Constitutional Bodies — Set 3

Correct Answer: A. President

• **President determines ECI service conditions** = The President determines the conditions of service and tenure of Election Commissioners, subject to any law made by Parliament, under Article 324(5). • **Act of 1991** — The current framework is the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 — tenure 6 years or age 65. • 💡 Option B (Parliament) only frames the law; Option C (CEC) recommends removal of other ECs but does not fix conditions; Option D (Supreme Court) plays no role in service conditions — only the President fixes them.

Correct Answer: C. Governor

• **Governor appoints SPSC Chairman and members — Article 316** = Article 316 empowers the Governor of the State to appoint the Chairman and members of the State Public Service Commission. • **Removal only by President** — Though appointed by the Governor, SPSC members can be removed only by the President (not the Governor) after an SC inquiry, ensuring independence from state politics. • 💡 Option A ( Chairman) has no appointment power; Option B (Chief Minister) only advises informally; Option D (President) removes but does not appoint SPSC members — only the Governor appoints.

Correct Answer: B. President

• **Only President can remove SPSC Chairman/members** = Only the President of India can remove the Chairman or a member of the State Public Service Commission, that too only after a Supreme Court inquiry. • **Governor lacks removal power** — Although the Governor appoints them under Article 316, the Governor has no power of removal; this deliberate separation shields SPSC from state political pressure. • 💡 Option A (Parliament) has no role in SPSC removal; Option C (High Court Chief Justice) plays no removal role; Option D (Governor) only appoints but cannot remove — only the President removes.

Correct Answer: C. Parliament

• **Parliament creates JSPSC — Article 315(2)** = Under Article 315(2), Parliament can create a Joint State Public Service Commission (JSPSC) for two or more states on the request of those State Legislatures. • **Statutory, not constitutional** — A JSPSC is a statutory body (created by Parliament's Act), unlike SPSC which are constitutional bodies directly established by the Constitution. • 💡 Option A () cannot create JSPSC; Option B (State Legislatures) only request creation, they do not create it; Option D (President) has no power to create JSPSC — only Parliament does.

Correct Answer: C. 61st Amendment

• **61st Amendment (1988) = voting age 21 → 18** = The 61st Constitutional Amendment Act, 1988 reduced the voting age for Lok Sabha and State Assembly elections from 21 years to 18 years. • **Article 326 amended** — The amendment modified Article 326, which guarantees adult suffrage; it came into force in 1989 just before the 1989 general elections. • 💡 Option A (44th Amendment) restored several pre-emergency provisions; Option B (69th Amendment) gave Delhi NCT status; Option D (42nd Amendment) is the Mini-Constitution — only the 61st lowered voting age.

Correct Answer: B. Election Commission of India

• **ECI = recognises political parties and allots symbols** = The Election Commission of India registers political parties and allots election symbols under the Election Symbols (Reservation and Allotment) Order, 1968. • **National vs State party status** — The ECI grants recognition as a National or State party based on vote-share and seats won in general elections; reserved symbols follow recognition. • 💡 Option A (Parliament) only makes election laws; Option C (President) constitutes ECI but does not recognise parties; Option D (Supreme Court) reviews disputes but does not allot symbols — only ECI does both.

Correct Answer: D. Call for particulars of expenditure

• **Secret service expenditure — CAG cannot demand particulars** = Regarding secret service expenditure, the CAG cannot call for details; he must accept a certificate from the competent administrative authority that the amount was duly spent. • **Statutory limitation** — This restriction is imposed by the CAG (Duties, Powers and Conditions of Service) Act, 1971; it is the one notable limitation on otherwise wide audit powers. • 💡 Option A (audit total amount) — CAG CAN audit the total; Option B (accept certificate) — CAG DOES accept it; Option C (report to President) — CAG DOES report; only 'call for particulars' is barred.

Correct Answer: A. Comptroller and Auditor General

• **CAG = 'Guide, Friend and Philosopher' of PAC** = The CAG is described as the 'Guide, Friend and Philosopher' of the Public Accounts Committee (PAC) of Parliament — a phrase used in official and. • **Audit-to-PAC chain** — The CAG's audit reports are tabled in Parliament and; the CAG personally assists the PAC in understanding financial irregularities. • 💡 Option B (Speaker of Lok Sabha) only nominates PAC members; Option C (Attorney General) has no PAC role; Option D (Finance Minister) is a subject of PAC scrutiny, not its guide — only CAG fits.

Correct Answer: D. President

• **AG holds office during President's pleasure** = The Attorney General of India holds office during the pleasure of the President under Article 76(4); he can be removed any time without any formal procedure. • **No fixed tenure** — The Constitution lays down no fixed term for AG; by convention, AG resigns when the government (Council of Ministers) that advised his appointment changes. • 💡 Option A (Prime Minister) advises but is not the formal tenure authority; Option B (CJI) has no role in AG's tenure; Option C (Parliament) cannot remove the AG — only the President.

Correct Answer: A. Assist the Attorney General

• **Solicitor General = assists the Attorney General** = The Solicitor General of India is the second-highest law officer; his primary role is to assist the Attorney General in representing the Government of India in the Supreme Court and High Courts. • **Statutory post, not constitutional** — Unlike the AG (Art.76), the SG's post is statutory (not mentioned in the Constitution); the Law Officers (Conditions of Service) Rules govern his service. • 💡 Option B (appoint HC judges) is President's power on collegium advice; Option C (advise President) is AG's role; Option D (head Law Ministry) is the Law Minister's role — only 'assist AG' is correct.