Polity Set 135
π
π Polity β’ Institutions
Q.1) The Central Vigilance Commission (CVC) was established in 1964 based on the recommendations of which committee?
Ans > Santhanam Committee
- Creation of the CVC: The Central Vigilance Commission was formally established by the Government of India in February 1964. Its primary design is to advise and guide Central Government agencies in maintaining integrity and combating corruption within the administrative machinery.
- The Santhanam Committee’s Role: The establishment was a direct implementation of the recommendations made by the Committee on Prevention of Corruption, headed by K. Santhanam. This committee identified the critical need for a dedicated, independent body to address systemic corrupt practices among civil servants and government officials.
- Evolution to Statutory Status: Initially, the CVC was created solely via an executive resolution and lacked statutory power. However, following a landmark Supreme Court directive in the Vineet Narain case, the Central Vigilance Commission Act was passed in 2003, finally granting the institution official statutory backing and robust independence.
π Polity β’ Commissions
Q.2) Which commission was appointed by the Janata Party government in 1978 to investigate the conditions of socially and educationally backward classes?
Ans > B.P. Mandal Commission
- Establishment by the Janata Government: The Second Backward Classes Commission, universally known as the Mandal Commission, was formed in India on January 1, 1979, by the Janata Party government led by Prime Minister Morarji Desai. Its goal was to address historic caste discrimination.
- Constitutional Mandate and Leadership: Chaired by B.P. Mandal, the commission was constituted under Article 340 of the Indian Constitution. This specific article empowers the President to appoint a commission to investigate the conditions of socially and educationally backward classes and suggest necessary welfare steps.
- Landmark Reservation Recommendations: The commission submitted its highly consequential report in 1980, recommending a 27% reservation quota in central government jobs and public sector undertakings for Other Backward Classes (OBCs). The implementation of this report by the V.P. Singh government in 1990 fundamentally altered Indian affirmative action policies.
π Polity β’ Reforms
Q.3) The First Administrative Reforms Commission (ARC) was set up in 1966. Who succeeded Morarji Desai as its chairman after he joined the Union Cabinet?
Ans > K. Hanumanthaiya
- Inception of the First ARC: The First Administrative Reforms Commission was established by the Government of India on January 5, 1966. Its monumental task was to comprehensively review the entire public administration system of India and suggest reforms to make it more efficient and responsive.
- Transition in Leadership: The commission was originally chaired by prominent leader Morarji Desai. However, when Desai was appointed as Deputy Prime Minister and Minister of Finance in Indira Gandhi’s cabinet in 1967, he resigned from the ARC. K. Hanumanthaiya, a seasoned parliamentarian, succeeded him.
- Creation of the Lokpal Concept: Under its tenure, the First ARC submitted 20 extensive reports. One of its most famous and lasting recommendations was the proposal for the creation of the institutions of Lokpal and Lokayukta to address citizens’ grievances regarding administrative corruption, inspired by the Scandinavian Ombudsman model.
π Polity β’ Reforms
Q.4) The Second Administrative Reforms Commission (ARC), constituted in 2005, was chaired by:
Ans > Veerappa Moily
- Formation of the Second ARC: The Government of India constituted the Second Administrative Reforms Commission on August 31, 2005. Its objective was to prepare a detailed blueprint for revamping the public administrative system to ensure it was proactive, sustainable, and capable of modern governance.
- Leadership and Subsequent Resignation: Veerappa Moily, a senior political leader, was appointed as the Chairman. He led the commission in conducting extensive research but resigned from the chairmanship in 2009 after being inducted into the Union Cabinet. V. Ramachandran subsequently led the commission to its conclusion.
- Extensive Focus Areas: The Second ARC was incredibly prolific, submitting 15 comprehensive reports. These crucial documents covered modern administrative themes including the Right to Information (RTI), crisis management, public order, local governance, combating terrorism, and capacity building for conflict resolution across the nation.
π Polity β’ Elections
Q.5) Which committee on electoral reforms (1990) recommended the introduction of Electronic Voting Machines (EVMs) and the strengthening of the Election Commission?
Ans > Dinesh Goswami Committee
- Context of the Committee: The Dinesh Goswami Committee on Electoral Reforms was constituted in 1990 by the National Front government under Prime Minister V.P. Singh. Headed by the then Law Minister, Dinesh Goswami, it aimed to address severe systemic flaws like booth capturing.
- Advocacy for EVMs: One of the most revolutionary recommendations of this committee was the push for the widespread introduction of Electronic Voting Machines (EVMs). The committee argued that EVMs would eliminate invalid votes, speed up counting, and curb electoral malpractices.
- Strengthening the Election Commission: Alongside technological upgrades, the committee strongly recommended giving statutory backing to the Model Code of Conduct. It also suggested that the Election Commission should be made a multi-member body to ensure greater democratic decision-making, a change that was later permanently implemented.
π Polity β’ Elections
Q.6) The Indrajit Gupta Committee (1998) was constituted specifically to examine the feasibility of:
Ans > State funding of elections
- Focus on State Funding: Formed in 1998, the Indrajit Gupta Committee was an all-party committee explicitly tasked with studying the feasibility of state funding for elections in India. The objective was to reduce the influence of illicit money in politics and level the electoral playing field.
- Funding in Kind, Not Cash: The committee ultimately endorsed the idea of partial state funding, but with a specific caveat: it recommended that such funding should be provided “in kind” (such as free airtime, fuel, or electoral rolls) rather than direct cash to prevent misappropriation.
- Strict Eligibility Criteria: The committee stipulated that these state-funded benefits should be restricted exclusively to recognized national and state-level political parties. Furthermore, it noted that full state funding could only be viable if internal democracy within political parties was strengthened and accounts were independently audited.
π Polity β’ Committees
Q.7) The Vohra Committee (1993) was appointed to study the problem of:
Ans > Criminalisation of politics and the nexus among criminals, politicians, and bureaucrats
- Background of the Committee: The Vohra Committee was established in July 1993, shortly after the devastating Bombay serial blasts. Headed by Home Secretary N.N. Vohra, it was formed to investigate the deep-rooted connections between organized crime syndicates and individuals in political power.
- Exposing the Corrupt Nexus: The committee’s report was a chilling indictment of the system. It explicitly detailed the nexus between criminal gangs, police officials, bureaucrats, and politicians, highlighting how criminal syndicates utilized financial and muscle power to influence elections and gain political patronage.
- Recommendations for Intelligence Gathering: To combat this issue, the Vohra Committee strongly recommended the creation of a specialized, nodal agency dedicated entirely to gathering and analyzing intelligence related to this nexus. It emphasized the need for seamless coordination among agencies like the CBI, IB, and RAW.
π Polity β’ Local Governance
Q.8) Which committee recommended that Panchayati Raj institutions should be constitutionally recognized, protected, and preserved?
Ans > L.M. Singhvi Committee
- Constitution by the Rajiv Gandhi Government: The L.M. Singhvi Committee was appointed by the Government of India in 1986 under Prime Minister Rajiv Gandhi. Its primary objective was to prepare a concept paper on revitalizing Panchayati Raj Institutions for stronger grassroots democracy and rural development.
- Demand for Constitutional Status: The most far-reaching recommendation of this committee was its strong advocacy for granting constitutional status to Panchayati Raj institutions. It argued that without constitutional protection, local bodies would remain vulnerable, laying the groundwork for the 73rd Constitutional Amendment Act.
- Focus on Gram Sabhas and Finance: In addition to constitutional recognition, the committee placed immense emphasis on the Gram Sabha, calling it the “embodiment of direct democracy.” It also stressed the crucial need to provide these local bodies with adequate and independent financial resources for functional autonomy.
π Polity β’ Centre-State
Q.9) The Sarkaria Commission on Centre-State Relations was appointed in 1983. It submitted its comprehensive report in:
Ans > 1988
- Establishment and Mandate: The Sarkaria Commission was set up in June 1983, headed by Justice R.S. Sarkaria, a retired judge of the Supreme Court. Its mandate was to examine the working of existing arrangements between the Union and the States across legislative, administrative, and financial spheres.
- Comprehensive Report Submission: After consulting with state governments and analyzing constitutional provisions, the commission finalized its massive 1600-page report in late 1987. However, the report was officially published and accepted into the public record in January 1988, marking 1988 as the recognized year of submission.
- Key Federal Recommendations: The commission made 247 specific recommendations. Crucially, it rejected the demand for curtailing the Centre’s powers but heavily criticized the arbitrary use of Article 356 (President’s Rule). It also recommended the establishment of a permanent Inter-State Council to foster better cooperation.
π Polity β’ Centre-State
Q.10) The Punchhi Commission, another landmark commission on Centre-State relations, was established in 2007 under the chairmanship of:
Ans > Justice M.M. Punchhi
- Formation in a Changing Landscape: The Punchhi Commission was constituted by the Government of India in April 2007. It was necessitated by massive changes in India’s political economy since the Sarkaria Commission, including coalition politics, economic liberalization, and increasing complexities of internal security.
- Leadership and Expertise: The commission was chaired by Justice Madan Mohan Punchhi, the former Chief Justice of India. The panel reviewed the evolving dynamics of federalism, particularly focusing on areas that had become heavily contentious between the Union and state governments over the previous decades.
- Recommendations on the Governor’s Role: Submitting its report in 2010, the commission made far-reaching recommendations. It notably suggested that the Governor should have a fixed tenure of five years and proposed strict guidelines for the Governor’s discretionary powers, especially regarding the appointment of Chief Ministers in hung assemblies.
π Polity β’ Constitution
Q.11) The term ‘Cabinet’ was originally not present in the Constitution of India. It was inserted into Article 352 by which Amendment Act?
Ans > 44th Amendment Act (1978)
- Original Constitutional Text: When the Constitution was adopted in 1950, it used the term “Council of Ministers” but omitted the word “Cabinet.” The concept of a smaller, powerful inner circle operated strictly based on British parliamentary conventions rather than explicit constitutional text.
- Context of the 44th Amendment: The insertion of the word “Cabinet” was a direct response to the controversial declaration of the National Emergency in 1975 by Prime Minister Indira Gandhi, which was declared solely on her advice without consulting the broader ministerial council.
- Safeguard in Article 352: The 44th Amendment in 1978 inserted the term “Cabinet” specifically into Article 352. It mandated that the President can proclaim a National Emergency only after receiving a written recommendation from the “Cabinet,” defining it explicitly to prevent unilateral executive action in the future.
π Polity β’ Constitution
Q.12) Which Article of the Constitution imposes a duty on the Union to protect every state against external aggression and internal disturbance?
Ans > Article 355
- The Protective Duty of the Union: Article 355 places a solemn obligation on the Union Government to ensure the security and constitutional governance of all its constituent states. It states it is the duty of the Union to protect every State against external aggression and internal disturbance.
- Distinction from Emergency Provisions: While located in Part XVIII alongside emergency provisions, Article 355 does not itself declare an emergency. It provides the constitutional rationale for the Union to deploy central armed police forces to quell violent uprisings within a state without explicitly dismissing the state government.
- Precursor to Article 356: Article 355 is often viewed as a stepping stone to President’s Rule. If a state government fails to control an “internal disturbance,” the Union can argue that the state is failing its constitutional mandate, which can then trigger the drastic measure of imposing Article 356.
π Polity β’ Constitution
Q.13) Which Article provides that if a State fails to comply with the directions given by the Union, the President can hold that the government of the State cannot be carried on in accordance with the Constitution?
Ans > Article 365
- Mechanism of Constitutional Failure: Article 365 states that if a State fails to comply with valid directions issued by the Union executive, it is lawful for the President to assume that a situation has arisen where the State’s governance cannot be carried on in accordance with the Constitution.
- Linkage to President’s Rule: This article serves as an alternative trigger for imposing President’s Rule under Article 356. While Article 356 is often triggered by a Governor’s report, Article 365 provides an objective criterion: the direct disobedience of legitimate Union directives by a state government.
- Ensuring Federal Cohesion: The framers included Article 365 to prevent states from turning into autonomous islands that actively defy national policies. It acts as a severe deterrent against state-level subversion of federal directives, ensuring the Union government can maintain administrative cohesion across the territory.
π Polity β’ SPSC
Q.14) Who has the authority to remove the Chairman or a member of a State Public Service Commission (SPSC)?
Ans > The President of India
- Separation of Appointment and Removal: The constitutional design for the State Public Service Commission (SPSC) presents a dual structure to ensure independence. Under Article 316, the Chairman and members are appointed by the Governor, but their removal process is deliberately elevated out of state control.
- The President’s Exclusive Authority: Under Article 317, the power to remove a member or Chairman of an SPSC rests exclusively with the President of India. A State Governor cannot dismiss them. This safeguard ensures members can conduct examinations without fear of retribution from local politicians.
- Grounds and Process of Removal: The President can remove an SPSC member for “misbehavior” or if they become unfit. Crucially, if the removal is based on misbehavior, the President must refer the matter to the Supreme Court for a formal inquiry before proceeding with the dismissal.
π Polity β’ State Election Commission
Q.15) Who has the authority to remove the State Election Commissioner?
Ans > The President of India (in the same manner as a High Court judge)
- Role and Appointment Context: The State Election Commission is a constitutional body established primarily by the 73rd and 74th Amendments to conduct free and fair local body elections. Under Article 243K, the Commissioner is appointed by the Governor of the respective state.
- Stringent Removal Safeguards: To guarantee the autonomy of the State Election Commissioner and shield them from the interference of state politicians who might want to manipulate Panchayat or Municipal elections, the Constitution provides them with immense security of tenure.
- Equivalence to a High Court Judge: The Constitution dictates that the State Election Commissioner can only be removed by the President of India, mirroring the exact procedure for removing a High Court judge. This requires an order passed after an address by both Houses of Parliament supported by a special majority.
π Polity β’ Judiciary
Q.16) Which Article vests the Original Jurisdiction of the Supreme Court to hear disputes between the Government of India and one or more States?
Ans > Article 131
- Defining Original Jurisdiction: Article 131 defines the “Original Jurisdiction” of the Supreme Court, meaning the power of a court to hear a case for the very first time. This specific article positions the Supreme Court as the primary arbiter of the nation’s federal structure.
- Nature of Disputes Handled: Under this article, the Supreme Court has exclusive jurisdiction in any dispute between the Government of India and one or more States, or between two or more States. This ensures that massive legal conflicts concerning federalism are resolved at the highest level.
- Limitations on Jurisdiction: The dispute must involve a question of law or fact on which a legal right depends; it cannot be purely political. Furthermore, this jurisdiction does not extend to inter-state water disputes (handled under Article 262) or disputes arising out of certain pre-constitution treaties.
π Polity β’ Judiciary
Q.17) Which Article provides for the Appellate Jurisdiction of the Supreme Court in appeals from High Courts in certain cases involving a substantial question of law as to the interpretation of the Constitution?
Ans > Article 132
- Constitutional Appellate Power: Article 132 provides for the appellate jurisdiction of the Supreme Court in matters concerning constitutional interpretation. It acts as the gateway for litigants to elevate cases from a State High Court to the apex court regarding the country’s legal framework.
- Requirement of a High Court Certificate: An appeal under Article 132 requires a specific certificate from the High Court stating that the case involves a “substantial question of law as to the interpretation of this Constitution.” This ensures the Supreme Court is not burdened with frivolous appeals.
- Scope Across Civil and Criminal Law: The power granted under Article 132 is incredibly broad. An appeal can lie to the Supreme Court from any judgment of a High Court, whether it originates in civil, criminal, or other proceedings, as long as a substantial constitutional question is at the core.
π Polity β’ Judiciary
Q.18) Which Article grants the Supreme Court the discretionary power to grant Special Leave to Appeal from any judgment, decree, or order in any cause or matter passed by any court or tribunal in the territory of India?
Ans > Article 136
- The Power of Special Leave: Article 136 confers an extraordinary and discretionary appellate jurisdiction upon the Supreme Court, commonly known as the Special Leave Petition (SLP). It allows the apex court to intervene if it senses a grave miscarriage of justice, bypassing standard appeal routes.
- Broad Applicability Over Tribunals: The sweep of Article 136 is immense. It empowers the Supreme Court to grant special leave to appeal from any judgment or order passed by any court or tribunal in the territory of India, ranging from high courts down to specialized appellate tribunals.
- The Sole Exception: Military Courts: While sweeping in its authority, the Constitution explicitly carves out one exception to maintain discipline within the armed forces. The power to grant special leave does not apply to judgments passed by a court or tribunal constituted under laws relating to the Armed Forces (Court Martial).
π Polity β’ Judiciary
Q.19) Which Article grants the Supreme Court the unique power to pass any decree or make any order necessary for doing “complete justice” in any cause or matter pending before it?
Ans > Article 142
- The Mandate for “Complete Justice”: Article 142 is a unique provision that elevates the Supreme Court above rigid procedural limitations. It empowers the court to pass any decree or order deemed necessary for doing “complete justice” in a pending matter, forming the foundation of judicial activism in India.
- Enforceability Across the Nation: Decrees passed under the extraordinary powers of Article 142 hold absolute legal weight. The Constitution mandates that any such order shall be enforceable throughout the entire territory of India in a manner prescribed by Parliament or the President.
- Historic Applications: The Supreme Court has invoked Article 142 to resolve deadlocks where statutory laws fell short, such as dissolving marriages on the grounds of irretrievable breakdown, shifting liquor vends away from highways, or providing immediate relief to victims of the Bhopal Gas Tragedy.
π Polity β’ Judiciary
Q.20) Which Article grants the President the power to consult the Supreme Court on any question of law or fact of public importance?
Ans > Article 143
- The Advisory Jurisdiction: Article 143 establishes the advisory or consultative jurisdiction of the Supreme Court. It allows the President of India to refer any question of law or fact to the Supreme Court for its opinion, provided the question is of profound public importance.
- Non-Binding Nature of the Opinion: When the President makes a reference, the Supreme Court conducts hearings and reports its opinion. Crucially, this opinion is purely advisory. It is not a formal judicial decree and therefore is not legally binding on the President or the Union government.
- Court’s Discretion to Decline: While the President can seek an opinion, the Supreme Court retains the discretion to decline to answer the reference if it finds the question overly political or hypothetical. However, if the reference concerns pre-constitution treaties, the Court is bound to answer.
π Polity β’ Judiciary
Q.21) Which Article gives the Supreme Court the power to review any judgment pronounced or order made by it?
Ans > Article 137
- Reviewing Own Orders: Article 137 enshrines the principle that the highest court is not infallible and provides a mechanism to correct its own errors. It expressly grants the Supreme Court the power to review any judgment it has pronounced, preventing miscarriages of justice without needing constitutional amendments.
- Subject to Parliamentary Rules: This power of review is not absolute. Article 137 states that it is subject to provisions of laws made by Parliament or rules made by the Supreme Court itself, which generally stipulate that a review petition must be filed within 30 days and point out glaring errors.
- Invention of Curative Petitions: The power under Article 137 led to the judicial innovation of the “Curative Petition.” Established in the Rupa Ashok Hurra case (2002), it allows an aggrieved party to file a final curative petition even after a review petition is dismissed, to cure severe violations of natural justice.
π Polity β’ Judiciary
Q.22) Which Article states that the law declared by the Supreme Court shall be binding on all courts within the territory of India?
Ans > Article 141
- Establishing Judicial Precedent: Article 141 is the bedrock of the legal doctrine of stare decisis in India. It unequivocally declares that the law interpreted or declared by the Supreme Court is legally binding on all other courts within the territory of India, ensuring uniform application of laws.
- Scope of “Law Declared”: The “law declared” encompasses the constitutional interpretations and the ratio decidendi (rationale for the decision) of its judgments. However, casual observations or obiter dicta (things said by the way) by the judges do not carry the same mandatory binding force.
- Not Binding on Itself: While Article 141 forces all high courts and lower tribunals to strictly adhere to Supreme Court precedents, the Supreme Court itself is not absolutely bound by its own previous decisions and can overrule them if societal circumstances demand a new interpretation.
π Polity β’ High Courts
Q.23) Which Article grants every High Court the power of superintendence over all courts and tribunals (except military tribunals) throughout the territories in relation to which it exercises jurisdiction?
Ans > Article 227
- The Power of Supervisory Jurisdiction: Article 227 vests High Courts with a profound power of superintendence. This allows a High Court to administratively and judicially oversee all subordinate courts and tribunals functioning within its territorial jurisdiction, ensuring they stay within their legal authority.
- Administrative and Judicial Oversight: Under this article, a High Court can call for returns from lower courts, issue general rules for proceedings, and prescribe forms for accounts. Crucially, it allows judicial intervention if a lower court acts arbitrarily, even if no formal appeal route is established by law.
- Exclusion of Armed Forces Tribunals: To protect military discipline, the Constitution explicitly creates an exception. Article 227 clarifies that this power of superintendence does not extend to any court or tribunal constituted under laws relating to the Armed Forces, keeping courts-martial outside normal civilian oversight.
π Polity β’ High Courts
Q.24) Which Article empowers the Parliament to establish a common High Court for two or more States?
Ans > Article 231
- Parliamentary Authority over High Courts: While Article 214 states there shall be a High Court for each State, Article 231 provides a crucial exception. It explicitly empowers the Parliament of India, by law, to establish a common High Court for two or more States, or States and Union Territories.
- Reasoning for Common Courts: This provision was introduced to ensure judicial efficiency and proper resource management, especially for smaller states or contiguous regions where establishing separate, fully functional High Courts for each entity would be financially burdensome and practically unnecessary.
- Real-world Examples: Parliament has utilized Article 231 effectively. Prominent examples include the Punjab and Haryana High Court, the Bombay High Court (serving Maharashtra and Goa), and the Gauhati High Court, which historically served all seven northeastern states to consolidate legal infrastructure.
π Polity β’ Subordinate Courts
Q.25) Which Article deals with the appointment of District Judges by the Governor in consultation with the High Court?
Ans > Article 233
- The Process of Appointment: Article 233 governs the appointment of District Judges, the highest judicial position in a district. It mandates that the appointments, posting, and promotion of district judges shall be formally made by the Governor of the respective State.
- Mandatory High Court Consultation: To safeguard judicial independence from executive interference, Article 233 requires the Governor to make these appointments solely in consultation with the High Court exercising jurisdiction. In practice, the High Court recommends candidates, and the Governor formally appoints them.
- Eligibility for Direct Recruitment: The article specifies qualifications for direct recruitment from the bar. A person not already in government service is eligible only if they have been an advocate for at least seven years and are actively recommended by the High Court for the judicial appointment.
π Polity β’ Zonal Councils
Q.26) The Zonal Councils are statutory bodies established to promote interstate cooperation. They were established by which Act?
Ans > States Reorganisation Act, 1956
- Statutory, Not Constitutional Bodies: Zonal Councils are statutory bodies, not constitutional ones. They were established by an Act of Parliamentβthe States Reorganisation Act of 1956. Their powers and functions are derived from this legislative statute rather than the text of the Constitution.
- Creation Amidst Reorganization: Championed by Home Minister G.B. Pant during the massive linguistic reorganization of states, their objective was to foster cooperative working among newly formed states and arrest the growth of regionalism that threatened national unity during the 1956 transition.
- Structure and Leadership: The Act created five Zonal Councils (Northern, Central, Eastern, Western, Southern). The Union Home Minister acts as the common chairman for all the Zonal Councils, while the Chief Ministers of the included states act as vice-chairmen by rotation to ensure equal representation.
π Polity β’ GST Council
Q.27) The Goods and Services Tax (GST) Council, established under Article 279A, is chaired by the:
Ans > Union Finance Minister
- Constitutional Mandate: The GST Council is a constitutional body introduced by the 101st Constitutional Amendment Act in 2016. Established under Article 279A, it oversees the implementation of the comprehensive indirect tax regime, ensuring cooperative federalism in India’s financial architecture.
- Composition and Leadership: The Council is a joint forum of the Centre and the States. It is ex-officio chaired by the Union Finance Minister. Other members include the Union Minister of State in charge of Revenue and the Finance Ministers nominated by each respective State Government.
- Voting Power: To balance power, the voting structure is unique: the Central Government has a weightage of one-third of the total votes, and all State Governments combined have a weightage of two-thirds. Decisions require a three-fourths majority, forcing consensus between the Centre and States.
π Polity β’ Institutions
Q.28) Who serves as the ex-officio Chairman of the National Development Council (NDC)?
Ans > The Prime Minister
- Nature of the NDC: The National Development Council (NDC) is neither a constitutional nor a statutory body. It was established by an executive resolution in August 1952. For decades, it functioned as the apex body for decision-making on development matters, linking the Planning Commission and states.
- Leadership and Composition: The Prime Minister serves as the ex-officio Chairman of the NDC. Its composition is highly inclusive, comprising Union Cabinet Ministers, Chief Ministers of all States, and members of the Planning Commission, making it a primary forum for federal economic planning.
- Role in Five-Year Plans: Historically, no Five-Year Plan drafted by the Planning Commission could be finalized or implemented until it received the formal approval of the NDC. Following the abolition of the Planning Commission in 2015, the NDC’s role has diminished significantly.
π Polity β’ Institutions
Q.29) NITI Aayog (National Institution for Transforming India) replaced the Planning Commission in 2015. Is NITI Aayog a constitutional body?
Ans > No, it is an executive body created by a resolution of the Union Cabinet
- Executive Genesis: Formed on January 1, 2015, NITI Aayog is neither a constitutional body nor a statutory body. Like its predecessor, the Planning Commission, it was established strictly through an executive resolution passed by the Union Cabinet of the Government of India.
- Shift in Planning Philosophy: NITI Aayog marked a major shift from top-down centralized planning to a “bottom-up” approach. Its core philosophy is “cooperative federalism,” aiming to foster the active involvement of State Governments in economic policy-making rather than dictating financial allocations to them.
- Structure as a Think Tank: The Prime Minister serves as the ex-officio chairperson. Functionally, it operates as the premier policy “think tank” for the government, designing strategic, long-term policies and programs while providing technical advice to both the Centre and State governments.
π Polity β’ Amendments
Q.30) Which Constitutional Amendment Act (2021) restored the power of the State Governments to identify and specify Socially and Educationally Backward Classes (SEBCs)?
Ans > 105th Amendment Act
- Context of the 102nd Amendment: The 102nd Amendment (2018) granted constitutional status to the National Commission for Backward Classes. However, a Supreme Court interpretation concluded that it unintentionally stripped State governments of their power to maintain their own lists of SEBCs/OBCs.
- The Need for Restoration: This Supreme Court ruling caused immense administrative turmoil, as states historically maintained distinct OBC lists tailored to local demographics. To undo this interpretation and restore the states’ autonomy, Parliament unanimously passed the 105th Amendment Act in August 2021.
- Legislative Impact: The 105th Amendment Act clarified that the Central Government’s power to specify SEBCs is restricted solely to the Central List. It explicitly reaffirmed that every State and Union Territory can legally prepare and maintain its own distinct list of SEBCs for local administrative purposes.
π Quick Summary β Polity Set 135
- CVC (1964): Established based on the Santhanam Committee recommendations.
- Mandal Commission (1978): Investigated conditions of socially and educationally backward classes.
- First ARC (1966): K. Hanumanthaiya succeeded Morarji Desai as chairman.
- Second ARC (2005): Initially chaired by Veerappa Moily.
- Electoral Reforms (1990): Dinesh Goswami Committee recommended EVMs.
- Indrajit Gupta Committee (1998): Examined feasibility of state funding for elections.
- Vohra Committee (1993): Studied criminalisation of politics and corruption nexus.
- Panchayati Raj: L.M. Singhvi Committee recommended constitutional recognition.
- Sarkaria Commission: Submitted its report on Centre-State relations in 1988.
- Punchhi Commission (2007): Chaired by Justice M.M. Punchhi on Centre-State relations.
- ‘Cabinet’ Term: Inserted into Article 352 by the 44th Amendment Act (1978).
- Article 355: Union’s duty to protect states against external aggression.
- Article 365: Allows President to act if a State fails to comply with Union directions.
- SPSC Members: Can only be removed by the President of India.
- State Election Commissioner: Removed by President (same manner as High Court judge).
- Article 131: Vests the Original Jurisdiction of the Supreme Court.
- Article 132: Provides for Appellate Jurisdiction on constitutional interpretation.
- Article 136: Supreme Court’s discretionary power to grant Special Leave to Appeal.
- Article 142: Grants power to pass decrees for doing “complete justice”.
- Article 143: President’s power to consult the Supreme Court.
- Article 137: Gives the Supreme Court power to review its own judgments.
- Article 141: Supreme Court’s declared law is binding on all courts in India.
- Article 227: High Court’s power of superintendence over subordinate courts.
- Article 231: Parliament can establish a common High Court for multiple States.
- Article 233: Deals with appointment of District Judges by the Governor.
- Zonal Councils: Established by the States Reorganisation Act, 1956.
- GST Council (Art 279A): Chaired by the Union Finance Minister.
- National Development Council: Ex-officio chaired by the Prime Minister.
- NITI Aayog: Executive body created by a Union Cabinet resolution.
- 105th Amendment (2021): Restored State powers to specify their own SEBC lists.
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