Constitutional Bodies: UPSC Previous Year Questions (Polity)

Explanation

Option 1 is correct: The National Commission for Backward Classes (NCBC) was initially constituted by the Central Govt through the National Commission for Backward Classes Act, 1993, which was repealed through the National Commission for Backward Classes (Repeal) Act, 2018. At present, the commission has been accorded Constitutional Status and constituted through the Constitution (One Hundred and Second Amendment) Act, 2018 whereby Article 338B has been inserted, forming a Commission for the socially and educationally backward classes to be known as National Commission for Backward Classes.

Option 2 is incorrect: The National Human Rights Commission (NHRC) of India was established under the Protection of Human Rights Act (PHRA), 1993 and amended by the Protection of Human Rights (Amendment) Act, 2006. It is in conformity with the Paris Principles, for the promotion and protection of human rights. Section 2(1)(d) of the PHRA defines Human Rights as the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.

Option 3 is incorrect: The Law Commission of India is a non-statutory body and is constituted by a notification of the Government of India, Ministry of Law & Justice, Department of Legal Affairs with a definite terms of reference to carry out research in the field of law and the Commission makes recommendations to the Government (in the form of Reports) as per its terms of reference.

Option 4 is incorrect: The National Consumer Disputes Redressal Commission (NCDRC), India, is a quasi-judicial commission in India that was set up in 1988 under the Consumer Protection Act, 1986 (now replaced by the Consumer Protection Act, 2019).

Explanation

The Fifteenth Finance Commission (XVFC)’s Term of Reference was unique and wide-ranging in many ways. The Commission was asked to recommend performance incentives for States in many areas like the power sector, adoption of DBT, solid waste management, etc. The XV FC’s Report is organised in four volumes and deals with two kinds of devolution:

Vertical Devolution: distribution of net proceeds of taxes between the Union and states. Horizontal Devolution: distribution of net proceeds of taxes among the states. Options 1, 2 and 5 are correct:

Horizontal Devolution based on principles of need, equity and performance, the overall devolution formula is as follows:

Criteria Weight (%) Tax and Fiscal Efforts 2.5 Demographic Performance 12.5 Demographic performance: States with better performance in controlling population growth were rewarded (12.5% weightage). Forest and ecology: States with a larger share of dense forest area received weightage (10%). Tax and fiscal efforts: States with higher tax collection efficiency were rewarded (2.5%). Options 3 and 4 are incorrect: Governance reforms and stable government were not part of the criteria used by the Fifteenth Finance Commission for horizontal devolution.

Explanation

Statement 1 is incorrect: Attorney General has the right to speak and to take part in the proceedings of Parliament or their joint sitting and any committee of the Parliament of which he is a member, but without a right to vote. He enjoys all the privileges and immunities that are available to a Member of Parliament. While Solicitor General of India and Additional Solicitor General of India have no such rights or privilege.

Statement 2 is incorrect: The term of office of the AG is not fixed by the Constitution and also, the Constitution does not contain the procedure and grounds for his removal. He holds office during the pleasure of the president and conventionally, he resigns when CoM resigns or is replaced, as he is appointed on its advice.

Explanation

The Ministry of Tribal Affairs (MoTA) is the nodal agency for the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The ministry deals with forest and livelihood objectives at the national level.

Explanation

Statement 1 is incorrect: Strength of ECI is not specified in the Constitution, and it is determined by the President. Currently, there are 3 Members.

Statement 2 is incorrect: The most important function of the commission is to decide the election schedules for the conduct of periodic and timely elections, whether general or bye-elections.

Statement 3 is correct: It grants recognition to political parties & allot election symbols to them along with settling disputes related to splits/mergers of recognized political parties.

Explanation

Article 76 of the Constitution of India deals with the provisions of the Attorney General of India. The Attorney General of India is appointed by the President of India. Eligibility: He/She should be qualified to be Judge of Supreme Court (i.e. Citizen of India and must have been a judge of some high court for 5 years or an advocate of some high court for 10 years) or an eminent jurist, in the opinion of the president. Rights: He/She has the Right to speak and to take part in the proceedings of Parliament or their joint sitting and any committee of the Parliament of which he is a member, but without a right to vote.

Explanation

Statement 1 is incorrect: The CAG does not exercise exchequer control during emergencies (whether national or financial). The Finance Ministry and the Department of Economic Affairs are responsible for the management of the exchequer during such emergencies. The CAG’s role remains to audit and report on the use of public funds, but it does not have direct control over financial matters during an emergency.

Statement 2 is correct: PAC’s chief function is to examine the audit report of Comptroller and Auditor General (CAG) after it is laid in the Parliament. CAG acts as a guide, friend and philosopher of the Public Accounts Committee of the Parliament.

Statement 3 is correct: Information from CAG reports can be used by investigating agencies to press charges against those who have violated the law while managing public finances.

Statement 4 is incorrect: While dealing with the audit and accounting of government and PSUs, CAG does not have certain judicial powers for prosecuting those who violate the law. CAG is merely an advisory body and has some quasi-judicial powers.

Explanation

Statement 1 is correct: One of the notable recommendations made by the Thirteenth Finance Commission was related to the Goods and Services Tax (GST). The Commission recommended the introduction of a GST system as a comprehensive indirect tax reform. Additionally, it proposed a compensation mechanism for states that would face revenue losses during the implementation of the GST. The compensation package was meant to ensure that states did not suffer a revenue shortfall when transitioning from the existing system of sales tax and other taxes to the unified GST. The implementation of GST was linked to a timeline, and the Commission suggested setting up a GST compensation fund.

Statement 2 is incorrect: While the Thirteenth Finance Commission did acknowledge the importance of utilizing India’s demographic dividend (the large working-age population), it did not specifically design a detailed job creation strategy or suggest a mechanism for creating lakhs of jobs in the next decade. The Commission focused more on fiscal and financial management, including issues related to devolution of funds, and did not specifically lay out detailed employment schemes.

Statement 3 is correct: The Thirteenth Finance Commission recommended a specified share of central taxes to be devolved to local bodies (i.e., rural and urban local bodies) as part of the decentralization process. This was aimed at strengthening local governance and ensuring that local bodies had sufficient funds to implement schemes for development and welfare at the grassroots level.

Explanation

The Finance Commission of India is established under Article 280 of the Constitution. Its primary role is to make recommendations on the distribution of tax revenues between the Centre and the States and among the States themselves. Statement (a) is incorrect: Encouraging foreign capital inflow is not within the mandate of the Finance Commission. This is more relevant to policies of the Ministry of Finance or organizations like the RBI. Statement (b) is incorrect: The Finance Commission is not concerned with PSUs; its role is limited to tax revenue distribution between Centre and States and providing grants-in-aid. Statement (c) is incorrect: While the Finance Commission ensures equitable financial distribution, transparency in financial administration is not explicitly its function. This role is more aligned with bodies like the Comptroller and Auditor General (CAG). Thus, none of the given statements are correct in the context of the Finance Commission.

Explanation

Option (a) is incorrect: University Grants Commission (UGC) was established through the University Grants Commission Act, 1956, a legislation passed by Parliament. It is not a constitutional body.

Option (b) is incorrect: National Human Rights Commission (NHRC) was formed under the Protection of Human Rights Act, 1993. It is a statutory body, not constituted by a constitutional provision.

Option (c) is correct: The correct answer is the Election Commission, as it is established under Articles 324 to 329 of the Indian Constitution. These articles outline the creation of the Election Commission and the framework for conducting elections in the country.

Option (d) is incorrect: Central Vigilance Commission (CVC) was initially set up through an executive resolution in 1964, later gaining statutory status through the Central Vigilance Commission Act, 2003. However, it is not created by a specific constitutional article.