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* Constitution confers certain immunities to the

“> 1)- President of India and SGerremmag gh states with regard to their
“a)-Official acts and

b)-Personal acts.
* 2)- Ministers-Constitution does not grant any immunity to the ministers for their
official acts

* 3- Judicial Officers-Judicial officers enjoy immunity from any liability in


respect of their
official acts and hence, cannot be sued-Judicial Officers Protection Act (1850)
lays down that,
‘no judge, magistrate, justice of peace, collector or other person acting
judicially shall be liable
to be sued in any civil court for any act done by him in the discharge of his
official duty

* 4)- Civil Servants- Civil servant who made a contract in his official capacity is
not personally
liable in respect of that contract but it is the government (Central or state) that
is liable for the
contract.
Article

Subject-matter
Succession to property, assets, rights, liabilities and obligations
in certain cases

Succession to property, assets, rights, liabilities and obligations


in other cases

Property accruing by escheat or lapse or as bona vacantfia

Things of value within territorial waters or continental shelf and


resources of the exclusive economic zone to vest in the Union

Power to carry on trade, etc.


Contracts
Suits and proceedings

Protection (immunities) of President and Governors


NATIONAL
TTS i
ae DD

Bale
Juss
© Special Officer for Linguistic Minorities

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‘* Originally-> Constitution-> Not provision Special Officer for Linguistic


Minorities.

“ States Reorganisation Commission (1953-55) made a recommendation in this regard.

“ Seventh Constitutional Amendment Act of 1956 inserted a new Article 350-B in Part
XVII

“ Contains-> following provisions

* 1)- Should be a Special Officer for Linguistic Minorities-> Appointed by


President

* 2)- Dutyof Special Officer to investigate all matters relating to the safeguards
provided for
linguistic minorities under the Constitution3.

* 3)- Report -> President upon those matters at such intervals as the President may
direct.

* President should place all such reports before each House of Parliament and send
to the
fovernments of the states concerned.

» Constitution does not specify 1)-Qualifications, 2)-Tenure, 3)-Salaries and 4)-


Allowances,
5)-Service conditions 6)- Procedure for removal-> Special Officer for Linguistic
Minorities
inguistic & Religious Minority

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inguistic Minority is a group of people whose mother tongue is different from that
of the
majority in the state or part of a state.
* Linguistic minorities are determined on a state wise basis.
* National Commission for Religious and Linguistic Minorities, also called as
Ranganath
Misra Commission was constituted by Government on 29 October 2004

* To look into various issues related to Linguistic and Religious minorities in


India.

“ Six religious communities- Muslims, Christians, Buddhists, Sikhs, Zoroastrians


(Parsis)
and Jains have been notified as minority communities under Section 2(c) of the
National
Commission for Minorities Act, 1992.

“ It was chaired by former Chief Justice of India Justice Ranganath Misra.

“ The commission submitted the report to the Government on 21 May 2007

“ Ranganath Misra-21" Chief Justice of India-1990 to 24 November 1991.

“* He was also the first chairman of National Human Rights Commission of India.

“* Member of Parliament in Rajya Sabha from the Congress Party between 1998-2004.
India

States and Union Territories

© State Capital
® Usion Territory Capital
Provision of Article 350-B of Constitution office of Special Officer for Linguistic
Minorities was created in 1957 ->Commissioner for Linguistic Minorities.
Commissioner has his headquarters at Allahabad (Uttar Pradesh).

He has three regional offices at

1)-Belgaum (Karnataka),

2)-Chennai (Tamil Nadu)

3)-Kolkata (West Bengal).

Each is headed by an Assistant Commissioner.

Commissioner is assisted at headquarters by

1)-Deputy Commissioner and

2)-An Assistant Commissioner,

He maintains liaison(WA Wa) with the State Governments and Union Territories

At the Central level, the Commissioner falls under the Ministry of Minority
Affairs.

Hence, he submits annual reports or other reports to President through Union


Minority Affairs

* - * *
_* md 1d 4

* *
a md

*
*
Functions
1. To investigate al! matters related to safeguards provided to the
linguistic minorities
2. To submit to President of India, the reports on the status of

implementation of the Constitutional and the nationally agreed


safeguards for the linguistic minorities

3. To monitor implementation of safeguards through questionnaires,


visits, conferences, seminars, meetings, review mechanism, etc
Jbyectives

* Objectives

* 1. To provide equ portunities to the linguistic minorities for

“ A)-Inclusive ee and

“+ B)-National integration

* 2. Tospread awareness amongst linguistic minorities about the safeguards


available to them

* 3. Toensure effective implementation of safeguards provided for the linguistic


minorities in
the Constitution and other safeguards, which are agreed to by the states / U.T.s

* 4. To handle the representations for redress of grievances related to the


safeguards for
linguistic minorities
(B=

What are functions of Special Officer for Linguistic Minorities?

1) Investigate all matters related to safeguards provided to the linguistic


minorities.

2) Spread awareness amongst the linguistic minorities about the safeguards


available to them.

3) Ensure effective implementation of the safeguards provided for the linguistic


minorities.

a. 2

b. 1, 2

C. 23

d. All of the above


| (y -\0\

Whatare functions of Special Officer for Linguistic Minorities?


_1) Investigate all matters related to safeguards provided to the linguistic
_- minorities.

<2) Spread awareness amongst the linguistic minorities about the safeguards
~ available to them.

3yEnsure effective implementation of the safeguards provided for the linguistic


_ minorities.
a. 2

b. 1, 2

c..2.3
de All of the above
r

- Which of the following is/are true?


1) The original constitution made the provision for special officer for
linguistic minorities which was amended later.
2) The commissioner for linguistic minorities has his headquarters at
Allahabad.

a
_

a. Only!

b. Only 2

c. Both1 and 2
d. Neither 1 nor 2
Lf
| i

Which of the following is/are true?


i) The orfginaltonstitution made the provisionfors

—— a
ecial officer aN

linguisticminorities which was amended later =


2) The commissioner for linguistic minorities has his headquarters at

habad=? =>
aang 2 O 7)

Inly 2

c. Both 1 and 2”
d. Neither 1 nor 2
Which of the following are special provisions mentioned in the Constitution
relating to certain classes?

1) Commission to investigate the conditions of backward classes.

2) Permanently reservation of certain posts for Anglo-Indians in Union


services,

3) Representation for Anglo-Indians in Lok Sabha.

4) National Commission for SCs.

a.3,4

b. 1, 3, 4

c.1,2,3
d. All of the above
Which of the following are special previ isions mentioned i in 2 Constitution

relating to certain classes?

1) Commission.to investigate the conditions of hackward Jae


2) Permaneénth Tesery ation of certain posts for Ang slo-Indians in n Unigk)

services.

3) resentation for Anglo-Indians in Lok Sabha.


4) National Commission for SCs.

34h,
ba. 3.4

C. 1, 2, 34
d. All of the abou
Article 280- Quasi Judicial

Earlier time
Every as he
fifth year considers
necessary

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me

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* Article 280 of Constitution- Provides for a Finance Commission as a quasi


judicial body.
* It is constituted by president
omposition

Appointed by the president.

«Hold office -period as


specified by president.

‘Eligible for reappointment


me

« Jualifications

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* Parliament has specified- Qualifications of chairman and members of the


commission.

* Chairman should be a person having experience in public affairs and four other
members should be selected from amongst the following:

* 1. Ajudge of high court or one qualified to be appointed as one.

. A person who has specialised knowledge of finance and accounts of government.

* 3.A person who has wide experience in financial matters and in administration.

-
It

I
* 4.Aperson who has special knowledge of economics.
Inance COMMISSION |

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“ Make recommendations to president of India on following matters

1. Distribution of taxes to be shared between the Centre and the states.

“> 2. The principles that should govern the grants-in-aid(@elal 4 Aah) to the
states by the
Centre (i.e., out of consolidated fund of India),

“* 3. Measures needed to augment consolidated fund of a state to supplement


resources of

panchayats and municipalities in state on basis of recommendations made by state


finance

commission,

“* 4. Any other matter referred to it by president in interests of sound finance

¥ Commission submits its report to president.


¥ He lays it before both Houses of Parliament
¥ It is nowhere laid down in Constitution that recommendations of commission shall
be

binding upon Government of India


IN
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Lowel '

Finance commission as the balancing wheel of fiscal federalism in India.

Role in the Centre-state fiscal relations has been undermined by the emergence of
the
Planning Commission, a non-constitutional and a non-statutory body.

In Article 275 to grants-in-aid- revenues of states is not confined to revenue


expenditure only.
Five Year Plan as prepared by the Planning Commission

While the principles governing the distribution of the plan grants will be set out
by the
Finance Commission, the application of these principles from year to year will be
left to
the Planning Commission and the Government.
Finance Commission Year of Establishment Chairman Operational Duration
Firs! 1951 K. C. Neogy 1952-57
Second 1956 K. Santhanam 1957-62
Third 1960 A K. Chanda 1962-66
Fourth 1964 P. V. Rajamannar 1966-69
Fifth 1968 Mahaveer Tyagi 1969-74
Sixth 19F2 K. Brahmananda Reddy 1974-79
Seventh ig?? J. M. Shelat 1979-84
Eighth 1983 Y. B. Chavan 1984-89
Ninth 1887 NW. K.P Salve 1969-95
Tenth 1992 K. C. Pant 1995—2000
Eleventh 1 oO8 A MM. Kuso 2000—27005
Twelfth 2002 C. Rangarajan 2005-2010
Thirteenth 2007 Dr. Vijay L. Kelkar 2010—27015
~ Fourteenthi4 (2013 Dr. 'Y. V Reddy 2015-2020

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¥14'" Commissions-> Most recent was constituted


in 2013 and is chaired by Y. V. Reddy, former
Governor of the Reserve Bank of India.

¥ Share of states in the net proceeds of shareable

Central taxes should be 42%.


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Memorandum of Understanding(MOU)

" Amemorandum of understanding (MOU) is a legal document describing a


bilateral agreement between parties.
itexpresses a convergence of will between the parties, indicating an intended
common line of action, rather than a legal commitment.

_ [tis a more formal alternative to a gentlemen's agreement, but generally lacks


the bind power of a contract.
MOU is the first step of mutual understanding between two parties and will
include general points
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Memorandum of Agreement(MOA) ) = |.
-

¥ Amemorandum of ie (MOA) or cooperative agreementis a document


written between parties to cooperatively work together on an agreed upon project
ormeetan 2 Sci upon objective.

¥ The purpose of an MOAis to have a written understanding of the agreement

between parties.
¥ The MOA can also be a legal document thatis binding and hold the parties

responsible to their commitmentor justa partnership agreement.


¥ MOAwill be generated when two parties review more details and are serious to

startany action along with their agreement


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**Constitution of India- Federal in Nature


** Divide all power between-> Financial, Executive &

Legislature -> Between Centre & State


“*Integrated Judicial
——,
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Centre and states are supreme in their respective fields _
“*Maximum harmony and coordination between them is
essential for effective operation of federal system.
“Constitution contains elaborate provisions to regulate
various dimensions of relations between Centre and states.
“*Centre- State relations can be studied under three heads:
Legislative relations.
* Administrative relations.
- Financial relations.

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“Articles b45)to 255-> Part XI of Constitution deal-> Legislative


relations between Centre and states
“*Centre—states legislative relations->
- Territorial extent of Central and state legislation;
- Distribution of legislative subjects;
¢ Parliamentary legislation in the state field;
- Centre’s contro! over state legislation.
° Territorial)extent of Central and state legislation;
Y Parliament can make laws for the whole or any part of

the territory of India

Y State legislature can make laws for the whole or any


part of the state

Y Parliament alone can make ‘extra-territorial legislation’


“* President can make regulations

¢¢ Direct that an act of Parliament does not apply toa


scheduled area

¢* Parliament does not apply to a tribal area


* Distribution of legislative subjects; Seventh Schedule: )
v List-! (Union List)-Present 100 subjects (originally 97)
Y List-II (State List)-> present 61 subjects (originally 66)
Y List-III (Concurrent List)-52 subjects (originally 47) ~~
V Residuary subjects -> vested in the Parliament.

¥ US-> Residuary powers are left to the states

ad

¥ Canada-> Residuary powers are vested in the Centre.

¥ Government of India (Gol) Act of 1935->Three-fold


emumenration, viz., Federal, Provincial and Concurrent.

V Residuary powers were given neither to the federal legislature

Y Governor-general of India-> India follows Canadian precedent

Y Union List over State List ->Exception- Reserved for Consideration President
- Parliamentary legislation in the state field;
?

1)- When Rajya Sabha Passes a Resolution


2)- During a National Emergency
3)- When States Make a Request

4)- To Implement International Agreements


5)- During President’s Rule
- Centre’s control over state legislation. += —
Constitution empowers Centre to exercise control over the
state's legislative matters

¥Y Governor can reserve certain types of bills

Y Bills on certain matters in the State List->Introduced

state legislature only previous sanction of the president.


(Example-> Bills imposing restrictions on freedom of
trade and commerce)

v President can direct the states to reserve money bills and


other financial bills passed by the state legislature for his
consideration during a financial emergenc
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SArticles 256 to 263- > Part XI of Constitution deal with

administrative relations between Centre and states.


** Distribution of Executive Powers

a y' rare 6 os — Other!!!

**Centre’s Directions to the States

**Mutual Delegation of Functions

“* Cooperation Between the Centre and States


=
&

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All-India Services —> =a -vj\—7


“+ Public Service Commissions
Integrated Judicial System
**Relations During Emergencies

** Extra-Constitutional Devices
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nny,
“Articles 045)t0@55)> (Part XI of Constitution deal-> Legislative

relations between Centre and states

APistribution of legislative subjects;


~Parliamentary legislation in the state field;

“*Centre-states legislative relations->


“Territorial extent of Central and state legislation; bo
_Centre’s control over state legislation.
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&Articles268t0G9 3>> Part XU of Constitution deal


with Centre-state financial relations. | *

“+ Allocation of Taxing Powers

** Distribution of Tax Revenues

** Distribution of Non-tax Revenues


**Grants-in-Aid to the States

** Finance Commission
tied

@)

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“eo Protection of the States’ Interest

** Borrowing by the Centre and the States

“+ [nter-Governmental Tax Immunities


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» TRENDS IN CENTRE-STATE RELATIONS

>|)
tate Relations

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ension Areas in Centre-

** (1) Mode of appointment and dismissal of governor;


“+ (2) Discriminatory and partisan role ofgovernors;? ~ xa
** (3) Imposition of President's Rule for partisan interests; -

** (4) Deployment of Central forces in the states to maintain law and onde
** (5) Reservation of state bills for the consideration of the President;

** (6) Discrimination in financial allocations to the states;

“* (7) Role of Planning Commission in approving state projects;

** (8) Management of All-India Services (LAS, IPS, and IFS);

** (9g) Use of electronic media for political purposes;

** (10) Appointment of enquiry commissions against the chief ministers;

* (11) Sharing of finances (between Centre and states); and

** (12) Encroachment by the Centre on the State List.


Administrative Reforms Commission-1966
a* . mmittee- 1969

Punchhi Commission-2007
@)

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- .. a
Administrative Reforms Commission- 1966

Rajamannar Committee-1969
Anandpur Sahib Resolution-1973
West Bengal Memorandum- 1977
Sarkaria Commission- 1983
Punchhi Commission- 2007
“+ Six-member ARC- o6i nder -> " Chaliaapahip f Morarii D Desai (followed bp K
Hanumant-hayya)-> Report Submitted 1969.

** Examination of Centre-State relations->ARC constituted a study team under M C


Setalvad.

“* lmp. Recommendations for improving Centre-state relations.

Y Establishment of Inter-State Council under Article 263 of the Constitution

Y Appointment of persons having long experience in public life and administration


and nonpartisan attitude as governors.

Y Transferring of more financial resources to the states.

Y Reduce their dependency upon the Centre.

¥ Deployment of Central armed forces in states either on their request or


otherwise.

* No action was taken by the Central government on recommendations of the ARC.


** 1969->Tamil Nadu Government ->3- _member committee- seinen of Dr P V Rajamannar
“* Examine the Centre-state relations & Suggest amendments to the Constitution so
as
* Secure utmost autonomy to the states.

“* Committee submitted its report to Tamil Nadu Government in 1971.

+ Committee identified reasons for prevailing unitary trends (tendencies of


centralisation) in
_ country.

¥ Certain provisions in Constitution which confer special powers on Centre;

v -party rule both at Centre and in states;

¥ Inadequacy of states’ fiscal resources and

“ Dependence on Centre for financial assistance; and

Y Institution of Central planning and role of the Planning Commission.

L
** The important recommendations of the committee are as follows:

v Inter-State Council should be set up immediately;

v Finance Commission should be made 4 permanent body/

¥ Planning Commission -> disbanded and its place should be taken by a statutory
body;
v Articles 356, 357 and 365 (dealing with President's Rule) should be totally
omitted;

v Provision-> state ministry holds office during pleasure of governor should be


omitted;

Y Certainsubjects of Union List and Concurrent List should be transferred to State


List;

Y Residuary powers should be allocated to states; and

¥ All-India services (IAS, IPS and IFS) should be abolished.

“** Central government completely ignored recommendations of Rajamannar


Committee.
“* 1973-> Akali Dal adopted a resolution containing both political and religious
demands in a meeting held at Anandpur Sahib in Punjab. 7”

** Resolution, generally known as Anandpur Sahib

“* Demanded that the Centre's jurisdiction should be restricted only to

¥1)- Defence,

¥ 2)- Foreign affairs,

¥ 3- Communications, and

¥ 4)- Currency and

v 5)- Entire residuary powers should be vested in the states.

Y 6)- It stated that Constitution should be made federal in the real sense and

¥ 7)- Should ensure equal authority and representation to all states at the Centre.
© West Bengal Memorandum
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(i977, West Peni Government published a memorandum on Centre= state re ati ions and
sent
toێntral > Bega Gov
“> Suggested the following:
¥ Word ‘union’ in Constitution should be replaced by word ‘federal’;
¥ jurisdiction of the Centre should be confined to defence, foreign affairs,
currency,
communications and eCONoMmic c o-ordinat lon,
All other subjects including residuary should be vested in states;
Articles 356 and 357 (President's Rule) and 360 (financial emergency) should be
repealed;
State's consent should be made obligatory for formation of new states or
reorganisation
of existing states;
Of the total revenue raised by Centre from all sources, 75 per cent should be
allocated to states
Rajya Sabha should have equal powers with that of the Lok Sabha; and
There should be only Central and state services and all-India services should be
abolished.
* Central government did not accept the demands made in the memorandum.
——e

mcd

Co mmissior er

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* 1983, Central government appointed a 3-member Commission on Centre-state
relations
* Examine and review working of existing arrangements between the Centre and states
in all
spheres and recommend appropriate changes and measures.
It was initially given one year to complete its work, but its term was extended
four times.
Final report was submitted in October 1987.
Did not favour structural changes and regarded existing constitutional arrangements
Emphasised on the need for changes in the functional or operational aspects
Made 247 recommendations to improve Centre-state relations.
Permanent Inter-State Council called |nter-Governmental Council set up under
Article 263
Article 356 (President's Rule) should be used very sparingly, in extreme cases as a
last resort

-
°

* * *
7. al +"

. 4

when all the available alternatives fail.


Institution of All-India Services should be further strengthened and some more such

services should be created.


Autonomy for radio and television
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Residuary powers of taxation should continue to remain with Parliament, while other
residuary
—__

powers should be placed in Concurrent List.


National Development Council (NOC) should be renamed and reconstituted as National
I

Economic and Development Council (NEDC).

Promote the spirit of federalism

Centre should have powers to deploy its armed forces, even without the consent of
states.
Centre should consult the states before making a law on a subject of the Concurrent
List.
Procedure of consulting chief minister in the appointment of state governor should
be
prescribed in Constitution itself.

Governor's term of five years in a state should not be disturbed except for some
extremely
compelling reasons.

Inter-State Council in 1990

When president with holds his assent to the state bills, reasons should be
communicated to
state government.
D4

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“ Second commission on Centre-State Relations was set-up by Government of India in


April
2007 under the Chairmanship of Madan Mohan Punchhi, former Chief Justice of India.

* Keeping in view sea-changes that have taken place in polity and economy of India
since
Sarkaria Commission had last looked at issue of Centre-State relations over two
decades ago,

“* Commission was required to keep in view social and economic developments

** Submitted its report to the government in April 2010

“** Commission made over 310 recommendations-> Working of Centre-state relations.

“* Commission took extensive help from Sarkaria Commission

v Effective implementation ofthe laws on List II subjects- broad agreement is


reached between
Union and states

¥ While selecting Governors

“ He should be eminent in some walk of life, outside the state & who has not taken
too great a
part in politics- recent past

¥ Should be given a fixed tenure of five years- Impeachment of Governors


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¥ On the question of Governor's role in appointment of Chief Minister in case of 4p


huhg )

ee necessary to lay down certain clear guidelines to be followed as Constitutional


conventions,

Y¥ Question of invoking Article 356 - S.R. Bommai V. Union of India (1994) .


¥ Finance Commission division in Ministry of Finance should be converted into a
full fledged
department
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Four
CAG Constitutional ECI

Watchdog

UPSC
Article No. Subject-matter

148. Comptroller and Auditor-General of India


149. Duties and powers of the Comptroller and Auditor-General

150, Form of accounts of the Union and of the States

[5]. Audit reports


& omptrolier & Auditor General of India
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“* Constitution of India (Article 148)


“ Independent office of the Comptroller and Auditor General of India (CAG).
“* He is the head of the Indian Audit and Accounts Department.
* 1)-Guardian of the public purse
* 2)-Controls the entire financial system of the country at both the levels
a)- Centre
b)- State
** Duty is to uphold Constitution and laws of Parliament in the field of financial
administration.
“ This is the reason why Dr B R Ambedkar said -> CAG -> Important Officer under the
Constitution of India.
By the president-Oath or affirmation:

1. To bear true faith and allegiance(fIgn to the Constitution

2. To uphold the sovereignty and integrity

3. To duly and faithfully and to the best of his ability, knowledge and judgement
perform the
duties of his office without fear or favour, affection or ill-will; and

4. To uphold(@Td4 Waal) the Constitution and the laws.

He holds office for a period of six years or upto the age of 65 years

He can resign any time from his office by addressing the resignation letter to
president.
Can also be removed by president on same grounds and in same manner as a judge of
Supreme Court.

OR-> He can be removed by the president on basis of a resolution passed to that


effect by both
the Houses of Parliament with special majority, either on the ground of proved

misbehaviour or incapacity
© ndependence o
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Security of Tenure

Not eligible for further office, either under

* 1)- Government of India or

* 2)- Of any state Government

> Salary and other service conditions are determined by the Parliament.

** His salary is equal to that of a judge of the Supreme Court

“* Neither his salary nor his rights in respect of leave of absence, pension or age
of retirement
can be altered to his disadvantage after his appointment.

“ Conditions of service of persons serving in Indian Audit & Accounts Department


and
administrative powers of CAG are prescribed by president after consultation with
CAG.

“* Administrative expenses of the office of CAG, including all salaries, allowances


and
pensions of persons serving in that office are charged upon Consolidated Fund of
India

* No minister can represent CAG in Parliament (both Houses) and no minister can be
called upon to take any responsibility for any actions done by him
*
+

Constitution (Article 149) authorises Parliament to prescribe duties and powers of


C. AG
Parliament enacted the CAG’s (Duties, Powers and Conditions of Service) act, 1971.

Act was amended in 1976 to separate accounts from audit in the Central government
Audits the accounts related to all expenditure from

1)- Consolidated Fund of India

*
*y

*
*y

*
*

2)-Consolidated fund of each state

3)-Consolidated fund of each union territory having a Legislative Assembly.


He audits all expenditure from

1)-Contingency Fund of India & States

2)-Public Account of India & States

_*

Any department of the Central Government and state governments.

Audits the receipts and expenditure of the Centre and each state

Audits the accounts of any other authority when requested by the President or
Governor.
For example, the audit of local bodies

te

*y

Co

*y

c
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& ontinue

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Advises sn President with regard to prescription of the form in w hich the accounts
of the
Centre and the states shall pe kept (Article 150).
“ He submits his audit reports relating to the accounts of the Centre to President,
who
shall, in turn, place them before both the Houses of Parliament (Article 151)
He submits his audit reports relating to the accounts of a state to governor, who
shall, in

turn, place them before the state legislature (Article 151).

He ascertains and certifies the net proceeds of any tax or duty (Article 279)- His
certificate
is final- The ‘net proceeds’ means the proceeds of a tax or a duty minus the cost
of collection.

* He acts asa guide, friend and philosopher of Public Accounts Committee of


Parliament.

“ In 1976, he was relieved of his responsibilities with regard to the compilation


and
maintenance of accounts of the Central Government due to the separation of accounts
from
audit, that is, departmentalisation of accounts.
@2sVeeR = Telegram-> @StudYLoveRVeeR

“ CAG submits three audit reports to the President

* 1)- Audit report on appropriation (fafar) accounts,

* 2)- Audit report on finance accounts, and

¢ 3)- Audit report on public undertakings.

* President lays these reports before both the Houses of Parliament.


* After this- Public Accounts Committee examines

“ CAG is an agent of Parliament and conducts audit of expenditure on behalf of


Parliament.
“* Therefore, he is responsible only to the Parliament

* CAG has no control over the issue of money from the consolidated fund and many
departments are authorised to draw money by issuing cheques without specific
authority from
CAG, who is concerned only at the audit stage when expenditure has already taken
place
oa

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“ CAG of India differs totally from the CAG of Britain who has powers of both
* 1)-Comptroller as well as

&

VeeR on F

* 2)-Auditor General.
* In other words, in Britain, the executive can draw money from the public
exchequer only

with the approval of the CAG.


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‘com, St TLe

** Role of CAG in the auditing of public corporations is limited- Three categories:

* 1)- Some corporations are audited totally and directly by the CAG,

* Forexample, Damodar Valley Corporation, Oil and Natural Gas Commission, Air
India,
Indian Airlines Corporation.

* 2)-Some other corporations are audited by private professional auditors who are

appointed by the Central Government in consultation with the CAG.

* If necessary, the CAG can conduct supplementary audit.

* The examples are, Central Warehousing Corporation, Industrial Finance Corporation

** 3)- Some other corporations are totally subjected to private audit.

¢ Audit is done exclusively by private professional auditors and the CAG does not
come into the
picture at all.

¢ They submit their annual reports and accounts directly to the Parliament.

* Examples of such corporations are Life Insurance Corporation of India, Reserve


Bank of
India, State Bank of India, Food Corporation of India, and others
The role of the CAG in the auditing of Government companies is also limited.

They are audited by private auditors who are appointed by the Government on the
advise
of the CAG.

CAG can also undertake supplementary audit or test audit of such companies.

In 1968, an Audit Board was established as a part of the office of CAG to associate
outside

specialists and experts fo handle the technical aspects of audit of spec ialised
enterprises like
engineering, iron and steel, chemicals and so on.
This board was established on the recommendations of the Administrative Reforms
Commission of India.

* It consists of aChairman and two members appointed by the CAG


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* Paul H Appleby, in his two reports on Indian Administration, was very critical of
the role of
CAG

* 1)-Function of the CAG in India, is in a large measure, an inheritance from the


colonial rule
* 2)-He recommended the abolition of the office of CAG

* 3)- Auditing has a repressive and negative influence.

4)- CAG’s function is not really a very important one- deputy secretary in the
department
knows more about the problems in his department than the CAG and his entire staff.
Which Article in the Constitution on India provides for the post of Comptrollerand
Auditor General of India (CAG)?
a) Article 148
b) Article 343
c) Artic le rh
d) Article 248

Who was the first Comptrollerand Auditor General of India (CAG)?


a) V. Narahari Rao

b) ALK. Chanda

c) ALR. Roy

d) 5. Ranganathan

Which Comptrollerand Auditor General of India (CAG) came into limelight for his
exposure of 2G scam,
Commonwealth games, etc?

a) Vinod Rai

b) Shashi Kant Sharma

c) ALK. Roy
d) S. Ranganathan
—= :
laa [(MDEO

Which Article in the Constitution on India provides for the post of Comptrollerand
Auditor General of inaidcady
wa¥ Article 148

b) Article 343

c) Article 266

d) Article 248

Whowas the first Comptrollerand Auditor General of India (CAG)? caye-S


av Narahari Rao
b) AK. Chanda
c) ALK, Roy
d) 5. Ranganathan

Which Comptrollerand Auditor General of India (CAG) came into limelight for his
expe sure (BB,
—_—

Commonwealth games, etc?


mee Rai

b) Shashi Kant Sharma Ly


c) ALK. Roy
d) S. Ranganathan
a) Prin ister
b) Chief Justice of India

c) Vice-President

> ae Comptrollerand Auditor General of India (CAG)?

d) President

What is the tenure of the office of € omptroller and Auditor General of India
(CAG)?
a) 5 years or age of 60, whichever is lower

b) 6 years or age of 65, whichever is lower

c) 4 years or age of 65, whichever is lower

d) Age of 60

Which of the following corporations is fully audited by Comptrollerand


AuditorGeneral of India (CAG)?
a) Reserve Bank of India

b) Life Insurance Corporation


c) Air Inclia
d) State Bank of India
——|

Who appoints the Comptrollerand Auditor General of a


a) Prime Minister

b) Chief Justice of India


c) Vice-President

OF esident

What is the tenure of the office of Comptrollerand Auditor General of India(CAG)?2


a) 5 years or age of 60, whichever is lower

O pars or se hichever is lower


ch years ofage of 65, whichever is lower

d) Age of Go

Which of the following corporations (fully Judived by Comptrollerand Auditor


General of India (€ nce )
a) Reserve Bank of Indiat

_—
b Insurance Corporation”
EE otis
d) State Bank of pas se
Which of the following corporations i

fully audited by Comptrollerand Auditor General of India (CAG)?


a) Air India , + —

b) Damodar Valley Corporati


c) Food Corporation of India
d) Oil and Natural Gas Commission

al . he # cq n : '
1 i t he P i f ft
1 Feo +
a | a TLaerer i (eal
an fe Ly F 1
ia wee ee te rubies tir i : ' or
A 1 4
6, 14.5
f 145
DO. 2.3.4

No connection
Which of the following corporations i
a) Air Inelia _-
b) Damodar Valley Corporatioh”

fully audited by Comptrollerand Auditor General of India (CAG)?

(ae?

«Food Corporation of India \

d) Oil and Natural Gas Commission”


ELECTION COMMISSION OF INDIA

INDIAN POLITY
$e Happy, Share & Help Each Other

www. youtube.com/StudYLoveR _

PPM ClGG me IIc

Election Commission of India

=
cS
==
SS
<
=
[s
Sy
oy
ConstiTUTIONAL Bopies Non-Constitutiona Bopies

38. Election Commission 48. Planning Commission

39. Union Public Service Commission 49. National Development Council

50. National Human Rights Commission


51. State Human Rights Commission
52. Central Information Commission
53. State Information Commission

54. Central Vigilance Commission

40. State Public Service Commission

41. Finance Commission

42. National Commission for SCs

43. National Commission for STs

44, Special Officer for Linguistic Minorities


45. Comptroller and Auditor General of India
46, Attorney General of India 55. Central Bureau of Investigation

47, Advocate General of the State 56. Lokpal and Lokayuktas


. Non- Constitutiona!
Constitutional Body hte = se a
Body

* Election * Statutory Body


Commission->324 * Executive Body
Cre
* Enacted by Se ra }
* Lokpal and Lokayuktas
* Law called Regulation

Centre & State

* By Executive Resolution
* Planning Commission
* NITI Aayog
| |

Election Commission

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“* Election Commission of India-


“*Permanent & Independent body
Free & Fair Election

“Article 324 of the Constitution

Superintendence

Direction

Control
Parliament President

State Vice
legislatures president
=» |
|

-India Dody- Common for bot

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an StudYLoveRVeeR com/StudY

Y Not concerned with the elections to


* 1)-Panchayats

* 2)-Muncipalities in the states.

Y Constitution of India provides fora


Separate State Election Commission
= a

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VeeR on FB-> @24VeeR © Telegram-> @StudYLoveRVeeR sremyousihe.com/StedtLoveR _

“*Election Commission ->1)- Chief election commissioner and

such number of other election commissioners-> President may from time to time fix

2)- Appointment shall be made by the president


3)- When any other election commissioner is so appointed chief election
commissioner shall

act as the chairman of the election commission,


4)- President may also appoint after consultation with the election commission ->

Regional commissioners as he may consider necessary to assist the election


commission.
5)- Conditions of service and tenure of office of the election commissioners and
the regional

commissioners shall be determined by the president.


anges
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_ ‘Telegram-> @StudYLoveRVeeR “wwwyoutube.coms/StedYLovelR ae

, election commission - Single member body consisting of the

Chief Election Com

“* On 16 October 1989, the president appointed two more election commissioners to


cope
with the increased work of the election commission on account of lowering of the
voting
age from 21 to 18 years.

** Election Commission functioned as a multimember body consisting of three


election
commissioners.

* Two posts of election commissioners were abolished in January 1990 and the
Election
Commission was reverted to the earlier position.

* Again in October 1993, president appointed two more election commissioners.

* Since then and till today, the Election Commission has been functioning as a
multi-

member body consisting of three election commissioners.


©

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* (Wo other election commissioners have equal powers and receive e y,


allowances and other perquisites, which are similar to those of a judge of the

Supreme Court.
* In case of difference of opinion amongst Chief Election Commissioner and/or two

other election commissioners-matter is decided by the Commission by majority.

“* Hold office for a term of six years or until they attain the age of 65 years,
whichever is
earlier.
* They can resign at any time or can also be removed before the expiry of their
term.
Independent and impartia Sa

Botiss f y, Share & Help Each Decent

B-s @24VeeR ee —
¢ He cannot be removed from his office except in same manner and on the same
grounds as a
judge of the Supreme Court.
“+ In other words, he can be removed by the president on the basis of a resolution
passed to
that effect by both the Houses of Parliament with special majority.

On the ground

1)- Misbehaviour(GTa) Or

“* 2)-Incapacity HafAd))

* He does not hold his office till the pleasure of president, though he is
appointed by him

“ Service conditions of the chief election commissioner cannot be varied to his


disadvantage
after his appointment.

“ Any other election commissioner ora regional commissioner cannot be removed from
office except on the recommendation of the chief election commissioner

** Constitution has not prescribed the qualifications


Constitution
has not

Not prescribed the


qualifications

Notspecified the
term of the members

Not debarred further


appointment
=)

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** Three categories

-- 4, Administrative

_ 2. Advisory

3. Quasi-Judicial
te

*y

/* /*
* + +

*%

(*)

VeeR on |

f-> @24VecR

Telegram-> @StudVYLoveRVeeR ©

Col = FF sas the district returning officer.


He appoints a returning officer for
1)-Every constituency in the district and

2)-Presiding officer for every polling booth in the constituency

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owt

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VeeRonFB-> @24VecR Telegram-> @StudYLoveRVeeR wikjourubhicdeniited Viel.

“* 1) Which Article in the Indian Constitution provides for the Election


Commission?
a) Article 324
b) Article 128
c) Article 256
d) Article 378

“* Which statement is true about Election Commission?


i)- Parliament appoints the Chief Election Commissioner of Election Commission?
2) Currently, there are 4 members in the Election Commission?
ayi&2
b)2
c)1
d) None
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VeeRon FB-> @24VeeR Telegram-> @StudYLoveRVeeR — www. youtub ;

1) Which Article in the aya) Constitution provides forthe Election Commission? |

ae
b) Article 12

c) Article 256 aie 4


d) Article 378 f / ®)

—————— es soamaill’

“ Which stateme is(eu¥ abou t Election Commission?


\)- (Parliament appoints the Chief Election Commissioner of Election Commission? a

2) Currently, there are/4 members in the Election Commission?


a)1&2 — 7
b)2 &) Er)

c)1
ann Be Happy, Share & Help Each Other!!!
VeeRonFB-> @2iVeeR—«—“Telegram-> @StudVLoweRVeeR wwe :

“ What is the tenu re of office for the Chief Election Commissioner?

*
* ‘

_*

a) 5 years or 65 years, whichever is earlier


b) 6 years or 60 years, whichever is earlier
c) 6 years or 65 years, whichever is earlier
d) 5 years or 60 years, whichever is earlier

Who was the first woman to become a Chief Election Commissioner of India?
She occupied the office from 26 November 1990 to 11 December i990.

a) V.S. Ramadevi

b) G. D. Das

c)S.K. Bedi

d) R.M. Nikam
Yall
= 4

(*)

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VeeR on FB-> @24VeeR : Telegram-> @StudYLoveRVeeR — ' ;

“ What is the tenure of office for the Chief Election Commissioner?

a) 5 years or 65 years, whichever is earlier ~\


b) 6 years or 60 years, whichever is earlier \ (| =\ Ee4 -2f)
ars o1(65{pears, whichever is earlier 7

‘ —_—_ a a ’
d) 5 years or 60 years, whichever is earlier

G Who was the first woman to become a Chief Election Commissioner


* She occupied the office from 26 November 1990 to 1 December(1990. )
a aria — :
Vis: Ramadevi- . = ~
b) G. D. Das

c)S.K. Bedi
d) R.M. Nikam
(*)

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* Forthe E pect Commnlsaion, at the district level, who acts as the district
returning
officer?
a) District Collector
b) Police Commissioner
c) Tehsildars
d) None of the above

“* Which statement is true about Election Commission?


* 1)-President may also appoint after consultation with the CMs - Regional
commissioners
“* 2)-Chief Election Commission of India does hold his office till the pleasure of
president.
a) |
b)2
chi&2
d) None of the above
a

©)

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VecRonFR-> @24VecR - Telegram-> @StudYLoveRVceR — aaatienObe hacoone/ ea nae

+ Forthe Election Commission, at the district level, who acts as the district
returning
officer? ' a lies
_ayDistrict Collector)
‘b) Police Commissioner
c) Tehsildars
d) None of the above

7 “ A
of presiden
es ————"

a) 1
b)2 ®
cyi&2

¥ d} None of the above

~

PDF-> FI-> StudYLoveRVeeR Telegram-> @StudYLoveRVeeR www,
youtube.com/c/StudYLoveRVeeR

Commission /Body

i)-Ceatral laformation Commission->


2)}-Union Public Service Commission

3)-Staff Selection Commission

4)-Central Vigilance Commission

5/}-Central Bureau of Investigation

6)Central Administrative Tribunal


7)-Inter-State Council

8}-Zomal Comncils

9)-National Investigation Agency

10)-National Human Rights Commission

1 }-Central Commissioner for Disabled Persons


12)-National Commission for Backward Classes
13) National Commission for Women
14)-Central Social Welfare Board

1§)-National Commission for Protectionof Child Rights


16)-National Commission for STs

17)-National Commission for Minorities


18)-Commissioner for Linguistic Minorities
20)-Finance Commission

aa) North Eastern Council

Falls Under

M of Personnel

M of Personne!

M of Personnel

M of Personne!

M of Personnel

M of Personnel

M of Home Affairs

M of Home Affairs

M of Home Affairs

M of Home Affairs
M of Social Justice & Empowerment
M of Social Justice & Empowerment
M of Women and Child Development
M of Women and Child Development
M of Women and Child Development
M of Tribal Affairs

M of Minority Affairs

M of Minority Affairs

M of Finance

M of Development of the North Eastern Region


) PDF-> FB-> StudYLoveRVeek felegram-> @StudYLoveRVecR www,
youtube.com/c/StudY¥LoveRVeeR
Commission /Body Falls Under = 4
i. Central Information Commission-> M of Personnel | — =

— 7.

2. Finance Commission M of Finance

3. Union Public Service Commission M of Personnel al


4. Inter-State Council M of Home Affairs

5. Staff Selection Commission M of Personne!

6. NCSCs M of Social Justice & Empowerment

7. National Commission for STs M of Tribal Affairs

8. Central Vigilance Commission M of Personnel

g. Zonal Councils M of Home Affairs

10. Central Bureau of Investigation M of Personnel

u1. National Investigation Agency M of Home Affairs


PDF-> FB-> Stud YLoweRVeeR lelegram-> @StudYLoveRVeeR www. youtube.com)
c/StudYLoveRVeckR

Commission /Body Falls Under

12. Commissioner ee Minorities M of Minority Affairs

13. National Commiss for Protection of Child Rights M of Women and Child
Development

14. National Commission for Backward Classes M of Social Justice & Empowerment
15. Central Commissioner for Disabled Persons M of Social Justice & Empowerment
16. Central Social Welfare Board M of Women and Child Development

17. North Eastern Council M of Development of the North Eastern Region

18. Central Administrative Tribunal M of Personnel

19. National Commission for Minorities M of Minority Affairs

20. National Human Rights Commission M of Home Affairs

21. National Commission for Women M of Women and Child Development


PDF-> FR-> StudYLoveRVeeR

Commission /Body

1)Central Information Commission->


2¥Union Public Service Commission
7*Staff Selection Commission
4#Central Vigilance Commission

‘Central Bureau of Investigation


6} entral Administrative Tribunal
7)-Inter-State Council
4)-Zonal Councils
9)-National Investigation Agency
10)-National Human Rights Commission
a)-Central Commissioner for Disabled Persons
12)}-National Commission for Backward Classes
13}-National Commission for Women
14)-Central Social Welfare Board
15)}-National Commission for Protectionof Child Rights
16)-National Commission for STs
17)-National Commission for Minorities
18)-Commissioner for Linguistic Minorities
20)-Finance Commission
ai}: North Eastern Council

lelegram-> @StudYLoveRVeeR

www. youtube.com) c/StudYLoveRVeck

Falls Under

{ 'M of Personne! |

M of Personnel
M of Personnel |

M of Personnel

M of Personnel
of Personnel

M of Home Affairs

M of Home Affairs

M of Home Affairs

M of Home Affairs

M of Social Justice & Empowerment


M of Social Justice & Empowerment
M of Women and Child Development
M of Women and Child Development
M of Women and Child Development
M of Tribal Affairs

M of Minority Affairs
M of Minority Affairs

M of Finance

M of Development of the North Eastern Region

aaa
=

® Tea: v Provisic

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VeeRonFB-> @2sVeeR = Telegram-> @StudYLoveRVeeR = www.youtu —

Part XVID Article-352-360 ©) ag


Y To safeguard — ia |

v Sovereignty,

Vv Unity, —

Vv Integrity and

v Security of the country,-

¥ Democratic political system, and

Y Constitution .—
>
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VeeRonFB-> @2aVecR = Telegram-> @%tudYLoveRVeeR = www.your

» Converts the federal structure into a unitary one


without a formal amendment of Constitution.

» Dr B R Ambedkar->Constitution of India can be


both unitary as well as federal according to
requirements of time and circumstances
“+ Due to war, external aggression or ar me eballicn= ->
(Article 352)-National Emergency’
** Due to the failure of the constitutional machinery in the

states (Article 356)-President’s Rule’/‘State Emergency’


or ‘constitutional Emergency’

“*Due to a threat to the financial stability or credit of India


(Article 360)- Financial Emergency
“Grounds of Declaration-> Article 352->President can declare
a national emergency

“Ground of ‘war’ or ‘external aggression, it is known as ‘External


Emergency.

“Ground of ‘armed rebellion’ it is known as ‘Internal


Emergency.

“*May be applicable to entire country or only a part of it

“+42 Amendment Act of 1976- limit operation to a specified


ae

&
Y Originally, the Constitution mentioned ti inter al
disturbance’ ->44'" Amendment Act of 1978
substituted the words ‘armed rebellion’ for ‘interna!
disturbance’
Y No longer possible to declare a National
Emergency on the ground of ‘internal disturbance’
as was done in 1975 by the Congress government

headed by Indira Gandhi.


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Y President->National emergency only after


receiving a written recommendation from cabinet.

¥ 44‘ Amendment Act of 1978

“Not merely on advice of the prime minister

¥ Indira Gandhi advised the president to proclaim


emergency without consulting her cabinet
|
&
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VeeRonFB-> @aVecR => Telegram-> @StudYLloveRVeeR = www.youtube.com/StudYLoveR
¥38'" Amendment Act of 1975 made declaration of a
National Emergency immune from judicial review.
¥ But, this provision was subsequently deleted by the

44'* Amendment Act of 1978.


Emergency must be approved by both the Houses of P. arliament within one
month from the date of its issue.

* Originally-> Two months-> 44" Amendment Act of 197

“ Lok Sabha has been dissolved or the

* Dissolution of Lok Sabha takes place during the period of one month without
approving the proclamation,

Survives until 30 days from first sitting of the Lok Sabha after its
reconstitution.

If approved by both Houses-> Emergency continues for six months,

“ and can be extended to an indefinite period with an approval of the Parliament


forevery six months.

“ This provision for periodical parliamentary approval was also added by the 44""
Amendment Act of 1978
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ft cain = ae

¥ This special majority provision was introduced by


the 44th Amendment Act of1978.

Y Previously, such resolution could be passed by a


simple majority of the Parliament.
“ Revoked by the President at any time-> Does not require the par ani
approval.

+ 44" Amendment Act of 1978 also provided that,

“1/10 of the total number of members of the Lok Sabha give a written notice to the
Speaker (or to the president if the House is not in session), a special sitting of
the
House should be held within 14 days for the purpose of considering a resolution
disapproving

“ Resolution of disapproval is different from a resolution approving


1. The first one is required to be passed by the Lok Sabha only, while the second
one needs to be passed by the both Houses of Parliament.

2. The first one is to be adopted by a simple majority only, while the second one
needs to be adopted by a special majority
** Three categories:

v1. Effect on Centre-state relations,


v2. Effect on life of Lok Sabha and State assembly,
¥ 3. Effect on Fundamental Rights.
«Three times so far—in 1962, 1971 and 1975.

October 1962 on account of Chinese aggression in the NEFA (North-East Frontier


Agency—now Arunachal Pradesh), and was in force till January 1968.

“ Fresh proclamation was not needed at the time of war against Pakistan in 1965.

“* December 1971 in the wake of attack by Pakistan.

Even when this Emergency was in operation, a third proclamation of National


Emergency was made in June 1975.

Both the second and third proclamations were revoked in March 1977
The first two proclamations (1962 and 1971) were made on the ground of ‘external
aggression’

* Third proclamation (1975) was made on the ground of ‘internal disturbance’,


India

States and Union Territories

© Suse Copia
® Uses Territory Capital
&

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“* Elections held to the Lok Sabha in 1977 after the Emergency Congress
Party led by Indira Gandhi lost and the Janta Party came to power.

“This government appointed the Shah Commission to investigate the


circumstances that warranted the declaration of an Emergency in 1975.

“The commission did not justify the declaration of the Emergency.

“* Hence, the 44th Amendment Act was enacted in 1978 to introduce a


number of safeguards against the misuse of Emergency provisions.
How and when
a President Rule is imposed

on a state
Chapter-16-Part-Il
h Other!!

National Emergency
Disturbances
ship Imposed

(PM Expleins Action

x Qe Sa RR are
a

& 2resident’s Ru

wa
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**Grounds of Imposition

* . + + = . * *

** Article 355 ->Duty -> Centre ->Government of every state is carried on


in accordance with provisions of the Constitution.

“Centre takes over the government of a state under Article 356 in case of
failure of constitutional machinery in state.

“* Known as ‘President's Rule’-> It is also known as ‘State Emergency’ or


‘Constitutional Emergency.

** President's Rule can be proclaimed under Article 356 on two grounds


one mentioned in Article 356 it self and another in Article 365:
* President's Rule can be proclaimed under Article 356 on Two grounc

Y 1)- One mentioned in Article 356 it self


¥ 2)- Another in Article 26

y Article 3 M1POWeCLS the President to issue a proclamation.

- He is satisfiec al a situat! has arisen in which government of a state cannot be


carried on

in accordance with provisions of the Constitution.


r Notably, president can act either on a report of the governor of state or
otherwise too (ie, even

without the governor's report).


“Article 365 says that whenever a state fails to comply with or to give effect
a
to any direction from the Centre, it will be lawful for the president to hold that
a situation has
arisen in which government of the state cannot be carried on in accordance with the
provisions
of Constitution.
sg Imposing President's Rule must be apeerear by both the Houses of Par Henne w
ithin

two months from the date of its issue.

“* Proclamation of President's Rule is issued at a time when Lok Sabha has been
dissolved or
dissolution of Lok Sabha takes place during the period of two months without
approving
proclamation, then the proclamation survives until 30 days from first sitting of
Lok Sabha
after its reconstitution, provided the Rajya Sabha approves it in mean time.

‘> Ifapproved by both Houses of !’arliament, President's Rule continues for six
months.

+ Itcan be extended for a maximum period of three yea rS with the approval of

Parliament, every six months.

¢ If dissolution of Lok Sabha takes place during period of six months without
approving further
continuation of President's Rule, then proclamation survives until 30 days from
first sitting of
Lok Sabha after its reconstitution.
ca

yeeRon FB-> @24VeeR

a= corm! Sell) |
<<

simple Majority, |hat is, a majority of the members of

“* House of Parliament only

that House present and voting,

“+ 44" Amendment Act of 1978 introduced a new provision to put restraint on the
power of
Parliament to extend a proclamation of President's Rule beyond one year.

“** Beyond one year, President's Rule can be extended by six months at a time only
when the
following two conditions are fulfilled:

Y 1. A proclamation of National Emergency should be in operation in the whole of


India, or in the
whole or any part of the state; and

¥ 2. Election Commission must certify that the general elections to the legislative
assembly of
the concerned state cannot be held on account of difficulties.

¢* A proclamation of President's Rule may be revoked by the President at any time


bya
subsequent proclamation.

* Such a proclamation does not require the parliamentary approval.

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onsequences of President's Rule

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: 1 he - eats — + f a | ie

v 1. He can take up functions of state government and powers vested in governor or


any other executive authority in state.

v 2. Powers of state legislature are to be exercised by Parliament.

Y 3. He can take all other necessary steps including suspension of constitutional


provisions relating to any body or authority in state.

** President dismisses state council of ministers headed by chief minister.

«* State governor, on behalf of President, carries on state administration with


help
of chief secretary of state or advisors appointed by President.

** This is the reason why a proclamation under Article 356 is popularly known as
the
imposition of ‘President's Rule’ ina state.

“* President either suspends or dissolves state legislative assembly.

“+ Parliament passes state legislative bills and state budget


<e}

Other!!!

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‘ «com/StudYLoveR

Constitutional
1)-Position, ,
2)-Status,-

3)-Powersand

4)-Functigns of concerned state high court remain


same even during President’s Rule ©
ee
© Use of Artic (356 /

eeRonFB-> @24VecR = Telegram-> @StudYLoveRVeeR

** Since 1950, President's Rule has been imposed on more than 100 occasions, that
is, on an average twice a year.

“+ Imposed in an arbitrary manner for political or personal reasons.

** Most controversial and most criticised provision of the Constitution.

“+ First time-> President's Rule was imposed in Punjab in 1951.

“ All states have been brought under the President's Rule, once or twice or more

** Lok Sabha in 1977 after the internal emergency-> Janta Party came to power.

“* Headed by Morarji Desai imposed President's Rule in nine states 9 (where the
Congress Party was in power) on the ground that the assemblies in those states
no longer represented the wishes of the electorate.

** When the Congress Party returned to power in 1980, it did the same in nine
states
on the same ground

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‘wr whe. com, oer Oe

WoW OO Stud,
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¥ Dr B R Ambedkar, while replying to the critics of


this provision in the Constituent Assembly, hoped
that the drastic power conferred by Article 356 would
remain a ‘dead-letter and would be used only

as a measure of last resort.

V ‘dead-letter’ has turned to be a ‘deadly-weapon’


against a number of state governments
=

REVIEW

cope of Judicia

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(Nese cen BF. pag Vine’ (0 Whigs ggicand create Row iren ocaa beacon Sead Lele

“+ 38" CAA-1975 made satisfaction of President in invoking Article 356 final and
conclusive which could not be challenged in any court on any ground.

“* Provision was deleted by 44'" Amendment Act of 1978 implying that satisfaction
of President is not beyond judicial review

“+ Bommai case (1994)->

Y President's Rule is subject to judicial review.

v Satisfaction of the President must be based on relevant material->The action of


the president can be struck down by the court if it is based on irrelevant.

Y Burden lies on the Centre to prove that relevant material exist.

¥ Court cannot go into the correctness of the material or its adequacy but it can
see
whether it is relevant to the action.
®

sti Be Happy, Save & a Each Other!!!


VeeRonFB-> @24VeeR “ — Telegram-> @StudYLoveRVeeR = www.ye wR
~ Court power to restore the dismissed state government and Fevive the state

legislative assembly if it was suspended or dissolved.


¥ Secularism is one of the ‘basic features’ of the Constitution-> Hence, a state
government pursuing anti-secular politics is liable to action under Article 356.
¥ Question of the state government losing the confidence of the legislative
assembly should be decided on the floor of House and until that is done the
ministry should not be unseated.
“+ Power under Article 356 is an exceptional power and should be used only
occassionally to meet the requirements of special situations.
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“Article 360 empowers the president to proclaim a Financial Emergency


if he is satisfied that a situation has arisen due to which the financial
stability or credit of India or any part of its territory is threatened.

38" Amendment Act of 1975 made satisfaction of president in


declaring a Financial Emergency final and conclusive and not
questionable in any court on any ground.

** Provision was subsequently deleted by 44th Amendment Act of 1978


implying that satisfaction of the president is not beyond judicial review
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Parliamentary Approval and Duration

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nu! Se ay

Ron FB-> @24VecR = Telegram-> @StudYLoveRVee!

* Approved by both the Houses of Parliament within two months from the date of its
issue.
However, if the proclamation of Financial Emergency is issued at a time when the
Lok Sabha
has been dissolved or the dissolution of the Lok Sabha takes place during the
period of two
months without approving the proclamation, then the proclamation survives until 30
days
from the first sitting of the Lok Sabha after its reconstitution, provided the
Rajya Sabha has in

the meantime approved it.

“* Once approved by both Houses of Parliament, Financial Emergency continues


indefinitely till it is revoked.

* This implies two things:

¥ No maximum period prescribed for its operation; and

Y Repeated parliamentary approval is not required for its continuation,

“ Resolution can be passed by either House of Parliament only by a simple majority.

¥ May be revoked by president at anytime->Such a proclamation does not require


parliamentry
approval
‘Tects of Financial Emergency

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“ The executive authority of the Centre/ President extends-> to directing any state
may deem
necessary and adequate for the purpose.

+ Any such direction may include a provision requiring

Y Reduction of salaries and allowances of all or any class of persons serving in


the state; and

Y Reservation of all money bills or other financial bills for the consideration of
the President
after they are passed by the legislature of the state

v President may issue directions for the reduction of salaries and allowances of
(a) all or
any class of persons serving the Union-> Judges of Supreme Court and the high
court,

“ Centre acquires full control over the states in financial matters.

“ HN Kunzru, a member of the Constituent Assembly, stated that the financial


emergency
provisions pose a serious threat to the financial autonomy of the states.

! No Financial Emergency has been declared so far, though there was a financial

crisis In 1991
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Y Federal character of the Constitution will be destroyed and the Union


will become all powerful.

v The President will become a dictator.

Y The financial autonomy of the state will be nullified.

Y Fundamental rights will become meaningless and, as a result, the


democratic foundations of Constitution will be destroyed:
Emergency (Article $42) Presidcer’s Rude (Article 396)

Tt ca be prec booed! comby ee the ery unify of inate | | lt can be peee booed nt
Feet Chee Pecan ofa site case! be carne

oF a jure fd & theecalceed by war, oxic) mn acolo) wath the Pro of the Comdgivie
die fo pce

agresion oad rebel wheh may not hae any conection wah war, cxternal aggression oF
armen) re bee Bhar,

Dranny ts operation, the state cxocuine amd . Dung fs operation, the etete cupcutny
6 deed ard the wiote

legninture conmmar to funchon and exerci: the kegulnowe 6 coher spemied of dasobeed
The presadeot adimnacrs

powers asigned io them umber the Comutmution. lis the state through the governor
and ihe Porkament makes lows for the

effect = that the Centre gets cConcuree! peewers of alate. In beet the caccutine
ond egrets peewers of the slate are

adreametrates ark kegeletion nthe stan aac by the Contre

Under the, the Parkomert can make beers on the S. Undler thes, the Parkement cam
delegate the power to make bres for the

wuteects coumeneted mm the State Lit onby by bec lf state to the Presedent of to
ary other authonty epecdied by ham ‘So far,

tht in, at comm delegate the samme to ory other bony the practice hes been for the
presen to made lows for the state

on auithceray cOmuinon with the members of Parkoosert from that stan Soch lows
or beewn as Peewedcel’s Acts

Thert 8 no meen pcre proscribed for ate Thett #8 a mein pore! pececribed for i
operation, that 5. three
operation bt can be continmacd anckelretchy with the ywoars. Thorcafker, @ mnt come
to an ond and the normal conmtindional
appeal of Parkement for ewery sm months. mechmery must be restored an the state.

Under ths, the rebteomhip of the Centre wieth athe $800 Under the, the roletorehep
of only the etete wader cre pemey with the

tates undergoes o cat Centre uniergors a mdificoteon


4
Every resokmion of Parkemen approwing as (6 Ewery rsolunon of Pores approving fs
proctor os
prochnaton of is commminee mist be passed by 4 Cotman? canbe paseed anh by a senple
maporny.

epoca) ppordy.

taffects fundamen! mghes of the coco, ht has no effect on Fumdomeral Rights of the
coum

Lok Sabha can pass a peecdutiom for is neworatm There 6 no such prowsaon It can be
newoked by the Presadent only on

he own,
National Commission for Scheduled Castes (SCs) | Sr
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VeeRonFB-> @24VecR | Telegram-> @StudYLoveRVeeR = www.youtube.com/Stud YLoveRVeeR

“+ Constitutional body

* Established by Article 338


1)- National Commission for Women (1992),
2)- National Commission for Minorities (1993),

3)- National Commission for Backward Classes (1993),


4)- National Human Rights Commission (1993) and
5)- National Commission for Protection of Child Rights (2007)->

“* Are statutory bodies


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“ Originally, Article 338- Constitution- > Special Officer for SCs & S Ts

“ To investigate all matters relating to the constitutional safeguards for the SCs
and STs and

Report to the President on their working.

“* He was designated as the Commissioner for SCs and STs

* 1978-> (througha Resolution) set upa non-statutory multi-member

* the Office of Commissioner for SCs and STs also continued to exist.

* 1987-> (through another Resolution) modified the functions of the Commission and
renamed it as the National Commission for SCs and STs

* 65" Constitutional Amendment Act of 1990 establishment of a multi-member National


Commission for SCs and STs

* Replaced

“+ 1)-Commissioner for SCs and STs

“* 2)-Commission set up under the Resolution of 1987


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@24VecR =~=—_ Telegram-> @StudYLove amr Veskm mamaria n cen RCaaA LOR. J

Constitutional Amendment Act of 2003 bifurcated ->Two Separate Bodies,


National Commission for Scheduled Castes (under Article 338) and
* 2)- National Commission for Scheduled Tribes (under Article 338-A)
“* Separate National Commission for SCs came into existence in 2004.
“ Consists of

* 1)- Achairperson,

* 2)-A vice-chairperson

* 3)-Three other members.

** They are appointed by the President by warrant under his hand and seal.

“ Their conditions of service and tenure of office are also determined by President
nctions of the Commission

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_*

> Investigate and monitor


1)- All matters relating to the constitutional and other legal safeguards for the
SCs

/*
a

2)- Respect to the deprivation of rights

3)- Advise on the planning process of socio-economic development of the SCs

4)- Evaluate the progress of their development under the Union or a state;

5)- Reports upon the working of those safeguards- Present to the President-Annually

6)- Protection, welfare and development and advancement of SCs as the president may
specify.

/* *
+

«
‘*
*

*
+“

/*
+

President places all such reports before the Parliament


President also forwards any report of the Commission pertaining to a state
government to the

*y

state governor
“* governor places it before the state legislature
Power to regulate its own procedure

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“* Commission has all the powers of a civil court

* Summoning and enforcing the attendance of any person from any part of India

Requisitioning( Gal) any public record from any court or office;

Issuing summons for the examination of witnesses and documents;

Any other matter which the President may determine.

Central government and the state governments are required to consult the Commission

onall major policy matters affecting the SCs.

“* Commission has to investigate all matters relating to the constitutional and


other legal
safeguards for the OBCs and the Anglo-Indian Community and report to the President
upon their working.

&

/* *
+" +

«
*
*

*
*

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= ' eh

VeeR on FB-> @24VecR Telegram-> @StudYLoveRVeeR |


Which of the following is/are true regarding National Commission for Scheduled
Castes?
1) Originally the Constitution just had a Special officer for SCs and STs.

2) National Commission for SCs came into existence in 2001.

3) 88 Amendment bifurcated the National Commission for SCs and STs in to two.

a. |

b. 1,

Cc. 2,

d. Al

oe Ld ‘gf at

of the above
=

VeeR on FB> @24VeeR

Which of the following is/are true regarding National Commission for Scheduled
Castes?
Oe ie one ae had a Special officer for SCs and STs. —-

2) National Commission for <<)


3) 88 Amendment bifurcated is National Commission or SCS and STs in oo -

- | a
“7
1,

c.2,3
d. All of the above
ee
. - =

—_>
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B-> @24VeeR— ‘Telegram-> @StudYLoveRVeeR | www. youtube. ‘com/StudYLoveR =a

VeeRon

What are functions of National Commission for SCs?

1) Investigate and monitor all matters relating to the legal safeguards for the
SCs.
2) Present reports to President.

3) Advise on the planning process of socio-economic development of the SCs.

a. 1,4

b, 1, 2

c.3,3

d. All of the above


\ed

@) .
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VeeR on FB-> @24VeeR Telegram-> @StudYLoveRVeeR mnrmseidbaiesentStedLowe

What are functions of National Commission iotoeey)

1) Investigate and monitor all matters relating to the legal safeguards for
theSCsQ27
2)PresepP reports: to Presidents —

3) Advise on the planning process of socio-economic development of theScs!) S&S

aa
¢. 2,3 a

de All of the above

ba
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Tele Re erate IEE IVI R

What are powers of National Colliinission for SCs?

1) Commission has powers of criminal court in regards to examining witnesses.

2) Commission can regulate its own procedure.

3) State governments are required to consult the commission on all major policy
matters
affecting the SCs,

a. 1,3

b.1, 2

c. 2,3

d. All of the above

VeeR on FB-> @24VecR |


@)

B> @24VeeR Telegram-> @StudYLoveRVeeR—

VeeR on

Gant ) )
What are powers of National Commission forSCs?~
1) Commission has powers of(criminal court in regards to examining witnesses. x

2) Commission can regulate its own procedure.


3) State governments are required to consult the commission on all major policy
matters

affecting the SCs,


a. 1,3 ¥
b. 1, 2

oF2. 3
d. All of the above ~
Central Information Commission
PDF-> FR-> Stud YLoveRVeeR lelegram-> @StudYLoveRVeeR www.
youtube.com/c/StudYLoveRVecR

‘ © _NITI Aayog

) National Human Rights Commission


State Human Rights Commission
Central Information Commission

State Information Commission

Central Vigilance Commission

Central Bureau of Investigation


Lokpal and Lokayuktas
Central Information Commission

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oveRVecR = ‘Telegram-> @StudYLoveRVeeR =.

Central Information
Commission(CIC)

* Established by ->Central

Government in 2005.

* Under the provisions-> Right to


Information Act (2005)

*Hence,-> It is nota
constitutional body

Central Information Commission


Kendnya Seochna Ayog
aly Sat TI
Abbreviation :
Agency overview
Formed 700
Annual budget E413 mnie (L591 8 mma
2018-12)

Legal personality Jovernments

Juriditheonal structure
Federal agency
Governing body

Constimting
bee Doers rit

General nature
‘Love RVeck
Lo

“* Consists of a Chief Information Commissioner


“* Not more than 10 Information Commissioners
“* Appointed by President on recommendation of a committee consisting of
1)- Prime Minister as Chairperson,
2)-Leader of Opposition in Lok Sabha and
3)-Union Cabinet Minister nominated by Prime Minister.
They should be persons of eminence in public life with wide knowledge and
experience in law,

science and technology, social service, management, journalism, mass media o!


administration and governance.

They should not be a Member of Parliament or Member of the Legislature of any State
or
Union Territory.

They should not hold any other office of profit or connected with any political
party or
carrying on any business or pursuing any profession.
* Chief Information Commissioner & Information Commissioner hold office for 5 years
or
age of 65 years, whichever is earlier.

“ They are not eligible for reappointment.

* President can remove->Under the following circumstances


If he is adjudged(afta) an insolvent(featteran),

Convicted of an offence which (opinion of President) involves a moral


turpitude( AYAd)); or

Paid employment outside the duties of his office; or

If he is (opinion of President) unfit to continue in office due to infirmity of


mind or body; or

If he has acquired such financial or other interest as is likely to affect


prejudicially his

official functions.

In addition to these-> Proved misbehaviour or incapacity

President has to refer the matter to the Supreme Court for an enquiry.

lf the Supreme Court, after the enquiry, upholds the cause of removal and advises
so, then the

President can remove him.

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eo yam fe ene Py a Pea

i. Po a
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— come reg TT (Pita ied oe

Salary, allowances and other service conditions of

Y Chief Information Commissioner are similar to those of Chief


Election Commissioner

Y Information Commissioner are similar to those of an Election


Commissioner.

Y But, they cannot be varied to his disadvantage during service


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*r

“+ Duty of Commission to receive and inquire into a complaint from any person

** Commission can order Mauiry into any matter if there are reasonable
grounds(Suo-Moto power)

“* Commission has powers of a civil court

* All public records must be given-> Commission during inquiry for examination

* Submits an annual report-> Central Government on implementation


provisions of this Act.

“Central Government places this report before each House of Parliament


Composition|

“+ Union Public Service Commission (UPSC)-


entral recruiting agency in India.
Pie mall body- Directly
created by Constitution.
* Articles 315 to 323 in Part XIV- Constitution
% Provisions regarding of members along with
independence, powers and functions UPSC
SC

Four

‘onstitutional
CAG eae ECI

UPSC
“* Union Public Service Commission (UPSC)-
central recruiting agency in India.

* Independent constitutional body- Directly


created by Constitution.

* Articles 315 to 323 in Part XIV- Constitution

“ Provisions regarding of members along with


independence, powers and functions UPSC.

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Composition

Appointment

Removal
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eats

* UPSC consists of a chairman and other members appointed by president.

“* Usually, Commission consists of g-11-> members including chairman.

* No qualifications are prescribed for Commission's membership except that one-half


of
the members of Commission should be such persons who have held office for at least
ten years either under Government of India or under government of a state.

“* Constitution also authorises president to determine conditions of service of


chairman
and other members of Commission.
es |

Each Other!!!
ier

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“ Chairman and members of Commission hold office for a term of six years or until
they
attain age of 65 years.

Addressing their resignation to president.

* They can also be removed before expiry of their term by president in the manner
as
provided in Constitution.

* President can appoint one of members of UPSC as an acting chairman in the


following
two circumstances :
(a) When the office of chairman falls vacant; or
(b) When chairman is unable to perform his functions due to absence or some other
reason.

* Acting chairman functions till a person appointed as chairman enters on duties of


office
or till chairman is able to resume his duties.
REMOVAI

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VeeRonFB-> @24VecR # Telegram-> @StudYLoveRVeeR + youtube.com) St Ro i

President can remove chairman or any other member of UPSC from office under
following circumstances:
(a) If he is adjudged(atftd) an insolvent(featferat) (that is, has gone bankrupt);
(b) If he engages, during his term of office, in any paid employment outside the
duties of
his office; or
(c) If he is, in opinion of the president, unfit to continue in office by reason of
infirmity of
mind or body.
In addition to these, the president can also remove the chairman or any other
member of
UPSC for misbehaviour.
In this case, the president has to refer the matter to the Supreme Court for an
enquiry.
Advise tendered by Supreme Court in this regard is binding on the president.
During the course of enquiry by Supreme Court, president can suspend chairman or
member of UPSC
AGI], OK/s «+ 5:48 AM

© n a dent & Impartial functioning :

Belios » Share 6: Hels Ent Other!!!

@2yVeeR =—C«STTelegram-> @: Low R


* Chairman or Member-> UPSC can Be inenoned from office by president onls in manner
and on grounds mentioned in Constitution
* Service of the chairman ora member, though determined by the president, cannot be

varied to his disadvantage after his appointment.

* Entire expenses including the salaries, allowances and pensions of the chairman
and

members of the UPSC are charged on the Consolidated Fund of India

“ Chairman of UPSC-> is not eligible for further employment in Centre or state

“* Member of UPSC -> is eligible for appointment as chairman of UPSC ora State
Public
Service Commission (SPSC).

* But not for any other employment in the Government of India or a state

* Chairman ora Member or UPSC is not eligible for reappointment to that office
(i.e., not
eligible for second term)
* Conducts examinations for appointments to
1)- All-India services,
2)- Central services
3)- Public services

All matters relating to methods of recruitment to civil services and for civil
posts.

Assists the state

(if requested by two or more states) in framing and operating schemes of


joint recruitment

It serves all or any of the needs of a state on the request of the state governor
and with the
approval of the president.

Matters related to grant of extension of service and re-employment of certain


retired
civil servants

“ Jurisdiction of UPSC can be extended by an act made by Parliament.


“* UPSC presents, annually, to the president a report on its performance.

ate

+ President places this report before both the Houses of Parliament


Sm

[9 Outside jurisdiction of the UP

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VeeRonFR-> @24VecR “Wace esa Wc WRI ne pte omtcveinCARR s

“* Making reservations of appointments- Backward class/ SC/ ST

“*Selections for chairmanship or membership of commissions or


tribunals.

“Selection for temporary or officiating appointment to a post if the


person appointed is not likely to hold the post for more than a year.
|

ul

@
1" Be Ha , Share & Hel
Naam RBScagess Vee i ore Telagreen:Saundy LOVaRVeaic Incr arena poobehaces

“* ‘Watch-dog of merit system’

“ Role of UPSC is not only limited, but also recommendations made by it are only of
advisory
nature and hence, not binding on the government.

Emergence of Central Vigilance Commission (CVC) in 1964 affected the role of UPSC
in
disciplinary matters- Conflicting advise

“* UPSC, being an independent constitutional body, has an edge over the CVC, which
is
created by an executive resolution of the Government of India and conferred a
statutory
status in October 2003.

Role:

Each Other!!!

em

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