Polity Set 73
π
π Polity β’ Union Territories
Q.1) Part VIII of the Constitution, which deals with the Union Territories, spans across which Articles?
Ans > Articles 239 to 241
- Constitutional Placement: Part VIII of the Indian Constitution is exclusively dedicated to the administration of Union Territories, reflecting their unique governance structure directly under the federal government rather than functioning as independent states.
- Scope of Articles: Articles 239 to 241 detail the administration, the creation of local legislatures or councils of ministers, and the establishment of High Courts specifically for these territories to ensure proper legal and executive functioning.
- Historical Evolution: Originally, the Constitution categorized states into Parts A, B, C, and D. The 7th Amendment Act of 1956 abolished Part C and Part D states, replacing them entirely with the modern concept of Union Territories.
- Federal Significance: Unlike full states that share a distributed federal relationship with the central government, Union Territories are characterized by a unitary relationship where the central government wields direct administrative and legislative control.
π Polity β’ Union Territories
Q.2) Every union territory is administered by the President acting through an administrator appointed by him. The administrator of a union territory is:
Ans > An agent of the President and not a head of state
- Direct Central Control: The administrator of a Union Territory is not a constitutional head of state like a Governor, but rather an agent directly appointed by the President of India to oversee the territory’s day-to-day administration.
- Designation Variations: Depending on the specific Union Territory, this administrator might be called a Lieutenant Governor, a Chief Commissioner, or an Administrator, though their fundamental role as a central representative remains exactly the same.
- Presidential Accountability: Because the administrator functions strictly as a delegate of the President, they do not possess the independent constitutional discretion that a state Governor has, making them directly and entirely answerable to the Union Government.
- Absence of Dual Polity: Unlike states where executive power is vested in the Governor to act with a state cabinet, the executive power of a Union Territory rests entirely with the President, who executes it through this appointed administrative agent.
π Polity β’ Union Territories
Q.3) In Delhi, Puducherry, and the Andaman and Nicobar Islands, the administrator is officially designated as the:
Ans > Lieutenant Governor
- Specific Designations: In the Union Territories of Delhi, Puducherry, and the Andaman and Nicobar Islands, the administrative head is officially designated as the Lieutenant Governor, distinguishing them from officials in smaller territories.
- Legislative Exceptions: Delhi and Puducherry are unique among Union Territories because they possess their own elected legislative assemblies and Councils of Ministers, meaning the Lieutenant Governor must often work alongside an elected Chief Minister.
- Administrative Hierarchy: The title of Lieutenant Governor carries a slightly different administrative weight and protocol rank compared to a standard “Administrator,” reflecting the larger population sizes and strategic political importance of these specific territories.
- Other Territories: In contrast to these three, territories like Chandigarh, Dadra and Nagar Haveli and Daman and Diu, and Lakshadweep are headed by officials who are simply designated as Administrators, often drawn from the civil services.
π Polity β’ Union Territories
Q.4) Which Constitutional Amendment Act (1991) provided a special status to the Union Territory of Delhi, redesignating it as the National Capital Territory of Delhi?
Ans > 69th Amendment Act
- Constitutional Restructuring: The 69th Constitutional Amendment Act of 1991 fundamentally transformed the governance of the capital by granting special status to the Union Territory of Delhi and officially renaming it the National Capital Territory (NCT) of Delhi.
- Balakrishnan Committee: This historic amendment was largely based on the comprehensive recommendations of the S. Balakrishnan Committee, which was specifically set up to study and suggest a workable, democratic administrative structure for the national capital.
- Creation of Article 239AA: The amendment inserted a new Article 239AA into the Constitution, which mandated the creation of a Legislative Assembly and a Council of Ministers for Delhi, giving citizens a democratic voice in local governance.
- Limits on Power: Despite getting a legislative assembly, the NCT of Delhi did not achieve full statehood; the central government explicitly retained direct executive control over three critical local subjects: public order, police, and land.
π Polity β’ Union Territories
Q.5) The 69th Amendment Act provided for the creation of a legislative assembly for Delhi with a fixed strength of how many members?
Ans > 70
- Democratic Representation: The 69th Amendment Act explicitly fixed the strength of the Delhi Legislative Assembly at exactly 70 members, ensuring that the diverse, growing population of the National Capital Territory has adequate and proportionate democratic representation.
- Direct Elections: Members of this 70-seat assembly are elected directly by the people of Delhi through universal adult suffrage from territorial constituencies, closely mirroring the electoral process for standard state legislative assemblies across India.
- Council of Ministers Cap: The Constitution stipulates that the Council of Ministers in Delhi cannot exceed 10% of the total strength of the assembly, meaning the cabinet is strictly limited to a maximum of seven ministers, including the Chief Minister.
- Electoral College Participation: Notably, unlike representatives of standard Union Territories without legislatures, the 70 elected Members of the Legislative Assembly (MLAs) of Delhi are eligible to participate in the Electoral College for the election of the President of India.
π Polity β’ Union Territories
Q.6) Which Union Territory is the only one to have its own separate High Court (established in 1966)?
Ans > Delhi
- Historical Milestone: Established in 1966, Delhi is uniquely recognized as the first and historically only Union Territory in India to possess its own completely independent High Court, reflecting its massive population and its critical status as the national capital.
- Jurisdiction Scope: Unlike other Union Territories that fall under the legal jurisdiction of neighboring state High Courts (like Andaman under Calcutta High Court or Lakshadweep under Kerala High Court), the Delhi High Court’s jurisdiction is exclusive to the NCT.
- Constitutional Provision: The Parliament of India is empowered by Article 241 of the Constitution to constitute a High Court for a Union Territory, a constitutional power it exercised specifically to create this judicial body for Delhi.
- Judicial Strength and Role: The Delhi High Court handles a massive volume of significant constitutional and national-level cases due to its location, and it has grown significantly in terms of its sanctioned judge strength since its inception.
π Polity β’ Scheduled Areas
Q.7) Part X of the Constitution contains special provisions for the administration of ‘Scheduled Areas’ and ‘Tribal Areas’ under which Article?
Ans > Article 244
- Constitutional Safeguards: Part X of the Indian Constitution is exclusively dedicated to the unique administrative frameworks required for ‘Scheduled Areas’ and ‘Tribal Areas’, acknowledging that these regions need specialized governance distinct from standard state administration.
- Article 244 Provisions: Article 244 explicitly outlines the application of the Fifth Schedule to the administration of Scheduled Areas and Scheduled Tribes in most states, while directing the Sixth Schedule to specific northeastern tribal regions.
- Protection of Culture: The primary objective of these special constitutional provisions is to protect the unique cultural identities, traditional customs, and socio-economic rights of indigenous tribal populations from external exploitation and unregulated modernization.
- Modified Executive Power: In areas designated under Article 244, the standard executive powers of the state government are significantly restricted, and the Governor is granted special responsibilities and discretionary powers to ensure tribal welfare and autonomy.
π Polity β’ Scheduled Areas
Q.8) The Fifth Schedule of the Constitution deals with the administration of scheduled areas and scheduled tribes in any state EXCEPT the states of:
Ans > Assam, Meghalaya, Tripura, and Mizoram
- Geographical Application: The Fifth Schedule of the Constitution is designed to manage Scheduled Areas and Scheduled Tribes across various Indian states, but it explicitly excludes the four northeastern states of Assam, Meghalaya, Tripura, and Mizoram.
- The AMTM Exception: These four excluded statesβoften remembered by the acronym AMTMβare governed under a completely different administrative framework provided by the Sixth Schedule, which grants a significantly higher degree of local autonomy to tribal councils.
- Distinct Tribal Demographics: The constitutional framers recognized that the tribes in Assam, Meghalaya, Tripura, and Mizoram had not assimilated as deeply into the mainstream population compared to tribes in central India, necessitating a distinct, more autonomous approach.
- Purpose of Separation: By separating these four states from the Fifth Schedule, the Constitution ensures that their complex, deeply rooted customary laws and traditional land-holding systems are preserved through the creation of powerful Autonomous District Councils.
π Polity β’ Scheduled Areas
Q.9) Who is empowered to declare an area to be a scheduled area under the Fifth Schedule?
Ans > The President of India
- Presidential Authority: Under the provisions of the Fifth Schedule, the President of India holds the exclusive constitutional authority to officially declare any territory within a state as a ‘Scheduled Area’ through an executive order.
- Modification Powers: The President’s power is not just limited to declaration; they can also alter boundaries, increase the area, or completely revoke the Scheduled Area status of a region in consultation with the Governor of the respective state.
- Criteria for Declaration: While not explicitly codified in the Constitution, the criteria historically used by the President include a preponderance of tribal population, compactness of the area, a viable administrative entity, and economic backwardness.
- Bypassing Parliament: This specific presidential empowerment means that the alteration or declaration of Scheduled Areas does not require a formal constitutional amendment or a standard legislative act by the Parliament, allowing for necessary administrative flexibility.
π Polity β’ Scheduled Areas
Q.10) Each state having scheduled areas has to establish a Tribes Advisory Council to advise on welfare and advancement of the scheduled tribes. It consists of how many members?
Ans > 20
- Advisory Function: The Fifth Schedule mandates the creation of a Tribes Advisory Council (TAC) in states with Scheduled Areas, serving as a critical advisory body to the state government on matters concerning the welfare and advancement of Scheduled Tribes.
- Membership Composition: The council must consist of a maximum of 20 members, ensuring a compact but highly representative body that can effectively deliberate on tribal issues and provide meaningful policy recommendations directly to the Governor.
- Tribal Representation: To ensure authentic representation, the Constitution strictly requires that as many as three-fourths (15 out of 20) of the members must be the elected representatives of the Scheduled Tribes in the State Legislative Assembly.
- Governor’s Rule-Making Power: The Governor of the state is empowered to make specific rules prescribing the mode of appointment for these members, the appointment of the council’s chairman, and the overall conduct of its meetings and official procedures.
π Polity β’ Tribal Areas
Q.11) The Sixth Schedule deals with the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram. The tribal areas in these states have been constituted as:
Ans > Autonomous districts
- High Degree of Autonomy: The Sixth Schedule governs tribal areas in Assam, Meghalaya, Tripura, and Mizoram by constituting them as ‘Autonomous Districts,’ which enjoy a remarkable degree of self-governance compared to other local government regions in India.
- Executive Independence: Although these autonomous districts technically fall within the executive authority of the state they are located in, they function with distinct administrative, legislative, and judicial powers that limit the state government’s direct interference.
- Multiple Tribes Arrangement: If an autonomous district is inhabited by several different scheduled tribes, the Governor is constitutionally empowered to further divide the district into several ‘Autonomous Regions’ to ensure adequate self-rule for distinct ethnic groups.
- Preservation of Customary Law: The primary structural purpose of designating these areas as Autonomous Districts is to allow indigenous populations to govern themselves according to their traditional customary laws, especially regarding marriage, inheritance, and social customs.
π Polity β’ Tribal Areas
Q.12) Who is empowered to organise and re-organise the autonomous districts under the Sixth Schedule?
Ans > The Governor
- Gubernatorial Discretion: The Sixth Schedule explicitly grants the Governor of the state the sweeping power to organize and re-organize the boundaries and structures of autonomous districts, acting as the primary constitutional safeguard for these regions.
- Boundary Modifications: The Governor has the authority to increase or decrease the physical area of any autonomous district, alter its name, define its specific boundaries, or even create entirely new autonomous districts based on demographic needs.
- No Parliamentary Approval Needed: This immense territorial power is vested solely in the Governor and does not require an act of the State Legislature or the national Parliament, ensuring swift administrative adaptation to changing tribal requirements.
- Protection of Minorities: When exercising the power to re-organize these districts, the Governor must ensure that different tribal groups receive fair administrative boundaries, often dividing a district into autonomous regions to prevent larger tribes from dominating smaller ones.
π Polity β’ Tribal Areas
Q.13) Each autonomous district under the Sixth Schedule has a district council consisting of how many members?
Ans > 30
- Legislative Body: Every autonomous district constituted under the Sixth Schedule is mandated to have a District Council, which functions as a mini-legislature possessing substantial powers to make laws on specified local subjects like land and forests.
- Council Composition: The Constitution limits the strength of these District Councils to a maximum of 30 members, establishing a localized democratic framework that deeply represents the specific tribal population of that autonomous district.
- Elected vs. Nominated: Out of these 30 members, 26 are directly elected on the basis of adult franchise by the local population, while the remaining 4 members are nominated by the Governor to ensure comprehensive and fair representation.
- Term and Tenure: The elected members of the District Council hold office for a standard term of five years (unless the council is dissolved earlier), whereas the nominated members hold office entirely during the pleasure of the Governor.
π Polity β’ Election Commission
Q.14) Part XV of the Constitution deals with Elections. The Election Commission of India is a permanent and independent body established under which Article?
Ans > Article 324
- Constitutional Foundation: Part XV of the Constitution is dedicated to the electoral process, with Article 324 establishing the Election Commission of India (ECI) as the supreme constitutional authority responsible for conducting free and fair elections.
- Permanent and Independent: The Election Commission is explicitly designed as a permanent and independent body, completely insulated from executive interference, ensuring that the democratic process in India remains unbiased and transparent at all times.
- All-India Jurisdiction: The ECI is an all-India body in the sense that it is common to both the Central government and the State governments, conducting elections for the Parliament, State Legislatures, and the offices of the President and Vice-President.
- Exclusion of Local Bodies: It is important to note that the ECI is not responsible for conducting elections to panchayats and municipalities; the Constitution establishes separate State Election Commissions specifically to handle those grassroots local body elections.
π Polity β’ Election Commission
Q.15) The Election Commission consists of the Chief Election Commissioner and such number of other election commissioners as determined from time to time by the:
Ans > President
- Presidential Prerogative: Article 324 explicitly states that the Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners as the President may from time to time fix.
- Historical Context: Since its inception in 1950, the ECI functioned as a single-member body until 1989. The President, exercising this constitutional power, expanded it to a multi-member body just before the 1989 general elections to manage increased workloads.
- Current Structure: Today, based on presidential determination and subsequent legislative arrangements, the Election Commission operates effectively as a three-member body, comprising one Chief Election Commissioner and two Election Commissioners.
- Executive Check: By leaving the exact number of commissioners to the President (effectively the Union Cabinet), the Constitution provides the executive branch with the necessary flexibility to scale the commission’s workforce in response to the growing complexity of elections.
π Polity β’ Election Commission
Q.16) The chief election commissioner and the two other election commissioners have equal powers and receive equal salary, allowances, and other perquisites, which are similar to those of a:
Ans > Judge of the Supreme Court
- Parity in Status: To ensure absolute independence and prevent executive intimidation, the Chief Election Commissioner and the two other Election Commissioners are granted a status, salary, and allowances precisely equivalent to those of a Judge of the Supreme Court of India.
- Financial Security: Their salaries are charged on the Consolidated Fund of India, meaning that their financial compensation cannot be reduced or varied to their disadvantage during their tenure, safeguarding them from political or financial pressure.
- Equal Power Dynamics: Despite the title of “Chief,” all three commissioners possess perfectly equal powers in decision-making. In case of any difference of opinion among them, the matter is strictly decided by the majority vote of the three members.
- Protection of Independence: Equating their perquisites with those of a Supreme Court Judge was a deliberate constitutional design meant to elevate the Election Commission to a level of judicial-like sanctity, ensuring immense public trust in the electoral process.
π Polity β’ Election Commission
Q.17) They hold office for a term of six years or until they attain what age, whichever is earlier?
Ans > 65 years
- Fixed Security of Tenure: The Chief Election Commissioner and other Election Commissioners enjoy a highly secure tenure, holding office for a fixed term of six years or until they attain the age of 65 years, whichever event occurs earlier.
- Resignation Rights: Despite this strict fixed tenure, any commissioner retains the absolute right to step down voluntarily at any point by addressing a formal letter of resignation directly to the President of India.
- Age Cap Significance: The 65-year age limit aligns precisely with the retirement age of Supreme Court Judges, further reinforcing the parity in status and ensuring that the top electoral roles are held by highly experienced individuals without indefinite tenures.
- No Constitutional Bar on Reappointment: Interestingly, unlike the Chairman of the UPSC, the Constitution does not explicitly debar retiring Election Commissioners from being appointed to other further employments under the government, which is a frequent point of academic debate.
π Polity β’ Election Commission
Q.18) The chief election commissioner can be removed from his office under the same grounds and in the same manner as a:
Ans > Judge of the Supreme Court
- Stringent Removal Process: To protect electoral integrity, the Chief Election Commissioner (CEC) cannot be removed arbitrarily; they can only be removed from office by the President on the exact same grounds and in the same manner as a judge of the Supreme Court.
- Parliamentary Impeachment: This means the CEC can only be ousted through a complex impeachment process requiring a special majority resolution passed by both houses of Parliament (Lok Sabha and Rajya Sabha) during the exact same session.
- Specific Grounds: The Constitution stipulates only two highly specific grounds for this removal: “proved misbehaviour” or “incapacity,” ensuring that the CEC cannot be fired merely for making independent decisions unfavorable to the ruling government.
- Vulnerability of Other Commissioners: Crucially, while the CEC enjoys this high level of constitutional protection, the other two Election Commissioners do not; they can legally be removed by the President simply on the recommendation of the CEC.
π Polity β’ Election Commission
Q.19) Which body acts as a court for settling disputes related to granting of recognition to political parties and allotment of election symbols to them?
Ans > The Election Commission
- Quasi-Judicial Function: The Election Commission of India functions not just as an administrative body, but also as a powerful quasi-judicial tribunal equipped to resolve critical disputes arising between rival political factions.
- Political Party Recognition: When a political party splinters or merges, the ECI holds the exclusive legal authority to investigate the claims of the rival factions and decide which group is the legitimate successor entitled to the party’s official national or state recognition.
- Symbol Allotment Authority: Under the Election Symbols (Reservation and Allotment) Order, 1968, the ECI acts as a court to settle intense disputes over the allotment of valuable election symbols, which are crucial for visual voter identification in India.
- Binding Decisions: The judgments delivered by the Election Commission in these specific recognition and symbol disputes are legally binding on all parties involved, subject only to subsequent judicial review by the High Courts or the Supreme Court of India.
π Polity β’ UPSC
Q.20) The Union Public Service Commission (UPSC) is the central recruiting agency in India. It is an independent constitutional body established under Articles:
Ans > 315 to 323
- Merit Watchdog: The Union Public Service Commission (UPSC) is widely recognized as the central recruiting agency and the primary “watchdog of the merit system” in India, ensuring unbiased selection for the country’s elite civil services.
- Constitutional Placement: The structure, functions, and independence of the UPSC are comprehensively detailed in Part XIV of the Constitution, spanning Articles 315 to 323, shielding the institution from day-to-day political interference.
- Article Breakdown: While Article 315 mandates the creation of the Commission for the Union and the States, subsequent articles detail the appointment of members (316), their removal process (317), and the overarching functions of the commission (320).
- Direct Presidential Reporting: Demonstrating its constitutional independence, Article 323 requires the UPSC to present an annual report of its performance directly to the President, who must then lay it before both Houses of Parliament with explanations for any unaccepted advice.
π Polity β’ UPSC
Q.21) Who determines the composition (strength) of the Union Public Service Commission (UPSC)?
Ans > The President
- Unspecified Strength: Unlike many other constitutional bodies, the Constitution of India deliberately does not specify the exact numerical strength of the Union Public Service Commission, leaving the composition flexible based on current administrative needs.
- Presidential Discretion: Article 318 delegates the absolute authority to determine the number of members of the Commission, as well as their specific conditions of service, entirely to the discretion of the President of India.
- Standard Composition: Although unspecified by the Constitution, standard convention dictates that the UPSC typically operates with a composition of nine to eleven members, including the serving Chairman, appointed by the President.
- Conditions of Service: The President’s power ensures that while they determine the composition, the conditions of service for the Chairman or any member cannot be varied to their disadvantage after their formal appointment has been made.
π Polity β’ UPSC
Q.22) Although no qualifications are prescribed for the Commissionβs membership, what proportion of the members of the UPSC should have held office for at least 10 years either under the Government of India or a state government?
Ans > One-half
- Broad Qualifications: The Constitution refrains from prescribing specific educational or professional qualifications for membership to the UPSC, allowing for a diverse board comprising individuals from varied administrative, academic, and professional backgrounds.
- The 50% Rule: However, to ensure immense administrative expertise, the Constitution explicitly mandates that at least one-half of the appointed members must possess significant prior experience working within the government machinery.
- Ten-Year Requirement: This specific constitutional caveat requires that these experienced members must have held office for a minimum of ten years either under the Government of India or under the government of any State.
- Balancing the Board: This mandatory requirement ensures that while the UPSC can bring in fresh perspectives from outside the government, its core decision-making is firmly grounded in a deep, practical understanding of Indian bureaucratic administration.
π Polity β’ UPSC
Q.23) The chairman and members of the UPSC hold office for a term of six years or until they attain the age of:
Ans > 65 years
- Fixed Tenure: To ensure continuity and independence, the Chairman and other members of the Union Public Service Commission hold their office for a constitutionally guaranteed fixed term of six years from the date they assume charge.
- Age Restriction: This six-year tenure is subject to an absolute age ceiling; members must demit office upon attaining the age of 65 years, regardless of whether they have completed their full six-year term.
- Resignation Process: Any member, including the Chairman, retains the right to relinquish their post before the expiry of their term by addressing a formal, written resignation directly to the President of India.
- Post-Retirement Restrictions: To prevent executive favors influencing their duties, the Constitution strict bars the UPSC Chairman from any further employment under the central or state governments after retirement, while standard members can only be appointed as Chairman of UPSC or an SPSC.
π Polity β’ UPSC
Q.24) The President can remove the chairman or any other member of UPSC for misbehaviour. However, the President has to refer the matter for an enquiry to the:
Ans > Supreme Court
- Presidential Power: The President of India possesses the constitutional authority to remove the Chairman or any other member of the UPSC from office prematurely on the specific grounds of “misbehaviour” or physical/mental incapacity.
- Mandatory Judicial Review: However, the President cannot act unilaterally on charges of misbehaviour. Article 317 makes it mandatory for the President to refer the matter to the Supreme Court of India for a thorough and independent enquiry.
- Binding Advice: If the Supreme Court, after conducting its comprehensive enquiry, upholds the cause of removal and advises the President accordingly, this advice is constitutionally binding on the President, and the member must be removed.
- Suspension Power: While the Supreme Court is actively conducting this judicial enquiry, the President has the discretionary power to temporarily suspend the accused Chairman or member from office until final orders are passed based on the Court’s report.
π Polity β’ SPSC
Q.25) A State Public Service Commission (SPSC) is also created by the Constitution. The chairman and members of the SPSC are appointed by the:
Ans > Governor
- State-Level Equivalent: Just as the UPSC serves the recruitment needs of the central government, the Constitution mandates the creation of a State Public Service Commission (SPSC) for every state to handle recruitment for state-level civil services.
- Gubernatorial Appointment: Unlike the UPSC where the President makes appointments, the Chairman and the other members of a State Public Service Commission are formally appointed by the Governor of the respective state.
- Determining Strength: Similar to the central framework, the Constitution does not specify the exact strength of the SPSC; it leaves the number of members and their service conditions entirely to the discretion of the state’s Governor.
- Experience Criteria: Mirroring the UPSC requirements, the Constitution stipulates that at least one-half of the appointed members of an SPSC must have held a government office (state or central) for at least ten years before their appointment.
π Polity β’ SPSC
Q.26) Although the chairman and members of a SPSC are appointed by the governor, they can be removed ONLY by the:
Ans > President
- Constitutional Anomaly: In a unique constitutional arrangement designed to safeguard the independence of the state commissions, although SPSC members are appointed by the state’s Governor, they cannot be legally removed by the Governor.
- Presidential Authority: The Constitution explicitly vests the exclusive power to remove the Chairman and members of a State Public Service Commission solely with the President of India, keeping them free from local state politics.
- Same Grounds as UPSC: The SPSC members can be removed by the President strictly on the same grounds (such as insolvency, paid employment outside office, or misbehaviour) and in the exact same manner as members of the UPSC.
- Supreme Court Inquiry: If the removal is based on charges of “misbehaviour,” the President must refer the matter to the Supreme Court for an inquiry, and the Court’s subsequent advice remains binding on the President regarding the SPSC member’s fate.
π Polity β’ SPSC
Q.27) The chairman and members of a SPSC hold office for a term of six years or until they attain the age of:
Ans > 62 years
- Standardized Term: Just like their counterparts in the Union Public Service Commission, the Chairman and members of a State Public Service Commission are granted a constitutionally fixed term of six years in office to ensure administrative continuity.
- Lower Retirement Age: The critical difference lies in the retirement age; SPSC members must vacate their office upon reaching the age of 62 years, which is three years lower than the 65-year limit officially set for UPSC members.
- Acting Chairman Provisions: If the office of the SPSC Chairman falls vacant, or if the Chairman is absent, the Governor is empowered to appoint one of the existing commission members to perform the duties of the Chairman temporarily.
- Future Employment: After their tenure ends at age 62, an SPSC member is strictly ineligible for reappointment to the same post, but they are eligible for appointment as the Chairman or member of the UPSC, or as the Chairman of any other SPSC.
π Polity β’ JSPSC
Q.28) A Joint State Public Service Commission (JSPSC) for two or more states can be created by:
Ans > An Act of Parliament
- Cooperative Federalism: Recognizing that smaller states might not possess the resources or the administrative need to maintain separate, independent commissions, the Constitution provides for the creation of a Joint State Public Service Commission (JSPSC).
- Legislative Creation: A JSPSC is legally established for two or more participating states solely by an Act of the national Parliament, highlighting the central government’s role in facilitating interstate administrative cooperation.
- State Resolution Prerequisite: Crucially, the Parliament cannot impose a JSPSC unilaterally; it can only pass the Act creating a joint commission if the legislatures of all the concerned states first pass a formal resolution officially requesting it.
- Historical Example: The most prominent historical example of a JSPSC was created for the states of Punjab and Haryana immediately following the linguistic reorganization and bifurcation of the state of Punjab in 1966.
π Polity β’ JSPSC
Q.29) Since a JSPSC is created by an Act of Parliament, it is a:
Ans > Statutory body
- Legal Status Distinction: Because a Joint State Public Service Commission is born out of a specific legislative Act passed by Parliament rather than being directly established by a specific article of the Constitution, its legal status differs fundamentally.
- Statutory vs. Constitutional: The UPSC and the individual State Public Service Commissions are classified as purely constitutional bodies, whereas the JSPSC is legally classified as a statutory body since it derives its existence from a statute.
- Rule-Making Nuances: As a statutory entity, the specific powers, functions, and operational guidelines of a JSPSC are heavily dictated by the specific Act of Parliament that created it, rather than broad constitutional mandates alone.
- Flexibility and Dissolution: This statutory nature allows for greater legislative flexibility; the Parliament can theoretically modify the powers of a JSPSC or even abolish it through subsequent legislation much easier than amending constitutional provisions for a UPSC or SPSC.
π Polity β’ JSPSC
Q.30) The chairman and members of a Joint State Public Service Commission (JSPSC) are appointed by the:
Ans > President
- Centralized Appointment: Despite functioning primarily to serve the recruitment needs of the participating state governments, the Chairman and members of a Joint State Public Service Commission are officially appointed by the President of India, not the state Governors.
- Service Conditions: Alongside the exclusive power of appointment, the President also holds the authority to precisely determine the number of members on the JSPSC and dictate their specific conditions of service through administrative rules.
- Tenure and Age Limits: The members of a JSPSC operate under the exact same term limitations as an SPSC; they hold office for a term of six years or until they reach the retirement age of 62 years, whichever event occurs earlier.
- Removal Mechanism: Consistent with their central appointment process, JSPSC members can be suspended or permanently removed from their office exclusively by the President of India, following the same strict procedures (including Supreme Court inquiry) applicable to UPSC members.
π Quick Summary β Polity Set 73
- Union Territories: Handled by Part VIII (Arts 239-241) and administered directly by the President via an appointed agent.
- Delhi NCT: The 69th Amendment (1991) created a 70-member legislative assembly. Delhi alone has a separate High Court (1966).
- Scheduled Areas: Governed under Part X (Art 244) & 5th Schedule. Excludes Assam, Meghalaya, Tripura, Mizoram. The President declares these areas.
- Tribes Advisory Council: Consists of a maximum of 20 members (15 elected MLAs) to advise the Governor on tribal welfare.
- Tribal Areas (6th Schedule): Formed as Autonomous Districts in AMTM states. The Governor possesses immense power to organize them.
- District Councils: Each autonomous district has a council of up to 30 members (26 elected, 4 nominated).
- Election Commission (ECI): Established under Article 324. The President determines the number of commissioners (currently a 3-member body).
- ECI Independence: They hold equal powers to a Supreme Court Judge. Term is 6 years or up to 65 years of age.
- CEC Removal: The Chief Election Commissioner can only be removed in the exact manner as a Supreme Court Judge.
- UPSC: Formed under Articles 315-323. The President determines composition. 50% must have 10 years of government experience.
- UPSC Tenure & Removal: Term is 6 years/65 years. The President can remove them but only after an inquiry by the Supreme Court.
- SPSC: Appointed by the Governor but removed ONLY by the President. Term is 6 years or up to 62 years of age.
- JSPSC: A Joint Commission for multiple states is a statutory body created by Parliament, not directly by the Constitution.
- JSPSC Appointments: Chairman and members of a JSPSC are appointed and removed entirely by the President.
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