UPSC Prelims Research: Indian Polity 2013

Q. Which one of the following statements is correct?

(a) In India, the same person cannot be appointed as Governor for two or more States at the same time.

(b) The Judges of the High Court of the States in India are appointed by the Governor of the State just as the Judges of the Supreme Court are appointed by the President.

(c) No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post.

(d) In the case of a Union Territory having a legislative setup, the Chief Minister is appointed by the Lt. Governor on the basis of majority support.

Answer: (c) No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post.

Notes:

• According to the 7th Constitutional Amendment Act of 1956, the same person can be appointed as Governor for two or more States at the same time.
• The High Court Judges are also appointed by the President as in the case of Judges of the Supreme Court. But, the procedure is slightly different. The appointment of Chief Justice of High Court is dealt with in Article 217 of the Constitution which states that he is appointed by the President in consultation with the Chief justice of India as well as the Governor of the state in question. The collegium headed by the Chief Justice of India gives recommendations for the appointment of High Court Judges.
• The Section 45 in the Government of Union Territories Act, 1963 states that the Chief Minister must be appointed by the President. Rest of the Ministers are appointed by the President on the advice of the Chief Minister.

7th Amendment of Indian Constitution:

• There are many famous people involved who supported this Act. Some of them are- Pt. Jawaharlal Nehru, Sardar Vallabhbhai Patel, Dr. B. R. Ambedkar, Potti Sreeramulu, Dr. Rajendra Prasad, Feroze Gandhi and many others.
• This Act was formed due to some of the reasons stated below:
  • Demand for Linguistic States: After India gained independence in 1947, there was an increase in linguistic communities’ aspirations for the establishment of states based on their respective languages.
  • Potti Sreeramulu’s Sacrifice: A well-known social activist named Potti Sreeramulu made the ultimate sacrifice by going on a hunger strike to call for the establishment of a separate Telugu-speaking Andhra state.
  • Public Approach: Support for linguistic states was greatly aided by grassroots movements and public opinion in India’s many linguistic areas.
  • Administrative Effectiveness: Reorganizing states according to their respective languages was thought to increase administrative effectiveness. States with populations who speak the same language were thought to have better communication, better government, and a shared cultural identity.
• Major Provisions of the 7th Amendment of Indian Constitution
  • Reorganization of States: The primary purpose of the amendment was to reorganize states in India along linguistic lines.
  • Renaming of States: The amendment led to the renaming of certain states to reflect the linguistic and cultural identities of the people residing there.
  • Abolition of Part B States: The classification of states as Part A, Part B, and Part C was abolished.
  • Redefining Union Territories: The amendment also redefined the status and administration of certain Union Territories to better reflect the changing political and administrative landscape of the country.
  • Extended the jurisdiction of high courts to union territories.
  • Provided for the establishment of a common high court for two or more states.
  • Provided for the appointment of additional and acting judges of the high court.

Appointment of HC Judges:

• Article 217 of the Constitution: It states that the Judge of a High Court shall be appointed by the President in consultation with the Chief Justice of India (CJI), the Governor of the State.
  • In the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court is consulted.
• Consultation Process: High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
  • The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
  • The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.
  • The Chief Justice of the High Court is appointed as per the policy of having Chief Justices from outside the respective States.
    • The Collegium takes the call on the elevation.
• Ad-hoc Judges: The appointment of retired judges was provided for in the Constitution under Article 224A.
  • Under the Article, the Chief Justice of a High Court for any State may at any time, with the previous consent of the President, request any person who has held the office of judge of that court or of any other High Court to sit and act as a judge of the High Court for that State.
  • Recently, the Supreme Court pushed for the appointment of retired judges to battle the pendency of cases in High Courts.
    • It orally outlined prospective guidelines for the appointment and functioning of an ad-hoc judge.

Q. Which of the following bodies does not/do not find mention in the Constitution?

1. National Development Council
2. Planning Commission
3. Zonal Councils

Select the correct answer using the codes given below

(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2 and 3 only

Answer: (d) 1, 2 and 3 only

Notes:

• The Constitution of India does not mention the National Development Council, Planning Commission or Zonal Councils. These are all bodies that were created by the government through acts of Parliament or executive orders.

Constitutional Bodies

• Election Commission of India
• State Election Commission’s Autonomy
• Need to set up State Finance Commission
• Constitutional Status for National Commission for Backward Classes
• National Commission for Scheduled Tribes (NCST)
• Comptroller and Auditor-General of India (CAG)
• Attorney General of India
• Tribunals
• Supreme Court of India

Non-Constitutional Bodies

• Council of Scientific and Industrial Research (CSIR)
• National Investigation Agency
• Food Corporation of India (FCI)
• Competition Commission of India
• Law Commission of India
• Central Vigilance Commission (CVC)
• Securities and Exchange Board of India (SEBI)
• National Bank for Agriculture and Rural Development (NABARD)
• National Human Rights Commission (NHRC)
• State Human Right Commission
• Defence Research and Development Organisation (DRDO)
• Lokpal and Lokayukta
• Indian Space Research Organisation (ISRO)
• NITI Aayog (National Institution for Transforming India)
• National Development Council
• Food Safety and Standards Authority of India (FSSAI)
• National Green Tribunal (NGT)
• Central Bureau of Investigation (CBI)
• Central Vigilance Commission
• Reserve Bank of India
• Financial Stability and Development Council
• Lokpal and Lokayuktas
• Central Information Commission
• State Information Commission

Zonal Councils

• Background:
  • The idea of creation of Zonal Councils was mooted by the first PM Nehru in 1956.
  • This was suggested during the course of debate on the report of the States Re-organisation Commission
  • It was suggested that a high-level advisory forum should be set up:
    • to minimise the impact of linguistic hostilities prevailed at that time;
    • to create healthy inter-State and Centre-State environment.
• Zonal Council:
  • In the light of the idea promoted by the then PM Nehru, five Zonal Councils were set up under the States Re-organisation Act, 1956.
    • Zonal Councils are the statutory and not the constitutional bodies.
  • The five councils are:
    • The Northern Zonal Council; The Central Zonal Council; The Eastern Zonal Council; The Western Zonal Council; The Southern Zonal Council.
  • The North Eastern States are not included in the Zonal Councils.
    • Their special problems are looked after by the North Eastern Council, set up under the North Eastern Council Act, 1972.
• The main objectives of setting up of Zonal Councils are as under:
  • Bringing out national integration;
  • Arresting the growth of acute State consciousness, regionalism, linguistic and particularistic tendencies;
  • Enabling the Centre and the States to co-operate and exchange ideas and experiences;
  • Establishing a climate of co-operation amongst the States for successful and speedy execution of development projects.
• Organisational structure
  • Chairman
    • The Union Home Minister is the Chairman of each of these Councils.
  • Vice Chairman
    • The Chief Ministers of the States included in each zone act as Vice-Chairman of the Zonal Council for that zone by rotation, each holding office for a period of one year at a time.
  • Members
    • Chief Minister and two other Ministers as nominated by the Governor from each of the States and two members from Union Territories included in the zone.
  • Advisers
    • One person nominated by the Planning Commission (now NITI Aayog) for each of the Zonal Councils,
    • Chief Secretaries and another officer/Development Commissioner nominated by each of the States included in the Zone
  • Union Ministers are also invited to participate in the meetings of Zonal Councils depending upon necessity.
• Functions:
  • Each Zonal Council is an advisory body and may discuss any matter in which some or all of the States represented in that Council have a common interest.
  • It may advise the Central Government and the Government of each State concerned upon the action to be taken on any such matter.
  • In particular, a Zonal Council may discuss, and make recommendations with regard to:
    • any matter of common interest in the field of economic and social planning;
    • any matter concerning border disputes, linguistic minorities or inter-State transport;
    • any matter connected with or arising out of, the re-organization of the States under the States Reorganisation Act.

National Development Council

• The National Development Council (NDC) or Rashtriya Vikas Parishad functions as the highest authority for decision-making and discussions concerning development matters in India, chaired by the Prime Minister.
• It was established on August 6, 1952, with the aim of consolidating and mobilizing the nation’s efforts and resources to support the Five Year Plans outlined by the Planning Commission.
• Its objectives include promoting consistent economic policies across key areas and ensuring balanced and swift development in all regions of the country.
• The Council consists of the Prime Minister, Union Cabinet Ministers, Chief Ministers of all States or their representatives, Union Territory representatives, and members of the NITI Aayog (formerly known as the Planning Commission).
• Objectives:
  • To create a nation free of exploitation and poverty
  • To achieve equality, decent governance, rights, and a welcoming environment.
  • To reduce violence against women while advocating for human rights, fair governance, and gender equality.
  • To strengthen civil society, CBO, and UP capacities in local-level planning and management.
  • Providing standard and extensive quality services wins organizational sustainability.
  • To ensure state collaboration in carrying out the Plan.
  • To strengthen and mobilize the nation’s efforts and resources to support the Plan.
  • To support unified economic policies in all domains of government.
  • To ensure the balanced and speedy growth of the entire country.
  • To provide underprivileged and troubled women with advocacy and legal assistance.
• Function And Mandates:
  • To define criteria for forming the National Plan, including the appraisal of Plan resources.
  • Consider major social and economic policy issues affecting country growth.
  • To conduct periodic reviews of the Plan’s operation and recommend steps necessary to achieve the purposes and targets outlined in the National Plan.
  • To consider important issues of social and economic policy affecting national development.
  • To improve the efficiency of administrative services and ensure the fullest development of less developed regions and sectors.
• New Role of NDC:
  • NITI Aayog was established in 2015 to replace the Planning Commission. The NDC has been given a new role in the form of the Governing Council of the NITI Aayog. 
  • The NDC now serves as a platform for cooperative federalism in India. It brings together the PM, CMs of all states and UTs, and other senior officials to discuss and coordinate national development priorities.
  • Its key functions include:
    • identifying key policy priorities and goals, 
    • reviewing and monitoring the progress of ongoing schemes and programs, and 
    • Providing guidance and recommendations on policy and development-related issues.
  • The NDC also plays a critical role in ensuring key government schemes and initiatives are effectively implemented. 
  • The new role of the NDC is seen as a step towards strengthening the federal structure of the country.
    • It promotes greater collaboration between the central and state governments. 
    • It also ensures a more inclusive and participatory approach to national development.

Q. The Government enacted the Panchayat Extension to Scheduled Areas (PESA) Act in 1996. Which one of the following is not identified as its objective?

(a) To provide self-governance

(b) To recognize traditional rights

(c) To create autonomous regions in tribal areas

(d) To free tribal people from exploitation

Answer: (c) To create autonomous regions in tribal areas

Panchayat Extension to Scheduled Areas (PESA) Act, 1996:

• To promote local self-governance in rural India, the 73^rd constitutional amendment was made in 1992.
• Through this amendment, a three-tier Panchayati Raj Institution was made into a law.
  • However, its application to the scheduled and tribal areas under Article 243(M) was restricted.
• After the Bhuria Committee recommendations in 1995, Panchayat Extension to Scheduled Areas (PESA) Act 1996 came into existence for ensuring tribal self-rule for people living in scheduled areas of India.
• The PESA conferred the absolute powers to Gram Sabha, whereas state legislature has given an advisory role to ensure the proper functioning of Panchayats and Gram Sabhas.
  • The power delegated to Gram Sabha cannot be curtailed by a higher level, and there shall be independence throughout.
• The PESA is considered to be the backbone of tribal legislation in India.
• PESA recognises the traditional system of the decision-making process and stands for the peoples’ self-governance.
• Following powers and functions have been provided to the Gram Sabhas:
  • Right to mandatory consultation in land acquisition, resettlement and rehabilitation of displaced persons.
  • Protection of traditional belief, the culture of the tribal communities
  • Ownership of minor forest products
  • Resolution of the local disputes
  • Prevention of land alienation
  • Management of village markets
  • Right to control production, distillation, and prohibition of liquor
  • Exercise of control over money-lending
  • Any other rights involving the Scheduled Tribes.

Q. Consider the following statements:

1. National Development Council is an organ of the Planning Commission.
2. The Economic and Social Planning is kept in the Concurrent List in the Constitution of India.
3. The Constitution of India prescribes that Panchayats should be assigned the task of preparation of plans for economic development and social justice.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Answer: (b) 2 and 3 only

Notes:

• NDC is listed as an advisory body to the Planning commission. Moreover, the plans made by the Planning commission are placed before NDC for its acceptance. 
  • NDC used to advise PC on planning and included all CMs and union ministers etc.
• The Economic and Social Planning is kept in the Concurrent List in the Constitution of India.
• The Constitution of India prescribes that Panchayats should be assigned the task of preparation of plans for economic development and social justice.
• The 73rd Amendment 1992 added a new Part IX to the constitution titled “The Panchayats” covering provisions from Article 243 to 243(O); and a new Eleventh Schedule covering 29 subjects within the functions of the Panchayats.

Q. Who among the following constitute the National Development Council?

1. The Prime Minister
2. The Chairman, Finance Commission
3. Ministers of the Union Cabinet
4. Chief Ministers of the States

Select the correct answer using the codes given below

(a) 1, 2 and 3 only
(b) 1, 3 and 4 only
(c) 2 and 4 only
(d) 1, 2, 3 and 4

Answer: (b) 1, 3 and 4 only

Notes:

• The Council comprises the Prime Minister, the Union Cabinet Ministers, Chief Ministers of all States or their substitutes, representatives of the Union Territories and the members of the NITI Aayog (erstwhile Planning Commission).
  • NDC (National Development Council) has been proposed to be abolished. But till date no resolution has been passed to abolish it. Since the inception of NITI Aayog’s Governing Council (which has almost the same composition and roles as NDC), the NDC has had no work assigned to it nor did it have any meetings.
  • In 2014, Prime Minister Narendra Modi announced Planning Commission’s abolition and created NITI Aayog through an executive resolution.
    • It is neither a constitutional body nor a statutory body.

Q. Under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, who shall be the authority to initiate the process for determining the nature and extent of individual or community forest rights or both?

(a) State Forest Department

(b) District Collector/Deputy Commissioner

(c) Tahsildar/Block Development Officer/Mandal Revenue Officer

(d) Gram Sabha

Answer: (d) Gram Sabha

Notes:

• The Gram Sabha shall be the authority to initiate the process for determining the nature and extent of individual or community forest rights or both that may be given to the forest dwelling Scheduled Tribes and other traditional forest dwellers within the local limits of its jurisdiction under this Act by receiving claims, consolidating and verifying them and preparing a map delineating the area of each recommended claim in such manner as may be prescribed for exercise of such rights and the Gram Sabha shall, then, pass a resolution to that effect and thereafter forward a copy of the same to the Sub-Divisional Level Committee.
• According to Section 6(7) of FRA, the State Level Monitoring Committee has to perform the following functions:
  • Monitor the process of recognition and vesting of forest rights.
  • Submit to the Nodal Agency, the returns and reports demanded by it.
• According to Section 11 of the FRA, the following may be the Nodal Agency:
  • Ministry of Tribal Affairs
  • Any officer or authority authorized by the Central Government on this behalf.
• The State Governments/UTs ensure that no eligible claim is rejected.

Q. Consider the following statements:

1. An amendment to the Constitution of India can be initiated by an introduction of a bill in the Lok Sabha only.
2. If such an amendment seeks to make changes in the federal character of the constitution, the amendment also requires to be ratified by the legislature of all the states of India.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (d) Neither 1 nor 2

Notes:

• An amendment of the Constitution can be initiated only by the introduction of a Bill in either House of Parliament.
  • The Bill must then be passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.
• Federal provisions of the Constitution can be amended only after the ratification by the legislatures of half of the states by a simple majority.

Q. ‘Economic Justice’ as one of the objectives of the Indian Constitution has been provided in

(a) The Preamble and the Fundamental Rights

(b) The Preamble and the Directive Principles of State Policy

(c) The Fundamental Rights and the Directive Principles of State Policy

(d) None of the above

Answer: (b) The Preamble and the Directive Principles of State Policy

Notes:

• According to the Preamble-
  • The source of authority of the Indian Constitution lies with the Indian people.
  •  India is a Sovereign, Socialist, Secular, Democratic, and Republic nation.
  • Objectives – to secure justice, liberty, and equality for all citizens and promote fraternity so as to maintain the unity and integrity of India.
  • The Preamble of the Indian Constitution secures the Social, Economic, and Political Justice of its people.
  • The Preamble of the Indian Constitution gives Liberty of Thought, Expression, Belief, Faith, and Worship to its people.
  • The Preamble of the Indian Constitution gives  Equality of Status and Opportunity to its people.
• DPSP:
  • These are the 15 guidelines given to the federal institutes governing the State of India that are to be kept under consideration while forming the laws.
  • These are moral obligations and not legal bindings on the state authorities.
  • Articles 36-51 in Part IV of the Indian Constitution contain the DPSP.
  • Borrowed from the Irish Constitution.
  • As per Article 38 of the DPSP, the state shall strive to promote the welfare of the people of India by securing and protecting their Social, Economic, and Political justice.

Q. According to the Constitution of India, which of the following are fundamental for the governance of the country?

(a) Fundamental Rights

(b) Fundamental Duties

(c) Directive Principles of State Policy

(d) Fundamental Rights and Fundamental Duties

Answer: (c) Directive Principles of State Policy

Notes:

• The Constitution itself declares that the Directive Principles of State Policy are fundamental to the governance of the country.
• These are the constitutional instructions or recommendations to the State in legislative, executive, and administrative matters.

Q. What will follow if a Money Bill is substantially amended by the Rajya Sabha?

(a) The Lok Sabha may still proceed with the Bill, accepting or not accepting the recommendations of the Rajya Sabha

(b) The Lok Sabha cannot consider the Bill further

(c) The Lok Sabha may send the Bill to the Rajya Sabha for reconsideration

(d) The President may call a joint sitting for passing the Bill

Answer: (a) The Lok Sabha may still proceed with the Bill, accepting or not accepting the recommendations of the Rajya Sabha

Notes:

• As per the provisions of Article 109 of the Constitution, the Rajya Sabha has limited powers in relation to the Money Bill.
• After a Money Bill is passed by the Lok Sabha, it is sent to the Rajya Sabha.
• It is to be sent back to the Lok Sabha with recommendations or without recommendations within a period of fourteen days from the date of its receipt by the Rajya Sabha.
• The Lok Sabha is free to accept or reject all or any of the recommendations of the Rajya Sabha.

Q. Consider the following statements:

Attorney General of India can

1. Take part in the proceedings of the Lok Sabha
2. Be a member of a committee of the Lok Sabha
3. Speak in the Lok Sabha
4. Vote in the Lok Sabha

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 and 4 only
(c) 1, 2 and 3 only
(d) 1 and 3 only

Answer: (c) 1, 2 and 3 only

Attorney General of India (AGI):

• Under Article 76, The Constitution of India has provided for the office of the Attorney General (AG) for India.
  • He is the highest law officer in the country.
  • As a chief legal advisor to the government of India, he advises the union government on all legal matters.
  • He is also the primary lawyer representing the Union Government in the Supreme Court and High Court of India. 
• The Attorney General of India (AGI) is a part of the Union Executive.
  • The Union Executive consists of:
    • The President,
    • The Vice-President,
    • The Prime Minister,
    • The Council of Ministers (CoM), and
    • The Attorney General of India (AGI).
  • It is to be noted that the Attorney General of India (AGI) is not a member of the Central Cabinet. There is a separate Law Minister to look after legal matters at the government level.
• Qualifications:
  • To be appointed as the Attorney General of India (AGI), a person should be eligible to be appointed as a judge of the Supreme Court. Thus, he/she
    • Must be a citizen of India, and
    • Must have been a judge of a High Court for 5 years; OR an advocate of a High Court for 10 years; OR a distinguished jurist in the opinion of the President of India.
• Term: The term of office of the Attorney General is not fixed by the Constitution.
• Removal:
  • The Constitution does not contain the procedure and grounds for the removal of the Attorney General.
  • He holds office during the pleasure of the President.
    • Thus, he/she may be removed by the President at any time.
• Resignation:
  • The Attorney General may quit his office by submitting his resignation to the President of India.
    • It has been a convention that he/she resigns when the government (Council of Ministers) resigns or is replaced, as he is appointed on the advice of the Council of Ministers.
• Remuneration:
  • The remuneration of the Attorney General is not fixed by the Constitution.
    • He receives such remuneration as determined by the President.

Duties and Functions of Attorney General of India

In the capacity of the Chief Law Officer of the Government of India, the Attorney General of India has to perform the following duties:

• To advise the Government of India upon such legal matters, which are referred to him by the President.
• To perform such other duties of a legal character that are assigned to him by the President.
• To discharge the functions conferred on him by the Constitution or any other law.

Additionally, the President of India has assigned the following duties to the Attorney General of India (AGI):

• To appear on behalf of the Government of India in all cases in the Supreme Court in which the Government of India is concerned.
• To represent the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution.
• To appear (when required by the Government of India) in any High Court in any case in which the Government of India is concerned.

Rights of Attorney General of India (AGI)

The Attorney General of India has the following rights:

• He/she has the ‘Right of Audience’ in all courts in the territory of India in the performance of his/her official duties.
• He/she has the ‘Right to Speak’ and to ‘Take part in the Proceedings’ of both the Houses of Parliament or their joint sitting and any committee of the Parliament of which he may be named a member but without a right to vote.
• He enjoys all the privileges and immunities that are available to a Member of Parliament.

Limitations of Attorney General of India

In order to avoid any conflict of duty or any complications therein, the following limitations are placed on the Attorney General of India (AGI):

• He should not advise or hold a brief against the Government of India.
• He should not advise or hold a brief in cases in which he is called upon to advise or appear for the Government of India.
• He should not defend accused persons in criminal prosecutions without the permission of the Government of India.
• He should not accept an appointment as a Director in any company or corporation without the permission of the Government of India.
• He should not advise any Ministry or Department of the Government of India or any Statutory Organization or any Public Sector Undertaking unless the proposal or a reference in this regard is received through the Ministry of Law and Justice, Department of Legal Affairs.

Q. The Parliament can make any law for whole or any part of India for implementing international treaties

(a) With the consent of all the States

(b) With the consent of the majority of States

(c) With the consent of the States concerned

(d) Without the consent of any State

Answer: (d) Without the consent of any State

Notes:

• The Constitution of India provides for a federal system of government of the country.
• It has divided powers (legislative, executive, and financial) between the union and the states. 
• Articles 245 to 255 in Part XI of the Constitution deal with the legislative relations between the union and the states. Besides these, there are some other constitutional provisions dealing with the same subject.
• The constitution empowers parliament to make laws on any matter in-state list under five extraordinary circumstances –
  • Rajya Sabha passes the resolution
  • National emergency
  • States make a request
  • To implement international agreements
  • During the president’s rule
• The Indian Constitution also divides the legislative powers between the center and the states with respect to both the territory and the subjects of legislation like any other Federal Constitution.
• The Parliament can alone make ‘extra-territorial legislation’ thus the laws of the Parliament are applicable to the Indian citizens and their property in any part of the world.
• Subject to the provisions of the Constitution, a state legislature may make laws for the whole or any part of the state to which it belongs.
• It is not possible for a state legislature to enlarge its territorial jurisdiction under any circumstances, except when the boundaries of the state itself are widened by an act of the Parliament.

Q. Consider the following statements:

The Parliamentary Committee on Public Accounts

1. consists of not more than 25 Members of the Lok Sabha
2. scrutinizes appropriation and finance accounts of the Government
3. examines the report of the Comptroller and Auditor General of India

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 and 3 only
(c) 3 only
(d) 1, 2 and 3

Answer: (b) 2 and 3 only

Public Accounts Committee (PAC):

• PAC is one of the three Financial Parliamentary committees, the other two are the Estimates Committee and the Committee on Public Undertakings.
• Parliamentary committees draw their authority from Article 105 (on privileges of Parliament members) and Article 118 (on Parliament’s authority to make rules for regulating its procedure and conduct of business).
• Establishment:
  • The Public Accounts Committee was introduced in 1921 after its first mention in the Government of India Act, 1919 also called Montford Reforms.
  • The Public Accounts Committee is now constituted every year under Rule 308 of the Rules of Procedure and Conduct of Business in Lok Sabha.
• Appointment:
  • The Chairman of the Committee is appointed by the Speaker of Lok Sabha.
    • It is to be noted that the Committee, not being an executive body, can only make decisions that are advisory by nature.
• Members:
  • It presently comprises 22 members (15 members elected by the Lok Sabha Speaker, and 7 members elected by the Rajya Sabha Chairman) with a term of one year only.
• Purpose:
  • It was framed with the purpose of ascertaining whether money granted to the Government by the Parliament has been spent by the former within the “scope of demand” or not, the PAC restricts any Minister from being elected as a member of it.
• Functions:
  • To examine the accounts showing the appropriation of the sums granted by the House to meet the expenditure, the annual Finance Accounts of the government and,
    • Such other accounts laid before the House as the Committee may think fit except those relating to such Public Undertakings as are allotted to the Committee on Public Undertakings.
  • Apart from the Reports of Comptroller and Auditor General of India (CAG) on Appropriation Accounts of the Government, the Committee examines the various Audit Reports of the CAG on revenue receipts, expenditure by various Ministries/Departments of Government and accounts of autonomous bodies.
  • The Committee looks upon savings arising from incorrect estimating or other defects in procedure no more leniently than it does upon excesses.

Q. In the context of India, which of the following principles is/are implied institutionally in the parliamentary government?

1. Members of the Cabinet are Members of the Parliament.
2. Ministers hold the office till they enjoy confidence in the Parliament.
3. Cabinet is headed by the Head of the State.

Select the correct answer using the codes given below.

(a) 1 and 2 only
(b) 3 only
(c) 2 and 3 only
(d) 1, 2 and 3

Answer: (a) 1 and 2 only

Features of Parliamentary Government

• Nominal and Real Executives: The President is the nominal executive (also known as the de jure or titular executive), whereas the Prime Minister is the real executive (de facto executive). As a result, the President is the President of the State, whereas the Prime Minister is the Prime Minister of the Government.
• Double Membership: The Prime Minister and the Council of Ministers serve as the executive, while the Parliament serves as the legislature. Members of parliament elect the Prime Minister and ministers, meaning that the executive comes from the legislative.
• Collective Responsibility: The executive has a collective responsibility to the legislative. There is a collective responsibility, which means that each minister’s responsibilities are shared by the entire Council.
• Secrecy of procedure: A requirement of this type of administration is that cabinet proceedings be kept secret and not made public.
• Prime Ministerial Leadership: The Prime Minister is in charge of this system of administration.
• Majority Party Rule: The Prime Minister is usually appointed by the leader of the party that obtains a majority in the lower chamber.
• Bicameral Legislature: Bicameral legislatures are used in most parliamentary democracies.
• Political Homogeneity: Members of the council of ministers are usually from the same political party, and so have similar political ideologies. The ministers in a coalition government are bound by consensus.
• No fixed term: The government’s term is determined by the lower house’s majority support. The council of ministers must resign if the government fails to win a vote of no confidence. There will be elections, and a new government will be formed.

Q. Consider the following statements:

1. The Council of Ministers in the Centre shall be collectively responsible to the Parliament.
2. The Union Ministers shall hold the office during the pleasure of the President of India.
3. The Prime Minister shall communicate to the President about the proposals for legislation.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Answer: (b) 2 and 3 only

Notes:

• The Council of Ministers in the Centre shall be collectively responsible to Lok Sabha, not parliament.
• Article 75(2): The Union Ministers shall hold the office during the pleasure of the President of India.
• Article 78(1): The Prime Minister shall communicate to the President about the proposals for legislation.

Council of Ministers (CoM)

• The Council of Ministers (COM) is the highest decision-making body in the government, headed by the Prime Minister.
• According to the 91st Constitutional Amendment Act 2003, The total number of ministers, including the Prime Minister, in the Central Council of Ministers shall not exceed 15 percent of the total strength of the Lok Sabha.
• In India, the Council of Ministers is divided into the following levels:
  • Ministers are responsible for heading the ministries and departments of the Central government.
  • Ministers of State are those who may be given independent charge of specific departments or may assist cabinet ministers.
  • Deputy Ministers assist both cabinet ministers and ministers of state in their administrative, political, and parliamentary duties.
  • Additionally, the Prime Minister may suggest appointing a Deputy Prime Minister, usually for political reasons.

Constitutional provisions pertaining to the Council of Ministers(CoM)

Article 74

• There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.
• Advice tendered by Ministers to the President shall not be inquired into in any court.

Article 75

• The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.
• The Minister shall hold office during the pleasure of the President.
• The Council of Ministers shall be collectively responsible to the House of the People.
• Before a Minister enters his office, the President shall administer the oaths of office and secrecy according to the forms set out in the Third Schedule.
• A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period, cease to be a Minister.
• The salaries and allowances of Ministers shall be such as Parliament may from time to time by law determine and, until Parliament so determines, shall be as specified in the Second Schedule.

Article 77

• All executive action of the Government of India shall be expressed to be taken in the name of the President.
• Orders and other instruments made and executed in the name of the President shall be authenticated as may be specified in rules to be made by the President. The validity of an order or instrument so authenticated shall not be called into question on the ground that it is not an order or instrument made or executed by the President.
• The President shall make rules for the more convenient transaction of the business of the Government of India and for the allocation among Ministers of the said business.

Article 78

• It shall be the duty of the Prime Minister to communicate to the President all decisions of the council of Ministers relating to the administration of the affairs of the union and proposals for legislation.
• It shall be the duty of the Prime Minister to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for.
• It shall be the duty of the Prime Minister, if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

Article 88

• Every Minister shall have the right to speak in and otherwise to take part in the proceedings of either House, any  joint sitting of the Houses, and any committee of Parliament, of which he may be named a member.

Q. Consider the following statements:

1. The Chairman and the Deputy Chairman of the Rajya Sabha are not the members of that House.
2. While the nominated members of the two Houses of the Parliament have no voting right in the presidential election, they have the right to vote in the election of the Vice-President.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (b) 2 only

Notes:

• The Vice President of India is the ex-officio Chairman of the Rajya Sabha, who presides over its sessions. But he is not the member of that house. However, the Deputy Chairman, who takes care of the day-to-day matters of the House in the absence of the Chairman, is elected from amongst the members of the Rajya Sabha. Thus, Deputy Chairman is the member of the House.
• The Vice President is elected by the elected as well as nominated members of both the Rajya Sabha and the Lok Sabha. But they have no voting rights in Presidential elections.

Q. With reference to National Legal Services Authority, consider the following statements:

1. Its objective is to provide free and competent legal services to the weaker sections of the society on the basis of equal opportunity.
2. It issues guidelines for the State Legal Services Authorities to implement the legal programmes and schemes throughout the country.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither I nor 2

Answer: (c) Both 1 and 2

National Legal Service Authority (NALSA):

• The NALSA was founded in 1995 under the Legal Services Authorities Act of 1987 to monitor and review the effectiveness of legal aid programs and to develop rules and principles for providing legal services under the Act.
• It also distributes funding and grants to state legal services authorities and non-profit organisations to help them execute legal aid systems and initiatives.
• In every State, State Legal Services Authority has been constituted to give effect to the policies and directions of the NALSA and to give free legal services to the people and conduct Lok Adalats in the State.
  • ​NALSA issues guidelines for the State Legal Services Authorities to implement the legal programmes and schemes throughout the country.
• Constitutional Provisions:
  • Article 39A of the Constitution of India provides that State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disability.
  • Articles 14 and 22(1) also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on a basis of equal opportunity to all.
• Objectives of Legal Services Authorities:
  • Provide free legal aid and advice.
  • Spread legal awareness.
  • Organise lok adalats.
  • Promote settlements of disputes through Alternative Dispute Resolution (ADR) Mechanisms. Various kinds of ADR mechanisms are Arbitration, Conciliation, Judicial settlement including settlement through Lok Adalat, or Mediation.
  • Provide compensation to victims of crime.
• The free legal services include:
  • Payment of court fees, process fees, and all other charges payable or incurred in connection with any legal proceedings;
  • Providing the service of lawyers in legal proceedings;
  • Obtaining and supply of certified copies of orders and other documents in legal proceedings.
  • Preparation of appeal, paper book, including printing and translation of documents in legal proceedings.
• Persons eligible for free legal services includes:
  • Women and children
  • Members of SC/ST
  • Industrial workmen
  • Victims of mass disasters, violence, flood, drought, earthquake, and industrial disaster.
  • Disabled persons.
  • Persons in custody
  • Persons whose annual income does not exceed Rs. 1 lakh (in the Supreme Court Legal Services Committee the limit is Rs. 5,00,000).
  • Victims of trafficking in human beings or beggars.

Legal Services Institutions at Various Levels:

• National Level: NALSA was constituted under the Legal Services Authorities Act, 1987. The Chief Justice of India is the Patron-in-Chief.
• State Level: State Legal Services Authority. It is headed by the Chief Justice of the State High Court who is its Patron-in-Chief.
• District Level: District Legal Services Authority. The District Judge of the District is its ex-officio Chairman.
• Taluka/Sub-Division Level: Taluka/ Sub-Divisional Legal Services Committee. It is headed by a senior Civil Judge.
• High Court: High Court Legal Services Committee
• Supreme Court: Supreme Court Legal Services Committee