Constitutional Bodies — Set 16

Correct Answer: C. Reserve Bank of India (which self-regulates)

The CAG audits the accounts of Central Government departments, State Government departments, and public sector companies/corporations. However, the Reserve Bank of India (RBI) has its own system of accounts and is audited separately under the Reserve Bank of India Act, 1934. The RBI's accounts are audited by the central government's statutory auditors, and RBI is also subject to parliamentary scrutiny. The CAG does audit many government-owned banks and institutions.

Correct Answer: B. It does not contest elections for several years

The Election Commission can de-register a political party if it fails to contest elections over a specified period of time. Under the Election Symbols Order, a party that fails to win at least one seat in either Lok Sabha or State Assemblies in a state/nationally may lose its recognition. However, complete de-registration involves more complex procedures. The ECI can also de-register parties that no longer meet the criteria for recognition as national or state parties.

Correct Answer: B. By an address of both Houses of Parliament in the same manner as removal of Supreme Court judges

Under Article 317, members of the UPSC (including the Chairman) can be removed from office by order of the President, but only after an inquiry by the Supreme Court and the court finds them guilty of misbehavior. However, the President can also suspend them pending inquiry. Article 317(2) allows the President to remove a UPSC member if they are adjudicated insolvent, engage in paid employment outside their duties, are found unfit due to infirmity of mind or body, or are engaged outside their duties.

Correct Answer: C. Advisory — the Centre is not legally bound but generally accepts them

The Finance Commission's recommendations are advisory in nature — neither the Centre nor the States are legally bound by them. However, in practice, the recommendations are generally accepted and implemented by the government. The Finance Commission's recommendations become effective only when the President issues an order under Article 280 accepting the recommendations. The Centre has rarely deviated from Finance Commission recommendations.

Correct Answer: B. High Courts

Under Article 329, the validity of the election of a member of Parliament or State Legislature can only be questioned by an election petition to the High Court. The High Court is the election court for deciding election petitions. Appeals from High Court orders on election petitions can go to the Supreme Court. The Election Commission does not decide election disputes — its role ends once the election process is complete. This judicial mechanism ensures independence in resolving election disputes.

Correct Answer: B. NCMEI Act, 2004

The National Commission for Minority Educational Institutions (NCMEI) was established under the NCMEI Act, 2004. It is a statutory body (not directly under Article 30, though it gives effect to Article 30 rights). The Commission hears complaints from minority educational institutions about violation of their rights, decides questions relating to minority status, and advises the Central Government on policies related to minority educational institutions. Article 30 guarantees minorities the right to establish and administer educational institutions.

Correct Answer: C. President

The Election Commissioners are appointed by the President of India on the advice of the Council of Ministers (Prime Minister). The Chief Election Commissioner also recommends appointment of Election Commissioners. The Chief Election Commissioner Act, 2023 changed the selection process — it now requires a selection committee comprising the PM, the Leader of Opposition, and a Union Cabinet Minister (nominated by PM). This change was necessitated by a Supreme Court judgment in Anoop Baranwal case (2023).

Correct Answer: B. Security of tenure (removal like SC judge) and salary charged to Consolidated Fund

Article 148 protects the CAG's independence through: (1) Security of tenure — the CAG can only be removed through an address of both Houses of Parliament by special majority (like removal of a Supreme Court judge); (2) Financial independence — salary and service conditions are charged to the Consolidated Fund of India and cannot be varied to the CAG's disadvantage after appointment; (3) Bar on future employment — the CAG cannot hold any further office under the government after retirement. This constitutional provision under Article 148 is an essential part of the Indian constitutional framework Understanding this constitutional provision is essential for competitive examinations and civic awareness. Understanding this provision thoroughly is essential for civil services, judicial services, and other competitive examinations.

Correct Answer: C. Panchayat elections

Panchayat elections are NOT conducted by the Election Commission of India. Panchayat and Municipal elections are conducted by the State Election Commission (SEC) of each state under Articles 243K and 243ZA. The ECI conducts elections to Lok Sabha, Rajya Sabha (state-level elections but supervised by ECI), State Legislative Assemblies, and offices of President and Vice President. The distinction between ECI and SEC jurisdiction is important for exams.

Correct Answer: C. Regularity audit, performance audit, and propriety audit

The CAG conducts three types of audits: (1) Regularity audit — checks compliance with laws, rules, and regulations; (2) Performance audit (Value for Money audit) — examines whether government programs achieve their objectives efficiently and economically; and (3) Propriety audit — examines whether government expenditure reflects principles of financial prudence and good governance. CAG also conducts IT audits and environmental audits. The CAG reports include Compliance Reports, Performance Reports, and Accounts.