Constitutional Bodies (powers, functions and responsibilities)
Content
1. Election Commission of India
2. CAG: The Comptroller and Auditor General of India
3. Union Public Service Commission
4. National Commission for SCs and STs
6. Attorney General
7. Solicitor General of India
8. Finance Commission
Election Commission of India
The Constitution of India has vested in the Election Commission (EC) of India according to the article 324 of Indian constitution the superintendence, direction and control of the entire process for conduct of elections to Parliament and Legislature (state legislative assembly & state legislative council) of every State and to the offices ofPresident and Vice-President of India.
Originally, the commission had only a Chief Election Commissioner. It currently consists of a Chief Election Commissioner and two Election Commissioners. For the first time two additional Commissioners were appointed on 16th October 1989 but they had a very short tenure till 1st January 1990. Later, on 1st October 1993 two additional Election Commissioners were appointed. The concept of multi-member Commission has been in operation since then, with decision making power by majority vote.
Appointment & Tenure of Commissioners
1) The President appoints Chief Election Commissioner and Election Commissioners.
2) They have tenure of six years, or up to the age of 65 years, whichever is earlier.
3) They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.
4) The Chief Election Commissioner can be removed from office only through impeachment by Parliament.
Advisory Jurisdiction & Quasi-Judicial Functions
1. Under the Constitution, the Commission also has advisory jurisdiction in the matter of post election disqualification of sitting members of Parliament and State Legislatures. Further, the cases of persons found guilty of corrupt practices at elections which come before the Supreme Court and High Courts are also referred to the Commission for its opinion on the question as to whether such person shall be disqualified and, if so, for what period. The opinion of the Commission in all such matters is binding on the President or, as the case may be, the Governor to whom such opinion is tendered.
2. The Commission has the power to disqualify a candidate who has failed to lodge an account of his election expenses within the time and in the manner prescribed by law.
3. The Commission has also the power for removing or reducing the period of such disqualification as also other disqualification under the law.
Administrative Powers
1. To determine the territorial areas of the electoral constituencies throughtout the country on the basis of the Delimitation Commision Act of Parliament.
2. To prepare and periodically revise electoral rolls and to register all eligible voters.
3. To notify the dates & schedules of election and to scrutinize the nominations papers.
4. To grant recognition to political parties & allot election symbols to them.
5. To act as court for settling disputes related to granting of recognition to political parties and allotment of election symbol to them.
6. Etc etc
Some Questions related to EC to get grip over topic.
Q 1. Which authority conducts elections to the offices of the President and Vice-President of India ?
Ans. Election Commission of India (ECI)
Under Article 324(1) of the Constitution of India, the Election Commission of India, interalia, is vested with the power of superintendence, direction and control of conducting the elections to the offices of the President and Vice-President of India. Detailed provisions are made under the Presidential and Vice Presidential Elections Act, 1952 and the rules made thereunder.
Q 2. Which authority conducts elections to Parliament?
Ans.Election Commission of India (ECI)
The same Article 324 also vests in the Commission the powers of superintendence, direction and control of the elections to both Houses of Parliament. Detailed provisions are made under the Representation of the People Act, 1951 and the rules made there under.
Q 3. Which authority conducts elections to the State Legislative Assemblies and Legislative Councils?
Ans.Election Commission of India (ECI)
Article 324 (1) also vests in the Commission the powers of superintendence, direction and control of the elections to both Houses of the State Legislature. Detailed provisions are made under the Representation of the People Act, 1951 and the rules made there under.
Q 4. Which authority conducts elections to Corporations, Municipalities and other Local Bodies ?
Ans.The State Election Commissions (SECs)
The State Election Commissions constituted under the Constitution (Seventy-third and Seventy-fourth) Amendments Act, 1992 for each State / Union Territory are vested with the powers of conduct of elections to the Corporations, Muncipalities, Zilla Parishads, District Panchayats, Panchayat Samitis, Gram Panchayats and other local bodies. They are independent of the Election Commission of India.
Q 5. What is the present composition of the Election Commission?
Ans.A Three - Member Body
At present, the Election Commission of India is a three-member body, with one Chief Election Commissioner and two Election Commissioners.
Q 6. Has the Election Commission been a multi-member body from the beginning?
Ans.No.
It was not a multi member body from the beginning. It was a single - member body when it was first set up in 1950 and up to 15th October, 1989 with only the Chief Election Commissioner. From 16th October, 1989 upto the 1st January, 1990, it became a three-member body with R.V.S.Peri Sastri (C.E.C) and S.S.Dhanoa and V.S.Seigell as Election Commissioners. From 2nd January, 1990 to 30th September, 1993, it was a single-member Commission and again from 1st October, 1993 it has become a three-member Commission.
Q 7. What is the status Chief Election Commissioner and the Election Commissioners in terms of salaries and allowances etc.?
Ans.Equivalent to Supreme Court Judges.
The Chief Election Commissioner and the two Election Commissioners draw salaries and allowances at par with those of the Judges of the Supreme Court of India as provided for by the Chief Election Commissioner and other Election Commissioners (Conditions of Service) Rules, 1992.
Q 8. What is the term of office of the Chief Election Commissioner? Is it different from the Election Commissioners?
Ans.The Chief Election Commissioner or an Election Commissioner holds office for a term of six years from the date on which he assumes his office. However, where the Chief Election Commissioner or an Election Commissioner attains the age of sixty-five years before the expiry of the said term of six years, he shall vacate his office on the the date on which he attains sixty-five years of age.
Q 9. When the Commissioner becomes a multi-member Commission, how are the decisions taken, whether by majority or by consensus?
Ans.Section 10 of the Chief Election Commissioner and other Election Commissioners (Conditions of Service) Amendment Act, 1993 is reproduced below:-
(1) The Election Commission may be by unanimous decision, regulate the procedure for transaction of to business as also allocation of its business amongst the Chief Election Commissioner and their Election Commissioners.
(2) Save as provided in sub section (i) all business of the Election Commission shall, as far as possible, be transacted unanimously.
(3) Subject to the provisions of sub-section (ii), if the Chief Election Commissioner and other Election Commissioners differ in opinion on any matter, such matter shall be decided by according to the opinion of the majority.
Q 10. Who appoints the Chief Election Commissioners and Election Commissioners?
Ans.The President.
Under Article 324(2) of the Constitution of India, the President of India is empowered to appoint the Chief Election Commissioner and the Election Commissioners.
Q 11. Who fixes the number of Election Commissioners (other than Chief Election Commissioner)?
Ans.The President.
Article 324(2) also empowers the President of India to fix from time to time the number of Election Commissioners other than the Chief Election Commissioner.
Q 12. Who supervises the election work in a State ?
Ans.The Chief Electoral Officer (CEO).
As per section 13A of the Representation of the People Act 1950, read with section 20 of the Representation of the People Act, 1951, the Chief Electoral Officer of a State/ Union Territory is authorised to supervise the election work in the State/Union Territory subject to the overall superintendence, direction and control of the Election Commission.
Q 13. Who appoints the Chief Electoral Officer?
Ans.Election Commission of India (ECI)
The Election Commission of India nominates or designates an Officer of the Government of the State/Union Territory as the Chief Electoral Officer in consultation with that State Government/Union Territory Administration.
Q 14. Who supervises the election work in a District?
Ans.The District Election Officer (DEO)
As per section 13AA of the Representation of the People Act 1950, subject to the superintendence, direction and control of the Chief Electoral Officer, the District Election Officer supervises the election work of a district.
Q 15. Who appoints the District Election Officer?
Ans.Election Commission of India (ECI).
The Election Commission of India nominates or designates an Officer of the State Government as the District Election Officer in consultation with the State Government.
Q 16. Who is responsible for the conduct of elections in any Parliamentary or Assembly constituency ?
Ans.Returning Officer (RO)
The Returning Officer of a parliamentary or assembly constituency is responsible for the conduct of elections in the parliamentary or assembly constituency concerned as per section 21 of the Representation of the People Act 1951.
Q 17. Who appoints the Returning Officer?
Ans.Election Commission of India (ECI)
The Election Commission of India nominates or designates an officer of the Government or a local authority as the Returning Officer for each of the assembly and parliamentary constituencies in consultation with the State Government/Union Territory Administration. In addition, the Election Commission of India also appoints one or more Assistant Returning Officers for each of the assembly and parliamentary constituencies to assist the Returning Officer in the performance of his functions in connection with the conduct of elections.
Q 18. Who is responsible for the preparation of electoral rolls for a Parliamentary or Assembly Constituency?
Ans.Electoral Registration Officer (ERO)
The Electoral Registration officer is responsible for the preparation of electoral rolls for a parliamentary / assembly constituency.
Q 19. Who conducts the poll at a polling station?
Ans.Presiding Officer
The Presiding Officer with the assistance of polling officers conducts the poll at a polling station.
Q 20. Who appoints the Electoral Registration officer?
Ans.Under section 13B of the Representation of the People Act, 1950, the Election Commission of India, in consultation with the State / UT Government, appoints an Officer of the Government or the Local Authorities as the Electoral Registration Officer. In addition, the Election Commission of India also appoints one or more Assistant Electoral Registration Officers to assist the Electoral Registration Officer in the performance of his functions in the matter of preparation / revision of electoral rolls.
Q 21. Who appoints Presiding Officers and Polling Officers?
Ans.District Election Officer (DEO)
Under section 26 of the Representation of the People Act 1951, the District Election Officer appoints the Presiding Officers and the Polling Officers. In the case of Union Territories, such appointments are made by the Returning Officers.
Q 22. Who appoints Observers?
Ans.Election Commission of India (ECI)
Under section 20B of the Representationof the People Act 1951, the Election Commission of India nominates officers of Government as Observers (General Observers and Election Expenditure Observers) for parliamentary and assembly constituencies. They perform such functions as are entrusted to them by the Commission. Earlier, the appointment of Observers was made under the plenary powers of the Commission. But with the amendments made to the Representation of the People Act, 1951 in 1996, these are now statutory appointments. They report directly to the Commission.
Q 2. Who elects the President of India?
Ans.The President is elected by the members of an electoral college consisting of the elected members of both the Houses of Parliament and the elected members of the Legislative Assemblies of States and the Union Territories of Delhi and Pondicherry.
Q 3. What is the manner of election of President?
Ans.According to Article 55 of the Constitution, as for as practicable, there has to be uniformity in the scale of representation of the different states at the election of the President. For the purpose of securing such uniformity among the States, the number of votes to which each State is entitled is determined as follows:-
(a)every elected member of the legislative assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the state by the total number of elected members of the Assembly;
(b)If after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member shall be further increased by one;
(c)each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the State Legislation Assemblies by the total number of elected members of both the House of Parliament fractions exceeding one-half being counted as one and & other fractions being disregarded.
The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting shall be by secret ballot.
Q 4.What is the term of office of President?
Ans.The President shall hold office for a term of five years from the date on which he enters upon his office.
Q 5. Will there be any situation in which the President demits office before the five year term?
Ans.Yes
There will be two such situations. The first is when the President resigns his office by writing under his hand addressed to the President and the second when the President is removed from office by impeachment for violation of the constitution.
Q 6. What is the procedure for impeachment of the President?
Ans.According to Article 61 of the Constitution, when a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament. No such change shall be preferred unless (a) the proposal to prefer such change is contained in a resolution which has been moved after at least fourteen days' notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and (b) such resolution has been passed by a majority of not less than two-third of the total membership of the House.
Q 7. Is the President eligible for election for a second term?
Ans.Yes
According to Article 57 of the Constitution, a President is eligible for re-election to that office.
Q 8. What are the qualifications for election as President?
Ans.According to Article 58 of the Constitution, no person shall be eligible for election as President unless he is a citizen of India, has completed the age of thirty-five years and is qualified for election as a member of the House of the People. A person shall not be eligible if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Government.
Q 9. Can a Member of Parliament or the State Legislature become the President?
Ans.The President shall not be a member of either House of Parliament or of a House of the Legislature of any state and if any such member is elected President he shall be claimed to have vacated his seat in that House on the date on which he enters upon office as President.
Q 10. Who elects the Vice-President of India?
Ans.The Vice-President is elected by the members of an electoral college consisting of the members of both House of Parliament.
Q 11. What is the manner of election of Vice-President?
Ans.The election is in accordance with the system of proportional representation by means of the single transferred vote and the voting is by secret ballot.
Q 12.What is the term of office of Vice-President?
Ans.The Vice-President shall hold office for a term of five years from the date on which he enters upon his office.
Q 13. Will there be any situation in which the Vice-President demits office before the five-year term?
Ans.Yes
There will be two such situations. The first is when the Vice-President resigns his office by writing under his hand addressed to the President and the second when he is removed from office.
Q 14. What is the procedure for removal of the Vice-President?
Ans.The Vice-President may be removed from his office by a resolution of the Council of States by a majority of all the members of the Council and agreed to by the House of the People. No such resolution shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution.
Q 15. What are the qualifications for election as Vice-President?
Ans.According to Article 66 of the constitution, no person shall be eligible for election as Vice-President unless he is a citizen of India, has completed the age of thirty-five years and is qualified for election as a member of the Council of States. A person shall not be eligible if he holds any office of profit under any local or other authority subject to the control of any of the said Governments.
Q 16. Is there any provision for challenging the election of President or Vice-President?
Ans.Yes
According to Article 71 of the Constitution, all doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court. Further, according to section 14 of the Presidential and Vice-Presidential Elections Act, 1952, an election petition can be filed before the Supreme Court.
Q 17 What can be the maximum number of members of Rajya Sabha?
Ans.250
The maximum number of members of Rajya Sabha can be 250. Article 80 of the Constitution of India provides that 12 members are to be nominated by the President of India and not more than 238 representatives from the States to be elected by the elected members of the State Legislative Assemblies in accordance with the system of proportional representation by means of the single transferable vote.
Q 18. Are they all elected?
Ans.No
All of them are not elected. As mentioned above, 12 are nominated and 238 are elected.
Q 19. What is the life of Rajya Sabha?
Ans.Rajya Sabha is a Permanent House and is not subject to dissolution as per Article 83 (1) of the Constitution of India. But as nearly as possible, one third of its members shall retire every 2nd year and an equal number of members are chosen to replace them.
Q 20. Who elects the members of the Rajya Sabha?
Ans.Elected members of the State Legislative Assemblies
Article 80(4) of Constitution of India provides that members of Rajya Sabha shall be elected by the elected members of State Legislative Assemblies through the system of proportional representation by means of the single transferable vote.
Q 21. Who nominates the members of the Rajya Sabha?
Ans.President of India
The President of India nominates 12 members of Rajya Sabha as mentioned earlier.
Q 22. Is there any special qualification for nomination?
Ans.Yes
Article 80 (3) of the Constitution of India provides that the members to be nominated by the President to Rajya Sabha should have special knowledge or practical experience in matters like literature, science, art and social service.
Article 84 (b) stipulates that a person shall be of not less than 30 (Thirty) years of age.
Q 23. What is the term of Lok Sabha?
Ans.Normal Term : 5 years
Article 83 (2) of the Constitution stipulates that Lok Sabha shall have a normal term of 5 years from the date appointed for its first meeting and no longer. However, the President may dissolve the House earlier.
Q 24. What can be the maximum number of members of the Lok Sabha?
Ans.550
The maximum number of elected members of Lok Sabha is 550. Article 81 of the Constitution provides that not more than 530 members will be elected from the States and not more than 20 members from Union Territories. Article 331 of the Constitution provides that not more than 2 members from the Anglo Indian Community may be nominated by the President of India, if in his opinion that community is not adequately represented in that House.
Q 25. How are the members of Lok Sabha elected?
Ans.Under Sec 14 of Representation of People Act 1951, the President of India by a notification will call upon the constituencies to elect their members to the House of People. Thereafter the electors of the Parliamentary Constituencies will directly elect the Lok Sabha members. As per article 326 of the Constitution of India, elections to the House of the People shall be on the basis of adult suffrage.
Q 26. How many members are elected by the electors of a Parliamentary Constituency?
Ans.One
Each Parliamentary Constituency will elect only one member.
Q 27. Was this the position from the very beginning?
Ans.No
Prior to 1962, there were both single - member and multi member constituencies. These multi - member constituencies used to elect more than one member. The multimember constituencies were abolished in 1962.
Q 28. When was the 1st general election held in India?
Ans.1951-52
The first general election was held in India during 1951 - 1952.
Q 29. At that time, what was the total strength of the Lok Sabha?
Ans.The total strength of Lok Sabha at that time was 489.
Comptroller And Auditor General of India(CAGI)
Ques-: What is SAI?
Ans-: SAI (Supreme Audit Institution) is the Indian Audit and Account Department. It acts as an instrument for ensuring accountability. The constitution of India has mandated SAI to function as Auditors to the nation. SAI has Comptroller and Audit General and The Indian Audit & Account Department as its constituents. The SAI of India audits both central and state government and also maintains the accounts of state governments.
Ques:- What is the role of CAG?
Ans-: In the Indian system of governance, the policies are set by the parliament and the state legislators give the goals to be achieved through the public spending. These policies are the translated into program and then implemented by various department of government. For this, parliament sanctions the budget detailing the mode of collection, amount of collection and also for the purpose for it is to be spent and the government dept. are accountable for the quantity and quality of their expenditure to the parliament. CAG assists the parliament to enforce the said accountability of the Govt. Department
How government ensures the independent functioning of CAG?
The constitution enables the independent and unbiased nature of audit by the CAG by providing :
* Appointed by the president of India.
* Special procedure for removal (like a supreme court judge)
* Salary and Expenses are charged (not voted)
* Cant hold any other government office after his term expires.
Ques-: What is CAGs DPC Act and what are its duties?
Ans-: The CAGs DPC (Duties, power and Conditions of services) Act is a detailed legislation enacted by parliament in 1971. This Act lays down the service conditions to secure the autonomous nature of the CAG. It also mandate and puts almost every spending, revenue collecting or aid/grant receiving unit of government under CAGs audit domain.
Which all organizations are subject to be audited by SAI India?
The organizations subject to the audit of SAI India are:
* All the Union and State Government department including the Indian Railways defense and Post & telecommunication.
* About 1500 public commercial Enterprises controlled by Union and state government
* About 400 non commercial autonomous bodies and authorities owned or controlled by the union or states,
* Bodies and authorities substantially financed from Union or State Finance.
Ques-: How does audit take place?
Ans-: First of all every audit office prepares annual Audit plan detailing the units to be audited during the year after the risk assessment exercise is been done. The audit plan is carried out through Quarterly Audit program. The department to be audited is informed in advance and then Field Audit is done by Audit officers and Assistant Audit officer. These officers conduct local inspection of records. Then all operational and financial documents are checked. Next to it queries are made and reply is obtained through the respective de3partments.
Ques-: What are different types of Audit?
Ans-: Depending on the objective of Audit, audits are classified as follows ;
* Compliance Audit
* Financial Attest Audit
* Performance Audit
Besides this there are other audits as well on Information technology and Environmental issues.
Ques-: What is compliance audit?
Ans-: Compliance Audit is a transaction Audit in which some selected transactions of an entity for a particular financial year is chosen for examination for e.g. a purchase made by a medical officer, a contract made by the public works division for building a road or Tax assessment by an Assessment Officer.
What is Financial Attest Audit?
Its a supplementary audit with the primary auditor usually being a chartered Accountant. It is used to certify how far the accounts are true and fair i.e. whether the financial statements are properly prepared, complete in all respects and are presented with adequate disclosures.
Ques-: What is Performance Audit?
Ans-: The Performance Audits are seeks to establish at what cost and to what degree the policies, programme and projects are working. In addition to all the financial audit checks it assess whether a scheme or activity deploys sound means to achieve its intended socio economic objectives.
Ques-: What is Information technology Audit?
Ans-: It seeks to take up audit of computerized systems and e-governance initiatives.
Ques-: What is Social Audit?
Ans-: The objective of Social Audit is to muster the local knowledge and competence of various civil society organizations for a better reach of the formal audit process and to evaluate the performance of government Scheme. Its being carried out for social sector schemes such as health, education, rural employment and water.
Ques-: What is Environmental Audit?
Ans-: Its a performance audit on various environmental issues and then to conduct research on environmental issue and sustainable development
Ques-: What are the Audit Reports?
Ans-: Its the final product of the entire audit process. It contains the final fully corroborated audit findings. It may be accepted by the department and/or proved factually and are material enough to be placed in legislature and then it is seek to determine the nature of inadequacies identified.
Ques-: What are the benefits of the Audit Reports?
Ans-: Audit Reports helps us in Quantitative as well as in Qualitative terms. The on-site audit is conducted annually and simultaneously issue inspection report in more 64000 units of the Union, State and Union Territory Government s across the country and abroad and audit 14.33million vouchers and transactions. It helps to check the quantum of over payments /under recoveries in the range of 15000 crore and recoveries upwards of Rs. 2750 crore in transactions
Qualitatively, Audit reports provide an in-depth analysis of the financial health of Union and State Government and facilitate them to take necessary corrective action in case of financial lapses and to alter law and policy if change is required.
Ques-: What is the Advisory Role of SAI?
Ans-:The advisory roles of SAI are as follows:
* With the help of GASAB it frames Government Accounting Standard for greater transparency.
* It helps Finance commission to gain an informed opinion on State Government Finances
* Helps the Government department in in strengthening internal controls and improved financial management in the system.
* It organizes various workshops and seminars in Accrual Accounting etc for state govt. dept.
Attorney General of India
TheAttorney General for Indiais theIndian government'schieflegaladvisor, and its primary lawyer in theSupreme Court of India. He is appointed by thePresident of IndiaunderArticle 76(1) of the Constitutionand holds office during the pleasure of the President. He must be a person qualified to be appointed as a Judge of the Supreme Court.
The current Attorney General isGoolam Essaji Vahanvati, who was appointed by theCongress-ledUnited Progressive Alliancegovernment after the2009 General Elections.
Powers and duties
TheAttorney Generalis responsible for giving advice to theGovernment of Indiain legal matters referred to him. He also performs other legal duties assigned to him by the President. The Attorney General has the right of audience in all Courts in India as well as the right to participate in the proceedings of theParliament, though not to vote.The Attorney General appears on behalf ofGovernment of Indiain all cases (including suits, appeals and other proceedings) in theSupreme Courtin which Government of India is concerned. He also represents the Government of India in any reference made by the President to the Supreme Court under Article 143 of theConstitution.
Unlike theAttorney General of the United States, the Attorney General of India does not have anyexecutiveauthority, and is not apolitical appointee, those functions are performed by theLaw Minister of India.
The Attorney General can accept briefs but cannot appear against the Government. He cannot defend an accused in the criminal proceedings and accept the directorship of a company without the permission of the Government.
The Attorney General is assisted by aSolicitor Generaland four Additional Solicitors General.[2]The Attorney General is to be consulted only in legal matters of real importance and only after theMinistry of Lawhas been consulted. All references to the Attorney General are made by the Law Ministry.
Finance Commision
Q.1. What is the Finance Commission?
Ans. The Finance Commission is constituted by the President under article 280 of the Constitution, mainly to give its recommendations on distribution of tax revenues between the Union and the States and amongst the States themselves. Two distinctive features of the Commissions work involve redressing the vertical imbalances between the taxation powers and expenditure responsibilities of the centre and the States respectively and equalization of all public services across the States.
Q.2 What are the functions of the Finance Commission?
Ans. It is the duty of the Commission to make recommendations to the President as to
* the distribution between the Union and the States of the net proceeds of taxes which are to be, or may be, divided between them and the allocation between the States of the respective shares of such proceeds;
* the principles which should govern the grants-in-aid of the revenues of the States out of the Consolidated Fund of India;
* the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Panchayats in the State on the basis of the recommendations made by the Finance Commission of the State;
* the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Municipalities in the State on the basis of the recommendations made by the Finance Commission of the State;
* any other matter referred to the Commission by the President in the interests of sound finance.
The Commission determines its procedure and have such powers in the performance of their functions as Parliament may by law confer on them.
Q.3. Who appoints the Finance Commission and what are the qualifications for Members?
Ans. The Finance Commission is appointed by the President under Article 280 of the Constitution. As per the provisions contained in the Finance Commission [Miscellaneous Provisions] Act, 1951 andThe Finance Commission (Salaries & Allowances) Rules, 1951,the Chairman of the Commission is selected from among persons who have had experience in public affairs, and the four other members are selected from among persons who--
(a) are, or have been, or are qualified to be appointed as Judges of a High Court; or
(b) have special knowledge of the finances and accounts of Government; or
(c) have had wide experience in financial matters and in administration; or
(d) have special knowledge of economics
Q.4. How are the recommendations of Finance Commission implemented?
Ans. The recommendations of the Finance Commission are implemented as under:-
Those to be implemented by an order of the President:
The recommendations relating to distribution of Union Taxes and Duties and Grants-in-aid fall in this category.
Those to be implemented by executive orders:
The recommendations in respect of sharing of Profit Petroleum, Debt Relief, Mode of Central Assistance, etc. are implemented by executive orders.
Q.5. When was the first Commission appointed and how many Commissions have been appointed so far?
Ans. The First Finance Commission was constituted vide Presidential Order dated 22.11.1951 under the chairmanship of Shri K.C. Neogy on 6th April, 1952. Fourteen Finance Commissions have been appointed so far at intervals of every five years.
Q.6. Is the Finance Commission unique to India?
Ans. Most federal systems resolve the vertical and horizontal imbalances through mechanisms similar to the Finance Commission. For example Australia and Canada.
Q.7. What is the composition of the Fourteenth Finance Commission?
Ans. The Fourteenth Finance Commission has been set up under the Chairmanship of Dr. Y.V.Reddy [Former Governor Reserve Bank of India]. Other Members of the Commission are Ms. Sushma Nath [ Former Union Finance Secretary ], Dr. M.Govinda Rao [ Director, National Institute for Public Finance and Policy, New Delhi ), Dr. Sudipto Mundle, Former Acting Chairman, National Statistical Commission. Prof Abhijit Sen (Member, Planning Commission) is the part-time Member of the Fourteenth Finance Commission. Shri Shri Ajay Narayan Jha is the Secretary, Fourteenth Finance Commission.
Q.8. What is the tenure of the Fourteenth Finance Commission?
Ans. The Finance Commission is required to give its report by 31st October, 2014. Its recommendations will cover the five year period commencing from 1st April, 2015.
National Commission of Schedule Caste
Genesis
1. The social and economic position of the Scheduled Castes had been the concern of the founding fathers of the Constitution. For providing safeguards for Scheduled Castes special provisions were made to promote the social, educational, economic and service interest of this section of the society. In order to ensure that the safeguards are properly implemented the Constitution on its inception, provided for appointment of a special office under Article 338 of the Constitution to investigate all matters relating to the safeguards provided for Scheduled Castes & Scheduled Tribes and report to the President about the working of these safeguards. In pursuance of this provision a Special Officer known as the Commissioner for Scheduled Castes & Scheduled Tribes was appointed for the first time on 18thNovember, 1950. By 1965 the Commissioner of Scheduled Castes & Scheduled Tribes has 17 regional offices located in various States, headed by Assistant Commissioners for Scheduled Castes and Scheduled Tribes who were in July 1965, re-designated as Deputy Commissioners. This field organization of the Commissioner was recognized into 5 Zonal offices in June 1967 and placed under the control of the newly created Directorate General of Backward Classes Welfare in the department of Social Welfare. Each Zonal office was headed by a Zonal Director. Backward Classes welfare & the erstwhile regional Deputy Commissioner for SC & ST were re-designated as Deputy Directors.
2. It was felt that the office of the Commissioner for Scheduled Castes and Scheduled Tribes was not enough to monitor the safeguards provided to SCs & STs. Hence, due to voice raised by Members of Parliament, a proposal was mooted for amendment of Article 338 of the Constitution (46thAmendment) by replacing the single member Special Officer by multi-member system. The first Commission for SC & ST came into being on August, 1978. With effect from 1-12-78 the field offices were transferred to the newly set up Commission for SCs & STs and the Zonal Directors, BCW and the Deputy Directors, BCW were re-christened as Directors for SCs & STs and Deputy Directors for SCs & STs respectively. Later on the Zonal set up was abolished and the Commission once again had 17 field offices. Since the field Directors were also working for the Commissioner for SCs & STs, they were re-designated as Director for SCs & STs and Ex-officio Deputy Commissioner for SCs & STs.
3. The functions of the Commission for SCs & STs and of the O/o Commissioner for SCs & STs co-existed till 11.03.1992. The erstwhile O/o Commissioner for SCs/STs during their office had submitted 30 reports.
4. The setup of the Commission of 1978 underwent change in 1987 and it was named as National Commission for Scheduled Castes and Scheduled Tribes. This Commission being a National Level Advisory body played the role of adviser on major policy and developmental issues relating to SCs/STs. This Commission for SCs & STs had submitted 8 reports during its tenure.
5. The National Commission for SCs & STs came into being consequent upon the 65thAmendment Bill, 1990 notified on 8.6.1990, and rules there under were notified on 3.11.1990.
6. In the 89thAmendment of the Constitution it was decided to have a separate National Commission for Scheduled Castes & separate National Commission for Scheduled Tribes. This came into effect on 19.02.2004. The erstwhile National Commission for SCs & STs was bifurcated into two different Commissions with actual bifurcation date being 1.12.2004. After bifurcation there are at present 12 State Offices under the jurisdiction of NCSC. These are located at Agartala, Ahmedabad, Bangalore, Chandigarh, Chennai, Guwahati, Hyderabad, Kolkata, Lucknow, Patna, Pune & Thiruvananthapuram.
This is the third National Commission for Scheduled Castes and the following functionaries were appointed with the Warrant in her own hand by Her Excellency the President of India Smt Pratibha Patil:-
* Dr P.L Punia----------------Chairperson
* Shri Raj Kumar Verka--------Vice-Chairperson
* Smt Latha Priyakumar-------Member
* Shri Raju Parmar------------Member
* Shri M. Shivanna------------Member
The Chairperson and the Vice-Chairperson were conferred the Status of Cabinet Minister and Minister of State respectively.
UPSC
The first Public Service Commission was set up on October 1st, 1926. However, its limited advisory functions failed to satisfy the peoples aspirations and the continued stress on this aspect by the leaders of our freedom movement resulted in the setting up of theFederal Public Service Commissionunder the Government of India Act 1935. Under this Act, for the first time, provision was also made for the formation of Public Service Commissions at the provincial level.
The Constituent Assembly, after independence, saw the need for giving a secure and autonomous status to Public Service Commissions both at Federal and Provincial levels for ensuring unbiased recruitment to Civil Services as also for protection of service interests. With the promulgation of the new Constitution for independent India on 26th January, 1950, the Federal Public Service Commission was accorded a constitutional status as an autonomous entity and given the titleUnion Public Service Commission
Constitutional Provisions
The Union Public Service Commission has been established under Article 315 of the Constitution of India. The Commission consists of aChairman and ten Members.
The terms and conditions of service of Chairman and Members of the Commission are governed by the Union Public Service Commission (Members) Regulations, 1969.
The Commission is serviced by a Secretariat headed by a Secretary with two Additional Secretaries, a number of Joint Secretaries, Deputy Secretaries and other supporting staff.
The Union Public Service Commission have been entrusted with the followingdutiesand role under the Constitution:
1. Recruitment to services & posts under the Union through conduct ofcompetitive examinations;
2. Recruitment to services & postsunder the Central Government by Selection through Interviews;
3. Advising on the suitability of officers for appointment on promotion as well as transfer-on-deputation;
4. Advising the Government on all matters relating to methods of Recruitment to various services and posts;
5. Disciplinarycases relating to different civil services; and
6. Miscellaneous matters relating to grant of extra ordinary pensions, reimbursement of legal expenses etc.
The major role played by the Commission is to select persons to man the various Central Civil Services and Posts and the Services common to the Union and States (viz. All-India Services).
EXPENSES OF PUBLIC SERVICE COMMISSIONS
The expenses of the Union or a State Public Service Commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the Commission, shall be charged on the consolidated Fund of India or, as the case may be, the Consolidated Fund of the State.
RECRUITMENT TO VARIOUS SERVICES AND POSTS
To Duties & Role of the Commission
Under Article 320 of the Constitution of India, the Commission are, inter-alia, required to be consulted on all matters relating to recruitment to civil services and posts.
RECRUITMENTis made by one of the following three methods:
1. Direct Recruitment;
2. Promotion; and
3. Transfer
All India Services
The All India Services Act, 1951 and Rules and Regulations framed thereunder regulate the recruitment and conditions of service in respect of the All India Services viz. Indian Administrative Service, Indian Police Service and Indian Forest Service.
As far as direct recruitment to the Indian Administrative Service and Indian Police Service Examination are concerned, it is done through the Civil Services Examination and for the Indian Forest Service through the Indian Forest Service Examination held by the Commission.
The relevant Rules and Regulations provide that 33% of the vacancies in the IAS/IPS/IFS should be filled by promotion from amongst the officers of the State Service in consultation with the Commission. The Selection Committee presided over by Chairman/Member of the Commission consists of senior Government representatives of the Central Government and the State.
DISCIPLINARY MATTERS
To Duties & Role of the Commission
Under Article 320(3) of the Constitution the Commission are required to be consulted on the quantum of penalties in disciplinary cases affecting a person serving under the Government of India in a Civil Capacity.
EXTENSION OF FUNCTIONS TO LOCAL BODIES ETC
Article 321 also empowers the Parliament to extend the functions of the Public Service Commission to any local authority or other body corporate constituted by Law or by any public institutions.
EXEMPTIONS
In order to exempt some posts which for reasons of National Security or some other reasons may not be required to be referred to the Commission for their advice, the Union Public Service Commission (Exemption from Consultations) Regulations were issued on September 1, 1958, under Article 320(3)(a) and (b) of the Constitution. These Regulations are amended or revised as and when the need arises.
RECRUITMENT & CONDITIONS OF SERVICE ETC
The Provisions as contained in Article 309 & Article 311 of the Constitution are also required to be read in conjunction with the provisions as contained in Article 320 of the Constitution.
Binding nature of the advice of the Commission
A convention has been established by the Government of India, that in the following classes of the cases referred to the Commission, the recommendations made by them shall be accepted, save in exceptional circumstances.
1. Quasi-judicial cases.
2. Selection for appointments of candidates.
3. Appointment of a candidate on a higher initial pay than that of a minimum pay of the posts.
4. Claims of expenditure incurred by the Government servants in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty.
ANNUAL REPORTS
The Commission have a duty, under Article 323 of the Constitution to present annually to the President a Report as to the work done by the Commission and on receipt of such report, the president shall cause a copy there of together with the Memorandum explaining, as respect the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before each House of the Parliament.
Name: Aditya Prasad
Reference: Different websites of concerned departments, wikipedia
