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Constitutional & Extra-Constitutional Bodies

Description: Constitutional & Extra-Constitutional Bodies
Number of Questions: 15
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Tags: Constitutional & Extra-Constitutional Bodies Indian Polity
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Which of the following is/are correct?

  1. When the Election Commission was established, it consisted of the Chief Election Commissioner only.
  2. The salary and allowances of the Chief Election Commissioner and other Election Commissioners are the same.

  1. Only 1

  2. Only 2

  3. Both 1 and 2

  4. Neither 1 nor 2

Show answer
Correct Option: C
Explanation:

Statement 1 is correct. The Election Commission was established on 25th January 1950. Two additional Commissioners were appointed to the commission for the first time on 16th October 1989 but they had a very short tenure till 1st January 1990. Later, on 1st October 1993, two additional Election Commissioners were appointed. The concept of multi-member Commission has been in operation since then. Statement 2 is correct. The salary, allowances and other perquisites of the Chief Election Commissioner and other Election Commissioners are the same.

The 61st Constitutional Amendment Act, 1988 was for

  1. the transformation of election commission from single to multi-member body

  2. lowering of voting age from 21 years to 18 years

  3. prescribing qualifications for the Chief Election Commissioner

  4. None of these

Show answer
Correct Option: B
Explanation:

The 61st Constitutional Amendment Act, 1988 came into force in 1989 and the voting age was lowered from 21 years to 18 years.

Consider the following statements:

  1. Not every case of dismissal, removal or reduction in rank of civil posts requires inquiry.
  2. The provision under Art. 311(1) is only applicable to a civil servant.
  3. The disputes related to condition of service of public servant is not settled in civil courts. Which of these statements is / are correct?

  1. Only 1

  2. 1 and 2

  3. 2 and 3

  4. 1, 2 and 3

Show answer
Correct Option: D
Explanation:

Statement 1 is correct. Inquiry is not held when:

The conduct of a person has led to its conviction on a criminal charge.
The authority empowered to dismiss, remove or reduce a person in rank is satisfied that such inquiry is not practical.
The President or the Governor is satisfied that such inquiry is not in the interest of the security of state.
Statement 2 is correct. Art.311 (2) is for protecting a civil servant from the caprices of officers of inferior rank. Statement 3 is correct. Such disputes are adjudicated under the Administrative Tribunal of Union or state.

Which of the following is / are correct?

  1. The 13th Finance Commission has recommended for reducing number of centrally sponsored schemes.
  2. The implementation duration of 13th Finance Commission is 2010-15.
  3. Finance Commission looks after the economic development in the country.

  1. 1 and 2

  2. Only 2

  3. Only 3

  4. 1, 2 and 3

Show answer
Correct Option: A
Explanation:

Statement 1 is correct. Among the recommendations of 13th Finance Commission, one is to reduce the number of Centrally Sponsored Schemes (CSS) and to restore the predominance of formula-based plan transfers.

Statement 2 is correct. The period of implementation of Finance Commission Report is 2010-15. Statement 3 is wrong. The function of Finance Commission is in determining the revenue gap in each state and to fill such gaps it provides schemes of devolution partly by distribution of taxes and duties and partly by grants-in-aid.

Which of the following statements is/are correct?

  1. The Chairman of the UPSC refers the matters regarding removal of other members of the UPSC, on grounds of misbehaviour, to the Supreme Court for an enquiry.
  2. The Parliament can place the personnel system of any public institution within the jurisdiction of the UPSC.

  1. Only 1

  2. Only 2

  3. Both 1 and 2

  4. Neither 1 nor 2

Show answer
Correct Option: B
Explanation:

Statement (1) is wrong. The President refers the matters regarding removal of the UPSC Chairman and other members of the UPSC, on grounds of misbehaviour, to the Supreme Court for an enquiry. Statement (2) is correct. The jurisdiction of the UPSC can be extended by an act made by the Parliament. The additional functions relating to the services of the Union can be conferred on UPSC by the Parliament. It can also place the personnel system of any authority, corporate body or public institution within the jurisdiction of the UPSC. Hence, the jurisdiction of UPSC can be extended by an act made by the Parliament. 

Which of the following is / are correct?

  1. Finance Commission members are eligible for reappointment under GoI after resigning from the office.
  2. Despite its constitutional status, Finance Commission is only advisory in nature.
  3. The beneficiary states do not have legal right to receive grants recommended by the Finance Commission.

  1. 1 and 3

  2. Only 2

  3. 2 and 3

  4. 1, 2 and 3

Show answer
Correct Option: D
Explanation:

Statement 1 is correct. Commission members are eligible for reappointment provided they have, by means of a letter addressed to the President, resigned their office.

Statement 2 is correct. Recommendations of the Finance Commission are not binding on the government. Statement 3 is correct. Recommendations of the Finance Commission are not binding on the government. It is up to the union government to implement its recommendations on granting money to the states.

Consider the following:

  1. There is an overlapping of functions between Planning and Finance Commission.
  2. Finance Commission's primary objective is distribution of revenue and grants among the states.
  3. Defence affairs are included in Planning Commission. Which of the following statements is / are correct?

  1. Only 1

  2. 1 and 2

  3. 2 and 3

  4. 1, 2 and 3

Show answer
Correct Option: B
Explanation:

Statement 1 is correct. The overlapping work and responsibilities between the finance and planning commission have been criticized.

Statement 2 is correct. The main function of Finance Commission is in determining the revenue gap in each state and to fill such gaps it provides schemes of devolution partly by distribution of taxes and duties and partly by grants-in-aid. Statement 3 is wrong. Planning commission does not deal with defence and foreign affairs.

Which of the following statements is/are incorrect?

  1. The Finance Commission is a constitutional body.
  2. The Finance Commission came into force by the enactment of the Finance Commission Act of 1951.
  3. The requisite qualifications for appointing Finance commission members are not provided by the Constitution.

  1. Only 1

  2. Only 2

  3. Only 2 and 3

  4. All 1, 2 and 3

Show answer
Correct Option: B
Explanation:

Statement 1 is correct. It was established under Article 280 of the Indian Constitution by the President of India. Therefore, it is a constitutional body.

Statement 2 is wrong. The Finance Commission Act, 1951 lays down rules regarding qualification and disqualification of members of the Commission, their appointment, term, eligibility and powers. Statement 3 is correct. The Finance Commission Act of 1951 states the terms of qualification, appointment and disqualification, the term, eligibility and powers of the Finance Commission. The Parliament may by law determine the requisite qualifications for appointment as members of the Commission and the procedure of selection.

Consider the following statements about National Development Council (NDC):

  1. The Five Year Plan is first presented to the NDC and then to the Parliament.
  2. The Secretary to the Planning Commission and NDC is the same person.
  3. The emergence of regional parties in states fortifies the federal nature of NDC. Which of the above is / are correct?

  1. Only 1

  2. 1 and 2

  3. Only 3

  4. 1, 2 and 3

Show answer
Correct Option: D
Explanation:

Statement 1 is correct. The draft of FYP is prepared by Planning commission and then presented to the union cabinet. After its approval it is placed before NDC for acceptance and then is presented to the Parliament.

Statement 2 is correct. The secretary to the Planning commission acts as the secretary to NDC. Statement 3 is correct. The emergence of regional parties has increased the participation of states in the preparation of national plan.

Which of the following is / are correct?

  1. Salaries of the NHRC members are determined by the Central government.
  2. NHRC cannot inquire suo motu on cases involving human rights violation.
  3. NHRC can intervene in such pending cases before a court involving allegations of human rights violation.

  1. 1 and 2

  2. 1 and 3

  3. 2 and 3

  4. 1, 2 and 3

Show answer
Correct Option: B
Explanation:

Statement 1 is correct. The salaries, allowance and other service conditions of the Commission members are determined by the Central government.

Statement 2 is wrong. The NHRC can either suo motu or act on a petition presented to it. Statement 3 is correct. NHRC can intervene in any proceeding involving allegations of violations of human rights.

Consider the following statements about NHRC:

  1. NHRC also reviews the living condition of jail inmates.
  2. NHRC is allowed to review Article 21.
  3. NHRC can study treaties and other international instruments that can affect human rights.

Which of the above is/are correct?

  1. Only 1

  2. 1 and 2

  3. 2 and 3

  4. 1, 2 and 3

Show answer
Correct Option: D
Explanation:

Statement 1 is correct. NHRC visits jails and detention places to study the living conditions of

inmates and make recommendations.

Statement 2 is correct. NHRC can review the constitutional and other legal safeguards for the protection of human rights and recommend measures for its effective implementation. Statement 3 is correct. NHRC also studies treaties and other international instruments on human rights.

Which of the following is/are correct?

  1. Planning Commission does not have direct influence on the states.
  2. The National Development Council (NDC) reviews the working of the national plan.
  3. The Deputy Chairman of Planning Commission is the executive head of NDC.

  1. 1 only

  2. 1 and 2

  3. 2 and 3

  4. 1, 2 and 3

Show answer
Correct Option: B
Explanation:

Statement 1 is correct. Planning Commission is more influential at the centre as Prime Minister is the commission`s head. Its influence at states is indirect, especially if the states are not too much dependent on the financial assistance from the union. Statement 2 is correct. The NDC reviews the working of the national plan from time to time and recommends measures for the achievement of the objectives of national plan. Statement 3 is wrong. The head of NDC is also the Prime Minister.

Which of the following statements is/are correct?

  1. In certain cases, the Parliament may establish Joint Public Service Commission on recommendation of states.
  2. Indian Foreign Services come under Central Services.
  3. All India Services are regulated by the Parliament, which gives more power to union over state.

  1. Only 1

  2. Both 1 and 2

  3. Only 3

  4. All 1, 2 and 3

Show answer
Correct Option: D
Explanation:

Statement 1 is correct. The Parliament provides for the establishment of Joint Public Service Commission for a group of states in pursuance of a resolution to that effect being passed by the State Legislatures concerned.

Statement 2 is correct. All India Services are different from Central Services. Central Services refer to services throughout the country. Indian Foreign Service is a Central Service. Statement 3 is correct. The conditions of service, recruitment, discipline, etc. are regulated by an act of the Parliament like All India Service Act, 1951. As All India Service officers are controlled by the Union Government, such services provide more control of the union over states.

Which of the following maintains the independence and impartiality of the Election Commission?

  1. The Chief Election Commissioner does not hold his office till the pleasure of the President.
  2. Debarment of the retiring election commissioners from further appointment by the government.

  1. Only 1

  2. Only 2

  3. Both 1 and 2

  4. Neither 1 nor 2

Show answer
Correct Option: A
Explanation:

Statement 1 is correct. The Chief Election Commissioner is removed by passing a resolution to that effect by both Houses of the Parliament with special majority. Statement 2 is wrong. The constitution does not debar the retiring election commissioners from any further appointment by the government.

Which of the following statements is/are correct?

(1) Finance Commission has all powers of the civil court as per the Court of Civil Procedure, 1908. (2) The manner in which a Finance Commission member is to be selected is statutory in nature.
(3) Finance Commission can ask for the production of any public record or document from any court or office.

  1. (1) and (2)

  2. (2) and (3)

  3. Only (3)

  4. (1), (2) and (3)

Show answer
Correct Option: D
Explanation:

Statement (1) is correct. The Commission has the power to determine their own procedure and has all powers of the civil court as per the Court of Civil Procedure, 1908. The Commission can summon and enforce the attendance of any witness or ask any person to deliver information or produce a document, which it deems relevant.

Statement (2) is correct. The Finance Commission (Miscellaneous Provisions) Act, 1951 lays down rules regarding qualification and disqualification of members of the Commission, their appointment, term, eligibility and powers. Statement (3) is correct. The Commission has the power to determine their own procedure and has all powers of the civil court as per the Court of Civil Procedure, 1908.The Commission can summon and enforce the attendance of any witness or ask any person to deliver information or produce a document, which deems relevant to it.

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