Constitutional, extra-constitutional and statutory body ~ Civil Services Self Study

What is the Constitutional body?

The bodies which are backed by some article of Indian constitution.
There is 11 constitutional body.

Attorney General of India, Article 76

Appointed by President
Qualification: qualified to become Supreme court judge
No fixed tenure, hold office during the pleasure of the president
No fixed salary and allowance
He/ she enjoys privilege and immunity as MP
can take part in discussion in the parliament but no voting right

Comptroller and Auditor General of India (CAG), Article 148.

Public account Committee and Committee on public undertaking scrutinized the report of CAG
President appoints CAG with the recommendation of PM
Tenure 6 years or 65 years whichever is earlier
President can remove the CAG same manner as SC judge removal
He/she is not eligible for any government office after retirement.
Salary allowance charged upon a consolidated fund of India

Advocate General of the state, Article 165
Finance commission, Article 280
Union Public Commission, Article 315 to 323
State Public Commission, Article 315 to 323

Election Commission, Article 324

The commission consists of Chief Election Commission(CEC) along with 2 election commission
President appoints election commission basis on the recommendation of headed by PM with the speaker in Lok Sabha, opposition leader in Lok Sabha, Law Minister, Deputy chairperson in Rajya Sabha
Tenure 6 years or 65 years whichever is earlier
President can remove the same manner as SC judge removal
Salary allowance charged upon a consolidated fund of India

National Commission for Scheduled Caste(SC), Article 338
National Commission for Scheduled Tribe(ST), Article 338 A
National Commission for Other Backward Caste (OBC), Article 338 B
Special office for Linguistic Minority, Article 350 B

What is the statutory body?

The bodies are backed by some act of the parliament.
For example, National Green Tribunal, CBI, CVC, National Human Rights Commission

The following questions were asked in UPSC and state PCS

1. Consider the following statements: (UPSC 2017)

1. The Election Commission of India is a five-member body.

2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.

3. Election Commission resolves the disputes relating to splits/mergers of recognized political parties.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 2 only

(d) 3 only

Answer d

2. Consider the following statements (UPSC 2009)

1. The Advocate General of a State in India is appointed by the President of India upon the recommendation of the Governor of the concerned state.

2. As provided in the Civil Procedure Code, High Courts have original, appellate, and advisory jurisdiction at the state level.

Which of the statement (s) given above is/are correct?

(a) 1 Only

(b) 2 Only

(d) Neither 1 nor 2

Answer. D

3. Which of the following bodies does not/do not find mention in the Constitution? (UPSC 2013)

1. National Development Council

2. Planning Commission

3. Zonal Councils

Select the correct answer using the codes given below:

(a) 1 and 2 only

(b) 2 only

(d) 1, 2 and 3

Answer. D

4. Consider the following statements: (UPSC 2013)

Attorney General of India can

1. take part in the proceedings of the Lok Sabha

2. be a member of a committee of the Lok Sabha

3. speak in the Lok Sabha

4. vote in the Lok Sabha

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 and 4

(d) 1 and 3 only

Answer. D

5. In India, other than ensuring that public funds are used efficiently and for the intended purpose, what is the importance of the office of the Comptroller and Auditor General (CAG)? (UPSC 2012)

1. CAG exercises exchequer control on behalf of the Parliament when the President of India declares a national emergency/financial emergency.

2. CAG reports on the execution of projects or programs by the ministries are discussed by the Public Accounts Committee.

3. Information from CAG reports can be used by investigating agencies to press charges against those who have violated the law while managing public finances.

4. While dealing with the audit and accounting of government companies, CAG has certain judicial powers for prosecuting those who violate the law.

Which of the statements given above is/are correct?

(a)1, 3, and 4 only

(b)2 only

(d)1, 2, 3 and 4

Answer. D

6. With reference to the Finance Commission of India, which of The following statements is correct? (UPSC 2010)

(a) It encourages the inflow of foreign capital for infrastructure development

(b) It facilitates the proper distribution of finances among the Public Sector Undertakings

(d) None of the statements (a), (b), and (c) given above is correct in this context

Answer. D

7. Which one among the following commission was set up in pursuance of a definite provision under an Article of the Constitution of India? (UPSC 2006)

a)University Grants Commission

b)National Human Rights Commission

c)Election Commission

d)Central Vigilance Commission

Answer. C

8. According to the National Human Rights Commission Act, 1993, who amongst the following can be its Chairman? (UPSC 2004)

a)Any serving Judge of the Supreme Court

b)Any serving Judge of the High Court

c)Only a retired Chief Justice of India

d)Only a retired Chief Justice of a High Court

Answer. C

9. Consider the following functions (UPSC 2004)

1. Superintendence, direction, and conduct of free and fair elections.

2. Preparation of electoral rolls for all elections to the Parliament, State Legislatures, and the Office of the President and the Vice-President.

3. Giving recognition to political parties and allotting election symbols to political parties and individuals contesting the election.

4. Proclamation of final verdict in the case of election disputes.

Which of the above are the functions of the Election Commission of India?

a)Only 1, 2 & 3

b)Only 2, 3 & 4

c)Only 1 & 3

d)Only 1,2 & 4

Answer. A

10. Consider the following statements (UPSC 2003)

The function (s) of the Finance Commission is/are

1. To allow the withdrawal of the money out of the Consolidated Fund of India.

2. To allocate between the states and center the shares of proceeds of taxes.

3. To consider applications for grants-in-aid from states.

4. To supervise and report on whether the Union and State Governments are levying taxes in accordance with the budgetary provisions.

Which of the statement (s) is/are correct?

a)Only 1

b)Only 2 & 3

c)Only 3 & 4

d)Only 1,2 & 4

Answer. B

11. Consider the following statements regarding the National Human Rights Commission of India: (UPSC 1999)

1. Its Chairman must be a retired Chief Justice of India.

2. It has formations in each state as State Human Rights Commission.

3. Its powers are only recommendatory in nature.

4. It is mandatory to appoint a woman as a member of the Commission.

Which of the above statements are correct?

a)1, 2, 3 & 4

b)2 & 4

c)2 & 3

d)1 & 3

Answer. D

12. Which one of the following duties are not performed by the Comptroller and Auditor General of India? (UPSC 2001)

a)To audit and report on all expenditure from the Consolidated Fund of India

b)To audit and report on all expenditure from the Contingency Funds and Public Accounts

c)To audit and report on all trading, manufacturing, profit and loss accounts

d)To control the receipt and issue of public money and to ensure that the public revenue is lodged in the exchequer

Answer. D

13. Consider the following statements about the Attorney General of India: (UPSC 2000)

1. He is appointed by the President of India.

2. He must have the same qualifications as are required for a judge of the Supreme Court.

3. He must be a member of either House of Parliament.

4. He must be removed by impeachment by Parliament.

Which of the above statements are correct?

a)1 & 2

b)1 & 3

c)2, 3 & 4

d)3 & 4

Answer. A

14. Which one of the following is correct in respect of the commencement of the election process in India? (UPSC 1995)

a)The recommendation for election is made by the government and the notification for election is issued by the Election Commission.

b)The recommendation for election is made by the Election Commission and the notification for election is issued by the Home Ministry at the Centre and Home Departments in the States.

c)The recommendation for election is made by the Election Commission and the notification for election is issued by the President and Governors of the States concerned.

d)Both the exercises of making a recommendation for election and that of issuing a notification in respect of it are done by Election Commission.

Answer. A

15. The primary function of the Finance Commission in India is to (UPSC 2000)

a)Distribution of revenue between the Centre and the States

b)Prepare the Annual Budget

c)Advise the President on Financial matters

d)Allocate funds to various ministries of the Union and State Governments

Answer. C

16. Consider the following statements with reference to India (UPSC 2002)

1. The Chief Election Commissioner and other Election Commissioners enjoy equal powers but receive unequal salaries.

2. The Chief Election Commissioner is entitled to the same salary as is provided to a judge of the Supreme Court.

3. The Chief Election Commissioner shall not be removed from his office except in the like manner and on like grounds as a judge of the Supreme Court.

4. The term of office of the Election Commissioner is five years from the date he assumes his office or till the day he attains the age of 62 years, whichever is earlier.

Which of these statements are correct?

a)1 and 2

b)2 and 3

c)1 and 4

d)2 and 4

Answer. B

17. Which one of the following authorities recommends the principles governing the grants-in-aid of the revenues to the states out of the Consolidated Fund of India? (UPSC 2002)

a)Finance Commission

b)Inter-State Council

c)Union Ministry of Finance

d)Public Accounts Committee

Answer. A

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