Polity Set 147
π
π Parliamentary Committees
Q.1) The Committee on Public Undertakings was created in 1964 on the recommendation of which committee?
Ans > Krishna Menon Committee
- Origin and Establishment: The committee was formally created in 1964. The Krishna Menon Committee, which was originally known as the Committee on State Undertakings, submitted its extensive report in 1961, laying the groundwork for its creation.
- Core Objective: Its primary function is to deeply examine the reports and accounts of Public Sector Undertakings (PSUs) and the critical audit reports of the Comptroller and Auditor General (CAG) regarding these public enterprises.
- Autonomy and Efficiency: It ensures that the affairs of the PSUs are being managed in accordance with sound business principles and prudent commercial practices, balancing strict parliamentary accountability with necessary corporate autonomy.
- Historical Context: Before 1964, the Estimates Committee and the Public Accounts Committee handled these tasks. However, the rapidly growing number of PSUs in post-independence India necessitated a dedicated, specialized parliamentary committee.
π Parliamentary Committees
Q.2) What is the total membership of the Committee on Public Undertakings?
Ans > 22 (15 from Lok Sabha, 7 from Rajya Sabha)
- Initial vs. Current Strength: When initially constituted in 1964, the committee had only 15 members (10 from the Lok Sabha and 5 from the Rajya Sabha). In 1974, the membership was expanded to the current 22 to broaden representation.
- House Representation: Out of the 22 current members, 15 are elected from the Lok Sabha and 7 from the Rajya Sabha, ensuring proportional bicameral representation while maintaining the Lok Sabha’s traditional financial dominance.
- Election Method: Members are elected every year by the members of Parliament amongst themselves according to the principle of proportional representation by means of the single transferable vote.
- Term Limit: The term of office for the members is exactly one year, meaning the committee is reconstituted annually to bring in fresh legislative oversight.
π Parliamentary Committees
Q.3) A Minister in the Union Government is NOT eligible to be elected or nominated to which of the following Parliamentary Committees?
Ans > All of the above
- Principle of Executive Accountability: The fundamental purpose of Parliamentary Committees like the PAC, Estimates Committee, and COPU is to actively hold the executive branch accountable to the legislature.
- Conflict of Interest Prevention: Allowing a minister to be a member of these committees would create a direct conflict of interest, as they would effectively be investigating their own government’s expenditures.
- Automatic Disqualification: If a sitting member of any of these financial committees is suddenly appointed as a Minister in the cabinet, they automatically cease to be a member of the committee.
- Independent Oversight: This strict constitutional rule ensures that the committees operate with an independent, non-partisan approach.
π Parliament Procedures
Q.4) The Committee on Absence of Members from the Sittings of the House exists only in the:
Ans > Lok Sabha
- Exclusive to Lok Sabha: This specific parliamentary committee exists only in the lower house (Lok Sabha). It is composed of exactly 15 members who are carefully nominated by the Speaker for a term of one year.
- Article 101 Clause: The committee derives its relevance from Article 101(4) of the Constitution, which states that if a Member is absent for a continuous period of 60 days without permission, their seat can be declared vacant.
- Review Process: The committee is tasked with considering all formal applications from members seeking a leave of absence and closely examines cases crossing the 60-day threshold.
- Rajya Sabha Mechanism: The Rajya Sabha does not utilize a dedicated committee for this administrative task; instead, all such matters are directly dealt with by the House itself through a formal motion.
π Parliamentary Committees
Q.5) The Committee on Privileges investigates breaches of privilege of the House. How many members does this committee have in the Lok Sabha and Rajya Sabha, respectively?
Ans > 15 in Lok Sabha; 10 in Rajya Sabha
- Purpose and Function: This committee is quasi-judicial in its nature and operations. It meticulously investigates complex cases regarding the breach of privilege of the House and its members.
- Membership Disparity: The Lok Sabha version of the committee consists of 15 members nominated directly by the Speaker, while the Rajya Sabha version has 10 members nominated by the Chairman.
- Nature of Privileges: Parliamentary privileges are special constitutional rights, immunities, and exemptions enjoyed by the two Houses, their committees, and their individual members.
- Investigation Scope: The committee examines serious matters such as publishing expunged proceedings, premature publication of confidential reports, or any disrespect shown to the House.
π Election Commission
Q.6) Under Article 324(4), who is empowered to appoint Regional Election Commissioners to assist the Election Commission before each general election?
Ans > The President of India (in consultation with the Election Commission)
- Constitutional Provision: Article 324(4) explicitly empowers the President of India to appoint Regional Commissioners to assist the main Election Commission.
- Consultation Mandate: The President cannot act unilaterally. The Constitution legally mandates that the President must consult directly with the Election Commission before making these appointments.
- Historical Precedent: Regional Commissioners were notably appointed for the very first time during India’s first general elections in 1951-52 to handle logistical challenges.
- Temporary Nature: Unlike permanent Election Commissioners, Regional Commissioners are typically appointed on a temporary, ad-hoc basis just before general elections.
π Constitutional Bodies
Q.7) To whom does the Union Public Service Commission (UPSC) submit its annual report regarding the work done by the Commission?
Ans > The President of India
- Constitutional Mandate: Under Article 323 of the Indian Constitution, it is the strict constitutional duty of the UPSC to present a detailed annual report directly to the President of India.
- Parliamentary Scrutiny: The President causes a copy of the report, together with a memorandum explaining the specific cases where the advice of the Commission was not accepted, to be laid before Parliament.
- Advisory Nature: The government has the legal power to reject its advice on personnel matters, but it must justify such actions transparently to the Parliament.
- Scope of the Report: The comprehensive annual report details vast recruitment statistics, complex disciplinary cases handled, and examinations conducted.
π Public Service Commissions
Q.8) If a Joint State Public Service Commission (JSPSC) is established for two or more states, to whom does it present its annual report?
Ans > To each of the Governors of the States concerned
- Creation Mechanism: A JSPSC is created by an Act of Parliament upon the explicit request of the state legislatures concerned, unlike standard PSCs created by the Constitution.
- Reporting Structure: A functioning JSPSC is required to present its annual performance report independently to each of the Governors of the states that are part of the agreement.
- State-Level Tabling: Each respective Governor is legally responsible for placing this report before their respective State Legislature for scrutiny.
- Historical Example: A prominent historical example was the JSPSC set up for the states of Punjab and Haryana in 1966.
π Extra-Constitutional Bodies
Q.9) Who acts as the Chairman of the National Integration Council (NIC), an extra-constitutional body set up to combat communalism, casteism, and regionalism?
Ans > The Prime Minister
- Historical Inception: The NIC was officially constituted in 1961 by then Prime Minister Jawaharlal Nehru to combat divisive threats like communalism and regionalism.
- Extra-Constitutional Nature: The NIC is neither a constitutional body nor a statutory body. It is an extra-constitutional, advisory body created by an executive resolution.
- Leadership and Composition: The council is exclusively chaired by the Prime Minister of India. The sprawling membership includes chief ministers, media heads, and public figures.
- Meeting Frequency: The NIC does not have a fixed meeting schedule. It is convened strictly as and when the national situation demands a consensus-building approach.
π Centre-State Relations
Q.10) The Inter-State Council was formally established in 1990 by a Presidential Order. Who was the Prime Minister of India at that time?
Ans > V.P. Singh
- Sarkaria Commission Recommendation: The establishment of the Council was a significant recommendation of the Sarkaria Commission (1983-87), which reviewed Centre-State relations.
- Article 263 Invocation: It wasn’t until 1990 that the V.P. Singh-led National Front government issued the Presidential Order to formally establish it under Article 263.
- Composition Breakdown: The Council is chaired by the Prime Minister and mandates the inclusion of Chief Ministers of all states and six Central Cabinet Ministers.
- Mandate and Role: Its primary function is to serve as an institutional framework to investigate and discuss subjects of common interest to promote cooperative federalism.
π Constitutional Amendments
Q.11) Which Constitutional Amendment Act is famously associated with the incorporation of Dadra and Nagar Haveli into the Indian Union?
Ans > 10th Amendment Act (1961)
- Portuguese Occupation: Dadra and Nagar Haveli were under Portuguese rule until 1954, after which it operated under the Varishta Panchayat until formal integration.
- Integration Process: The 10th Constitutional Amendment Act of 1961 formally incorporated these territories into the Indian Union as a brand-new Union Territory.
- Article 240 Modification: The amendment modified Article 240 to empower the President of India to make regulations for the peace and good government of this territory.
- Historical Significance: This amendment marked a crucial step in post-1947 territorial consolidation, removing remnants of European colonial outposts.
π Constitutional Amendments
Q.12) The 12th Constitutional Amendment Act (1962) incorporated which territories into the Indian Union?
Ans > Goa, Daman, and Diu
- Operation Vijay: The territories were liberated by the Indian Armed Forces in December 1961 through military action codenamed Operation Vijay.
- Constitutional Incorporation: The 12th Amendment Act of 1962 formally integrated these three enclaves, designating them collectively as a single Union Territory.
- Retrospective Effect: The amendment was given retrospective effect from December 20, 1961, the day after the Portuguese surrendered.
- Subsequent Statehood: While Daman and Diu remained a UT, Goa later attained full independent statehood in 1987.
π Constitutional Amendments
Q.13) The 14th Constitutional Amendment Act (1962) incorporated which former French establishment into the Indian Union as a Union Territory?
Ans > Puducherry
- French Territories: Puducherry (Pondicherry), Karaikal, Mahe, and Yanam were French establishments. De facto administration was handed over in 1954.
- De Jure Transfer: The legal transfer took place in 1962 after the French Parliament ratified the Treaty of Cession, and the 14th Amendment incorporated them.
- Legislative Powers: This amendment inserted Article 239A, empowering Parliament to create a Legislature and a Council of Ministers for specific UTs like Puducherry.
- First Schedule Alteration: The amendment officially cemented Puducherryβs legal status as a distinct Union Territory.
π Constitutional Amendments
Q.14) Which Amendment Act is recognized for abolishing the Privy Purses and privileges of the former rulers of princely states?
Ans > 26th Amendment Act (1971)
- Abolition of Privy Purses: The 26th Amendment permanently abolished “Privy Purses,” the fixed, tax-free sums guaranteed to former royal families.
- Egalitarian Shift: PM Indira Gandhi argued that rulership privileges were incompatible with an egalitarian and socialist society.
- Article Deletions and Additions: The amendment omitted Articles 291 and 362, and inserted Article 363A, explicitly ending legal recognition of “Rulers”.
- Judicial Precedent: Prior to this, the SC had struck down a 1970 Presidential order attempting to abolish the purses in the Madhav Rao Scindia case.
π Constitutional Amendments
Q.15) The 69th Constitutional Amendment Act (1991) provided a special status to Delhi and created a Legislative Assembly and Council of Ministers for it. Who was the Prime Minister when this was enacted?
Ans > P.V. Narasimha Rao
- National Capital Territory: The 69th Amendment officially redesignated the standard Union Territory of Delhi as the “National Capital Territory of Delhi” (NCT).
- Democratic Structure: It established a 70-member Legislative Assembly and a 7-member Council of Ministers.
- Balakrishnan Committee: The changes were based on recommendations of the S. Balakrishnan Committee setup in 1987 to investigate statehood demands.
- Special Limitations: Three vital subjectsβPublic Order, Police, and Landβwere explicitly kept under exclusive Central jurisdiction.
π Constitutional Amendments
Q.16) The 97th Constitutional Amendment Act (2011) granted constitutional status and protection to:
Ans > Co-operative Societies
- Fundamental Right Status: This amendment elevated the right to form co-operative societies to a Fundamental Right under Article 19(1)(c).
- Directive Principles Addition: It inserted a new DPSP (Article 43B), mandating the state to promote the autonomous functioning of co-operative societies.
- New Constitutional Part: It introduced Part IXB (Articles 243ZH to 243ZT) with exhaustive rules for co-operatives.
- Supreme Court Modification: In 2021, the SC struck down a portion relating to intra-state co-operative societies, ruling it required state ratification.
π Constitutional Amendments
Q.17) The 99th Constitutional Amendment Act (2014) established which body, which was later struck down by the Supreme Court as unconstitutional?
Ans > National Judicial Appointments Commission (NJAC)
- Attempt to Overturn the Collegium: The 99th Amendment aimed to replace the judicially created Collegium system with the NJAC for appointing SC and HC judges.
- Proposed Composition: The NJAC would have included the CJI, two senior SC judges, the Law Minister, and two “eminent persons”.
- Unconstitutional Ruling: In 2015, in the Fourth Judges Case, a Constitution Bench struck down the amendment and NJAC Act as unconstitutional by a 4-1 majority.
- Basic Structure Doctrine: The SC reasoned the amendment violated the Basic Structure by compromising judicial independence and granting executive influence.
π Constitutional Amendments
Q.18) The 100th Constitutional Amendment Act (2015) ratified the Land Boundary Agreement (LBA) between India and:
Ans > Bangladesh
- Land Boundary Agreement: This amendment gave constitutional effect to the 1974 LBA and its 2011 Protocol between India and Bangladesh.
- Exchange of Enclaves: It facilitated the physical exchange of 111 Indian enclaves in Bangladesh and 51 Bangladeshi enclaves in India.
- Citizenship Rights: The exchange gave thousands of stateless residents the legal right to choose their citizenship.
- First Schedule Alteration: Cession of territory required amending the First Schedule concerning Assam, West Bengal, Meghalaya, and Tripura.
π Constitutional Amendments
Q.19) Which Constitutional Amendment paved the way for the historic implementation of the Goods and Services Tax (GST)?
Ans > 101st Amendment Act (2016)
- Economic Unification: The 101st Amendment replaced a cascading web of indirect taxes with a single, unified Goods and Services Tax (GST).
- Concurrent Taxation Powers: It inserted Article 246A, giving concurrent powers to Parliament and State Legislatures to make GST laws.
- Creation of GST Council: It legally mandated the creation of the GST Council under Article 279A, a joint forum chaired by the Union Finance Minister.
- Abolition of Taxes: Historical taxes like central excise, octroi, and VAT were subsumed to create a “One Nation, One Tax” market.
π Constitutional Amendments
Q.20) The 102nd Constitutional Amendment Act (2018) provided constitutional status to which commission?
Ans > National Commission for Backward Classes (NCBC)
- Constitutional Elevation: The 102nd Amendment elevated the NCBC from a statutory body to a permanent constitutional body.
- Article 338B Insertion: It inserted Article 338B, giving the NCBC a legal status identical to the NCSC (Art 338) and NCST (Art 338A).
- Expanded Powers: The NCBC gained the authority of a civil court to hear complaints and advise on the socio-economic development of SEBCs.
- Presidential Authority: It introduced Article 342A, empowering the President to specify the socially and educationally backward classes.
π Constitutional Amendments
Q.21) The 103rd Constitutional Amendment Act (2019) introduced a maximum of 10% reservation for Economically Weaker Sections (EWS). Which Fundamental Rights were amended to effect this?
Ans > Articles 15 and 16
- Economic Criteria: The amendment introduced a 10% reservation in government jobs and education specifically for EWS among unreserved categories.
- Amending Fundamental Rights: It amended Article 15 and Article 16 by inserting clauses that permit special provisions based purely on economic backwardness.
- Breaching the 50% Ceiling: This quota is in addition to the 49.5% for SCs, STs, and OBCs, breaching the 50% ceiling established in the Indra Sawhney case.
- Supreme Court Validation: In 2022, a 5-judge bench upheld the validity of the 103rd Amendment by a 3:2 majority.
π Constitutional Amendments
Q.22) Which Constitutional Amendment discontinued the reservation of seats for the Anglo-Indian community in the Lok Sabha and State Legislative Assemblies?
Ans > 104th Amendment Act (2020)
- End of Anglo-Indian Quota: The 104th Amendment permanently ceased the nomination of Anglo-Indian members to the Lok Sabha and state assemblies.
- Extension of SC/ST Reservation: Concurrently, it extended the reservation for SCs and STs in legislative bodies for another 10 years (up to 2030).
- Article 334 Modification: The amendment modified Article 334, which originally stipulated representation provisions would cease 10 years from 1950.
- Demographic Rationale: The government justified the removal by pointing to the drastically reduced population of the Anglo-Indian community.
π Parliamentary Procedures
Q.23) Under Article 110, if a question arises whether a bill is a Money Bill or not, whose decision is final?
Ans > The Speaker of the Lok Sabha
- Exclusive Authority: Under Article 110(3), if any doubt arises regarding whether a bill is a Money Bill, the decision of the Lok Sabha Speaker is final.
- Immunity from Review: The Speakerβs certification cannot be legally questioned in court, in Parliament, or by the President of India.
- Aadhar Act Controversy: This absolute power was fiercely debated when the Aadhaar Act was passed as a Money Bill in 2016 to bypass the Rajya Sabha.
- Protection of Financial Autonomy: The rationale is to prevent legislative deadlocks over critical financial legislation.
π Parliamentary Procedures
Q.24) When a Money Bill is transmitted from the Lok Sabha to the Rajya Sabha, it must be endorsed by the:
Ans > Speaker of the Lok Sabha
- Mandatory Certification: Article 110(4) explicitly mandates that a Money Bill must contain a formal, written endorsement signed by the Speaker.
- Presidential Assent Phase: This critical physical certificate is required a second time when the bill is presented to the President for assent.
- Procedural Check: The endorsement acts as a red flag, legally binding the Rajya Sabha to restricted rules (cannot amend/reject, only recommend within 14 days).
- Administrative Responsibility: The Lok Sabha Secretariat meticulously ensures the Speakerβs signature is affixed before transmission.
π Legislative Process
Q.25) Does the Rajya Sabha have the power to reject or amend a Financial Bill (Category I)?
Ans > Yes, the Rajya Sabha has full power to reject or amend it (except for tax reductions/abolitions which need President’s recommendation)
- Dual Nature of the Bill: A Financial Bill (Category I) under Article 117(1) contains Money Bill matters alongside other broad non-financial clauses.
- Introduction Restrictions: Like a Money Bill, it can only be introduced in the Lok Sabha and requires the President’s prior recommendation.
- Rajya Sabha’s Equal Power: Once passed by the Lok Sabha, it is treated like an ordinary bill. The Rajya Sabha has full power to reject or amend it.
- Tax Reduction Exception: If the Rajya Sabha seeks to strictly reduce or abolish a tax within this bill, it does not require the President’s prior recommendation.
π Parliament & Budget
Q.26) Which Article mandates that the President shall cause to be laid before both Houses of Parliament the “Annual Financial Statement” (Budget)?
Ans > Article 112
- Constitutional Terminology: The word “Budget” is nowhere mentioned in the Constitution. Article 112 uses the legal term “Annual Financial Statement”.
- Presidential Responsibility: Article 112 places the absolute responsibility on the President to “cause to be laid” this statement, though the Finance Minister presents it.
- Financial Year Scope: The statement deals strictly with the upcoming financial year (April 1 to March 31).
- Charged vs. Voted Expenditure: It separates expenditure “charged” upon the Consolidated Fund (non-votable) from proposed expenditure (votable).
π Parliamentary Scrutiny
Q.27) Following the general discussion on the budget in Parliament, the Houses are adjourned for about three to four weeks. During this period, the detailed Demands for Grants are scrutinized by:
Ans > The Departmental Standing Committees (DRSCs)
- Post-Budget Recess: Parliament adjourns for a recess specifically set aside for detailed, uninterrupted financial scrutiny.
- Detailed Scrutiny: During this recess, the 24 Departmentally Related Standing Committees (DRSCs) examine the Demands for Grants of assigned ministries.
- Report Generation: The committees do not vote but prepare analytical reports pointing out inefficiencies and policy gaps for both Houses.
- Enhancing Accountability: This system, introduced in 1993, shifted budget scrutiny away from chaotic floor debates to focused committee rooms.
π Financial Legislature
Q.28) Which Article of the Constitution establishes the requirement of an “Appropriation Bill” to legally withdraw money from the Consolidated Fund of India?
Ans > Article 114
- Legal Authorization: Article 114 clearly states that no money shall be withdrawn from the Consolidated Fund except under formal appropriation made by parliamentary law.
- Consolidation of Demands: The Appropriation Bill legally bundles all the individually voted Demands for Grants and charged expenditure into a single act.
- Restriction on Amendments: No amendment can ever be proposed to this bill that would vary the amount or alter the destination of any approved grant.
- Transition to Act: The government cannot spend a single rupee from the Consolidated Fund until the Appropriation Bill formally receives the President’s assent.
π Parliamentary Procedures
Q.29) What mechanism allows the Lok Sabha to grant an advance in respect of estimated expenditure for a part of any financial year, pending the completion of the voting of demands for grants?
Ans > Vote on Account (Article 116)
- Bridging the Gap: Because the budget process takes months, the government needs emergency funds to keep operations running from April 1.
- Advance Grant Mechanism: A “Vote on Account” is an advance grant given by the Lok Sabha to cover short-term expenditure pending formal budget completion.
- Standard Allotment: It is routinely passed for an amount roughly equivalent to one-sixth of the total estimated annual expenditure (for two months).
- Election Year Variations: In an election year, a lame-duck government seeks a Vote on Account for an extended period (like three to four months).
π Emergency Financial Powers
Q.30) Which mechanism acts like a “blank cheque” given to the Executive by the Lok Sabha to meet an unexpected demand upon the resources of India, when the demand cannot be stated with details in an ordinary budget?
Ans > Vote of Credit
- Emergency Funding: A Vote of Credit is an extraordinary device designed to meet sudden demands for severe emergencies (e.g., unexpected war).
- Lack of Details: It is utilized when the nature or magnitude of the emergency is so unpredictable that financial demands cannot be stated with detailed estimates.
- Executive Freedom: It acts as a financial “blank cheque” handing maximum flexibility to the government without immediate line-item accountability.
- Rarity of Use: Given its highly unrestricted nature, a Vote of Credit is an incredibly rare parliamentary instrument.
π Quick Summary β Polity Set 147
- COPU Origin: Created 1964 via Krishna Menon Committee (1961) recommendations.
- COPU Members: Comprises 22 members (15 Lok Sabha, 7 Rajya Sabha).
- Minister Constraints: Ministers cannot join PAC, Estimates, or COPU to prevent conflict of interest.
- Absence Committee: Exists strictly only in the Lok Sabha.
- Privileges Committee: 15 members in Lok Sabha, 10 in Rajya Sabha.
- Regional ECs: Appointed by the President in consultation with the Election Commission (Art 324).
- UPSC Report: Submitted annually to the President of India.
- JSPSC Report: Submitted to respective State Governors.
- NIC Chair: The Prime Minister chairs the National Integration Council.
- Inter-State Council: Formally established in 1990 under PM V.P. Singh.
- 10th Amendment (1961): Incorporated Dadra and Nagar Haveli.
- 12th Amendment (1962): Incorporated Goa, Daman, and Diu.
- 14th Amendment (1962): Incorporated Puducherry into the Union.
- 26th Amendment (1971): Abolished Privy Purses for erstwhile rulers.
- 69th Amendment (1991): Gave special status (NCT) to Delhi under PM P.V. Narasimha Rao.
- 97th Amendment (2011): Protected Co-operative Societies constitutionally.
- 99th Amendment (2014): Created NJAC (later struck down by Supreme Court).
- 100th Amendment (2015): Ratified Land Boundary Agreement with Bangladesh.
- 101st Amendment (2016): Enabled the rollout of the Goods and Services Tax (GST).
- 102nd Amendment (2018): Granted constitutional status to NCBC.
- 103rd Amendment (2019): Added 10% EWS quota (amended Articles 15 & 16).
- 104th Amendment (2020): Discontinued Anglo-Indian reservation in legislatures.
- Money Bill Authority: Lok Sabha Speaker’s decision is absolute and final.
- Money Bill Endorsement: Must be signed by the Lok Sabha Speaker when sent to RS.
- Financial Bill (I): Rajya Sabha holds full power to reject or amend it.
- Article 112: Mandates the Annual Financial Statement (Budget) presentation.
- Budget Recess: DRSCs heavily scrutinize Demands for Grants during this time.
- Article 114: Requires an Appropriation Bill to withdraw funds from the Consolidated Fund.
- Vote on Account: Advance grant pending budget completion (Art 116).
- Vote of Credit: A “blank cheque” for unexpected, massive national emergencies.
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