Polity Set 88
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π Local Government β’ Polity
Q.1) Part IX of the Constitution, titled “The Panchayats”, was added by which Constitutional Amendment Act?
Ans > 73rd Amendment Act (1992)
- Historical Context of the Amendment: The 73rd Constitutional Amendment Act was passed by Parliament in 1992 and officially came into force on April 24, 1993. This specific date is now celebrated annually as National Panchayati Raj Day in India. This landmark legislation translated the constitutional directive principle enshrined in Article 40 into a functional, binding reality for state governments.
- Constitutional Additions and Scope: This amendment added a completely new Part IX to the Constitution of India, titled “The Panchayats”. It consists of detailed provisions spanning from Article 243 to Article 243O, creating a uniform, mandatory blueprint for local rural self-government across the entire nation, replacing the earlier fragmented systems.
- Democratic Decentralization Goals: The core objective of this legislative act was democratic decentralization, effectively transferring political power and financial resources to the grassroots level. It mandated regular elections every five years, established strict rules for the reservation of seats for marginalized communities, and forced the creation of State Finance Commissions to ensure adequate financial resources for these rural local bodies.
π Local Government β’ Polity
Q.2) Part IX-A of the Constitution, titled “The Municipalities”, was added by which Constitutional Amendment Act?
Ans > 74th Amendment Act (1992)
- Urban Local Government Framework: Enacted simultaneously with the rural panchayat reforms, the 74th Amendment Act established a standardized constitutional framework for urban local bodies (ULBs). It came into effect on June 1, 1993, addressing the rapid urbanization of India and the need for structured city governance.
- Constitutional Provisions Added: The amendment inserted Part IX-A into the Constitution, encompassing Articles 243P to 243ZG. This part outlines the structural organization of urban governance, ensuring that cities and towns are not governed merely as extensions of the state government but as autonomous democratic units.
- Categorization of Municipalities: The act mandates the creation of three distinct types of municipalities based on demographic size and urban transition. These include Nagar Panchayats for transitional areas (rural to urban), Municipal Councils for smaller urban areas, and Municipal Corporations for large urban metropolises, ensuring scalable governance models.
π Co-operative Societies β’ Polity
Q.3) Part IX-B of the Constitution, titled “The Co-operative Societies”, was added by which Constitutional Amendment Act?
Ans > 97th Amendment Act (2011)
- Constitutional Status Conferred: The 97th Amendment Act of 2011 gave a constitutional status and absolute protection to co-operative societies in India. It aimed to overcome challenges regarding the mismanagement and political interference historically plaguing the cooperative sector, ensuring they function as democratic, autonomous, and professional institutions.
- Fundamental Rights Amendment: This act made a crucial change to Part III of the Constitution by amending Article 19(1)(c). It explicitly added the words “or co-operative societies,” thereby elevating the right to form cooperative societies to the status of a Fundamental Right for every Indian citizen.
- Directive Principles Addition: The amendment also introduced a new Article 43B into the Directive Principles of State Policy (Part IV). This article mandates that the State shall endeavor to promote the voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies across the nation.
π Committees β’ Panchayati Raj
Q.4) The Balwant Rai Mehta Committee, which recommended a three-tier Panchayati Raj system, was appointed by the Government of India in the year:
Ans > 1957
- Origins and Original Purpose: Appointed in January 1957, this committee was initially tasked with examining the working of the Community Development Programme (1952) and the National Extension Service (1953). The government wanted to understand why these massive developmental programs were failing to achieve their intended rural impact.
- Three-Tier Structure Proposal: The committee concluded that without public participation, rural development was impossible. It recommended the establishment of a three-tier Panchayati Raj system: Gram Panchayat at the village level, Panchayat Samiti at the block level, and Zila Parishad at the district level, all linked through a system of indirect elections.
- Pioneering Implementation by States: The committee’s recommendations were accepted by the National Development Council in 1958. Rajasthan became the first state in independent India to establish the Panchayati Raj system, inaugurating it in Nagaur district on October 2, 1959, followed closely by Andhra Pradesh.
π Committees β’ Panchayati Raj
Q.5) The Ashok Mehta Committee, which recommended a two-tier system of Panchayati Raj, was appointed in the year:
Ans > 1977
- Political Context of Formation: The Ashok Mehta Committee was appointed by the Janata Party government in December 1977. At this time, the Panchayati Raj institutions established in the late 1950s had largely stagnated or declined due to a lack of political will, irregular elections, and inadequate financial backing from state governments.
- Shift to a Two-Tier System: In its 1978 report, the committee made a radical departure from the Balwant Rai Mehta model by recommending a two-tier system. It suggested that the Zila Parishad should be the executive body at the district level, and below it, a Mandal Panchayat consisting of a group of villages with a total population of 15,000 to 20,000.
- Political Party Participation: One of the most controversial and notable recommendations of this committee was the official participation of political parties at all levels of Panchayat elections. It also strongly advocated for granting compulsory powers of taxation to Panchayati Raj institutions to ensure their financial independence.
π Schedules β’ Panchayati Raj
Q.6) The Eleventh Schedule of the Constitution specifies the powers, authority, and responsibilities of Panchayats. How many functional items does it contain?
Ans > 29
- Link to the 73rd Amendment: The Eleventh Schedule was incorporated into the Indian Constitution by the 73rd Amendment Act of 1992. It is intimately tied to Article 243G, which deals with the powers, authority, and responsibilities devolved to the Panchayats by the respective State Legislatures.
- Key Subjects Included: The schedule lists exactly 29 subjects that are crucial for local governance. These encompass a wide spectrum of rural life, including agriculture, land improvement, minor irrigation, animal husbandry, rural housing, drinking water, roads, rural electrification, and poverty alleviation programs.
- Concept of Subsidiarity: The inclusion of these 29 items is based on the principle of subsidiarityβthe idea that functions which can be best performed at the local level should be delegated to local bodies. This ensures that economic development and social justice planning are handled by those who intimately understand the ground reality of the villages.
π Schedules β’ Municipalities
Q.7) The Twelfth Schedule of the Constitution specifies the powers, authority, and responsibilities of Municipalities. How many functional items does it contain?
Ans > 18
- Foundation in the 74th Amendment: Added by the 74th Amendment Act of 1992, the Twelfth Schedule corresponds to Article 243W of the Constitution. It provides the overarching framework guiding State Legislatures on what powers and responsibilities they should legally transfer to urban local bodies.
- Urban Planning and Infrastructure: The 18 functional items listed in this schedule are heavily focused on urban environments. Key responsibilities include urban planning (including town planning), regulation of land use, construction of buildings, planning for economic and social development, and the provision of roads and bridges.
- Public Health and Civic Amenities: Beyond infrastructure, the schedule places a heavy emphasis on public health and civic duties. It includes water supply for domestic, industrial, and commercial purposes, public health, sanitation, solid waste management, slum improvement, and the provision of urban amenities like parks, gardens, and playgrounds.
π Reservations β’ Panchayati Raj
Q.8) Article 243D mandates that not less than what fraction of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women?
Ans > One-third
- Groundbreaking Political Empowerment: Article 243D was a revolutionary step in Indian politics, legally mandating that at least one-third (33%) of the total seats in all Panchayati Raj institutions must be reserved exclusively for women. This was designed to break the traditional patriarchal dominance in rural Indian governance.
- Intersectionality in Reservation: The reservation is applied with intersectional fairness. The one-third quota for women must be applied within the seats already reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs). This ensures that women from marginalized and historically oppressed communities also get guaranteed representation.
- Leadership Role Reservation: The constitutional mandate does not stop at just membership seats; it extends to leadership positions. Article 243D also specifies that not less than one-third of the total number of offices of Chairpersons in the Panchayats at each level must be reserved for women, fundamentally altering the leadership landscape of rural India.
π Elections β’ State Election Commission
Q.9) Article 243K provides that the superintendence, direction, and control of elections to the panchayats shall be vested in the:
Ans > State Election Commission
- Independent Constitutional Body: Article 243K establishes the State Election Commission (SEC) as an independent constitutional authority. This body was created specifically to ensure that local body elections are not delayed or manipulated by the incumbent state governments, securing the democratic cycle at the grassroots.
- Appointment and Removal Procedures: The State Election Commissioner is appointed directly by the Governor of the State. To safeguard their independence, the Constitution dictates that the Commissioner can only be removed from office in the exact same manner and on the same grounds as a Judge of a High Court, insulating them from political pressure.
- Separation from National Elections: It is important to note the jurisdictional separation. While the Election Commission of India (ECI) handles elections for Parliament and State Legislatures, the State Election Commission has absolute and exclusive authority over the preparation of electoral rolls and the conduct of all elections to the Panchayats and Municipalities.
π Union Territories β’ Constitution
Q.10) Part VIII of the Constitution (Articles 239 to 241) deals with which of the following?
Ans > The Union Territories
- Direct Federal Administration: Part VIII of the Constitution outlines the administrative framework for Union Territories (UTs). Unlike states, which share federal power with the central government, Union Territories are under the direct administrative control and governance of the President of India, acting through an appointed administrator.
- Historical Evolution of UTs: The concept of Union Territories was heavily shaped by the States Reorganisation Act of 1956. Over the decades, the list of UTs has evolved; some former UTs like Goa, Himachal Pradesh, and Tripura were eventually granted full statehood, while new ones like Jammu & Kashmir and Ladakh were created recently.
- Legislative Powers of Parliament: Because UTs are centrally administered, the Parliament of India enjoys supreme legislative power over them. Parliament can make laws on any subject mentioned in the three lists (Union, State, and Concurrent) for the Union Territories, highlighting their distinct, non-federal constitutional status.
π Administration β’ Union Territories
Q.11) In Delhi, Puducherry, and the Andaman and Nicobar Islands, the administrator appointed by the President is designated as the:
Ans > Lieutenant Governor
- Administrative Nomenclature: While every Union Territory is administered by an appointee of the President, the specific title varies. In Delhi, Puducherry, Andaman and Nicobar Islands, Jammu and Kashmir, and Ladakh, the official designation is “Lieutenant Governor” (LG), denoting a higher rank than a standard Administrator.
- Distinction from State Governors: A Lieutenant Governor of a Union Territory is fundamentally different from a Governor of a State. While a State Governor is a constitutional head acting primarily on the aid and advice of the Council of Ministers, an LG serves as an administrative agent of the President and holds significantly more direct executive power.
- Role in Territories with Legislatures: In UTs that possess their own Legislative Assemblies (like Delhi and Puducherry), the dynamic becomes complex. The LG must generally act on the advice of the Chief Minister, but retains special discretionary powers and the ability to refer disagreements directly to the President of India for a final decision.
π Special Status β’ Delhi
Q.12) Which Amendment Act provided special status to the Union Territory of Delhi, designating it as the National Capital Territory of Delhi?
Ans > 69th Amendment Act (1991)
- Creation of the NCT: The 69th Constitutional Amendment Act of 1991 was a watershed moment for the capital’s governance. Based on the recommendations of the S. Balakrishnan Committee, it formally redesignated the Union Territory of Delhi as the “National Capital Territory of Delhi” (NCT).
- Establishment of the Legislative Assembly: This amendment inserted Article 239AA into the Constitution, providing Delhi with a Legislative Assembly and a Council of Ministers headed by a Chief Minister. This gave the residents of Delhi a democratic voice in their local governance, bridging the gap between a pure UT and a full state.
- Limitations on Legislative Power: Despite having an elected assembly, Delhi is not a full state. The amendment explicitly restricted the Delhi Assembly’s power. It cannot legislate on three specific matters from the State List: Public Order, Police, and Land. These critical subjects remain under the exclusive jurisdiction of the Union Government via the Lieutenant Governor.
π Scheduled Areas β’ Fifth Schedule
Q.13) 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
- Purpose of the Fifth Schedule: The Fifth Schedule is a specialized constitutional mechanism designed to protect the rights, culture, and land of tribal populations living in specific areas across India. It recognizes that these regions require distinct administrative protocols to prevent exploitation and promote socio-economic development.
- Role of the Governor and Tribes Advisory Council: Under this schedule, the State Governor holds extraordinary discretionary powers. The Governor must submit an annual report to the President regarding the administration of these areas. Furthermore, the schedule mandates the creation of a Tribes Advisory Council (TAC) to advise the Governor on matters of tribal welfare.
- Exceptions and the Sixth Schedule: The Fifth Schedule applies to all states containing designated Scheduled Areas, except for the four Northeastern states of Assam, Meghalaya, Tripura, and Mizoram. The tribal dynamics in these four states are historically distinct and more complex, thus they are governed under the even more autonomous provisions of the Sixth Schedule.
π Tribal Areas β’ Sixth Schedule
Q.14) The Sixth Schedule deals with the administration of tribal areas (constituted as autonomous districts) in the states of:
Ans > Assam, Meghalaya, Tripura, and Mizoram
- Autonomous District Councils (ADCs): The Sixth Schedule applies exclusively to Assam, Meghalaya, Tripura, and Mizoram. It allows for the creation of Autonomous District Councils (ADCs) and Regional Councils within these states. These councils function as robust mini-legislatures with substantial autonomy over local governance.
- Legislative and Judicial Powers: Unlike regular local bodies, ADCs possess extensive legislative powers. They can make laws regarding land allocation, forest management, agricultural practices, inheritance of property, marriage, and social customs. They also have the power to constitute village courts to try cases involving tribal communities based on customary law.
- Rationale for Separate Treatment: The constitutional framers recognized that the tribal populations in these four Northeastern states had not assimilated into the mainstream life of the state as much as tribes in central India. Therefore, the Sixth Schedule was crafted to preserve their deeply rooted distinct culture, customs, and traditional self-governing institutions.
π Constitutional Bodies β’ Election Commission
Q.15) Which Article of the Constitution establishes the Election Commission of India?
Ans > Article 324
- All-India Constitutional Body: Article 324 provides for the establishment of the Election Commission of India (ECI), an independent constitutional authority. It is an all-India body, meaning it is common to both the Central government and the State governments, ensuring uniformity in electoral processes.
- Scope of Electoral Authority: The Constitution vests in the ECI the absolute power of superintendence, direction, and control of elections. This includes conducting elections to the Parliament (Lok Sabha and Rajya Sabha), State Legislatures, and the high offices of the President and Vice-President of India.
- Composition and Independence: Originally a single-member body, the ECI became a multi-member body in 1989 and currently consists of a Chief Election Commissioner (CEC) and two other Election Commissioners. To ensure political neutrality, the CEC is granted security of tenure and can only be removed through a rigorous parliamentary impeachment process similar to a Supreme Court judge.
π Constitutional Bodies β’ UPSC/SPSC
Q.16) Which Article establishes the Union Public Service Commission (UPSC) and the State Public Service Commissions (SPSCs)?
Ans > Article 315
- Watchdogs of the Merit System: Article 315 forms the cornerstone of the bureaucratic framework in India by establishing the Union Public Service Commission (UPSC) for the central government and a State Public Service Commission (SPSC) for each state. These bodies are envisioned as the “watchdogs of the merit system” in India.
- Constitutional Protection: As constitutional bodies, the UPSC and SPSCs operate with a high degree of autonomy, independent of the executive branch. The Chairman and members are appointed by the President (for UPSC) and Governor (for SPSC), and their removal is strictly governed by the Constitution (only by the President after a Supreme Court inquiry), shielding them from political whims.
- Joint Public Service Commission (JPSC): Interestingly, while the Constitution directly creates the UPSC and SPSCs, Article 315 also allows two or more states to agree to have a Joint Public Service Commission (JPSC). Unlike the UPSC and SPSC, a JPSC is a statutory body created by an Act of Parliament, not a direct constitutional body.
π Constitutional Bodies β’ Finance Commission
Q.17) Which Article provides for the constitution of a Finance Commission every five years by the President?
Ans > Article 280
- Fiscal Federalism Mechanism: Article 280 outlines a quasi-judicial, constitutional body called the Finance Commission. It is a critical mechanism for maintaining fiscal federalism in India, ensuring that the central government shares its massive tax revenues equitably with the state governments.
- Composition and Appointment: The Commission is constituted by the President of India every fifth year, or earlier if deemed necessary. It consists of a Chairman and four other members whose qualifications and manner of selection are determined by Parliament. They are tasked with highly complex economic and financial analysis.
- Core Functions and Mandate: The primary duty of the Finance Commission is to recommend the distribution of the net proceeds of taxes between the Union and the States (vertical devolution) and the allocation between the respective States (horizontal devolution). It also recommends the principles governing grants-in-aid to states out of the Consolidated Fund of India.
π Constitutional Bodies β’ GST Council
Q.18) Article 279A, which established the Goods and Services Tax Council (GST Council), was added by which Amendment Act?
Ans > 101st Amendment Act (2016)
- Transforming Indirect Taxation: The 101st Constitutional Amendment Act of 2016 was a monumental economic reform that paved the way for the Goods and Services Tax (GST) regime. To administer this new nationwide tax structure, the amendment inserted Article 279A, which mandated the creation of the GST Council by the President.
- Composition of the Council: The GST Council is a unique joint forum representing both the Centre and the States. It is chaired by the Union Finance Minister and includes the Union Minister of State for Finance and the Ministers in charge of Finance or Taxation from every State government, ensuring cooperative federalism in tax policy.
- Voting Dynamics and Federal Balance: The voting structure within the Council is meticulously balanced. The Central Government’s vote holds a weight of one-third of the total votes cast, while the combined votes of all State Governments hold a weight of two-thirds. Any decision requires a heavily weighted three-fourths (75%) majority to pass, compelling consensus building.
π Commissions β’ NCSC
Q.19) Which Article establishes the National Commission for Scheduled Castes (NCSC)?
Ans > Article 338
- Evolution of the Commission: Originally, the Constitution merely provided for a Special Officer under Article 338 to investigate matters relating to constitutional safeguards for SCs and STs. Recognizing the need for a stronger body, the 65th Amendment Act (1990) created a multi-member National Commission for SCs and STs. Later, the 89th Amendment (2003) bifurcated it, leaving Article 338 strictly for the NCSC.
- Investigative and Monitoring Powers: The NCSC is tasked with monitoring and investigating all matters relating to the constitutional and legal safeguards provided for the Scheduled Castes. It acts as a primary watchdog, evaluating the working of these safeguards and advising both central and state governments on the socio-economic development of SCs.
- Civil Court Powers: To ensure its investigations have teeth, the Constitution grants the NCSC all the powers of a civil court trying a suit. It can summon and enforce the attendance of any person, require the discovery and production of documents, and receive evidence on affidavits regarding atrocities or deprivation of rights affecting Scheduled Castes.
π Commissions β’ NCST
Q.20) The National Commission for Scheduled Tribes (NCST) is established under which Article?
Ans > Article 338A
- Bifurcation of the Original Commission: The NCST was established via the 89th Constitutional Amendment Act of 2003, which bifurcated the previously combined National Commission for Scheduled Castes and Scheduled Tribes. This amendment inserted a new Article 338A, recognizing that the challenges faced by tribal populations are distinct from those faced by Scheduled Castes.
- Focus on Tribal Specific Issues: The NCST focuses specifically on tribal welfare, land alienation, cultural displacement, and the impact of developmental projects on forest-dwelling communities. It plays a crucial role in advising governments on policies related to the Fifth and Sixth Schedules, ensuring tribal voices are integrated into national planning.
- Composition and Consultation: The Commission consists of a Chairperson, a Vice-Chairperson, and three other Members appointed by the President. A vital constitutional requirement is that the Union and every State Government must consult the NCST on all major policy matters affecting Scheduled Tribes, cementing its role in policy formulation.
π Commissions β’ NCBC
Q.21) The National Commission for Backward Classes (NCBC) was conferred constitutional status under Article 338B by the:
Ans > 102nd Amendment Act (2018)
- Elevation to Constitutional Status: Prior to 2018, the NCBC was merely a statutory body created under an Act of Parliament in 1993. The 102nd Constitutional Amendment Act granted it full constitutional status by inserting Article 338B, elevating it to be on par with the NCSC and NCST in terms of authority and independence.
- Historical Background and Indra Sawhney Case: The original statutory NCBC was created in the aftermath of the landmark Indra Sawhney judgment (Mandal Commission case) of 1992, where the Supreme Court directed the government to create a permanent body to entertain and examine complaints of over-inclusion and under-inclusion in the lists of backward classes.
- Powers Analogous to NCSC/NCST: With its new constitutional mandate, the NCBC now has the authority to investigate the grievances and deprivation of rights of socially and educationally backward classes (SEBCs). Like its sister commissions, it possesses the powers of a civil court, ensuring rigorous investigation into discrimination or denial of reservation benefits.
π Constitutional Bodies β’ CAG
Q.22) Which Article provides for an independent office of the Comptroller and Auditor General (CAG) of India?
Ans > Article 148
- Guardian of the Public Purse: Article 148 of the Constitution establishes the office of the Comptroller and Auditor General of India. Dr. B.R. Ambedkar considered the CAG to be the most important officer under the Constitution, acting as the supreme guardian of the national public purse and ensuring that executive spending aligns with parliamentary laws.
- Stringent Independence Safeguards: To ensure the CAG can audit government accounts without fear or favor, the Constitution guarantees immense independence. The CAG is appointed by the President but can only be removed in the same complex manner as a judge of the Supreme Court. Furthermore, their administrative expenses are charged directly upon the Consolidated Fund of India.
- Relationship with Public Accounts Committee: The CAG audits the accounts related to all expenditures from the Consolidated Fund of India, the states, and union territories. The CAG submits audit reports to the President/Governor, which are then laid before Parliament/State Legislature. The CAG serves as a friend, philosopher, and guide to the Public Accounts Committee (PAC) of Parliament in examining these reports.
π Constitutional Bodies β’ Attorney General
Q.23) The Attorney General for India, the highest law officer in the country, is appointed under which Article?
Ans > Article 76
- Highest Legal Officer: Article 76 provides for the office of the Attorney General (AG) of India. The AG is the Chief Legal Advisor to the Government of India and its primary lawyer in the Supreme Court. They represent the Union Government in all complex constitutional and legal battles, providing crucial legal counsel to the executive.
- Qualifications and Appointment: The AG is appointed directly by the President of India. To hold this prestigious office, a person must be highly qualifiedβspecifically, they must possess the exact qualifications required to be appointed as a Judge of the Supreme Court (e.g., being a judge of a High Court for 5 years or an advocate of a High Court for 10 years).
- Rights and Privileges in Parliament: A unique constitutional provision grants the Attorney General the right to speak and take part in the proceedings of both Houses of Parliament or their joint sittings, and any parliamentary committee of which they are named a member. However, the AG does not have the right to vote in these proceedings.
π State Executive β’ Advocate General
Q.24) The Advocate General of the State is appointed by the Governor under which Article?
Ans > Article 165
- State-Level Counterpart to the AG: Article 165 creates the office of the Advocate General for each state. This office is the state-level equivalent of the Attorney General of India. The Advocate General serves as the highest law officer within the state machinery, advising the State Government upon legal matters referred to them by the Governor.
- Qualifications and Eligibility: The Advocate General is appointed by the Governor of the state. The individual appointed must satisfy the strict legal criteria required to be a judge of a High Court (i.e., must be a citizen of India and have held a judicial office in the territory of India for ten years, or have been an advocate of a High Court for ten years).
- Privileges in the State Legislature: Similar to the Attorney General at the center, the Advocate General enjoys specialized legislative privileges. They possess the constitutional right to attend, speak, and participate in the proceedings of the State Legislature (either house, if bicameral) and its committees, without possessing the right to vote.
π Non-Constitutional Bodies β’ NITI Aayog
Q.25) NITI Aayog is a non-constitutional and non-statutory body (created by an executive resolution). It was established on January 1 of which year?
Ans > 2015
- Replacement of the Planning Commission: NITI Aayog (National Institution for Transforming India) was established on January 1, 2015, via a Union Cabinet resolution. It was created to completely replace the 65-year-old Planning Commission, shifting India away from the Soviet-style, centralized, top-down five-year planning model.
- Cooperative Federalism Approach: The fundamental philosophy behind NITI Aayog is “cooperative federalism.” Unlike the Planning Commission, which dictated financial allocations to states, NITI Aayog recognizes that strong states make a strong nation. It actively involves State Chief Ministers in economic policy formulation through its Governing Council.
- Structure and Role as a Think Tank: NITI Aayog acts as the premier policy ‘think tank’ of the Government of India, providing both directional and policy inputs. It is chaired by the Prime Minister. It focuses on strategic, long-term policy formulation, technological upgrading, capacity building, and fostering competitive federalism through various indices (like the Health Index or Water Management Index).
π Statutory Bodies β’ NHRC
Q.26) The National Human Rights Commission (NHRC) is a statutory body established in the year 1993 under the:
Ans > Protection of Human Rights Act
- Paris Principles Alignment: The NHRC was established on October 12, 1993, under the Protection of Human Rights Act (PHRA), 1993. The creation of this statutory body was India’s response to international obligations, specifically aligning with the “Paris Principles” adopted by the UN General Assembly for the promotion and protection of human rights globally.
- High-Level Composition: The Commission is a multi-member body reflecting immense judicial weight. It is traditionally chaired by a retired Chief Justice of India or a Judge of the Supreme Court. The members include active or retired judicial figures and persons with profound knowledge and practical experience in matters relating to human rights.
- Investigative Mechanisms and Limitations: The NHRC possesses the powers of a civil court to investigate human rights violations, either suo motu (on its own) or via petitions. It can intervene in court proceedings involving human rights. However, its major limitation is that its recommendations are purely advisory; it cannot punish violators directly or award monetary relief forcibly.
π Statutory Bodies β’ CVC
Q.27) The Central Vigilance Commission (CVC) was set up in 1964 by an executive resolution and was given statutory status in which year?
Ans > 2003
- Genesis Based on Santhanam Committee: The CVC was initially conceptualized and established in February 1964. Its creation was the direct result of recommendations made by the Committee on Prevention of Corruption, headed by Shri K. Santhanam, to advise and guide Central Government agencies in the field of vigilance and anti-corruption.
- Transition to Statutory Status: For decades, the CVC operated purely as an advisory body created by executive order. However, following the Supreme Court’s landmark judgment in the Vineet Narain case (which sought to free the CBI from political control), the government promulgated an ordinance in 1998, which culminated in the CVC Act of 2003, granting it formal statutory status.
- Apex Integrity Institution: Today, the CVC acts as the apex vigilance institution in India, free of control from any executive authority. It monitors all vigilance activity under the Central Government, exercises superintendence over the CBI for corruption cases, and acts as the designated agency to receive written complaints for disclosure under the Whistle Blower Resolution.
π Schedules β’ Anti-Defection Law
Q.28) The Anti-Defection Law, added by the 52nd Amendment Act (1985), is contained in which Schedule of the Constitution?
Ans > Tenth Schedule
- Combating Political Opportunism: The Tenth Schedule, popularly known as the Anti-Defection Law, was inserted into the Constitution in 1985 to combat the notorious “Aaya Ram Gaya Ram” culture in Indian politics. It sought to stabilize governments by preventing elected legislators from switching political parties for personal gain or ministerial berths.
- Criteria for Disqualification: The schedule lays down strict grounds for disqualification. An MP or MLA can be disqualified if they voluntarily give up the membership of their political party, or if they vote (or abstain from voting) in the legislature contrary to the directions (whip) issued by their political party without prior permission.
- Exemptions and the Presiding Officer: The law originally allowed “splits” if one-third of the members left, but the 91st Amendment (2003) removed this. Currently, an exemption is only granted in the case of a “merger” where at least two-thirds of the legislative party agrees to merge with another party. The final authority to decide on disqualification rests with the Presiding Officer (Speaker/Chairman) of the respective House.
π Schedules β’ Official Languages
Q.29) Which Schedule of the Constitution lists the official languages recognized by the Constitution?
Ans > Eighth Schedule
- Linguistic Diversity Representation: The Eighth Schedule of the Indian Constitution catalogs the official languages of the Republic of India. Article 344(1) and 351 of the Constitution mandate the promotion of these languages and their use in official capacities, reflecting the nation’s profound linguistic diversity and cultural plurality.
- Evolution of the Schedule: When the Constitution was enacted in 1950, the Eighth Schedule initially recognized only 14 languages. Over the decades, through various Constitutional Amendments (specifically the 21st, 71st, and 92nd Amendments), more languages were incorporated to accommodate regional aspirations and linguistic identities.
- Current Count of Languages: Today, the Eighth Schedule proudly recognizes exactly 22 official languages. These include prominent languages like Hindi, Bengali, Telugu, and Marathi, as well as historically significant languages like Sanskrit and regional identifiers like Bodo, Dogri, Maithili, and Santhali (added in 2003). Note that English is not included in this schedule.
π Schedules β’ Land Reforms
Q.30) Which Schedule of the Constitution contains Acts and Regulations dealing with land reforms and the abolition of the zamindari system to protect them from judicial scrutiny?
Ans > Ninth Schedule
- First Constitutional Amendment: The Ninth Schedule was introduced by the very first Constitutional Amendment Act in 1951, spearheaded by Prime Minister Jawaharlal Nehru. It was necessitated because the newly independent state’s land reform legislations (aimed at redistributing land from zamindars to landless peasants) were repeatedly being struck down by courts for violating the fundamental right to property (Article 31).
- Shield Against Judicial Review: The schedule operates in conjunction with Article 31B. The core legal mechanism is that any law, act, or regulation placed inside the Ninth Schedule becomes totally immune to judicial review. Essentially, a law placed here cannot be challenged in any court on the grounds that it violates any Fundamental Right enshrined in Part III of the Constitution.
- The I.R. Coelho Judgment (2007): While the schedule originally held only 13 agrarian laws, it expanded to include 284 acts over time, some of which had nothing to do with land reforms (like Tamil Nadu’s 69% reservation act). In 2007, the Supreme Court ruled in the I.R. Coelho case that the Ninth Schedule is not an absolute “blanket shield.” Laws placed in it after April 24, 1973 (the date of the Kesavananda Bharati judgment regarding the ‘Basic Structure’ doctrine) are open to judicial review if they violate the basic structure of the Constitution.
π Quick Summary β Polity Set 88
- Panchayats: Added to Part IX of the Constitution by the 73rd Amendment Act (1992).
- Municipalities: Added to Part IX-A by the 74th Amendment Act (1992).
- Co-operative Societies: Part IX-B was added by the 97th Amendment Act (2011).
- Balwant Rai Mehta Committee: Appointed in 1957, recommended a three-tier Panchayati Raj system.
- Ashok Mehta Committee: Appointed in 1977, recommended a two-tier system of Panchayati Raj.
- Eleventh Schedule: Contains 29 functional items specifying powers and responsibilities of Panchayats.
- Twelfth Schedule: Contains 18 functional items specifying powers and responsibilities of Municipalities.
- Panchayat Reservations: Article 243D mandates not less than one-third of seats reserved for women.
- Panchayat Elections: Article 243K vests election control in the State Election Commission.
- Union Territories: Part VIII (Articles 239 to 241) of the Constitution deals with UTs.
- UT Administrators: In Delhi, Puducherry, and Andaman & Nicobar, they are designated as Lieutenant Governors.
- NCT of Delhi: The 69th Amendment Act (1991) designated Delhi as the National Capital Territory.
- Fifth Schedule: Deals with Scheduled Areas/Tribes EXCEPT in Assam, Meghalaya, Tripura, and Mizoram.
- Sixth Schedule: Administers tribal areas (autonomous districts) in Assam, Meghalaya, Tripura, and Mizoram.
- Election Commission: Established under Article 324 of the Constitution.
- UPSC and SPSCs: Established under Article 315.
- Finance Commission: Constituted every five years by the President under Article 280.
- GST Council: Article 279A was added by the 101st Amendment Act (2016).
- NCSC: The National Commission for Scheduled Castes is established under Article 338.
- NCST: The National Commission for Scheduled Tribes is established under Article 338A.
- NCBC: Conferred constitutional status under Article 338B by the 102nd Amendment Act (2018).
- CAG of India: An independent office established under Article 148.
- Attorney General: The highest law officer in the country, appointed under Article 76.
- Advocate General: Appointed by the State Governor under Article 165.
- NITI Aayog: Established on January 1, 2015, replacing the Planning Commission.
- NHRC: A statutory body established in 1993 under the Protection of Human Rights Act.
- CVC: Set up in 1964 and granted statutory status in 2003.
- Anti-Defection Law: Added by the 52nd Amendment Act (1985) and contained in the Tenth Schedule.
- Official Languages: The Eighth Schedule lists the 22 recognized official languages.
- Land Reforms: The Ninth Schedule contains Acts protecting land reforms from judicial scrutiny.
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