Constitutional Bodies — Set 13

Correct Answer: B. All-India Services, service rules, disciplinary matters, and appointments

The UPSC is consulted on matters relating to: methods of recruitment to civil services and posts; principles to be followed in making appointments; suitability of candidates for appointments; disciplinary matters affecting civil servants; claims for reimbursement of legal expenses incurred by civil servants; and any matter referred by the President. The UPSC cannot be bypassed for appointments to the higher civil services. The State Public Service Commissions (PSCs) perform similar functions for state services.

Correct Answer: A. Governor of that State

The CAG submits audit reports relating to the accounts of a State to the Governor of that State under Article 151. The Governor causes these reports to be laid before the State Legislature. The Public Accounts Committee of the State Legislature then examines these reports. For Union accounts, the CAG submits reports to the President. This constitutional arrangement ensures that state legislatures can exercise financial oversight through CAG audit reports.

Correct Answer: B. By the Governor

Members of the State Public Service Commission are appointed by the Governor of the state under Article 316. The Chairman of the SPSC is appointed by the Governor. About 50% of the members must be persons who have held office for at least 10 years under the Government of India or a State Government. Members of SPSCs have security of tenure and can only be removed by the President (not the Governor) on the report of the Supreme Court.

Correct Answer: B. ECI handles Parliamentary and State Assembly elections; State EC handles local body elections

The Election Commission of India (ECI) is a constitutional body under Article 324 that conducts elections to Lok Sabha, Rajya Sabha, State Legislative Assemblies, President, and Vice President. The State Election Commission (SEC) is also a constitutional body (Article 243K for Panchayats, Article 243ZA for Urban Local Bodies) that conducts elections to Panchayats, Municipalities, and other local bodies. Both are independent constitutional bodies, but they have different jurisdictions.

Correct Answer: C. Controlling government expenditure before it is incurred

The word 'Comptroller' in the CAG's title refers to the power to control government expenditure before it is incurred — i.e., to ensure that proposed expenditure is authorized by Parliament. However, in practice, the CAG of India functions mainly as an 'Auditor General' — auditing expenditure after it has been incurred and reporting to Parliament. The CAG does not have pre-audit control powers in India, unlike some other countries where the comptroller function is more active.

Correct Answer: A. Constitutional body under Article 279A

The GST Council is a constitutional body created under Article 279A of the Indian Constitution, inserted by the 101st Constitutional Amendment Act, 2016. It consists of the Union Finance Minister (Chairperson), the Union Minister of State for Finance (Vice-Chairperson), and the Finance Minister of each State. Decisions of the GST Council are made by a weighted voting mechanism — the Centre has 1/3 votes and all states together have 2/3 votes. The Supreme Court in Mohit Minerals case (2022) held that GST Council recommendations are not binding on states.

Correct Answer: A. Article 338

The National Commission for Scheduled Castes (NCSC) is a constitutional body established under Article 338. It investigates and monitors all matters relating to the safeguards provided for Scheduled Castes under the Constitution or under any other law. It presents reports to the President on the working of these safeguards. The Commission was bifurcated in 2004 — one commission for SCs (Article 338) and another for Scheduled Tribes (Article 338A).

Correct Answer: B. Article 338A

The National Commission for Scheduled Tribes (NCST) is established under Article 338A, which was inserted by the 89th Constitutional Amendment Act, 2003. Before this amendment, a single National Commission for SCs and STs existed under Article 338. The bifurcation was done to give better attention to the specific needs and issues of Scheduled Tribes. The NCST investigates matters relating to the constitutional safeguards for Scheduled Tribes.

Correct Answer: C. Registrar General and Census Commissioner

The Census of India is conducted by the Registrar General and Census Commissioner of India, an office under the Ministry of Home Affairs. The Census is conducted every 10 years. The last Census was in 2011 (the 2021 Census was delayed due to COVID-19). Census data is used by the Finance Commission, Delimitation Commission, and various government bodies. The data helps in planning and allocating resources for development.

Correct Answer: C. Article 263

Article 263 provides for the establishment of an Inter-State Council (ISC) for coordination among states and between states and the Union. The ISC was established by Presidential Order in 1990 based on the Sarkaria Commission's recommendations. It is chaired by the Prime Minister and consists of all Chief Ministers and 6 Cabinet Ministers of the Union. The ISC meets periodically to discuss inter-state disputes, subjects of common interest, and policy matters.