Constitutional and Statutory Bodies: RAS Prelims MCQs
55 RAS Prelims MCQs on constitutional and statutory bodies deal with the Election Commission, the Public Service Commissions, the NHRC, the National Commission for Women and NITI Aayog. The questions ask for the source of authority, appointing and removing authority, funding and the body to which each reports.
Practice questions based on the RPSC RAS Prelims syllabus. They follow the exam pattern but are not past-paper questions.
Showing 1–10 of 55 questions
Explanation
While the Constitution provides security of tenure and ensures service conditions are not varied to the disadvantage of the Chief Election Commissioner, it does not explicitly debar retiring commissioners from further government appointments. This omission is often cited as a weakness in the framework intended to safeguard the commission’s absolute independence. Other safeguards include the removal process for the Chief Election Commissioner and the requirement of his recommendation for the removal of other commissioners. However, the lack of a post-retirement bar distinguishes it from bodies like the Union Public Service Commission.Statement I: The CEC is appointed by the President of India.
Statement II: The CEC can be removed from office in the same manner and on the same grounds as a judge of the Supreme Court.
Which of the following statement(s) is/are correct?
Explanation
The President of India appoints the Chief Election Commissioner. To safeguard the office from executive interference, the removal process is stringent. The commissioner can only be removed from office in a manner and on grounds identical to a Supreme Court judge, which requires a special majority in both houses of Parliament. This constitutional protection ensures that the head of the election machinery can function without fear of arbitrary dismissal by the ruling party. The grounds for removal are limited to proved misbehavior or incapacity, mirroring the high standards set for the senior judiciary.| Articles | Provisions |
|---|---|
| A. Article 324 | i. Elections to the House of the People to be on the basis of adult suffrage |
| B. Article 325 | ii. Bar to interference by courts in electoral matters |
| C. Article 326 | iii. Superintendence, direction and control of elections |
| D. Article 329 | iv. No person to be ineligible for inclusion in electoral roll on grounds of religion, race, caste or sex |
Explanation
Article 324 vests election control in the commission. Article 325 mandates that no person is ineligible for inclusion in the electoral roll based on religion, race, caste, or sex. Article 326 establishes adult suffrage for Lok Sabha and Assembly elections. Article 329 bars court interference in specific electoral matters, preserving the commission’s role. These articles collectively form the constitutional framework for India’s electoral democracy. They ensure universal participation, prevent discrimination, and protect the finality of the electoral process from excessive litigation, thereby facilitating the smooth conduct of regular and fair periodic elections.Explanation
The Model Code of Conduct is a set of guidelines issued to regulate the conduct of political parties and candidates during elections. It comes into force immediately after the commission announces the election schedule. This timing ensures a level playing field by preventing the government from making populist announcements before polling. The code remains in effect until the completion of the entire election process. Its primary aim is to ensure that the ruling party does not misuse its official position or public resources to gain an unfair advantage over other contesting candidates or political parties.Explanation
The President of India is empowered by the Constitution to appoint the Chief Election Commissioner and other members of the commission. This appointment is made based on the advice of the executive. Recent legal developments have also emphasized a consultative process to ensure the selection remains transparent and maintains the commission’s institutional integrity. While the President is the formal appointing authority, the Constitution allows Parliament to make laws regarding the appointment process. The goal of this framework is to ensure that the individuals heading the election body are persons of integrity and are seen as impartial by all political stakeholders.Explanation
The commission performs an advisory function regarding the disqualification of members of the State Legislature. When such a question arises, the Governor is required to obtain the opinion of the commission and must act according to that opinion. This ensures that disqualification matters are handled with expert, non-partisan oversight. This advisory power is binding, making the commission a critical arbiter in maintaining the legislative standards of the states. A similar role is played at the national level, where the commission advises the President on the disqualification of Members of Parliament, reinforcing its role as a constitutional watchdog.I. It acts as a quasi-judicial body to settle disputes relating to the split of recognized political parties.
II. It advises the President whether elections can be held in a state under President’s rule in order to extend the period of emergency after one year.
III. It cancels polls in the event of rigging, booth capturing, or violence.
IV. It determines the code of conduct to be observed by political parties.
Which of the above statement(s) is/are correct?
Explanation
The commission exercises diverse powers, including acting as a quasi-judicial body for party disputes and advising the President on holding elections during emergencies. It also has the authority to cancel polls in cases of electoral malpractices like rigging. Establishing the code of conduct for political parties remains a crucial administrative function. These functions highlight the commission’s comprehensive role in safeguarding the democratic process. By combining administrative, advisory, and quasi-judicial powers, it can effectively manage the entire electoral cycle, from the initial preparations and party recognition to the final certification of results and resolution of operational disputes.Explanation
Once the commission announces election dates, ministers and other authorities are prohibited from announcing financial grants, laying foundation stones, or making promises of public projects. Such actions are viewed as attempts to influence voters through the use of official position, thus constituting a direct violation of the Model Code of Conduct. While the code is not a law passed by Parliament, its enforcement by the commission is backed by constitutional authority. Violations can lead to strict warnings, censures, or even the filing of criminal cases under other laws, ensuring that those in power do not abuse state resources for electoral gain.Explanation
A party becomes a National Party by meeting the Election Commission’s criteria, which are based on a minimum share of valid votes and seats in Lok Sabha or State Assembly elections.Answer key for these questions
| Q | Correct answer |
|---|---|
| 1 | (b) Article 324 |
| 2 | (a) The Constitution has debarred retiring Election Commissioners from any further appointment by the government. |
| 3 | (a) Both Statement I and Statement II are correct |
| 4 | (a) A-iii, B-iv, C-i, D-ii |
| 5 | (c) Immediately upon the announcement of the election schedule by the Election Commission |
| 6 | (d) The President of India |
| 7 | (a) It advises the Governor on matters relating to the disqualification of members of the State Legislature. |
| 8 | (d) I, II, III and IV |
| 9 | (b) A violation of the Model Code of Conduct |
| 10 | (a) Its performance in securing a minimum percentage of valid votes and seats in Lok Sabha or State Assembly elections |
Key facts from Constitutional and Statutory Bodies
- Article 324 vests superintendence, direction and control of elections in the Election Commission; the President appoints the Chief Election Commissioner and the other Election Commissioners.
- A political party gets National Party status if it meets the Election Commission’s criteria on vote share and seats.
- The UPSC submits its annual report to the President; a State Public Service Commission submits it to the Governor.
- The NHRC is a statutory body under the Protection of Human Rights Act, 1993, funded by grants-in-aid from the Centre.
- A member of a Public Service Commission is removed by the President after a Supreme Court inquiry on a reference.
- NITI Aayog (National Institution for Transforming India) was set up on 1 January 2015; its Vice-Chairperson is appointed by the Prime Minister.
Frequently asked questions
How many RAS Prelims practice MCQs are there on Constitutional and Statutory Bodies?
This page has 55 practice MCQs on Constitutional and Statutory Bodies (Indian Polity and Governance). Each has the correct answer, and most have an explanation.
Under which Article does the Election Commission work?
Article 324. It gives the Election Commission the superintendence, direction and control of the preparation of electoral rolls and the conduct of elections to Parliament, State Legislatures and the offices of President and Vice President.
When was NITI Aayog established?
On 1 January 2015, by a resolution of the Union Cabinet, replacing the Planning Commission. NITI stands for National Institution for Transforming India, and the Prime Minister is its Chairperson.
To whom does a State Public Service Commission report?
To the Governor, who places the annual report before the State Legislature. The UPSC reports to the President, who lays its report before Parliament, along with a memorandum explaining any case in which its advice was not accepted.