Constitutional Bodies — Set 1

Correct Answer: B. Article 324

Article 324 of the Constitution establishes the Election Commission of India and vests in it the superintendence, direction, and control of the preparation of electoral rolls and the conduct of elections to Parliament, State Legislatures, the office of President, and the office of Vice-President. This is an important constitutional provision that governs the structure and functioning of Indian democracy The Election Commission of India is an autonomous constitutional authority responsible for administering elections. The Chief Election Commissioner can be removed only by impeachment, similar to a Supreme Court judge, ensuring independence.

Correct Answer: C. President

The Comptroller and Auditor General (CAG) of India is appointed by the President of India under Article 148. The CAG audits the accounts of the Union and state governments. The CAG's reports are submitted to the President/Governor and then laid before Parliament/State Legislature.

Correct Answer: A. Article 280

The Finance Commission is constituted by the President under Article 280 of the Constitution. It is constituted every fifth year to recommend the distribution of taxes between the Centre and states, and to define the principles governing grants-in-aid to states from the Consolidated Fund of India. The President of India is the constitutional head of the executive and acts on the advice of the Council of Ministers.

Correct Answer: A. Article 315

The Union Public Service Commission (UPSC) is established under Article 315 of the Constitution. It consists of a Chairman and other members appointed by the President. The UPSC conducts examinations for appointment to civil services of the Union and advises the President on matters relating to civil services.

Correct Answer: B. Three — CEC and two Election Commissioners

The Election Commission of India, as per the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act 1991 (amended by the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act 2023), currently has three members: Chief Election Commissioner (CEC) and two Election Commissioners. This is an important constitutional provision that governs the structure and functioning of Indian democracy The Election Commission of India is an autonomous constitutional authority responsible for administering elections. The Chief Election Commissioner can be removed only by impeachment, similar to a Supreme Court judge, ensuring independence.

Correct Answer: B. 6 years or 65 years of age, whichever is earlier

Under Article 148, the CAG holds office for a term of six years or until he attains the age of 65 years, whichever is earlier. The CAG can be removed only by the President after an address by each House of Parliament in the same manner as a Supreme Court Judge is removed. This ensures independence.

Correct Answer: B. Fundamental Rights enforcement

Article 12 defines 'State' to determine against whom Fundamental Rights can be enforced. It includes the Government of India, Parliament, state governments, local bodies, and other authorities. The broad definition ensures Fundamental Rights can be enforced against all government entities. This is the gateway article for Part III of the Constitution.

Correct Answer: B. Only by President after address of both Houses of Parliament

Article 324(5) provides that the Chief Election Commissioner shall not be removed from office except in like manner and on the like grounds as a Judge of the Supreme Court. Thus, the CEC can be removed by the President only after an address by both Houses of Parliament and proved misbehavior or incapacity. Election Commissioners can be removed on the recommendation of the CEC.

Correct Answer: C. Article 32

Article 32 guarantees the Right to Constitutional Remedies, which allows citizens to directly approach the Supreme Court for enforcement of Fundamental Rights. Dr. B.R. Ambedkar called it the 'heart and soul of the Constitution.' The Supreme Court can issue writs like habeas corpus, mandamus, prohibition, certiorari, and quo warranto. This right itself is a Fundamental Right and cannot be suspended except during National Emergency.

Correct Answer: A. Reasonable classification

Article 14 guarantees equality before law (negative concept from English law) and equal protection of laws (positive concept from US Constitution). The Supreme Court has held that Article 14 permits reasonable classification but prohibits arbitrary classification. The doctrine of reasonable classification allows different treatment for persons who are not similarly situated. The twin tests are: intelligible differentia and rational nexus with the object.