September 29, 2023

Revision Series | Polity | Constitutional & Non-Constitutional body | 76

July 23, 2023
Consider the following statements regarding NITI Aayog:
1. The Governing Council of NITI Aayog is chaired by the President of India.
2. NITI Aayog has been formed via an executive resolution of the Union Cabinet.
3. Shri B.V.R. Subrahmanyam is the present Vice Chairman of NITI aayog.
Which of the statements given above is/are incorrect?
  • (A) 1 and 2 only
  • (B) 2 and 3 only
  • (C) 1 and 3 only
  • (D) 1 only
Show Answer

Answer: (C)

  • Statement 1 is incorrect: The Prime Minister of India is the ex-officio chairperson of NITI Aayog, not the President of India.
  • Statement 2 is correct: The Governing Council of NITI Aayog includes the Chief Ministers of all states and Union territories (with Legislatures) and Lt. Governors of other Union territories.
  • Statement 3 is correct: Shri Suman Bery is the present Vice Chairman of NITI aayog.
Consider the following statements about the National Human Rights Commission (NHRC) of India:
1. The Chairperson of the NHRC is appointed by the President on the recommendations of a five-member committee.
2. The NHRC has the power to punish for contempt of its own proceedings.
Which of the statements given above is/are incorrect?
  • (A) 1 only
  • (B) 2 only
  • (C) Both 1 and 2
  • (D) None of the above
Show Answer

Answer: (c)

  • Statement 1 is incorrect: The Chairperson of the NHRC is indeed appointed by the President based on the recommendations of a six-member committee. This committee includes the Prime Minister, Home Minister, Leaders of the Opposition in the Lok Sabha and Rajya Sabha, the Speaker of the Lok Sabha, and the Deputy Chairman of the Rajya Sabha.
  • Statement 2 is incorrect: The NHRC does not have the power to punish for contempt of its own proceedings. It can, however, approach the Supreme Court for this purpose.
Consider the following statements with respect to the National Commission for Protection of Child Rights (NCPCR):
1. It is a statutory body constituted under the Child Labour (Prohibition & Regulation) Act, 1986.
2. It has been designated as the agency to monitor provisions of the Right to Free and Compulsory Education (RTE) Act.
Which of the statements given above is/are correct?
  • (A) 1 only
  • (B) 2 only
  • (C) Both 1 and 2
  • (D) Neither 1 nor 2
Show Answer

Answer: (B)

  • The National Commission for Protection of Child Rights is a statutory body established by an Act of Parliament, the Commission for Protection of Child Rights Act, 2005. The Commission works under the aegis of the Ministry of Women and Child Development. Hence statement 1 is not correct.
  • The National Commission for Protection of Child Rights (NCPCR) has been designated as the agency to monitor provisions of the Right to Free and Compulsory Education (RTE) Act. Under the Act, NCPCR can investigate complaints and have the powers of a civil court in trying cases. Hence statement 2 is correct.
Which of the following statements are correct with reference to Election Commission of India?
1. Conditions of office and tenure of office are provided under Article 324.
2. Chief Election Commissioner (CEC) exercises veto power over the matters discussed in Election Commission.
3. Chief Election Commissioner holds the office during pleasure of President.
Which of the statements given above is/are correct?
  • (A) 1 and 2 only
  • (B) 3 only
  • (C) 1 and 3 only
  • (D) None of the above
Show Answer

Answer: (d)

  • Statement 1 is not correct: The conditions of service and tenure of office of the election commissioners and the regional commissioners shall be determined by the President. Under Article 324 of the Constitution of India, the Election Commission of India is vested with the power of superintendence, direction, and control of conducting the elections to the Lok Sabha and State Legislative Assemblies.
  • Statement 2 is not correct: In case of difference of opinion amongst the Chief election commissioner and/or two other election commissioners, the matter is decided by the Commission by the majority.
  • Statement 3 is not correct: He cannot be removed from his office except in the same manner and on the same grounds as a judge of the Supreme Court
Match the following:
Commission: - Body Falls under
1. National Commission for Minorities: - A. Ministry of Minority Affairs.
2. National Commission for Women: - B. Ministry of Women and Child Development
3. National Commission for STs: - C. Ministry of Tribal Affairs
Code:
  • (A) 1-A, 2-B, 3-C
  • (B) 1-B, 2-C, 3-A
  • (C) 1-C, 2-B, 3-A
  • (D) 1-C, 2-A, 3-B
Show Answer

Answer: (a)

National Commission for Minorities falls under the Minorities Ministry of Minority Affairs.

  • National Commission for Women falls under the Ministry of Women and Child Development.
  • National Commission for STs falls under the Ministry of Tribal Affairs.
With reference to the Finance Commission, consider the following statements:
1. It is a quasi-judicial body.
2. The members hold office for five years or till 65 years of age.
3. The members are eligible for reappointment.
Correct:
  • (A) 1 and 2 only
  • (B) 2 only
  • (C) 1 and 3 only
  • (D) 1 only
Show Answer

Answer: (C)

  • Statement 1 is correct: Article 280 of the Constitution of India provides for a Finance Commission. It is a quasi judicial body. The Finance Commission shall have all powers of civil court under Code of Civil Procedure (1908) in matters of summoning & enforcing attendance and requisitioning any public record from any court of office.
  • Statement 2 is not correct: The Finance Commission consists of a chairman and four other members to be appointed by the President. They hold office for such period as specified by the President in his order.
  • Statement 3 is correct: They are eligible for reappointment.
Who among the following is/are not eligible for the reappointment to the office?
1. Comptroller and Auditor General of India
2. Chief Information Commissioner
3. Members of Union Public Service Commission
Select the correct answer using the code given below.
  • (A) 1 and 2 only
  • (B) 1 only
  • (C) 2 and 3 only
  • (D) 3 only
Show Answer

Answer: (a)

  • A member of UPSC (on ceasing to hold office) is eligible for appointment as the chairman of UPSC or a State Public Service Commission (SPSC), but not for any other employment in the Government of India or a state.
Consider the following statements about the National Commission for Scheduled Tribes (NCST):
1. The National Commission for Scheduled Tribes was established through 88th Constitutional amendment in 2003.
2. The Commission consists of a chairperson, vice-chairperson, and five other members, all of whom are appointed by the President of India.
3. The NCST submits its annual report to the Ministry of Social Justice and Empowerment.
Which of the statements given above are correct?
  • (A) 1 and 2 only
  • (B) 1 and 3 only
  • (C) 2 and 3 only
  • (D) None of the above
Show Answer

Answer: (d)

  • Statement 1 is incorrect. The NCST was established by amending the Constitution (89th amendment) Act, 2003 which was later notified as the Constitution (One Hundred And Second Amendment) Act, 2003.
  • Statement 2 is incorrect. The NCST comprises a chairperson, a vice-chairperson, and three full-time members (including one lady member), all of whom are appointed by the President of India.
  • Statement 5 is incorrect. The NCST presents its annual report to the President.
Which of the following statements is correct regarding Joint Public Service Commission (JPSC)?
  • (A) It can be created by an act state legislatures concerned.
  • (B) Its members hold office for a term of six years or until they attain the age of 65 years, whichever is earlier.
  • (C) It presents its annual report to the President.
  • (D) None of the above
Show Answer

Answer: (d)

  • Statement 1 is not correct: A JSPSC can be created by an act of Parliament on the request of the state Legislatures concerned.
  • Statement 2 is not correct: The chairman and members of a JSPSC are appointed by the president. They hold office for a term of six years or until they attain the age of 62 years, whichever is earlier.
  • Statement 3 is not correct: A JPSC presents its annual performance report to each of the concerned state governors. Each governor places the report before the state legislature.
With reference to Advocate General of State, consider the following statements:
1. He is appointed by Governor under article 164 of Indian Constitution.
2. He must be at least 35 years of age to be appointed as Advocate General of State.
3. His remuneration is decided by Governor.
Which of the statements given above are incorrect?
  • (A) 1 and 2 only
  • (B) 2 and 3 only
  • (C) 1 and 3 only
  • (D) 1, 2 and 3
Show Answer

Answer: (a)

  • Statement 1 is incorrect: The Constitution (Article 165) has provided for the office of the Advocate General for the states. He is the highest law officer in the state. The advocate general is appointed by the governor.
  • Statement 2 is not correct: Eligibility conditions for Advocate General does not include minimum age limits. He must be a person who is qualified to be appointed a judge of a high court. In other words, he must be a citizen of India and must have held a judicial office for ten years or been an advocate of a high court for ten years.
  • Statement 3 is correct: The remuneration of the Advocate General is not fixed by the Constitution. He receives such remuneration as the Governor may determine.
Which of the following statement is incorrect regarding the National Commission for Scheduled Castes (NCSC)?
  • (A) It seeks to provide safeguards against the exploitation of Scheduled Castes and Anglo Indian communities.
  • (B) It specifies the inclusion or exclusion of castes in the list of Scheduled Castes.
  • (C) It presents to the President an annual report on the working on safeguards for Scheduled Castes.
  • (D) None of the above
Show Answer

Answer: (b)

  • Statement 1 is correct: It provides safeguards against the exploitation of Scheduled Castes and Anglo-Indian communities. It aims to promote and protect their social, educational, economic and cultural interests provided in the Constitution. It also participates in the planning process of the socio- economic development of SCs and Anglo Indians.
  • Statement 2 is not correct: The President specifies what castes in each state and union territory are to be treated as the SCs. But any inclusion or exclusion of any caste from presidential notification can be done by parliament only. NCSC has an advisory role only in this regard.
  • Statement 3 is correct: It presents to the President, annually and at such other times as it may deem fit, reports upon safeguards of SCs and Anglo Indians. It also discharges such other functions in relation to the protection, welfare and development of SCs as the President may specify.
With reference to the Special Officer for Linguistic Minorities, consider the following statements:
1. It was constituted under Article 350-B of the Indian Constitution.
2. It can investigate all matters relating to the safeguards provided for both linguistic and religious minorities under the Constitution.
Which of the statements given above is/are correct?
  • (A) 1 only
  • (B) 2 only
  • (C) Both 1 and 2
  • (D) Neither 1 nor 2
Show Answer

Answer: (a)

  • Originally, the Constitution of India did not make any provision with respect to the Special Officer for Linguistic Minorities. Later, the States Reorganisation Commission (1953-55) made a recommendation in this regard. Accordingly, the Seventh Constitutional Amendment Act of 1956 inserted a new Article 350-B in Part XVII of the Constitution. Hence, statement 1 is correct.
  • It would be the duty of the Special Officer to investigate all matters only relating to the safeguards provided for linguistic minorities under the Constitution. Hence, statement 2 is not correct.
Which of the following are the essential requirements for a person to be appointed as a member of Finance Commission ?
1. A Supreme Court judge or one qualified to be appointed as such
2. A person having wide experience in financial matters and administration
3. A person having special know ledge of economics
Select the correct answer using the code given below :
  • (A) 1, 2 and 3
  • (B) 1 and 2 only
  • (C) 2 and 3 only
  • (D) 1 and 3 only
Show Answer

Answer: (c)

  • The Chairman of the Commission shall be selected from among persons who have had experience in public affairs, and the four other members shall be selected from among persons who have been, or are qualified to be appointed as Judges of a High Court; or  have special knowledge of the finances and accounts of Government; or have had wide experience in financial matters and in administration; or have special knowledge of economics.
Which one of the following statements about the Attorney-General of India is NOT correct ?
  • (A) He shall have the right to speak in the Houses of Parliament
  • (B) He shall have a right of audience in all Courts in the territory of India in the performance of his official duties
  • (C) He must have the same qualifications as are required to be a Judge of the Supreme Court
  • (D) He is a whole-time counsel for the Government
Show Answer

Answer: (d)

Consider the following statements about the Central Vigilance Commission:
1. Originally the CVC was neither a constitutional body nor a statutory body and presently it enjoys status of Constitutional Bodies.
2. They are appointed by Prime Minister.
3. The salary, allowances and other conditions of service of the Central Vigilance Commission are similar those of member of UPSC.
Which of the following is/ are incorrect?
  • (A) 1 & 2 only
  • (B) 2 & 3 only
  • (C) 1 & 3 only
  • (D) 1, 2 and 3
Show Answer

Answer: (d)

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