the eve of the Seventeenth Lok Sabha general elections (2019)?

There were 7 national parties and 52 state parties in 2019.

28. Who founded the Indian National Congress (INC) and in what year?

The Indian National Congress (INC) was founded by A.O. Hume in 1885.

29. When was the Shiromani Akali Dal (SAD) formed?

The Shiromani Akali Dal (SAD) was formed in 1920.

30. Who founded the Communist Party of India (CPI) and in what year?

The Communist Party of India (CPI) was founded by M.N. Roy in 1925.

31. Who founded the Jammu & Kashmir National Conference (JKNC) and in what year?

The Jammu & Kashmir National Conference (JKNC) was founded by Sheikh Abdullah in 1939.

32. Who founded the Dravida Munnetra Kazhagam (DMK) and in what year?

The Dravida Munnetra Kazhagam (DMK) was founded by C.N. Annadurai in 1949.

33. When was the Communist Party of India (Marxist) (CPM) formed?

The Communist Party of India (Marxist) (CPM) was formed in 1964.

34. Who founded the Shiv Sena (SHS) and in what year?

The Shiv Sena (SHS) was founded by Bal Thackeray in 1966.

35. Who founded the All India Anna Dravida Munnetra Kazhagam (AIADMK) and in what year?

The All India Anna Dravida Munnetra Kazhagam (AIADMK) was founded by M.G. Ramachandran in 1972.

36. Who founded the Bharatiya Janata Party (BJP) and in what year?

The Bharatiya Janata Party (BJP) was founded by A.B. Vajpayee and L.K. Advani in 1980.

37. Who founded the Telugu Desam Party (TDP) and in what year?

The Telugu Desam Party (TDP) was founded by N.T. Rama Rao in 1982.

38. Who founded the Bahujan Samaj Party (BSP) and in what year?

The Bahujan Samaj Party (BSP) was founded by Kanshi Ram in 1984.

39. Who founded the Asom Gana Parishad (AGP) and in what year?

The Asom Gana Parishad (AGP) was founded by P.K. Mahanta in 1985.

40. Who founded the Samajwadi Party (SP) and in what year?

The Samajwadi Party (SP) was founded by Mulayam Singh Yadav in 1992.

41. Who founded the Rashtriya Janata Dal (RJD) and in what year?

The Rashtriya Janata Dal (RJD) was founded by Lalu Prasad Yadav in 1997.

42. Who founded the Biju Janata Dal (BJD) and in what year?

The Biju Janata Dal (BJD) was founded by Naveen Patnaik in 1997.

43. Who founded the All India Trinamool Congress (AITC) and in what year?

The All India Trinamool Congress (AITC) was founded by Mamata Banerjee in 1998.

44. Who founded the Jammu and Kashmir People’s Democratic Party (PDP) and in what year?

The Jammu and Kashmir People’s Democratic Party (PDP) was founded by Mufti Mohd. Sayeed in 1999.

45. Who founded the Janata Dal (United) (JD (U)) and in what year?

The Janata Dal (United) (JD (U)) was founded by Sharad Yadav in 1999.

46. Who founded the Janata Dal (Secular) (JD(S)) and in what year?

The Janata Dal (Secular) (JD(S)) was founded by H.D. Deve Gowda in 1999.

47. Who founded the Nationalist Congress Party (NCP) and in what year?

The Nationalist Congress Party (NCP) was founded by Sharad Pawar, P.A. Sangma, and Tariq Anwar in 1999.

48. Who founded the Lok Janshakti Party (LJP) and in what year?

The Lok Janshakti Party (LJP) was founded by Ram Vilas Paswan in 2000.

49. Who founded the Telangana Rashtra Samithi (TRS) (Now, Bharat Rashtra Samithi) (BRS) and in what year?

The Telangana Rashtra Samithi (TRS) (Now, Bharat Rashtra Samithi) (BRS) was founded by K. Chandra Shekar Rao in 2001.

50. Who founded the Yuvajana Sramika Rythu Congress Party (YSRCP) and in what year?

The Yuvajana Sramika Rythu Congress Party (YSRCP) was founded by Y.S. Jagan Mohan Reddy in 2011.

51. Who founded the Aam Aadmi Party (AAP) and in what year?

The Aam Aadmi Party (AAP) was founded by Arvind Kejriwal in 2012.

52. Who founded the National People’s Party (NPP) and in what year?

The National People’s Party (NPP) was founded by P.A. Sangma in 2013.

53. What are the two major parties in the US and Britain, as per footnote 1?

In the US, the two parties are Democratic and Republican. In Britain, they are Conservative and Labour.

54. What is the source of Rajni Kothari’s observation on the “Congress System in India,” as per footnote 2?

Rajni Kothari’s observation is from his article “Congress System in India, Asian Survey, Volume 4, No. 12 (December, 1964), pp. 1–18.”

55. What is the source of the Election Symbols (Reservation and Allotment) Order, 1968, as per footnote 3?

The source is “The Election Symbols (Reservation and Allotment) Order, 1968, as amended from time to time.”

56. What were the 14 national parties at the time of the First Lok Sabha general elections (1952), as listed in footnote 5?

The 14 national parties were: Bharatiya Jan Sangh (BJS), Bolshevik Party of India (BPI), Communist Party of India (CPI), Forward Bloc (Marxist Group) (FBL-MG), Forward Bloc (Ruikar Group) (FBL-RG), Hindu Mahasabha (HMS), Indian National Congress (INC), Krishikar Lok Party (KLP), Kisan Mazdoor Praja Party (KMPP), Revolutionary Communist Party of India (RCPI), Ram Rajya Parishad (RRP), Revolutionary Socialist Party (RSP), Scheduled Caste Federation (SCF), and Socialist Party (SP).

57. What were the 7 national parties on the eve of the Seventeenth Lok Sabha general elections (2019), as listed in footnote 6?

The 7 national parties were: Bahujan Samaj Party (BSP), Bharatiya Janata Party (BJP), Communist Party of India (CPI), Communist Party of India (Marxist) (CPM), Indian National Congress (INC), Nationalist Congress Party (NCP), and All India Trinamool Congress (AITC).

Chapter 80 Role of Regional Parties

1. What is a key feature of the Indian Political System regarding parties?

A key feature is the presence of a large number of regional parties.

2. What is the primary area of operation for a regional party?

A regional party generally operates within a particular state or specific region, with its electoral base limited to a single region.

3. What do regional parties articulate and identify with?

They articulate regional interests and identify with a particular cultural, religious, linguistic, or ethnic group.

4. What are regional parties primarily concerned with?

They are primarily concerned with exploiting local resources of discontent or preserving a variety of primordial demands based on language, caste, community, or region.

5. What is the focus of regional parties in terms of issues and political power?

They focus on local or regional issues and aim to capture political power at the state level.

6. What is a common political desire of regional parties in the Indian Union?

They have a political desire for greater regional autonomy of states in the Indian Union.

7. What are the four categories into which regional parties in India can be classified?

The four categories are:

Parties based on regional culture or ethnicity.
Parties with an all-India outlook but lacking a national electoral base.
Parties formed by a split in national parties.
Personalized parties formed by individual charismatic leaders.

8. Give examples of regional parties based on regional culture or ethnicity.

Examples include Shiromani Akali Dal, National Conference, DMK, Telugu Desam, Shiv Sena, and Asom Gana Parishad.

9. Give examples of regional parties with an all-India outlook but lacking a national electoral base.

Examples include Samajwadi Party and Nationalist Congress Party.

10. Give examples of regional parties formed by a split in national parties.

Examples include Biju Janata Dal, Rashtriya Janata Dal, Trinamool Congress, and YSR Congress.

11. What are personalized parties, and what is their typical lifespan?

Personalized parties are formed by individual leaders based on their charismatic personality and are typically short-lived.

12. What are the multiple reasons for the emergence of regional parties in India?

Reasons include:

Cultural and ethnic pluralism.
Economic disparities and regional imbalances.
Desire to maintain separate identity due to historical factors.
Self-interest of deposed Maharajas and dispossessed Zamindars.
Failure of national parties to meet regional aspirations.
Reorganisation of states on language basis.
Charismatic personality of regional leaders.
Factional fights within larger parties.
Centralising tendencies of the Congress party.
Absence of a strong opposition party at the central level.
Role of caste and religion in politics.
Alienation and discontentment among tribal groups.

13. What is one of the positive roles played by regional parties in Indian politics regarding governance?

They have provided better governance and a stable government at the regional level.

14. How have regional parties impacted the one-party dominant system in the country?

They have posed a challenge to the one-party dominant system and led to a decline in the domination of the Congress party.

15. What impact have regional parties had on centre-state relations?

They have made a strong impact on centre-state relations, making the central leadership more responsive to regional needs due to tension and demands for greater autonomy.

16. How have regional parties affected political competitiveness and popular participation?

They have made politics more competitive and popular participation in the political process more extensive at the grass roots.

17. How have regional parties widened the choice for voters?

They have widened the choice for voters in both parliamentary and assembly elections, allowing voters to vote for parties promoting their state/region’s interests.

18. How have regional parties influenced political consciousness and attention to local issues?

They have increased the political consciousness of the people and their interest in politics, bringing local or regional issues to the attention of the masses.

19. How have regional parties acted as a check against dictatorial tendencies of the central government?

They opposed the ruling Congress party at the center on certain issues and forced the dominant party to be more reasonable in its approach to conflict resolution.

20. How have regional parties contributed to the successful functioning of parliamentary democracy?

They have played a successful role as ruling parties in some states and opposition parties at the center, ensuring the minority has its say.

21. What partisan role have regional parties exposed regarding Governors?

They have succeeded in exposing the partisan role of Governors in the appointment and dismissal of Chief Ministers, issuing ordinances, and reserving bills for presidential consideration.

22. What role have regional parties assumed in national politics after the era of coalition politics?

They have assumed an important role in national politics, joining coalition governments at the centre and sharing power with national parties.

23. What is a negative aspect of regional parties regarding regional versus national interests?

They have given more importance to regional interests rather than national interests, neglecting the implications of their narrow approach to national issues.

24. What negative tendencies have regional parties encouraged, hindering national integration?

They have encouraged regionalism, casteism, linguism, communalism, and tribalism, which have become hurdles to national integration.

25. What role have regional parties played in the unresolution of inter-state disputes?

They are responsible for the unresolution of inter-state water disputes, inter-state border disputes, and other inter-state issues.

26. What forms of misutilisation of power have regional parties indulged in?

They have indulged in corruption, nepotism, favouritism, and other forms of misutilisation of power to promote self-interest.

27. What impact have regional parties’ focus on populist schemes had on state economy and development?

Their focus on populist schemes has adversely affected the state economy and development.

28. How do regional parties influence decision-making and policy-making in coalition governments at the centre?

They bring in regional factors in decision-making and policy-making, forcing the central leadership to yield to their demands.

29. What is the source of Stanley A. Kochnock’s observation on regional parties, as per footnote 1?

The observation is from Ram Reddy, G. and Sharma, B.A.V., Regionalism in India – A Study of Telangana, Concept Publishers, New Delhi, 1979, pp. 87–88.

30. What is the source of P.R. Brass’s work on the politics of India, as per footnote 2?

The source is Brass, P.R., The Politics of India Since Independence, Second Edition, Cambridge University Press, Cambridge, UK, 1993, p. 89.

31. What is the source of K.R. Bombwall’s work on regional parties, as per footnote 3?

The source is Bombwall, K.R., Regional parties in Indian politics: A preview. In Bhatnagar, S. and Kumar, P. (Eds) Regional Political Parties in India, ESS Publications, Delhi, 1988, pp. 1–16.

32. What is the source of J.R. Siwach’s work on Indian government and politics, as per footnote 6?

The source is Siwach, J.R., Dynamics of Indian Government and Politics, Second Edition, Sterling Publishers Private Limited, New Delhi, 1990, p. 865.

Chapter 81 Elections

1. Which Articles in the Constitution deal with the electoral system in India?

Articles 324 to 329 in Part XV of the Constitution deal with the electoral system.

2. What does Article 324 provide for regarding the conduct of elections?

Article 324 provides for an independent Election Commission to ensure free and fair elections. The power of superintendence, direction, and control of elections to Parliament, state legislatures, President, and Vice-President is vested in the Commission.

3. What system has the Constitution abolished regarding electoral rolls?

The Constitution has abolished the system of communal representation and separate electorates.

4. On what grounds is a person not ineligible for inclusion in the electoral roll?

No person is ineligible for inclusion in the electoral roll on grounds only of religion, race, caste, sex, or any of them.

5. What is the basis for elections to the Lok Sabha and state assemblies?

Elections to the Lok Sabha and state assemblies are on the basis of adult franchise.

6. What is the voting age in India?

Every person who is a citizen of India and 18 years of age is entitled to vote, unless disqualified.

7. What disqualifications can prevent a person from voting?

Disqualifications can be based on non-residence, unsound mind, crime, or corrupt or illegal practice, as per the Constitution or appropriate legislature.

8. What powers does Parliament have regarding elections to the Parliament and state legislatures?

Parliament may make provisions for all matters relating to elections, including electoral rolls and delimitation of constituencies.

9. What powers do state legislatures have regarding elections to the state legislatures?

State legislatures can also make provisions for all matters relating to elections to state legislatures, but they can only supplement parliamentary law and cannot override it.

10. Can the validity of any law relating to the delimitation of constituencies or allotment of seats be questioned in any court?

No, the Constitution declares that the validity of such laws cannot be questioned in any court.

11. What is the finality of orders issued by the Delimitation Commission?

Orders issued by the Delimitation Commission become final and cannot be challenged in any court.

12. How can an election to Parliament or a state legislature be questioned?

It can be questioned only by an election petition presented to such authority and in such manner as provided by the appropriate legislature.

13. Since when are election petitions triable by high courts alone, and where does the appellate jurisdiction lie?

Since 1966, election petitions are triable by high courts alone, but the appellate jurisdiction lies with the Supreme Court alone.

14. What does Article 323B empower the appropriate legislature to establish for election disputes?

Article 323B empowers the appropriate legislature (Parliament or state legislature) to establish a tribunal for the adjudication of election disputes.

15. Does Article 323B provide for the exclusion of court jurisdiction in election disputes?

Yes, it provides for the exclusion of the jurisdiction of all courts (except the special leave appeal jurisdiction of the Supreme Court) in such disputes.

16. Has an election tribunal been established under Article 323B so far?

No, no such tribunal has been established so far.

17. What did the Supreme Court declare about the provision for election tribunals in 1997?

In 1997, the Supreme Court declared this provision as unconstitutional.

18. What is the implication if an election tribunal is established, regarding appeals?

If an election tribunal is established, an appeal from its decision lies to the high court.

19. What is the composition of the Election Commission of India (ECI)?

The ECI is a three-member body, with one Chief Election Commissioner and two Election Commissioners.

20. Who appoints the Chief Election Commissioner and the Election Commissioners?

The President of India appoints them.

21. Who supervises election work in a State/Union Territory?

The Chief Electoral Officer (CEO) of a State/Union Territory supervises the election work, subject to the ECI’s superintendence.

22. Who nominates or designates the Chief Electoral Officer?

The Election Commission of India nominates or designates an officer of the State/Union Territory Government as the CEO in consultation with that State Government/Union Territory Administration.

23. Who supervises election work in a district?

The District Election Officer (DEO) supervises the election work in a district.

24. Who nominates or designates the District Election Officer?

The Election Commission of India nominates or designates an officer of the State Government as the DEO in consultation with the State Government.

25. Who is responsible for the conduct of elections in a Parliamentary or assembly constituency?

The Returning Officer (RO) is responsible for the conduct of elections.

26. Who nominates or designates the Returning Officer?

The Election Commission of India nominates or designates an officer of the Government or a local authority as the RO in consultation with the State Government/Union Territory Administration.

27. Who is responsible for the preparation of electoral rolls?

The Electoral Registration Officer (ERO) is responsible for the preparation of electoral rolls for a Parliamentary/assembly constituency.

28. Who appoints the Electoral Registration Officer?

The Election Commission of India, in consultation with the State/UT government, appoints an officer of the government or local authorities as the ERO.

29. Who conducts the poll at a polling station?

The Presiding Officer conducts the poll at a polling station with the assistance of polling officers.

30. Who appoints the Presiding Officers and Polling Officers?

The District Election Officer appoints them. In Union Territories, such appointments are made by the Returning Officers.

31. Who nominates Observers for Parliamentary and Assembly Constituencies?

The Election Commission of India nominates officers of Government as Observers.

32. What is the role of General Observers?

The Commission deploys General Observers to ensure smooth conduct of elections and keep a close watch on every stage of the electoral process for free and fair elections.

33. What is the role of Expenditure Observers?

The Commission appoints Expenditure Observers and Assistant Expenditure Observers to monitor the election expenditure of contesting candidates.

34. What is the role of Police Observers?

The Commission deploys IPS officers as Police Observers at State and District levels to monitor activities relating to force deployment, law and order, and coordination between Civil and Police administration for free and fair elections.

35. What is the term for elections to the Lok Sabha and state Legislative Assemblies?

Elections have to take place every five years, unless called earlier.

36. Under what conditions can the President dissolve the Lok Sabha and call a General Election before five years?

The President can dissolve the Lok Sabha if the Government can no longer command confidence and no alternative government is available.

37. What is the maximum time period between the last session of a dissolved Lok Sabha and the recalling of the new House?

There can be no longer than six months between the last session of a dissolved Lok Sabha and the recalling of the new House.

38. When does the Model Code of Conduct come into effect?

The Model Code of Conduct comes into effect immediately after the Election Commission announces the schedule of elections.

39. What is the timeline for candidates to file nominations and for withdrawal after notifications are issued?

Candidates can start filing nominations for one week. Validly nominated candidates can withdraw within two days after nominations have been scrutinised.

40. What is required for a candidate to make an oath or affirmation?

A candidate is required to make and subscribe an oath or affirmation before an officer authorized by the Election Commission, such as the Returning Officer or Assistant Returning Officer, immediately after presenting nomination papers and no later than the day previous to scrutiny.

41. What is the duration of the official election campaign?

The official campaign lasts at least two weeks from the drawing up of the list of nominated candidates, and officially ends 48 hours before polling closes.

42. What is the purpose of the Model Code of Conduct during election campaigns?

The Model Code of Conduct aims to maintain election campaigns on healthy lines, avoid clashes and conflicts, ensure peace and order, and prevent the ruling party from using its official position for campaign purposes.

43. How are ballot papers printed after candidate nominations are complete?

Ballot papers are printed with the names of candidates (in languages set by the Election Commission) and the symbols allotted to each candidate.

44. Since when has the Election Commission increasingly used Electronic Voting Machines (EVMs)?

The Commission has increasingly used EVMs since 1998.

45. When were EVMs used for the first time in general elections for an entire state?

EVMs were used for the first time in the general elections for the entire state of Goa in 1999.

46. When did the Election Commission take the historic decision to use only EVMs for the Lok Sabha election?

The historic decision to use only EVMs for the Lok Sabha election was taken in 2004.

47. What are the advantages of EVMs over the traditional ballot paper/ballot box system?

Advantages include:

Eliminates possibility of invalid and doubtful votes.
Makes counting of votes much faster.
Reduces paper quantity, making the process eco-friendly.
Reduces printing cost (almost nil).

48. How is voting procedure conducted at polling stations?

Voting is by secret ballot. Polling stations are usually set up in public institutions, with one polling station within two kilometres of every voter, and no more than 1200 voters per station.

49. What steps are taken to verify an elector’s identity at the polling station?

On entering, the elector is checked against the electoral roll, identity document is verified, indelible ink is applied on the left forefinger, and a voter slip is issued.

50. What is the role of Observers in supervising elections?

Observers ensure the campaign is conducted fairly and that people are free to vote as they choose. Election expenditure Observers check candidate and party spending.

51. How is media coverage facilitated during elections?

Media are encouraged and provided with facilities to cover the election process and counting halls, subject to maintaining the secrecy of the vote.

52. What are the Election Commission’s stipulations regarding the publication of opinion polls and exit polls?

Results of opinion polls cannot be published between two days before polling starts and after poll closes. Results of exit polls can only be published after half an hour of polling ends on the last day.

53. How are votes counted after polling, and who declares the winner?

Votes cast in EVMs are counted under the supervision of Returning Officers and Observers. The Returning Officer declares the winner (candidate with maximum votes).

54. How are elections to the Lok Sabha and State Assemblies carried out?

Elections are carried out using a first-past-the-post electoral system, with the country/states divided into single-member constituencies, and electors casting one vote for a candidate.

55. What happens after the Election Commission compiles the list of elected members?

The Election Commission issues a Notification for the due constitution of the House, and the President (for Lok Sabha) or Governors (for State Assemblies) can then convene their respective Houses.

56. Who can file an election petition, and how is it treated?

Any elector or candidate can file an election petition if they suspect malpractice. It is treated as a contest involving the whole constituency, not an ordinary civil suit.

57. Who tries election petitions, and what is the consequence if one is upheld?

Election petitions are tried by the High Court of the state involved. If upheld, it can lead to the restaging of the election in that constituency.

58. How many general elections have been held to the Lok Sabha till now?

Till now, seventeen general elections have been held to the Lok Sabha.

59. What was the number of elective seats in the First Lok Sabha election (1952)?

The number of elective seats was 489.

60. Which party won the most seats in the First Lok Sabha election (1952)?

The Congress won the most seats with 364.

61. What was the number of elective seats in the Second Lok Sabha election (1957)?

The number of elective seats was 494.

62. Which party won the most seats in the Second Lok Sabha election (1957)?

The Congress won the most seats with 371.

63. What was the number of elective seats in the Third Lok Sabha election (1962)?

The number of elective seats was 494.

64. Which party won the most seats in the Third Lok Sabha election (1962)?

The Congress won the most seats with 361.

65. What was the number of elective seats in the Fourth Lok Sabha election (1967)?

The number of elective seats was 520.

66. Which party won the most seats in the Fourth Lok Sabha election (1967)?

The Congress won the most seats with 283.

67. What was the number of elective seats in the Fifth Lok Sabha election (1971)?

The number of elective seats was 518.

68. Which party won the most seats in the Fifth Lok Sabha election (1971)?

The Congress won the most seats with 352.

69. What was the number of elective seats in the Sixth Lok Sabha election (1977)?

The number of elective seats was 542.

70. Which party won the most seats in the Sixth Lok Sabha election (1977)?

The Janata won the most seats with 298.

71. What was the number of elective seats in the Seventh Lok Sabha election (1980)?

The number of elective seats was 542.