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Constitutional & Extra-Constitutional Bodies

Description: Constitutional & Extra-Constitutional Bodies
Number of Questions: 20
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Tags: Constitutional & Extra-Constitutional Bodies Indian Polity
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Which of the following statements is/are correct?

  1. The President decides the number of election commissioners.
  2. Chief Election Commissioner is the Chairman of Election Commission during the appointment of election commissioners.
  3. Till date, there have been three election commissioners at maximum.
  1. 1 and 3

  2. Only 2

  3. 2 and 3

  4. 1, 2 and 3


Correct Option: D
Explanation:

Statement 1 is correct. The President decides the number of election commissioners. Statement 2 is correct, though all the three members have equal powers. Statement 3 is correct. Among the three members, one is the Chief Election Commissioner and two other election commissioners.

Which of the following is/ are correct?

  1. Half of the members of the UPSC should have held office for at least 10 years under the Government of India.
  2. Parliament does not have a role in deciding the salaries of the members of the UPSC.
  3. A member of UPSC is eligible for employment under the Government of India.
  1. Only 1

  2. 1 and 2

  3. Only 3

  4. 1 and 3


Correct Option: B
Explanation:

Statement 1 is correct.  One half of the members of the commission should have held office for at least 10 years either under the GoI or under the government of state.

Statement 2 is correct. The entire expense of the chairman and the UPSC members are changed on the Consolidated Fund of India which is not subjected to vote of Parliament. Statement 3 is wrong. A member of UPSC on ceasing to hold office is eligible for appointment as the chairman of UPSC or SPSC but not for any other employment under GoI or state.

Consider the following:

  1. UPSC is not concerned with the pay and service conditions of civil servants.
  2. UPSC is a central personnel agency.
  3. The members other than the chairman of UPSC are eligible for appointment as chairman of state public commission. Which of the above is / are incorrect?
  1. 1 and 3

  2. Only 2

  3. 2 and 3

  4. 1, 2 and 3


Correct Option: B
Explanation:

Statement 1 is correct. Salaries, service conditions, etc. of civil servants is handled by the Department of Personnel and Training.

Statement 2 is wrong. UPSC is a central recruiting agency. Statement 3 is correct. A member of UPSC on ceasing to hold office is eligible for appointment as the chairman of UPSC or SPSC but not for any other employment under GoI or state. The chairman of UPSC is not eligible for further appointment under GoI or state.

Consider the following statements:

  1. The chairman of finance commission should have wide experience in public affairs primarily.
  2. One of the members of Finance Commission has the qualification of a judge of High Court.
  3. Grants-in-aid are given for promotion of welfare in tribal areas in certain states. Which of the above is / are incorrect?
  1. Only 2

  2. 1 and 3

  3. 2 and 3

  4. None of these


Correct Option: D
Explanation:

Statement 1 is correct. The chairman must be a person having experience in public affairs.

Statement 2 is correct. One of the member among the four other members of the commission excluding the chairman, can be a high court judge or one qualified to be appointed as one. Statement 3 is correct. The Union provides states grants-in-aid for the promotion of welfare of tribal areas.

Consider the following statements about Planning Commission:

  1. It is an extra-constitutional body.
  2. It is also a statutory body.
  3. Planning Commission does not have executive responsibilities.

Which of the above is/are correct?

  1. Only 1

  2. 1 and 3

  3. 2 and 3

  4. 1, 2 and 3


Correct Option: B
Explanation:

Statement 1 is correct. The Planning Commission was established by an executive resolution of the union cabinet on the recommendation of Advisory Planning Board. It was not made by the constitution. Statement 2 is wrong because it is not established by an act of the Parliament. Statement 3 is correct. It is only an advisory body and the implementation of its recommendations depends on centre and state governments.

Which of the following is / are correct?

  1. The President can remove the members of State Public Service Commission if these members of SPSC are engaged in any paid employment outside the duties of their office during their term of office.
  2. The recommendations of Union Public Service Commission are not binding upon the central government.
  1. Only 1

  2. Only 2

  3. Both 1 and 2

  4. Neither 1 nor 2


Correct Option: C
Explanation:

Statement 1 is correct. The President can remove the members of the Union Public Service Commission and State Public Service Commission also even though the members of the State PSC are appointed by the Governor. For removing these members of UPSC and SPSC on ground of misbehaviour, the President refers such matters to the Supreme Court for an inquiry. Statement 2 is correct. The recommendations given by the UPSC are not mandatory in nature.

Consider the following statements:

  1. The Deputy Chairman of the Planning Commission enjoys the privilege to attend the cabinet meetings.
  2. The Deputy Chairman of Planning Commission is appointed by the President of India. Which of the above is / are correct?
  1. Only 1

  2. Only 2

  3. Both 1 and 2

  4. Neither 1 nor 2


Correct Option: A
Explanation:

Statement 1 is correct. The Deputy Chairman enjoys the rank of a Cabinet Minister. He is invited to all cabinet meetings but he is not allowed to vote in these meetings. Statement 2 is wrong. The Deputy Chairman of the Planning Commission is appointed by the Central Cabinet for a fixed tenure and enjoys the rank of a cabinet minister.

Which of the following is/are correct?

  1. The Chairman of NHRC has to be a retired Chief Justice of India.
  2. One of the members of the NHRC has to be either a serving or retired judge of the Supreme Court of India.
  3. There are only four ex-officio members in NHRC.
  1. Only 1

  2. 1 and 3

  3. 2 and 3

  4. 1, 2 and 3


Correct Option: D
Explanation:

Statement 1 is correct. The qualification for the chairman of NHRC is that he/she should be a retired Chief Justice of India. Statement 2 is correct. The four members of the commission include a retired or serving Supreme Court judge; another, retired or serving chief justice of High Court and two persons having wide knowledge on human rights. Statement 3 is correct. The four ex-officio members of NHRC are chairmen of National Commissions for Minorities, SCs, STs and Women.

Which of the following is / are the ex- officio member(s) of the NHRC?

  1. Chairman of the National Commission for Minorities
  2. Chairmen of National Commissions for SCs and STs
  3. Head of the Women and Child Welfare Ministry
  4. Social Justice and Empowerment Minister at central level.
  1. Only 1

  2. 1 and 2

  3. 1, 3 and 4

  4. 1, 2, 3 and 4


Correct Option: B
Explanation:

The four ex-officio members of NHRC are chairmen of National Commissions for Minorities, SCs, STs and Women.

Who among the following is/are member(s) of the committee that recommends the appointment of the NHRC chairman?

  1. Speaker of the Lok Sabha
  2. Deputy Chairman of Rajya Sabha
  3. Opposition Leader in the Rajya Sabha
  4. Central Home Minister
  1. Only 4

  2. 1 and 3

  3. 1, 2 and 3

  4. 1, 2, 3 and 4


Correct Option: D
Explanation:

The chairman and members of NHRC commission are appointed by the President on the recommendation of six member committee including Prime Minister as the head, Speaker of the Lok Sabha, Deputy Chairman of the Rajya Sabha, leaders of the opposition in both the houses of the Parliament and the Central Home Minister.

Which of the following statements is / are incorrect?

  1. India has not yet acceded to the International Covenants on Economic Rights.
  2. International Covenants on civil, political, social and cultural rights are part of the UN General Assembly.
  3. A.M.Ahmadi Committee recommends for the non-recognition of paramilitary forces under armed forces.
  1. Only 1

  2. 1 and 2

  3. 2 and 3

  4. 1, 2 and 3


Correct Option: A
Explanation:

Statement 1 is wrong. India has acceded to the international covenants on civil, political, economic, social and cultural rights by UN.

Statement 2 is correct. The UN General Assembly have adopted above such conventions also. Statement 3 is correct. Ahmadi committee recommended that the definition of the 'armed forces' should be changed such that it includes navy army and air force only.

Consider the following statements:

  1. The President is the chairman of the Planning Commission.
  2. The deputy chairman of the Planning Commission submits the draft of Five Year Plan to the Cabinet.
  3. Certain central ministers can be part time members of the Planning Commission. Which of the above is / are not correct?
  1. Only 1

  2. Only 2

  3. 1 and 2

  4. 2 and 3


Correct Option: A
Explanation:

Statement 1 is wrong. Prime Minister is the chairman of the commission.

Statement 2 is correct. The deputy chairman of the commission is the de facto executive head of the commission and is responsible for formulation and submission of the draft of five year plan to the central cabinet. Statement 3 is correct. Some central ministers are appointed as part time members of the commission.

Which of the following are members of the National Development Council?

  1. Chief Ministers
  2. Union Cabinet Ministers
  3. Members of Legislative Assembly
  4. Members of House of Council
  1. 1 and 2

  2. 2 and 4

  3. 1, 2 and 4

  4. None of the above


Correct Option: A
Explanation:

The members of NDC are Prime Minister, all union cabinet ministers, Chief Ministers of all states, Administrators/Chief Ministers of union territories and members of Planning Commission.

Consider the following statements:

  1. National Human Rights Commission (NHRC) is a non-constitutional and statutory body.
  2. NRHC was established under the Protection of Human Rights Act, 1993.
  3. Protection of Human Rights Act, 1993 also provides Human Rights Court in every district. Which of the above is / are incorrect?
  1. 1 and 2

  2. 2 and 3

  3. 1, 2 and 3

  4. None of the above


Correct Option: D
Explanation:

Statement 1 is correct. It is not established by the constitution but it is statutory in nature as it is established by the Parliament.

Statement 2 is correct. The Protection of Human Rights Act, 1993 was enacted by the parliament for the creation of NHRC. Statement 3 is correct. Protection of Human Rights Act, 1993 provides for the establishment of such courts in every district for speedy trials of violation of human rights.

Consider the following statements:

  1. The emergence of Planning Commission has led to the curtailment of certain functions of the Finance Commission.
  2. Planning is also criticized as 'Parallel Cabinet'.
  3. Planning Commission and Finance Commission could not be merged together without amendment of the constitution. Which of the above is / are correct?
  1. Only 1

  2. Only 3

  3. 1 and 3

  4. 1, 2 and 3


Correct Option: D
Explanation:

Statement 1 is correct. The overlapping work and responsibilities between the Finance and Planning Commission have been criticized.

Statement 2 is correct. Planning Commission has become powerful with time and its recommendations are considered both by centre and state. Statement 3 is correct because Finance Commission is a constitutional body.

Which of the following statements is/are correct in relation to the Election Commission of India?

  1. It is considered an all-India body.
  2. It also conducts election for the office of the Vice President of India.
  3. It provides guidelines for Municipal and Panchayat elections.
  1. Only 1

  2. 1 and 2

  3. 2 and 3

  4. 1, 2 and 3


Correct Option: B
Explanation:

Statement 1 is correct. It conducts election for the President, Vice President, Parliament and State Legislature. Statement 2 is correct. Election for the office of the Vice President is conducted by the Election Commission.  Statement 3 is wrong. For this, there is a separate State Election Commission.

In context of public service commission, what does Article 311(2) refer to?

  1. To save public servants from caprices of officers of inferior rank

  2. To enable public servants to cross examine witnesses produced against them

  3. To distinguish security of tenure of civil servants from services of groups A and B

  4. None of these


Correct Option: A
Explanation:

Article 311(2) is for protecting a civil servant from the caprices of officers of inferior rank.

Which of the following statements is/are incorrect?

  1. The Constitution of India has not prescribed the educational qualifications of the members of the Election Commission.
  2. The Constitution of India authorises the Parliament to determine the qualifications required by the members of the Finance Commission.
  1. Only 1

  2. Only 2

  3. Both 1 and 2

  4. Neither 1 nor 2


Correct Option: D
Explanation:

Statement 1 is correct. The constitution has not prescribed any legal, educational or administrative qualifications required by the members of the Election Commission. Statement 2 is correct. The Constitution authorises the Parliament to determine the qualification of members of the commission and the manner in which they should be elected. 

Which of the following statements is/are correct?

  1. Finance Commission augments consolidated fund of a state for its Panchayats and Municipalities.
  2. Recommendations of the Finance Commission are not binding on the government.
  3. Grant-in-aid may include capital grants also.
  1. 1 and 2

  2. 2 and 3

  3. Only 3

  4. 1, 2 and 3


Correct Option: D
Explanation:

Statement 1 is correct. It recommends the President about the measures needed to increase the consolidated fund of a state to aid both panchayats and municipalities.

Statement 2 is correct. These are only advisory in nature and not binding on the government. Statement 3 is correct. Grants-in-aid can also include capital grants apart from revenue grants.

Which of the following statements is/are correct?

  1. Both Finance and Planning Ministers are the ex-officio members of the Planning Commission.
  2. Planning Commission is specifically a centre-constituted body.
  3. Planning Commission is only advisory in nature.
  1. Only 2

  2. 1 and 2

  3. Only 3

  4. 1, 2 and 3


Correct Option: D
Explanation:

Statement 1 is correct. The Finance Minister and Planning Minister are the ex-officio members of the Planning Commission.

Statement 2 is correct. The state governments are not represented in the commission. It is a centre constituted body. Statement 3 is correct. The commission drafts plan which is not binding on the government.

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