Constitutional, Statutory & Election Bodies: previous-year questions

Answer: (A) Finance Commission – Article 324

The Finance Commission is constituted under Article 280, not Article 324; Article 324 provides for the Election Commission, so pair A is the wrong match while D is correct. Article 148 deals with the Comptroller and Auditor-General and Article 315 with the Public Service Commissions for the Union and the States. More body-article pairs to memorise: Attorney-General, 76; Advocate-General, 165; State Finance Commission, 243-I; State Election Commission, 243K; Inter-State Council, 263; GST Council, 279A; National Commissions for SCs, STs and Backward Classes, 338, 338A and 338B. The Finance Commission is appointed by the President every five years to recommend how central taxes are shared with the States.

Answer: (C) Both (I) and (II)

Both statements are correct. A constitutional body is created by the Constitution itself: the Finance Commission is provided for in Article 280. A statutory body is created by an Act of Parliament: the National Commission for Women was set up in January 1992 under the National Commission for Women Act, 1990. More examples: constitutional, Election Commission (324), UPSC (315), CAG (148), National Commissions for SCs (338), STs (338A) and Backward Classes (338B), GST Council (279A); statutory, NHRC (1993 Act), Central Information Commission (RTI Act, 2005), Central Vigilance Commission (2003 Act), Lokpal (2013 Act) and the National Green Tribunal (2010 Act). NITI Aayog is neither, being created by an executive resolution.

Answer: (C) Article 338

Article 338 provides for the National Commission for Scheduled Castes (originally a combined commission for SCs and STs; the ST commission was separated into Article 338A by the 89th Amendment, 2003). Article 334 deals with the period of reservation of seats, Article 337 with grants for the Anglo-Indian community and Article 339 with control over the administration of Scheduled Areas.

Answer: (C) Article 310.

Article 310 states that civil servants of the Union and the States hold office during the pleasure of the President or the Governor — the doctrine of pleasure. Article 312 deals with All-India Services, Article 317 with removal of PSC members and Article 318 with regulations for PSC members' conditions of service.

Answer: (D) Supreme Court of India.

Under Article 317 a member of a State PSC can be removed for misbehaviour by the President only after the Supreme Court, on a reference, holds an enquiry and recommends removal. The Governor can only suspend the member pending the reference; neither a parliamentary committee nor the High Court has this role.

Answer: (D) President of India.

Under Article 324(2) the Chief Election Commissioner and other Election Commissioners are appointed by the President. The Prime Minister, Chief Justice or Vice-President may have a role in recommending or selecting, but the appointing authority is the President.

Answer: (B) Article 76

Article 76 provides for the Attorney-General of India, appointed by the President. Article 78 lays down the Prime Minister's duties, Article 67 the Vice-President's term and Article 113 the procedure for estimates in Parliament.

Answer: (B) President

Article 318 empowers the President to make regulations determining the number of members of the UPSC and their conditions of service. The Home Ministry and Cabinet Secretary have no constitutional power here, and the Vice-President has no role.

Answer: (C) The President.

Under Article 323 the UPSC presents an annual report on its work to the President, who causes it to be laid before both Houses of Parliament with a memorandum. Parliament receives it only through the President, so (B) is the tempting wrong option.

Answer: (A) Election Commission.

The Election Commission recognises political parties as national or state parties and allots symbols under the Election Symbols (Reservation and Allotment) Order, 1968. The Speaker only recognises parties' strength within the House for parliamentary purposes, and the President and Law Commission have no such role.

Answer: (C) The Attorney General of India

Article 76 creates the office of the Attorney General, the highest law officer of the Government of India. The Solicitor General is a statutory office below the Attorney General, and the other options are not law officers under the Constitution.

Answer: (C) Ministry of Commerce and Industry

Answer as of 2023 — this may have changed since.

The Intellectual Property Appellate Board was set up in 2003 under the Ministry of Commerce and Industry, which administers patents, trademarks and copyright through DPIIT. The other ministries do not handle intellectual property. The Board was abolished by the Tribunals Reforms Act, 2021 and its work moved to the High Courts.

Answer: (A) Prime Minister of India

The National Water Resources Council, set up in 1983 to frame national water policy, is chaired by the Prime Minister, with the Union Water Resources Minister as vice-chairman and Chief Ministers as members. The Water Resources Minister is therefore the tempting wrong option.

Answer: (A) Rajendra Prasad

Dr Rajendra Prasad, the first President (1950-62), is the only person elected President twice, in 1952 and again in 1957, and he is the longest-serving President. Dr S. Radhakrishnan was the first Vice-President (two terms) and the second President (1962-67). V. V. Giri (fourth President, 1969) was the first acting President to be elected and won on second-preference votes. Shankar Dayal Sharma was the ninth President (1992-97).

Answer: (C) The Comptroller & Auditor General of India

The Comptroller and Auditor General (Article 148) audits all receipts and spending of the Union and the States and is therefore called the guardian of the public purse; Dr Ambedkar considered the CAG the most important officer under the Constitution. The CAG is appointed by the President, holds office for 6 years or up to the age of 65, and is removable like a Supreme Court judge. The CAG's reports are examined by the Public Accounts Committee, whose 'friend, philosopher and guide' the CAG is.

Answer: (C) Securities and Exchange Board of India

SEBI is the Securities and Exchange Board of India, the regulator of the stock and securities market. It was set up in 1988 and given statutory powers by the SEBI Act, 1992, following the securities scam; its headquarters is in Mumbai. Note that it is a 'Board', not a 'Bank', which is the trap in option B. Other regulators: RBI (banking), IRDAI (insurance), PFRDA (pensions).

Answer: (B) the Vice-President

Under Articles 64 and 89 the Vice-President of India is the ex-officio Chairman of the Rajya Sabha; he is not a member of the House and votes only in case of a tie (casting vote). The Deputy Chairman, by contrast, is elected by the Rajya Sabha from among its own members. When the Vice-President acts as President, he does not perform the duties of the Chairman. The Lok Sabha is presided over by the Speaker, who is elected by its members.

Answer: (D) elected by an electoral college constituted by members of the two Houses of the Parliament.

Under Article 66 the Vice-President is elected by an electoral college consisting of all members of both Houses of Parliament, elected as well as nominated, by proportional representation through the single transferable vote and secret ballot. Contrast with the President's election (Article 54): only elected MPs and elected MLAs vote there, and nominated members do not. State legislatures have no role in the Vice-President's election. Minimum age is 35, and the candidate must be qualified to be a Rajya Sabha member.

Answer: (C) Attorney General of India

The Attorney General of India (Article 76) is the highest or first law officer of the Union Government. He is appointed by the President, must be qualified to be a Supreme Court judge, holds office during the President's pleasure, has the right of audience in all courts in India and can take part in the proceedings of Parliament without the right to vote (Article 88). He is assisted by the Solicitor General. The first Attorney General was M. C. Setalvad. The Chief Justice of India heads the judiciary, not the Government's legal team.

Answer: (C) President

'Constructed' here means constituted. Under Article 324(2) the Chief Election Commissioner and the other Election Commissioners are appointed by the President; the Commission has been a three-member body since 1993, and the CEC can be removed only in the manner of a Supreme Court judge. Since the Chief Election Commissioner and Other Election Commissioners Act, 2023, the President appoints them on the recommendation of a committee of the Prime Minister, a Union Cabinet Minister and the Leader of the Opposition in the Lok Sabha. The first CEC was Sukumar Sen; the Vice-President, Prime Minister alone and CJI have no appointing role.