Polity Set 131
π
π Polity β’ Human Rights Commission
Q.1) The National Human Rights Commission (NHRC) is a multi-member body. Following the 2019 amendment, it consists of a chairperson and how many full-time members?
Ans > Five
- Legislative Evolution: The Protection of Human Rights Act was initially passed in 1993 to establish the NHRC. The 2019 amendment significantly altered its structure to make it more inclusive and responsive to contemporary human rights challenges across India.
- Composition Breakdown: The five full-time members must include one person who is or has been a Judge of the Supreme Court, one who is or has been the Chief Justice of a High Court, and three persons having knowledge or practical experience in matters relating to human rights.
- Mandatory Female Representation: A crucial addition in the 2019 amendment was the strict mandate that out of the three members appointed for their practical human rights experience, at least one must be a woman.
- Term of Office Modifications: The 2019 amendment also reduced the term of the chairperson and members from five years to three years (or until they attain the age of 70 years, whichever is earlier), allowing for more frequent rotation of leadership.
π Polity β’ Human Rights Commission
Q.2) In addition to the full-time members, the NHRC has several ex-officio members. How many ex-officio members currently serve on the NHRC?
Ans > 7
- Concept of Ex-Officio Membership: “Ex-officio” means that these individuals are members of the NHRC automatically by virtue of holding another specific office. This ensures that the NHRC benefits from the specialized perspectives of other national commissions without requiring separate appointments.
- The 2019 Expansion: Prior to the 2019 amendment, there were fewer ex-officio members. The amendment specifically added the Chairpersons of the National Commission for Backward Classes (NCBC), the National Commission for Protection of Child Rights (NCPCR), and the Chief Commissioner for Persons with Disabilities.
- Inter-commission Synergy: By including the heads of commissions dedicated to Scheduled Castes, Scheduled Tribes, Minorities, Women, Children, Backward Classes, and Persons with Disabilities, the NHRC acts as a holistic umbrella organization that can address intersecting human rights violations.
- Voting Rights and Authority: These ex-officio members enjoy full voting rights and participate in the statutory proceedings of the NHRC, ensuring that marginalized and vulnerable groups have a direct voice in high-level human rights discourse.
π Polity β’ Investigative Agencies
Q.3) The Director of the Central Bureau of Investigation (CBI) is appointed by the Central Government on the recommendation of a three-member committee consisting of the Prime Minister, the Chief Justice of India, and:
Ans > The Leader of Opposition in the Lok Sabha
- Statutory Backing: The CBI derives its power to investigate from the Delhi Special Police Establishment (DSPE) Act, 1946. The specific mechanism for appointing the Director was formally codified and altered by the Lokpal and Lokayuktas Act of 2013.
- The Selection Committee Structure: To insulate the CBI from purely political appointments, the three-member committee balances executive power (Prime Minister), judicial oversight (Chief Justice of India or a Supreme Court Judge nominated by them), and democratic opposition (Leader of Opposition).
- Handling Vacancies in Opposition: If there is no formally recognized Leader of Opposition (which requires 10% of the seats in the Lok Sabha), the law stipulates that the leader of the single largest opposition party in the Lok Sabha assumes this role on the committee.
- Fixed Tenure Security: Once appointed, the CBI Director is guaranteed a minimum tenure of two years, a rule established following the Supreme Court’s landmark Vineet Narain judgment (1997) to ensure the Director can operate without fear of sudden retaliatory transfers.
π Polity β’ Investigative Agencies
Q.4) The Enforcement Directorate (ED), responsible for enforcing economic laws and fighting economic crime in India, functions under the administrative control of the:
Ans > Ministry of Finance (Department of Revenue)
- Historical Origin: The ED was formed in 1956 as an ‘Enforcement Unit’ within the Department of Economic Affairs to handle Exchange Control Law violations. In 1957, it was renamed the Enforcement Directorate, and in 1960, administrative control was transferred to the Department of Revenue.
- Core Legislative Mandate: The ED’s primary function is the strict enforcement of two major economic laws: the Foreign Exchange Management Act, 1999 (FEMA) and the Prevention of Money Laundering Act, 2002 (PMLA), targeting financial fraud and illicit wealth.
- Fugitive Economic Offenders: In recent years, the ED was also empowered to enforce the Fugitive Economic Offenders Act, 2018 (FEOA). This law allows the directorate to attach the properties of economic offenders who have fled India to avoid prosecution.
- Distinction from CBI: Unlike the CBI, which handles a wide array of corruption and violent crime cases under the Ministry of Personnel, the ED is strictly a specialized financial investigation agency, which is why it remains anchored within the Ministry of Finance.
π Polity β’ Investigative Agencies
Q.5) Following legislative amendments in 2021, the tenure of the Directors of the CBI and the Enforcement Directorate (ED) can be extended incrementally up to a maximum of:
Ans > 5 years
- The 2021 Ordinances and Acts: The Government of India introduced the Central Vigilance Commission (Amendment) Act, 2021, and the Delhi Special Police Establishment (Amendment) Act, 2021, to legally alter the tenure limits for the heads of these two premier investigative agencies.
- Incremental Extension Mechanism: The law does not grant a flat five-year term upfront. The Directors still have an initial fixed tenure of two years. After this, their term can be extended one year at a time, requiring documented justification, up to a maximum total of five years.
- Rationale for Extension: The government argued that complex financial crimes and international corruption networks require prolonged, uninterrupted leadership to ensure continuity in high-stakes, long-term investigations that span multiple jurisdictions.
- Judicial Scrutiny: These extensions have faced legal challenges. The Supreme Court has upheld the statutory validity of these extensions but cautioned that such extensions should be granted only in “rare and exceptional cases” for the sake of public interest.
π Polity β’ Disaster Management
Q.6) Who is the ex-officio Chairman of the National Disaster Management Authority (NDMA), established under the Disaster Management Act of 2005?
Ans > The Prime Minister
- Genesis of NDMA: The devastating Indian Ocean Tsunami of 2004 exposed critical gaps in India’s disaster response capabilities. This led directly to the enactment of the Disaster Management Act in 2005, which formally established the NDMA.
- Apex Body Structure: The NDMA serves as the apex body for disaster management in India. Having the Prime Minister as the ex-officio Chairman ensures that the authority carries maximum political weight and can seamlessly coordinate across all central ministries during a crisis.
- Shift in Paradigm: The creation of the NDMA marked a historic shift in India’s approach to disastersβmoving away from a purely reactive, relief-centric approach toward a proactive paradigm of prevention, mitigation, and deep-rooted preparedness.
- State and District Equivalents: The 2005 Act mandates a cascading institutional structure. Just as the PM heads the NDMA, Chief Ministers head the State Disaster Management Authorities (SDMAs), and District Magistrates/Collectors head the District Disaster Management Authorities (DDMAs).
π Polity β’ Human Rights
Q.7) A State Human Rights Commission (SHRC) submits its annual report to the:
Ans > State Government
- Jurisdictional Limits: An SHRC is strictly limited to inquiring into violations of human rights related to subjects enumerated in the State List (List II) and the Concurrent List (List III) of the Seventh Schedule of the Indian Constitution.
- The Reporting Mechanism: Under the Protection of Human Rights Act, the SHRC compiles an annual report of its activities, inquiries, and recommendations. This report is legally required to be submitted directly to the respective State Government, not the Governor.
- Legislative Accountability: Upon receiving the report, the State Government is constitutionally bound to lay it before the State Legislature. Crucially, the government must also attach a memorandum explaining the actions taken (or not taken) on the Commission’s recommendations.
- Non-Binding Nature: Like the NHRC, the SHRC is essentially a recommendatory body. It does not have the power to punish violators or award financial relief directly; it can only recommend such actions to the State Government or competent courts.
π Polity β’ Information Commission
Q.8) The Chief Information Commissioner (CIC) can be removed from office by the President on the grounds of proved misbehavior or incapacity only after an inquiry conducted by the:
Ans > Supreme Court of India
- Security of Tenure: The Right to Information (RTI) Act of 2005 provides robust security of tenure to the CIC to protect the office from political interference or retaliatory removal by the executive branch they are tasked with holding accountable.
- Grounds for Removal: The strict grounds for removal are “proved misbehavior or incapacity.” However, the President cannot determine this subjectively; the matter must be legally referred to the Supreme Court of India for a formal, binding inquiry.
- Supreme Court’s Role: If the Supreme Court, after conducting its inquiry, reports back to the President upholding the charges of misbehavior or incapacity, only then is the President empowered to formally remove the CIC from office.
- Suspension Powers: While the Supreme Court inquiry is pending, the President retains the executive authority to temporarily suspend the CIC from office, and if necessary, prohibit them from attending the office during the investigation.
π Polity β’ Anti-Corruption Bodies
Q.9) The institution of the “Ombudsman” (the inspiration for the Lokpal) was first created in 1809 in which country?
Ans > Sweden
- Historical Genesis: The modern concept of the ombudsman originated in Sweden. The Swedish Parliament established the office of the Justitieombudsman in 1809 to act as an independent grievance redressal authority against administrative abuses by the government.
- Etymology and Meaning: The word “ombudsman” is derived from Old Norse and translates roughly to “representative” or “proxy.” It signifies a trusted, independent official appointed to investigate complaints lodged by ordinary citizens against public authorities or government officials.
- Global Expansion: Following Sweden’s success, the model remained largely Scandinavian until New Zealand became the first English-speaking nation to adopt the ombudsman system in 1962, sparking a global wave of adoption across various democratic nations.
- Indian Adaptation: In India, this concept inspired the creation of the Lokpal at the central level and Lokayuktas at the state level. The term “Lokpal” was famously coined by the Indian jurist and parliamentarian L.M. Singhvi in 1963.
π Polity β’ NITI Aayog
Q.10) The Governing Council of NITI Aayog comprises the Prime Minister as its Chairman and:
Ans > Chief Ministers of all States and Lt. Governors of Union Territories
- Cooperative Federalism: NITI Aayog (National Institution for Transforming India) was established in 2015 to replace the top-down model of the Planning Commission. Its primary ideological pillar is “cooperative federalism”βtreating states as equal partners in national development.
- Composition of the Council: To actualize this federal structure, the Governing Council brings together the Prime Minister, the Chief Ministers of all States, Chief Ministers of Union Territories with Legislatures (Delhi, Puducherry, J&K), and Lt. Governors of other Union Territories.
- Replacement of NDC: The Governing Council essentially performs the consultative role previously held by the National Development Council (NDC). It acts as the premier platform for the Centre and States to debate and forge consensus on national development priorities.
- Special Invitees and Experts: Alongside the formal political heads, the Prime Minister frequently invites domain experts, specialists, and specific Union Cabinet Ministers to Governing Council meetings to provide targeted expertise on economic and social policies.
π Polity β’ Finance Commission
Q.11) To whom does the Finance Commission (Article 280) submit its report containing recommendations regarding the distribution of tax revenues?
Ans > The President of India
- Constitutional Mandate: Article 280 of the Indian Constitution mandates the President to constitute a Finance Commission every five years. Its primary duty is to recommend the distribution of the net proceeds of taxes between the Union and the States.
- Role of the President: Because the Finance Commission is an independent, constitutional, quasi-judicial body appointed by the President, it bypasses the executive ministries and submits its final report directly to the President of India.
- Explanatory Memorandum: Under Article 281, the President is required to have the report laid before each House of Parliament. Crucially, it must be accompanied by an “explanatory memorandum” detailing the government’s action taken regarding the commission’s recommendations.
- Advisory Nature: While the Finance Commission commands immense respect and its recommendations are conventionally accepted by the government, its reports are legally advisory. The Union Government is not constitutionally bound to accept every recommendation exactly as presented.
π Polity β’ GST Council
Q.12) The Goods and Services Tax (GST) Council was established by the 101st Amendment Act. What is the quorum required for a meeting of the GST Council?
Ans > One-half of the total number of members
- Constitutional Creation: The GST Council is a constitutional body established under Article 279A, inserted by the 101st Constitutional Amendment Act, 2016. It is designed to make binding recommendations on GST rates, exemptions, and administrative procedures.
- The Concept of Quorum: A quorum is the minimum number of members who must be physically or virtually present to legally conduct the business of a meeting. Without a quorum, no binding decisions or votes can take place.
- Importance of High Quorum: The Constitution specifically mandates a quorum of one-half (50%) of the total members. This high threshold ensures that decisions fundamentally altering the nation’s indirect tax structure cannot be taken by a small, non-representative minority of states.
- Joint Forum Structure: The Council functions as a joint forum of the Centre and the States, meaning the quorum must be met by a combination of the Union Finance Minister, the Union Minister of State for Finance, and the nominated State Finance Ministers.
π Polity β’ GST Council
Q.13) In the GST Council, the vote of the Central Government has a weightage of:
Ans > One-third of the total votes cast
- Weighted Voting System: Article 279A(9) of the Constitution designs a highly specific weighted voting system to balance power between the federal government and the regional state governments, preventing either side from completely dominating tax policy.
- Union’s Veto Power: By assigning exactly one-third (33.33%) of the voting weight to the Central Government, the constitutional design effectively grants the Centre a veto. Since a 75% majority is required to pass a decision, no resolution can pass without the Centre’s agreement.
- Fiscal Federalism Balance: This one-third weight ensures that the Union government retains a strong, stabilizing hand in national macroeconomic policy, safeguarding the country’s overall fiscal health against potentially populist, localized tax demands from individual states.
- Dispute Resolution Mechanism: Because of this strict voting weight, the GST Council is designed to foster negotiation. If the Centre and States clash, they are forced to negotiate until a consensus is reached, rather than one party unilaterally steamrolling the other.
π Polity β’ GST Council
Q.14) In the GST Council, the votes of all the State Governments combined have a weightage of:
Ans > Two-thirds of the total votes cast
- Collective Bargaining Power: The Constitution allocates exactly two-thirds (66.66%) of the total voting weight to the State Governments combined. This ensures that the collective will of the states heavily influences the nation’s indirect taxation framework.
- Equal Footing Among States: Notably, every state has an equal vote within this two-thirds weightage, regardless of its population, geographic size, or economic contribution. Sikkim holds the exact same voting power in the Council as Maharashtra or Uttar Pradesh.
- Necessity of Consensus: Just as the Centre has a veto, the states also collectively hold a veto. Because a 75% majority is needed, the Centre (with its 33.33%) cannot pass any GST decision without the support of a significant number of states.
- Overcoming the 75% Hurdle: To pass a resolution without the Centre, the States would theoretically need 75% of the vote. Since they only possess 66.66%, it is mathematically impossible for the States to pass a resolution if the Centre opposes it.
π Polity β’ GST Council
Q.15) Every decision of the GST Council is taken by a majority of not less than what fraction of the weighted votes of the members present and voting?
Ans > Three-fourths
- The Three-Fourths Threshold: Article 279A dictates that every decision must pass by a minimum of a three-fourths (75%) majority of the weighted votes of the members present and voting. This is a very high bar for legislative or executive action.
- Preventing Unilateral Action: This specific 75% threshold was engineered to ensure that neither the Central Government (which holds 33.33% weight) nor the collective State Governments (which hold 66.66% weight) can make unilateral changes to the GST regime.
- Historic Consensus: Despite this high threshold, which mathematically requires intense negotiation, the vast majority of decisions in the GST Council since its inception in 2017 have been passed by unanimous consensus rather than requiring a divisive formal vote.
- Voting vs. Consensus: Formal voting is rarely utilized in the Council. The design intentionally pressures the Union Finance Minister and State Ministers into prolonged dialogue to find middle ground, preserving the spirit of cooperative federalism.
π Polity β’ UPSC
Q.16) The Chairman and members of the Union Public Service Commission (UPSC) can be removed by the President before the expiry of their term on the grounds of misbehavior after an inquiry by the:
Ans > Supreme Court of India
- Constitutional Safeguards: Under Article 317 of the Constitution, members of the UPSC enjoy robust security of tenure. They cannot be removed arbitrarily by the executive, ensuring the independence of the civil service recruitment process from political pressure.
- The Role of the Judiciary: If a UPSC member is accused of “misbehavior,” the President must refer the matter to the Supreme Court of India. The Court conducts an independent, judicial inquiry into the allegations to determine their validity.
- Definition of Misbehavior: The Constitution explicitly defines “misbehavior” in this context. A member is deemed guilty of misbehavior if they become interested in any government contract or agreement, or participate in the profit of such a contract like a regular corporate member.
- Presidential Suspension: During the period that the Supreme Court is conducting its inquiry, the President of India has the authority to suspend the accused UPSC Chairman or member from their duties until final orders are passed.
π Polity β’ JSPSC
Q.17) Members of a Joint State Public Service Commission (JSPSC) are appointed by the:
Ans > President of India
- Statutory vs. Constitutional: While the UPSC and State Public Service Commissions (SPSCs) are created directly by the Constitution, a JSPSC is created by an Act of Parliament on the request of the state legislatures concerned, making it a statutory body.
- Presidential Appointment: Because a JSPSC spans across two or more separate states, placing appointment powers in the hands of a single Governor would create jurisdictional conflicts. Therefore, the power to appoint its Chairman and members rests exclusively with the President of India.
- Rationale for JSPSCs: JSPSCs are typically formed for smaller states or newly bifurcated states (like Punjab and Haryana in 1966) that may not immediately have the resources or the administrative scale to justify completely independent public service commissions.
- Reporting Mechanism: Unlike the UPSC, which reports to the President, the JSPSC must present its annual report of performance to the Governors of each of the participating states, who then lay the report before their respective state legislatures.
π Polity β’ NCSC
Q.18) The National Commission for Scheduled Castes (NCSC) investigates and monitors all matters relating to the constitutional safeguards provided for the SCs. To whom does the NCSC present its annual report?
Ans > The President of India
- Constitutional Obligation: Established under Article 338 of the Constitution, the NCSC is an independent body that bypasses executive ministries. Therefore, it submits its annual reports (or special reports as it deems fit) directly to the President of India.
- Parliamentary Scrutiny: Upon receiving the report, the President causes it to be laid before both Houses of Parliament. This ensures that the nation’s highest legislative body reviews the state of constitutional safeguards and welfare programs for the Scheduled Castes.
- State-Level Reports: If the commission’s report contains matters pertaining specifically to a state government, a copy of that specific portion is forwarded to the Governor of that state, who must then present it to the state legislature.
- Action Taken Report: The report presented to Parliament or the State Legislature must be accompanied by an “Action Taken Report” detailing what the government has done regarding the NCSC’s recommendations, and explaining reasons for non-acceptance of any advice.
π Polity β’ NCST
Q.19) Which Constitutional Amendment Act established the National Commission for Scheduled Tribes (NCST) as a separate entity from the NCSC?
Ans > 89th Amendment Act (2003)
- Historical Context: Originally, Article 338 provided for a single Special Officer for both SCs and STs. The 65th Amendment (1990) created a combined National Commission for SCs and STs. However, tribal leaders argued that ST issues were geographically and culturally distinct from SC issues.
- The 89th Amendment Act: Recognizing these distinct socio-economic and cultural needs, the 89th Constitutional Amendment Act of 2003 bifurcated the combined commission. It officially came into existence as a separate constitutional body in 2004.
- Article 338A: The 89th Amendment inserted a new Article, 338A, exclusively dedicated to the National Commission for Scheduled Tribes. It granted the NCST the same powers of a civil court trying a suit to investigate atrocities against tribal populations.
- Specialized Focus: This separation allowed the newly formed NCST to focus exclusively on unique tribal issues, such as forest rights, land alienation, displacement due to industrial projects, and the preservation of indigenous cultures and languages.
π Polity β’ Linguistic Minorities
Q.20) The Special Officer for Linguistic Minorities (Article 350B) is appointed by the:
Ans > President of India
- States Reorganization Commission: The original Constitution of India did not contain provisions for a Special Officer for Linguistic Minorities. The post was recommended by the States Reorganization Commission (1953-1955), which reorganized Indian states primarily along linguistic lines.
- Constitutional Insertion: Acting on this recommendation, the 7th Constitutional Amendment Act of 1956 inserted Article 350B into Part XVII of the Constitution, officially mandating the creation of this office to protect those who speak minority languages in any given state.
- Role and Functions: The Special Officer investigates all matters relating to the constitutional safeguards provided for linguistic minorities, such as the right to primary education in one’s mother tongue and non-discrimination in state employment.
- Reporting Structure: The Special Officer is appointed directly by the President of India. They must submit reports to the President at designated intervals, who then lays them before Parliament and sends them to the respective state governments.
π Polity β’ CAG
Q.21) Who was the first Comptroller and Auditor General (CAG) of independent India?
Ans > V. Narahari Rao
- The Architect of Indian Audit: V. Narahari Rao, an esteemed civil servant, served as the first Comptroller and Auditor General of independent India from 1948 to 1954, laying the foundational frameworks for public finance auditing in the newly formed republic.
- Pre-Independence Origins: The office of the CAG has deep colonial roots, dating back to 1858 when the British Crown took over Indian administration. Lord Canning appointed the first Auditor General, but Narahari Rao was the first to hold the post under the independent Indian state.
- Constitutional Status: The CAG is mentioned in Article 148 of the Constitution. Dr. B.R. Ambedkar famously described the CAG as arguably the most important officer in the Constitution of India, acting as the guardian of the public purse.
- Establishing Precedents: During his tenure, V. Narahari Rao was instrumental in interpreting the constitutional mandate of the CAG, ensuring that the executive was held strictly accountable to Parliament for every rupee spent from the Consolidated Fund of India.
π Polity β’ Election Commission
Q.22) Which constitutional body is responsible for preparing and maintaining the electoral rolls for the elections to the Parliament, State Legislatures, and the offices of President and Vice-President?
Ans > The Election Commission of India
- Universal Adult Suffrage: The Election Commission of India (ECI) was established on January 25, 1950 (celebrated as National Voters’ Day). It was tasked with the unprecedented historical challenge of preparing electoral rolls for millions of citizens based on universal adult suffrage.
- Comprehensive Mandate: Article 324 vests the “superintendence, direction, and control” of elections squarely with the ECI. This encompasses everything from registering political parties and verifying candidate affidavits to the exhaustive, year-round maintenance of the national voter list.
- Independent Constitutional Authority: The ECI is an independent, all-India body. To prevent local political manipulation, the Constitution deliberately tasked this central body with managing State Legislature elections, rather than allowing individual states to run their own legislative elections.
- Decoupling from State Machinery: It is important to note that the ECI does not conduct local body elections (Panchayats and Municipalities). Those are handled by separate State Election Commissions (SECs) created by the 73rd and 74th Amendment Acts.
π Polity β’ NDC
Q.23) The National Development Council (NDC) is an executive body created in 1952. Its secretary is the same as the secretary of the:
Ans > NITI Aayog (formerly Planning Commission)
- Historical Significance: The NDC was established in August 1952 via an executive resolution to serve as the highest decision-making authority in the country regarding development matters. It was designed to secure state cooperation in executing the Five-Year Plans.
- Shared Bureaucracy: To ensure deep administrative alignment between policy planning and state-level execution, the administrative structure was deeply intertwined. The Secretary of the Planning Commission automatically served as the Secretary of the NDC.
- Extra-Constitutional Status: The NDC is neither a constitutional body nor a statutory one. It was created strictly by a cabinet resolution. Despite this lack of legislative backing, it wielded immense influence over national economics for decades.
- Decline in Prominence: With the abolition of the Planning Commission and the rise of NITI Aayog in 2015, the NDC has effectively become defunct. Its consultative functions have been entirely absorbed by the Governing Council of NITI Aayog, though it hasn’t been formally abolished.
π Polity β’ Tribunals
Q.24) The Central Administrative Tribunal (CAT) is a statutory body established in 1985. It draws its mandate from which Article of the Constitution?
Ans > Article 323A
- The 42nd Amendment Act: Articles 323A and 323B were added to the Indian Constitution by the controversial 42nd Amendment Act of 1976 during the Emergency. These articles introduced the concept of specialized administrative and operational tribunals.
- Purpose of Tribunals: Article 323A specifically empowers Parliament to establish tribunals to adjudicate disputes and complaints regarding the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union.
- Scope of Article 323A: Unlike Article 323B, which deals with tribunals for various matters like taxation, foreign exchange, and land reforms, Article 323A is strictly limited to public service matters, aiming to reduce the massive backlog of service litigation in regular High Courts.
- Judicial Review Resurrected: Initially, the Act intended to exclude High Court jurisdiction over CAT decisions. However, in the landmark L. Chandra Kumar case (1997), the Supreme Court ruled that judicial review by High Courts is a basic structure of the Constitution, making CAT orders appealable to High Courts.
π Polity β’ Tribunals
Q.25) A State Administrative Tribunal (SAT) is established by the Central Government on the specific request of the:
Ans > State Government
- Federal Flexibility: Under the Administrative Tribunals Act of 1985, the Parliament did not force State Administrative Tribunals (SATs) upon the states. Instead, the Act provided an enabling framework, allowing states to opt-in based on their administrative and judicial needs.
- Central Government’s Role: According to Section 4(2) of the Act, the Central Government establishes a SAT, but it can only do so upon the receipt of a formal, specific request from the concerned State Government.
- Jurisdiction and Appeals: Once established, an SAT exercises original jurisdiction over all service matters relating to state government employees. Just like CAT, appeals against the decisions of an SAT lie before the division bench of the respective state’s High Court.
- Abolition of SATs: Interestingly, several states that requested SATs later found them ineffective or redundant and requested their abolition. States like Madhya Pradesh, Tamil Nadu, and Himachal Pradesh have successfully abolished their SATs over the years.
π Polity β’ Finance Commission
Q.26) The 15th Finance Commission of India was chaired by:
Ans > N.K. Singh
- Profile of N.K. Singh: Nand Kishore Singh is a prominent Indian politician, economist, and former IAS officer. His vast experience in fiscal policy made him the choice to lead the 15th Finance Commission, constituted in November 2017.
- Unique Terms of Reference: The 15th Finance Commission had highly debated Terms of Reference, particularly the mandate to use the 2011 population census data instead of the 1971 data for calculating state tax allocations, which caused friction with southern states.
- Impact of COVID-19: Due to the severe economic disruptions caused by the COVID-19 pandemic, the 15th FC had to submit its report in two separate parts: an interim report for the fiscal year 2020-21, and a final, comprehensive report for the period 2021-2026.
- Core Recommendations: One of the most significant recommendations was keeping the states’ share in the divisible pool of central taxes at 41% (down from 42% in the 14th FC, adjusting for the conversion of Jammu and Kashmir into Union Territories).
π Polity β’ Finance Commission
Q.27) The 16th Finance Commission of India (constituted for the period 2026-2031) is chaired by:
Ans > Arvind Panagariya
- Profile of Arvind Panagariya: Dr. Arvind Panagariya is an internationally renowned Indian-American economist and a professor at Columbia University. He is widely known in Indian policy circles for serving as the first Vice-Chairman of NITI Aayog from 2015 to 2017.
- Timeline and Applicability: The Government of India formally constituted the 16th Finance Commission on December 31, 2023. The Commission has been tasked with submitting its final report by October 31, 2025, covering the five-year award period from 2026 to 2031.
- Key Challenges Ahead: The Panagariya-led commission is tasked with balancing the Centre’s fiscal deficit targets with the states’ growing demands for higher revenue shares, especially in the context of rising state-level debt and populist welfare schemes.
- Continuity in Economic Policy: Appointing the former head of NITI Aayog signals the government’s desire for ideological continuity regarding economic reforms, cooperative federalism, and capital expenditure-driven growth strategies over the next five years.
π Polity β’ SPSC
Q.28) Who is empowered to extend the jurisdiction of a State Public Service Commission to cater to the needs of a local authority or corporate body?
Ans > The State Legislature
- Legislative Empowerment: Article 321 of the Indian Constitution grants specific powers to legislatures to expand the functions of Public Service Commissions. At the central level, Parliament holds this power; at the state level, it is the State Legislature.
- Local Authority Coverage: While an SPSC’s primary job is recruiting for state government services, the State Legislature can pass an Act to entrust the SPSC with recruitment tasks for municipal corporations, panchayats, or state-owned public sector undertakings.
- Easing Administrative Burden: This constitutional provision is often utilized to ensure that the recruitment processes for large, crucial civic bodies (like the Brihanmumbai Municipal Corporation or local electricity boards) maintain the same standards of merit and transparency as state civil services.
- Governor’s Assent: Like all state legislation, the bill passed by the State Legislature to extend the SPSC’s jurisdiction must receive the assent of the Governor before it becomes a legally binding Act that the SPSC is required to follow.
π Polity β’ Attorney General
Q.29) The Attorney General for India is not a full-time counsel for the Government and does not fall in the category of government servants. Are they debarred from private legal practice?
Ans > No, they can practice privately, but cannot advise or hold a brief against the Government of India
- Unique Legal Status: The Attorney General (AG), appointed under Article 76, is the highest law officer in the country. However, unlike a standard civil servant, they are retained on a fee basis rather than a strict monthly salary, classifying them differently under employment law.
- Conflict of Interest Safeguards: While the AG is allowed to accept private briefs, strict rules prevent conflicts of interest. They are categorically prohibited from advising, arguing, or holding any brief against the Government of India or any Central Government Ministry.
- Parliamentary Privileges: Despite not being a government servant or a Member of Parliament, the AG enjoys special constitutional privileges. They have the right to speak and take part in the proceedings of both Houses of Parliament, though they cannot vote.
- Limitations Imposed: Further limitations on their private practice dictate that they cannot defend accused persons in criminal prosecutions, nor can they accept appointments as a director in any company or corporation without the prior, explicit permission of the Government of India.
π Polity β’ Solicitor General
Q.30) The Solicitor General of India is subordinate to the Attorney General. Is the office of the Solicitor General created by the Constitution?
Ans > No, it is a statutory post, not a constitutional one
- Subordinate Role: The Solicitor General (SG) is the second-highest law officer of the country, directly subordinate to the Attorney General. The SG assists the AG in fulfilling their vast legal responsibilities, primarily representing the Government of India in the Supreme Court and High Courts.
- Statutory Underpinning: Unlike the Attorney General (Article 76) or the Advocate General of a State (Article 165), the Constitution of India is entirely silent on the office of the Solicitor General and the Additional Solicitors General.
- Distribution of Work: The post is governed by the Law Officers (Conditions of Service) Rules, 1987. These rules outline the duties, retainers, and restrictions for the SG and ASGs, strictly defining them as statutory/executive appointments rather than constitutional ones.
- Non-Constitutional Nature: Because it is not a constitutional office, the Solicitor General does not enjoy the special constitutional privileges granted to the AG, such as the right of audience in all courts in the territory of India or the right to participate in Parliamentary proceedings.
π Quick Summary β Polity Set 131
- NHRC Composition: Consists of a chairperson and 5 full-time members following the 2019 amendment.
- NHRC Ex-Officio Members: There are 7 ex-officio members currently serving on the NHRC.
- CBI Director Appointment: Appointed on the recommendation of a committee including the Leader of Opposition.
- Enforcement Directorate (ED): Functions under the Ministry of Finance (Department of Revenue).
- CBI/ED Tenure: Can be extended incrementally up to a maximum of 5 years.
- NDMA Chairman: The Prime Minister is the ex-officio Chairman.
- SHRC Report: Submitted to the State Government.
- CIC Removal: Removed by the President after an inquiry by the Supreme Court of India.
- Ombudsman Origin: First created in 1809 in Sweden.
- NITI Aayog Governing Council: Comprises the PM, Chief Ministers of all States, and Lt. Governors of UTs.
- Finance Commission Report: Submitted to the President of India.
- GST Council Quorum: Required quorum is one-half of the total number of members.
- GST Council Union Vote: The Central Government’s vote has a weightage of one-third.
- GST Council States Vote: The State Governments combined have a weightage of two-thirds.
- GST Council Decisions: Taken by a majority of not less than three-fourths of weighted votes.
- UPSC Member Removal: Can be removed by the President after a Supreme Court inquiry.
- JSPSC Members: Appointed by the President of India.
- NCSC Report: Presented annually to the President of India.
- NCST Establishment: Separated from NCSC by the 89th Amendment Act (2003).
- Linguistic Minorities Officer: Appointed by the President of India.
- First CAG: V. Narahari Rao was the first CAG of independent India.
- Electoral Rolls: Prepared and maintained by the Election Commission of India.
- NDC Secretary: Same as the secretary of NITI Aayog (formerly Planning Commission).
- CAT Mandate: Established under Article 323A of the Constitution.
- SAT Establishment: Established by Central Government upon request of the State Government.
- 15th Finance Commission: Chaired by N.K. Singh.
- 16th Finance Commission: Chaired by Arvind Panagariya.
- SPSC Jurisdiction: Can be extended by the State Legislature.
- AG Private Practice: Allowed, but cannot advise/hold brief against the Government of India.
- Solicitor General Office: A statutory post, not created by the Constitution.
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