Polity Set 74
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π Constitutional Bodies β’ Finance Commission
Q.1) Article 280 of the Constitution provides for a Finance Commission as a quasi-judicial body. It is constituted by the President every:
Ans > 5 years (or at such earlier time as he considers necessary)
- Constitutional Mandate and Flexibility: Article 280 of the Indian Constitution mandates the President to constitute a Finance Commission at the expiration of every fifth year or earlier. This constitutional flexibility allows the President to convene the commission sooner if exceptional economic circumstances or national financial emergencies require an immediate review of resource distribution.
- Core Objective of Fiscal Federalism: The primary purpose of this quasi-judicial body is to recommend the distribution of net proceeds of taxes between the Centre and the states. This process, known as vertical and horizontal tax devolution, is crucial for maintaining cooperative fiscal federalism and ensuring states have adequate resources for governance.
- Historical Context and Evolution: The First Finance Commission was established in 1951 under the chairmanship of K.C. Neogy. Since its inception, it has played a pivotal role in balancing economic disparities among various states by recommending grants-in-aid based on specific criteria like population demographics, geographical area, forest cover, and income distance.
π Constitutional Bodies β’ Finance Commission
Q.2) The Finance Commission consists of a chairman and how many other members to be appointed by the President?
Ans > Four
- Specific Composition and Appointment: The Finance Commission is a multi-member body consisting of one Chairman and four other members, all of whom are directly appointed by the President of India. They hold office for a specific period as defined by the President’s order and are eligible for reappointment, ensuring continuity and experienced oversight.
- Distinct Professional Backgrounds: The four members are selected based on highly specific professional qualifications to ensure a well-rounded fiscal review. Typically, they include a High Court judge (or someone qualified to be one), a person with specialized knowledge of finance and accounts of the government, an administrator with wide experience in financial matters, and an expert in economics.
- Role of the Chairman: The Chairman of the Finance Commission is required to be a person with extensive experience in public affairs. This requirement ensures that the leader of the commission understands the broader political, social, and economic implications of the financial recommendations being made to the government.
π Constitutional Bodies β’ Finance Commission
Q.3) The Constitution authorises whom to determine the qualifications of members of the Finance Commission and the manner in which they should be selected?
Ans > The Parliament
- Legislative Authority over Qualifications: While the President appoints the members, the Constitution explicitly grants the Parliament of India the authority to determine the specific qualifications of the members and the manner of their selection. This ensures democratic legislative oversight over the formation of this crucial financial body.
- The Finance Commission Act, 1951: Exercising this constitutional authority, the Parliament enacted the Finance Commission (Miscellaneous Provisions) Act in 1951. This Act explicitly details the necessary qualifications, the terms of office, salaries, and the specific grounds for the disqualification of the commission’s members, formalizing the selection process.
- Conditions for Disqualification: Under the rules established by Parliament, a member can be disqualified if they are found to be of unsound mind, involve themselves in a vile or immoral act, or acquire a financial or other interest that is likely to prejudicially affect their functions as a member of the Commission.
π Constitutional Bodies β’ Finance Commission
Q.4) The recommendations made by the Finance Commission are:
Ans > Only of an advisory nature
- Advisory Nature of Recommendations: The recommendations made by the Finance Commission are purely advisory and not legally binding on the Union Government. It is ultimately up to the Central Government to accept or reject the commission’s advice regarding the sharing of tax revenues and the provision of grants-in-aid to the states.
- Convention of Acceptance: Despite being advisory, there is a strong, established democratic convention that the central government generally accepts the core recommendations of the Finance Commission. Rejecting them would require robust justification and could lead to significant political friction between the Centre and the various state governments.
- Parliamentary Accountability: When the Finance Commission submits its report to the President, the President lays it before both Houses of Parliament. Crucially, it must be accompanied by an “Explanatory Memorandum” detailing the exact action taken by the government on each recommendation, ensuring full transparency and accountability to the legislature.
π Constitutional Bodies β’ GST Council
Q.5) Which Constitutional Amendment Act established the Goods and Services Tax Council (GST Council) under Article 279-A?
Ans > 101st Amendment Act (2016)
- Transformational Tax Reform: The 101st Constitutional Amendment Act of 2016 introduced Article 279-A, which mandated the creation of the GST Council. This amendment was a watershed moment in Indian economic history, as it paved the way for a unified indirect tax regime, replacing a complex web of central and state indirect taxes.
- Presidential Constitution: Following the passage of the 101st Amendment, the GST Council was formally constituted by the President of India. The amendment gave the President a strict timeline, requiring the council to be established within 60 days of the commencement of Article 279-A, highlighting the urgency of the tax reform.
- Concept of Cooperative Federalism: The establishment of the GST Council represents a prime example of cooperative federalism in India. By creating a joint forum where both the Centre and the States have a constitutional voice in deciding tax rates, exemptions, and dispute resolution, it fundamentally restructured Centre-State financial relations.
π Constitutional Bodies β’ GST Council
Q.6) Who acts as the Chairperson of the GST Council?
Ans > The Union Finance Minister
- Central Leadership Role: The Union Finance Minister serves as the ex-officio Chairperson of the GST Council. This leadership structure ensures that the Union government’s macroeconomic policies and national fiscal strategies are effectively integrated into the decision-making processes regarding the country’s primary indirect tax system.
- Representation of States: While the Union Finance Minister chairs the council, every single state government is highly represented. The states are represented by their respective State Finance Ministers or any other minister nominated by the state government, ensuring that regional financial interests are thoroughly voiced and protected.
- Role of the Union Minister of State: In addition to the Union Finance Minister, the Union Minister of State in charge of Revenue or Finance is also a permanent member of the GST Council. The council also elects a Vice-Chairperson from amongst the State Finance Ministers, further balancing the power dynamics between the Centre and the states.
π Constitutional Bodies β’ GST Council
Q.7) In the GST Council, every decision is taken by a majority of not less than three-fourths of the weighted votes of the members present and voting. The vote of the Central Government has a weightage of:
Ans > One-third of the total votes cast
- Unique Voting Architecture: The voting structure of the GST Council is carefully engineered to prevent either the Centre or the States from making unilateral tax decisions. The Central Government’s vote holds a weightage of exactly one-third of the total votes cast, while the combined votes of all State Governments carry a weightage of two-thirds.
- The Three-Fourths Majority Rule: A decision in the GST Council can only be passed if it secures a minimum of three-fourths (75%) of the weighted votes of the members present and voting. Because the Centre holds 33.3% of the vote and the states hold 66.7%, neither can pass a resolution independently.
- Built-in Veto Power: This mathematical weightage effectively gives both the Central Government and the collective block of State Governments a mutual veto. The Centre needs the support of at least 20 states to pass a decision, while the states cannot pass a decision without the agreement of the Central Government, forcing consensus-building.
π Constitutional Bodies β’ NCSC
Q.8) The National Commission for Scheduled Castes (NCSC) is a constitutional body established directly by which Article?
Ans > Article 338
- Direct Constitutional Origin: The National Commission for Scheduled Castes is a constitutional body directly established by Article 338 of the Indian Constitution. Unlike statutory bodies which are created by acts of Parliament (like the National Human Rights Commission), its existence and mandate are hardwired into the fundamental law of the land.
- Evolution from a Special Officer: Originally, Article 338 only provided for a “Special Officer” for Scheduled Castes and Scheduled Tribes to investigate matters relating to constitutional safeguards. Over decades, recognizing the need for a more robust mechanism, this single-officer post was gradually transformed through amendments into a powerful multi-member constitutional commission.
- Core Mandate and Civil Court Powers: The NCSC’s primary mandate is to monitor, investigate, and evaluate all matters relating to the safeguards provided for the SCs under the Constitution. When inquiring into any complaint regarding the deprivation of rights, the Commission is vested with all the powers of a civil court trying a suit.
π Constitutional Bodies β’ NCSC & NCST
Q.9) The combined National Commission for SCs and STs was bifurcated into two separate bodies by which Constitutional Amendment Act (2003)?
Ans > 89th Amendment Act
- Necessity for Bifurcation: Initially, there was a single National Commission for both Scheduled Castes and Scheduled Tribes. However, it was recognized that the cultural, socioeconomic, and geographical challenges faced by Scheduled Tribes were vastly different from those faced by Scheduled Castes, necessitating a specialized, dedicated approach for each group.
- The 89th Amendment Act, 2003: To address these distinct needs, the Parliament passed the 89th Constitutional Amendment Act in 2003. This landmark amendment officially bifurcated the combined commission, splitting it into two independent constitutional bodies to ensure more focused policy oversight and faster grievance redressal for both marginalized communities.
- Creation of a New Article: The bifurcation was executed by amending the existing Article 338 (which was then restricted to dealing exclusively with Scheduled Castes) and simultaneously inserting a brand new constitutional provision, Article 338-A, which established the dedicated National Commission for Scheduled Tribes.
π Constitutional Bodies β’ NCST
Q.10) The separate National Commission for Scheduled Tribes (NCST) came into existence in 2004 under which new Article?
Ans > Article 338A
- Establishment Year and Article: Following the passage of the 89th Constitutional Amendment Act in 2003, the separate National Commission for Scheduled Tribes (NCST) formally came into existence in the year 2004. Its powers, duties, and structure are completely governed by the newly inserted Article 338A of the Constitution.
- Specialized Focus on Tribal Rights: The creation of the NCST under Article 338A provided a massive boost to tribal welfare. The commission focuses heavily on specialized issues such as the prevention of alienation of tribal lands, effective implementation of the Panchayat (Extension to the Scheduled Areas) Act, 1996 (PESA), and the Forest Rights Act.
- Consultation Mandate: The Constitution under this article mandates that the Union and every State Government must consult the National Commission for Scheduled Tribes on all major policy matters affecting Scheduled Tribes. This ensures that tribal voices are institutionally integrated into the legislative and executive planning processes.
π Constitutional Bodies β’ NCSC
Q.11) The National Commission for SCs consists of a chairperson, a vice-chairperson, and how many other members?
Ans > Three
- Total Composition of Five: Both the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST) share an identical organizational structure. They consist of exactly five members: one Chairperson, one Vice-Chairperson, and three other dedicated members to manage the workload of the commission across India.
- Conditions of Service: The conditions of service and the specific tenure of office for the Chairperson, Vice-Chairperson, and the three other members are determined by rules formulated by the President. Typically, the convention is that they hold their respective offices for a term of three years from the date of assumption of charge.
- Cabinet Minister Status: To ensure the commission wields sufficient administrative authority and respect within the government hierarchy, the Chairperson of the NCSC is typically granted the rank and status of a Union Cabinet Minister. The Vice-Chairperson enjoys the status of a Minister of State, while other members have the status of a Secretary to the Government of India.
π Constitutional Bodies β’ SC/ST Commissions
Q.12) The chairperson, vice-chairperson, and members of the National Commissions for SCs and STs are appointed by the:
Ans > President
- Presidential Warrant: The Chairperson, Vice-Chairperson, and all other members of these critical constitutional commissions are appointed directly by the President of India. This appointment is made through a highly formal process by warrant under the President’s hand and seal, signifying the supreme constitutional importance of these offices.
- Independence from Executive Ministries: While the Ministry of Social Justice and Empowerment (for SCs) and the Ministry of Tribal Affairs (for STs) handle the administrative and financial budgeting for these commissions, the direct presidential appointment ensures the commissions maintain autonomy and independence from standard bureaucratic interference.
- Representation Requirements: By convention and procedural rules, there is a strong emphasis on representation within the commission itself. For example, it is generally mandated that at least one of the appointed members must be a woman, ensuring gender perspectives are included in the commission’s investigations and welfare recommendations.
π Constitutional Bodies β’ NCBC
Q.13) Which Constitutional Amendment Act conferred constitutional status on the National Commission for Backward Classes (NCBC) in 2018?
Ans > 102nd Amendment Act
- Shift from Statutory to Constitutional: Prior to 2018, the National Commission for Backward Classes (NCBC) was merely a statutory body, established by an Act of Parliament in 1993 following the landmark Mandal case judgment. The 102nd Constitutional Amendment Act of 2018 elevated its status, making it a constitutional body on par with the NCSC and NCST.
- Expansion of Grievance Redressal Powers: When the NCBC was a statutory body, its mandate was largely restricted to recommending inclusions or exclusions in the central list of backward classes. The 102nd Amendment vastly expanded its powers, authorizing it to hear specific grievances and complaints regarding the deprivation of rights of socially and educationally backward classes.
- Presidential Notification Power: Alongside upgrading the NCBC, the 102nd Amendment also inserted Article 342A, which empowered the President to specify the socially and educationally backward classes in relation to a state or union territory. This centralized the power to identify backward classes, which later required further clarification via the 105th Amendment.
π Constitutional Bodies β’ NCBC
Q.14) The National Commission for Backward Classes (NCBC) was inserted into the Constitution under which Article?
Ans > Article 338B
- Completing the Commission Trinity: The insertion of Article 338B via the 102nd Amendment completed the constitutional trinity of commissions designed to protect marginalized communities. The Constitution now explicitly houses the NCSC under Article 338, the NCST under Article 338A, and the newly elevated NCBC under Article 338B.
- Identical Civil Court Powers: By placing the NCBC under Article 338B, the Constitution granted it the exact same investigative powers as the NCSC and NCST. While investigating complaints, the NCBC functions with all the powers of a civil court, including the ability to summon witnesses, demand public records, and receive evidence on affidavits.
- Reporting Mechanism: Under Article 338B, the NCBC is mandated to present an annual report (or at other times as it deems fit) directly to the President. The President then places this report before Parliament along with an action-taken memorandum. If the report concerns a specific state, it is forwarded to the respective Governor for presentation in the state legislature.
π Constitutional Bodies β’ CAG
Q.15) Article 148 provides for an independent office of the Comptroller and Auditor General of India (CAG). He is appointed by the:
Ans > President
- Supreme Audit Institution: Article 148 of the Indian Constitution establishes the office of the Comptroller and Auditor General (CAG). This office represents the Supreme Audit Institution of India, serving as one of the most critical bulwarks of the democratic system by ensuring financial accountability of the executive to the legislature.
- Presidential Appointment and Oath: The CAG is appointed by the President of India by warrant under his hand and seal. Before entering upon the office, the CAG must make and subscribe to an oath or affirmation before the President, swearing to bear true faith and allegiance to the Constitution and to uphold the sovereignty and integrity of India.
- Dr. B.R. Ambedkar’s Vision: Dr. B.R. Ambedkar, the chief architect of the Constitution, stated that the CAG shall be the most important officer under the Constitution of India. He viewed the CAG as one of the four main pillars of the democratic constitution, alongside the Supreme Court, the Election Commission, and the Union Public Service Commission.
π Constitutional Bodies β’ CAG
Q.16) The CAG holds office for a period of six years or up to the age of:
Ans > 65 years
- Fixed Tenure and Age Limit: The Comptroller and Auditor General of India holds office for a fixed term of six years or until attaining the age of 65 years, whichever comes earlier. This specific tenure model is designed to provide the CAG with enough time to conduct comprehensive audits while ensuring regular leadership turnover.
- Security of Tenure: This term of office is highly secure. Once appointed, the CAG does not hold office at the mere pleasure of the President. The individual can resign at any time by addressing a resignation letter to the President, but they cannot be arbitrarily dismissed by the ruling executive government.
- Post-Retirement Restriction: To ensure absolute impartiality and to prevent any future conflict of interest or executive appeasement, the Constitution strictly bars the CAG from holding any further office under the Government of India or the Government of any State once they have ceased to hold their position.
π Constitutional Bodies β’ CAG
Q.17) The CAG can be removed by the President on the same grounds and in the same manner as a:
Ans > Supreme Court Judge
- Stringent Removal Process: To guarantee absolute independence from political pressure, the Constitution dictates that the CAG can only be removed from office by the President on the exact same grounds, and in the exact same manner, as a judge of the Supreme Court of India.
- Grounds for Removal: The only constitutionally valid grounds for the removal of the CAG are “proved misbehaviour” or “incapacity.” This means the executive government cannot simply remove a CAG because they uncovered an uncomfortable financial scandal or released a highly critical audit report against a ruling party.
- Parliamentary Resolution Required: The removal process requires an address to be passed by both Houses of Parliamentβthe Lok Sabha and the Rajya Sabha. This address must be supported by a special majority (a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting) in the same session.
π Constitutional Bodies β’ CAG
Q.18) Who is described as the guardian of the public purse and controls the entire financial system of the country at both the Centre and state levels?
Ans > The Comptroller and Auditor General (CAG)
- Guardian of the Public Purse: The CAG is universally recognized as the guardian of the public purse in India. Their fundamental duty is to ensure that not a single rupee is withdrawn from the Consolidated Fund of India or the Consolidated Funds of the States without explicit legal authority and parliamentary or legislative approval.
- Dual Jurisdiction: Unlike many other constitutional authorities that are strictly divided between the central and state governments, the CAG’s jurisdiction is comprehensive. The office audits the accounts of both the Union Government and all State Governments, providing a unified and standardized framework for public financial accountability across the entire nation.
- Auditor, Not a Comptroller: Interestingly, while the title is “Comptroller and Auditor General,” in actual practice in India, the officer only functions as an Auditor General. In the UK, the Comptroller can physically prevent the government from drawing money from the exchequer. In India, the CAG only audits the money after it has already been withdrawn and spent.
π Constitutional Bodies β’ CAG
Q.19) The CAG acts as a guide, friend and philosopher of which Parliamentary committee?
Ans > Public Accounts Committee
- Crucial Symbiotic Relationship: The CAG acts as the “guide, friend, and philosopher” to the Public Accounts Committee (PAC) of Parliament. The PAC relies heavily on the exhaustive audit reports prepared by the CAG to scrutinize government expenditure, as members of Parliament generally lack the highly specialized accounting expertise required to analyze complex financial data.
- Assisting Parliamentary Oversight: When the PAC holds meetings to examine various ministries and government departments regarding financial irregularities, the CAG sits with the committee to assist them. The CAG helps the politicians understand the technical nuances of the audit findings and helps formulate probing questions for government officials.
- Ensuring Action on Audit Reports: The relationship between the CAG and the PAC is what gives teeth to the audit process. Without the PAC calling executive officials to answer for the flaws highlighted by the CAG, the audit reports would merely gather dust. Together, they form a formidable mechanism for enforcing executive financial accountability.
π Constitutional Bodies β’ Attorney General
Q.20) The Constitution provides for the office of the Attorney General for India, the highest law officer in the country, under which Article?
Ans > Article 76
- Highest Law Officer: Article 76 of the Indian Constitution provides for the office of the Attorney General for India. This individual serves as the chief legal advisor to the Government of India and is recognized as the highest law enforcement officer in the country, representing the Union government in complex and high-stakes legal matters.
- Duties of Representation: The primary duty of the Attorney General is to give crucial legal advice to the Government of India upon legal matters referred by the President. Additionally, they are required to appear on behalf of the Government of India in all major cases in the Supreme Court where the Union is a party.
- Presidential References: Under Article 143 of the Constitution, the President of India has the power to consult the Supreme Court on matters of public importance. When such a constitutional reference is made, it is the Attorney General who represents the Government of India in the Supreme Court during those specific proceedings.
π Constitutional Bodies β’ Attorney General
Q.21) To be appointed as the Attorney General, a person must be qualified to be appointed a judge of the:
Ans > Supreme Court
- Rigorous Qualifications Required: Because the Attorney General must represent the government in the nation’s highest court, the Constitution strictly demands that the appointee must possess the exact same qualifications required to be appointed as a judge of the Supreme Court of India. This ensures only the most eminent jurists hold the position.
- Specific Criteria for Eligibility: To meet the Supreme Court judge criteria, the candidate must be a citizen of India. Furthermore, they must have been a judge of a High Court for at least five years, OR an advocate of a High Court for at least ten years, OR be recognized as a distinguished jurist in the opinion of the President.
- Maintaining High Legal Standards: These stringent qualification requirements guarantee that the legal advice provided to the Union Cabinet is of the highest possible caliber, preventing unconstitutional legislation from being drafted and ensuring the government’s actions hold up to intense judicial scrutiny in constitutional courts.
π Constitutional Bodies β’ Attorney General
Q.22) The term of office of the Attorney General is:
Ans > Not fixed by the Constitution (holds office during the pleasure of the President)
- Absence of a Fixed Tenure: Unlike the CAG or the Election Commissioners, the term of office for the Attorney General is entirely absent from the Constitution. There is no fixed tenure of three, five, or six years, nor is there a constitutional retirement age limit set for the individual holding this specific office.
- Doctrine of Pleasure: The Attorney General holds office solely during the “pleasure of the President.” This effectively means that the Attorney General can be removed by the President (acting on the advice of the Council of Ministers) at any time, without assigning any specific reason or requiring a parliamentary impeachment process.
- Convention of Resignation: Because the Attorney General is essentially appointed on the advice of the ruling government to serve as their legal counsel, a strong political convention dictates that they automatically resign when the Council of Ministers (the ruling government) resigns or is replaced, allowing the new government to appoint their own trusted law officer.
π Constitutional Bodies β’ Attorney General
Q.23) Does the Attorney General have the right to speak and take part in the proceedings of both the Houses of Parliament?
Ans > Yes, without the right to vote
- Special Parliamentary Privileges: Under Article 88 of the Constitution, the Attorney General is granted extraordinary privileges. Despite not being an elected or nominated Member of Parliament, they possess the constitutional right to speak and take part in the proceedings of either House (Lok Sabha and Rajya Sabha) and any joint sittings.
- Committee Participation: In addition to speaking in the main chambers, the Attorney General can be named as a member of any parliamentary committee and has the right to participate in its proceedings. This allows the government to utilize their legal expertise when drafting complex legislation or debating constitutional intricacies on the floor.
- Absolute Restriction on Voting: While they enjoy the rights of free speech and immunity comparable to an MP within the Parliament, the Constitution explicitly denies the Attorney General the right to vote on any bill, motion, or resolution. This limitation preserves the democratic principle that only elected or formally nominated representatives can vote on national legislation.
π Constitutional Bodies β’ Advocate General
Q.24) Which Article of the Constitution provides for the office of the Advocate General for the states (the highest law officer in the state)?
Ans > Article 165
- State-Level Counterpart: Article 165 of the Indian Constitution establishes the office of the Advocate General for each state. This office is specifically designed to be the exact state-level counterpart to the Attorney General of India, functioning as the chief legal advisor and supreme law officer for the respective state government.
- Advising the State Executive: The primary duty of the Advocate General is to provide sound legal advice to the government of the state upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to them by the Governor of the state.
- Right of Audience in State Courts: In the performance of their official duties, the Advocate General possesses the right of audience in all courts within the territorial territory of the state. They represent the state government in the state’s High Court in all major civil and criminal matters where the state government is a party.
π Constitutional Bodies β’ Advocate General
Q.25) Who appoints the Advocate General of a state?
Ans > The Governor
- Gubernatorial Appointment: The Advocate General of a state is appointed exclusively by the Governor of that respective state. However, in keeping with India’s parliamentary system of democracy, the Governor does not act on personal discretion but makes this appointment strictly on the advice of the State Council of Ministers, headed by the Chief Minister.
- Political Nature of the Post: Because the appointment is heavily driven by the ruling state government’s preferences, the Advocate General is widely viewed as a political appointee. The state government needs a trusted and highly capable lawyer to defend its policies and legislative acts against constitutional challenges in the High Court.
- Resignation Convention: Similar to the Attorney General at the center, the Advocate General generally resigns from their post whenever the state government that appointed them resigns, loses its majority, or finishes its term. This allows the incoming state government to bring in their own preferred legal expert.
π Constitutional Bodies β’ Advocate General
Q.26) To be appointed as the Advocate General of a state, a person must be qualified to be appointed a judge of a:
Ans > High Court
- Alignment with High Court Standards: To ensure the Advocate General has the required legal gravitas to represent the state effectively, the Constitution mandates that the appointee must be qualified to be appointed as a judge of a High Court. This sets a very high bar for legal experience and competence.
- Specific Qualification Criteria: To meet the constitutional criteria for a High Court judge, the individual must be a citizen of India. Furthermore, they must have either held a judicial office in the territory of India for a minimum of ten years, or they must have been an advocate of a High Court for at least ten years.
- Private Practice Allowance: Unlike standard government servants, both the Advocate General and the Attorney General are not considered full-time government employees. Therefore, they are generally not debarred from continuing their private legal practice, provided they do not take up cases that conflict with or are against the respective governments they serve.
π Constitutional Bodies β’ Advocate General
Q.27) The Advocate General holds office during the pleasure of the:
Ans > Governor
- No Fixed Constitutional Term: Much like the Attorney General, the Constitution of India does not fix any specific tenure for the Advocate General of a state. There is no set limit of years, nor is there a constitutionally mandated retirement age for the person occupying this high-level office.
- Doctrine of Gubernatorial Pleasure: The Advocate General holds office entirely during the “pleasure of the Governor.” This means they can be removed from their position by the Governor at any given time without assigning a reason. In practical terms, this removal is executed on the advice of the Chief Minister.
- Remuneration Determination: The Constitution also does not fix the salary and remuneration of the Advocate General. Instead, it explicitly states that they shall receive such remuneration as the Governor may determine. This is typically decided based on the volume of cases they handle and standard state government protocols.
π Non-Constitutional Bodies β’ NITI Aayog
Q.28) Which of the following bodies is NOT a constitutional body?
Ans > NITI Aayog
- Nature of an Executive Body: NITI Aayog (National Institution for Transforming India) is strictly an extra-constitutional, non-statutory body. It was not created by the Constitution of India, nor was it created by an Act of Parliament. It was formed purely by an executive resolution passed by the Union Cabinet on January 1, 2015.
- Replacement of the Planning Commission: NITI Aayog was established as the premier policy “think tank” of the Government of India, replacing the decades-old Planning Commission. Its primary goal is to foster cooperative federalism by evolving a shared vision of national development priorities with the active involvement of state governments.
- Constitutional Counterparts in the Options: In stark contrast to NITI Aayog, the other options are firmly entrenched in the Constitution. The Election Commission is mandated by Article 324, the Finance Commission is established under Article 280, and the National Commission for Scheduled Castes derives its authority from Article 338.
π Statutory Bodies β’ Solicitor General
Q.29) The Solicitor General of India and the Additional Solicitor General of India assist the Attorney General. Are their offices created by the Constitution?
Ans > No, they are statutory bodies, not constitutional
- Statutory, Not Constitutional: The offices of the Solicitor General of India and the Additional Solicitor General of India are not mentioned anywhere in the Constitution of India. Article 76 only creates the office of the Attorney General. The Solicitor General roles are governed by statutory rules and acts, specifically the Law Officers (Conditions of Service) Rules, 1987.
- Subordinate Roles and Responsibilities: These officers serve as the second and third highest law officers in the country, respectively. Their primary function is to strictly assist the Attorney General of India in fulfilling their massive responsibilities, dividing the immense workload of representing the Union Government in various high courts and the Supreme Court.
- Lack of Article 88 Privileges: Because they are not constitutional authorities, the Solicitor General and Additional Solicitors General do not enjoy the special parliamentary privileges granted to the Attorney General. They do not have the constitutional right to enter, speak, or take part in the proceedings of the Houses of Parliament.
π Constitutional Bodies β’ CAG
Q.30) Which constitutional body is responsible for submitting its audit reports relating to the accounts of the Union to the President, who then lays them before both Houses of Parliament?
Ans > Comptroller and Auditor General (CAG)
- Constitutional Reporting Mechanism: Article 151 of the Indian Constitution explicitly dictates the reporting structure for the Supreme Audit Institution. It mandates that the audit reports of the Comptroller and Auditor General relating to the accounts of the Union government must be submitted directly to the President of India.
- Three Primary Audit Reports: Every year, the CAG submits three critical audit reports to the President: the audit report on appropriation accounts (comparing actual expenditure against sanctioned budget), the audit report on finance accounts (showing annual receipts and disbursements), and the audit report on public sector undertakings.
- Parliamentary Presentation and Scrutiny: Once the President receives these reports, they are constitutionally bound to cause them to be laid before both Houses of Parliament. Upon being presented to the legislature, these complex reports are handed over to the Public Accounts Committee (PAC) and the Committee on Public Undertakings (COPU) for detailed examination and action.
π Quick Summary β Polity Set 74
- Finance Commission Tenure: Constituted every 5 years or earlier by the President (Article 280).
- Finance Commission Composition: Consists of a chairman and 4 other members.
- FC Member Qualifications: The Parliament is authorised to determine qualifications.
- FC Recommendations: They are advisory in nature, not binding on the Government.
- GST Council Origin: Established under Article 279-A via the 101st Amendment Act (2016).
- GST Council Chair: The Union Finance Minister acts as the Chairperson.
- GST Council Voting: Central Government holds one-third weightage of the total votes cast.
- NCSC Article: The National Commission for Scheduled Castes is established under Article 338.
- SC/ST Commission Bifurcation: Split into two bodies by the 89th Amendment Act (2003).
- NCST Article: The National Commission for Scheduled Tribes is established under Article 338A.
- NCSC Composition: Consists of a chairperson, vice-chairperson, and 3 other members.
- SC/ST Commission Appointments: Members are appointed directly by the President.
- NCBC Constitutional Status: Granted by the 102nd Amendment Act (2018).
- NCBC Article: The National Commission for Backward Classes falls under Article 338B.
- CAG Appointment: The Comptroller and Auditor General is appointed by the President.
- CAG Tenure: Holds office for 6 years or up to 65 years of age.
- CAG Removal: Removed on the same grounds and manner as a Supreme Court Judge.
- Guardian of Public Purse: The CAG controls the entire financial system at Centre and state levels.
- CAG & Committees: Acts as a guide, friend and philosopher of the Public Accounts Committee.
- Attorney General Article: Office provided under Article 76.
- Attorney General Qualifications: Must be qualified to be a Supreme Court Judge.
- Attorney General Term: Holds office during the pleasure of the President.
- AG Parliamentary Rights: Has the right to speak/participate in Parliament, but without voting rights.
- Advocate General Article: Office provided under Article 165 for the states.
- Advocate General Appointment: Appointed by the Governor of the state.
- Advocate General Qualifications: Must be qualified to be a High Court Judge.
- Advocate General Term: Holds office during the pleasure of the Governor.
- Non-Constitutional Body: NITI Aayog is an executive, extra-constitutional body.
- Solicitor General Status: They are statutory bodies, not created by the Constitution.
- CAG Audit Reports: Submitted to the President, who lays them before Parliament.
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