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Answer: Three
Part XVIII (Articles 352-360) contains three types of Emergency: (1) National Emergency under Article 352 (war, external aggression, armed rebellion), (2) State Emergency/President's Rule under Article 356 (failure of constitutional machinery in State), (3) Financial Emergency under Article 360 (threat to financial stability/credit of India).
Answer: They operate independently to ensure integrity, merit, accountability, and equity in governance
Constitutional bodies are designed as independent institutions to: (a) EC: Ensure free/fair elections (integrity), (b) UPSC: Ensure merit-based recruitment (merit), (c) CAG: Ensure financial accountability (accountability), (d) FC: Ensure equitable resource distribution (equity). Their independence (appointment, removal, finances) shields them from political pressure, strengthening democratic governance. They complement, not replace, elected institutions.
Answer: 2011
15th FC used 2011 census for population criterion (weight: 15%), while earlier FCs used 1971 census to avoid penalizing States that controlled population growth. Shift to 2011 data reflects demographic reality but raised concerns among high-fertility States. FC balanced this by giving weight to demographic performance (effort to control population) as separate criterion.
Answer: False
No constitutional body is immune from judicial review. Supreme Court/High Courts can examine: (a) Procedural fairness (natural justice), (b) Jurisdictional errors, (c) Violation of fundamental rights, (d) Arbitrariness/unreasonableness. However, courts show deference to technical/expert decisions (e.g., EC's poll schedule, UPSC's exam standards) unless manifestly illegal. Balances institutional autonomy with constitutional accountability.
Answer: Simultaneous elections to Lok Sabha and State Assemblies
EC has recommended simultaneous elections ('One Nation, One Election') to reduce costs, policy paralysis, and populist measures. However, it requires constitutional amendment (Articles 83, 172) and political consensus; not yet implemented. EVMs (1998), VVPAT (2013), NOTA (2013, SC judgment) were implemented based on EC recommendations/SC directions.
Answer: Comptroller and Auditor General
CAG (Duties, Powers and Conditions of Service) Act, 1971: Defines CAG's audit mandate: (a) Union/State accounts, (b) Bodies substantially financed by government funds, (c) Grants/loans to other bodies. Includes compliance, financial, and performance audits. Empowers CAG to access records, summon officials, ensuring comprehensive financial oversight.
Answer: False
Article 320(3): UPSC's advice is not binding; government may accept/reject it. However, if government rejects advice, it must record reasons and place them before Parliament/State Legislature (Article 320(5)). This ensures transparency and accountability while preserving executive's final decision-making authority. Balances merit-based recommendations with administrative flexibility.
Answer: Governor
Article 316(1): SPSC Chairman and members appointed by Governor. However, removal conditions same as UPSC: President can remove on Supreme Court inquiry report for misbehaviour. Ensures SPSC independence from State executive while maintaining accountability. SPSC advises State government on recruitment, promotions, disciplinary matters.
Answer: High Court
Article 243K(2): State Election Commissioner's removal conditions same as High Court Judge (Article 217): Presidential order after Parliament address with special majority. Ensures independence of State Election Commission from State executive, enabling impartial conduct of local elections. Critical for democratic decentralization at grassroots.
Answer: False
Article 148(4): CAG, after ceasing office, is not eligible for further appointment under Union or State Government. Similar restrictions for CEC (no post-tenure government employment) and UPSC members (limited exceptions). Prevents conflict of interest and ensures members act independently without expectation of post-tenure rewards.
Answer: Expenses charged on Consolidated Fund
Common safeguards for independence: (a) Expenses charged on Consolidated Fund (Articles 322, 148, 324), (b) Removal only via special Parliamentary procedure (like SC Judge), (c) Fixed tenure (CEC: 6 years/65 years; UPSC: 6 years/65; CAG: 6 years/65), (d) Post-tenure restrictions on employment. These insulate constitutional bodies from executive pressure.
Answer: both horizontal and vertical
Article 280(3): FC recommends: (a) Vertical devolution: share of Union taxes to States (e.g., 41% by 15th FC), (b) Horizontal devolution: distribution among States using criteria like population (1971/2011), area, forest cover, income distance, demographic performance. Balances equity (needier States get more) and efficiency (rewarding reforms).
Answer: False
Article 280(3): Finance Commission recommendations are advisory, not binding. However, by convention and political consensus, most recommendations are accepted. President lays FC report before Parliament with action-taken report. States often lobby for favorable devolution. FC's moral authority and technical expertise ensure significant influence on fiscal policy.
Answer: 4
Article 280(1): Finance Commission comprises Chairman + 4 members appointed by President. Qualifications: expertise in public affairs, finance, economics, administration, law. Constituted every 5 years (or earlier) to recommend: (a) tax devolution between Centre-States, (b) grants-in-aid, (c) Panchayat/Municipality fund augmentation. Key institution for fiscal federalism.
Answer: President
Article 151(1): CAG reports on Union accounts submitted to President, who lays them before Parliament. Article 151(2): Reports on State accounts submitted to Governor, laid before State Legislature. Public Accounts Committee (PAC) examines CAG reports to ensure executive accountability for public expenditure. Critical for legislative financial oversight.
Answer: False
Article 149: CAG audits: (a) Union Government accounts, (b) State Government accounts, (c) Bodies substantially financed by Union/State funds (as Parliament/State Legislature may prescribe). CAG reports on Union accounts submitted to President (laid before Parliament); on State accounts to Governor (laid before State Legislature). Ensures financial accountability at all levels.
Answer: Supreme Court Judge
Article 148(1): CAG appointed by President. Article 148(1) proviso: CAG can be removed only like Supreme Court Judge (Article 124): Presidential order after Parliament address with special majority on grounds of proved misbehaviour/incapacity. Ensures CAG's independence to audit government accounts without fear or favour.
Answer: Supreme Court
Article 317: UPSC member can be removed by President on grounds of: (a) insolvency, (b) engaging in paid employment outside duties, (c) infirmity of mind/body, (d) misbehaviour. For misbehaviour, President must refer matter to Supreme Court; removal only if SC upholds charges after inquiry. Ensures due process and protects members from arbitrary removal.
Answer: True
Article 322: UPSC expenses charged on Consolidated Fund of India (not subject to annual parliamentary vote). Similar provision for State PSCs (Article 322). Financial insulation protects UPSC from executive pressure, ensuring impartial conduct of recruitment and advisory functions. Critical for merit-based civil services.
Answer: Appointing officers to All India Services
Article 320: UPSC functions include: (a) Conduct exams for Union services, (b) Advise on appointments, promotions, transfers, disciplinary matters, (c) Advise on suitability of candidates. However, appointments to All India Services (IAS, IPS, IFoS) are made by President; UPSC only conducts exams and recommends candidates. Executive makes final appointments.