Q. With reference to Union Budget, which of the following is/are covered under Non-Plan Expenditure?

  1. Defence expenditure
  2. Interest payments
  3. Salaries and pensions
  4. Subsidies

Select the correct answer using the code given below.

(a) 1 only
(b) 2 and 3 only
(c) 1, 2, 3 and 4
(d) None

Answer: (c) 1, 2, 3 and 4

Plan Expenditure:
  • All expenditures done in the name of planning (i.e. Five Year Plans) were called plan expenditures.
    • For example expenditure on electricity generation, irrigation and rural developments, construction of roads, bridges, canals, etc.
  • The government of India has now scrapped the plan and non-plan expenditures in budget exercise and are replaced by capital and revenue spending classifications. 
  • Plan Expenditure was earmarked for activities focused on creating assets, including physical, human, and social capital. This category aimed at fostering development and enhancing the country’s infrastructure.
  • Asset Creation Examples:
    • Projects such as building dams, roads, power plants, and investments in social and human capital were categorized as Plan Expenditure.
    • The goal was to contribute to long-term development objectives.
  • Perverse Effects:
    • Despite the positive intent, the classification led to unintended consequences. Asset maintenance, crucial for the sustainability of infrastructure, was designated as Non-plan Expenditure. This led to neglect of maintenance activities, creating a false perception of skewed spending priorities.
Non-plan Expenditure:
  • All expenditures other than plan expenditure were known as non-plan expenditure.
    • For example interest payments, salaries and pensions, statutory transfers to States and Union Territories governments, defence expenditure, etc.
  • Non-plan Expenditure covered maintenance activities and the upkeep of existing assets. This included routine expenditures to ensure the functionality and longevity of previously created infrastructure.
  • Maintenance Neglect:
    • The negative perception associated with Non-plan Expenditure resulted in a neglect of maintenance activities. The public viewed higher spending on maintenance as a diversion from capital formation, even though it was essential for the sustainability of assets.
Non-plan expenditure is spread across:
  • Expenditure incurred on Defence Services
  • Interest payments for debt
  • Subsidies (food, fertilisers, etc.)
  • Salaries and pensions of employees in various government services 
  • Economic services by the government such as Agriculture, Industry, Power, Science & Technology,
  • Loans and grants
  • Social services such as healthcare, education, social security
  • Police, etc.

Q. Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection?

(a) Second Schedule

(b) Fifth Schedule

(c) Eighth Schedule

(d) Tenth Schedule

Answer: (d) Tenth Schedule

Anti Defection Law
  • Defection refers to switching political allegiance, particularly when a member of a political party leaves the party and joins another party or becomes independent. 
  • The anti-defection law punishes individual Members of Parliament (MPs)/MLAs for leaving one party for another.
  • Parliament added it to the Constitution as the Tenth Schedule in 1985. Its purpose was to bring stability to governments by discouraging legislators from changing parties.
    • The Tenth Schedule – popularly known as the Anti-Defection Act – was included in the Constitution via the 52nd Amendment Act, 1985.
    • It sets the provisions for disqualification of elected members on the grounds of defection to another political party.
    • It was a response to the toppling of multiple state governments by party-hopping MLAs after the general elections of 1967.
  • However, it allows a group of MP/MLAs to join (i.e., merge with) another political party without inviting the penalty for defection. And it does not penalize political parties for encouraging or accepting defecting legislators.
    • As per the 1985 Act, a ‘defection’ by one-third of the elected members of a political party was considered a ‘merger’.
    • But the 91st Constitutional Amendment Act, 2003, changed this and now at least two-thirds of the members of a party must be in Favour of a “merger” for it to have validity in the eyes of the law.
  • The members disqualified under the law can stand for elections from any political party for a seat in the same House.
  • The decision on questions as to disqualification on ground of defection are referred to the Chairman or the Speaker of such House, which is subject to ‘Judicial review’.
    • However, the law does not provide a timeframe within which the presiding officer has to decide a defection case.
Grounds of Disqualification
  • Disqualification:
    • If an elected member voluntarily gives up his membership of a political party.
    • If he votes or abstains from voting in such House contrary to any direction issued by his political party or anyone authorized to do so, without obtaining prior permission.
      • As a pre-condition for his disqualification, his abstention from voting should not be condoned by his party or the authorized person within 15 days of such incident.
    • If any independently elected member joins any political party.
    • If any nominated member joins any political party after the expiry of six months.
  • Exceptions: The above disqualification on the ground of defection does not apply in the following two cases:
    • Merger: If a member goes out of his party due to a merger of the party with another party. A merger takes place when two-thirds of the members of the party have agreed to such a merger. 
    • Presiding Officer: If a member, after being elected as the presiding officer of the House, voluntarily gives up the membership of his party or rejoins it after he ceases to hold that office. This exemption has been provided in view of the dignity and impartiality of this office. 
  • Deciding Authority: The Speaker of the House or the Chairman of the Legislative Council, as the case may be, has the authority to decide on questions relating to defection, and his or her decision is final and cannot be challenged in any court.
  • Rule-Making Power: The presiding officer of a House is empowered to make rules to give effect to the provisions of the Tenth Schedule. According to the rules made so, the presiding officer can take up a defection case only when he receives a complaint from a member of the House. 

Q. Which of the following are associated with ‘Planning’ in India?

  1. The Finance Commission
  2. The National Development Council
  3. The Union Ministry of Rural Development
  4. The Union Ministry of Urban Development
  5. The Parliament

Select the correct answer using the code given below:

(a) 1, 2 and 5 only
(b) 1, 3 and 4 only
(c) 2 and 5 only
(d) 1, 2, 3, 4 and 5

Answer: (c) 2 and 5 only

Notes:
  • The Finance Commission
    • It is constituted by the President under article 280 of the Constitution to give its recommendations on the distribution of tax revenues between the Union and the States.
  • The National Development Council
    • It is presided over by the Prime Minister. It is an executive body established in August 1952.
    • This body is neither a constitutional nor a statutory body.
    • It is the apex body to take decisions on matters related to approval of five-year plans of the country.
    • This council has been proposed to be abolished.
  • The Union Ministry of Rural Development
    • It is entrusted with the task of accelerating the socio-economic development of rural India.
  • The Union Ministry of Urban Development
    • This Ministry is known as the Ministry of Housing and Urban Affairs.
    • It is entrusted with the formulation and administration of the rules and regulations and laws relating to the housing and urban development in India.
  • The Parliament
    • It is the supreme legislative body of the Republic of India.
    • The is directly responsible to make laws for the welfare of the society.

Q. In the Constitution of India, promotion of international peace and security is included in the

(a) Preamble to the Constitution

(b) Directive Principles of State Policy

(c) Fundamental Duties

(d) Ninth Schedule

Answer: (b) Directive Principles of State Policy

Notes:
  • Article 51 of the Constitution which is a Directive Principle of State Policy directs the state to promote international peace and security and maintain just and honorable relations between nations. It further directs the state to respect International law and treaty obligations and settle disputes peacefully.

Q. Which of the following are the discretionary powers given to the Governor of a State?

  1. Sending a report to the President of India for imposing the President’s rule
  2. Appointing the Ministers
  3. Reserving certain bills passed by the State Legislature for consideration of the President of India
  4. Making the rules to conduct the business of the State Government

Select the correct answer using the code given below.

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

Answer: (b) 1 and 3 only

Discretionary power of Governor 
  • Constitutional Discretion 
    • Article 201: He can give or withhold assent to Bills, return a Bill for reconsideration of the House concerned or both the Houses, reserving it for the consideration of the President.
    • Article 356: He advises the President on the issue of the failure of the constitutional machinery and recommends for the imposition of the President’s rule in the state concerned.   
    • Article 239 (2): Where the Governor is also appointed as administrator of some Union Territory in respect of administration of such territories he will act independently of his Cabinet. 
    • Article 167: He seeks information from the Chief Minister with regard to the administrative and legislative matters of the state. 
  • Situational Discretion of Governor 
    • The Governor can appoint a new Chief Minister in a situation where no single party or leader commands majority support.  
    • He can dissolve the Assembly on the advice of a Chief Minister who has lost majority support. 
    • He can dismiss a Ministry where the Ministry refuses to resign even after losing majority support in the House or after being defeated on a non-confidence motion. 
  • Other Situational Discretion Instances:
    • Establishing Development Boards:
      • The governor, while consulting the council of ministers, can ultimately act at their own discretion in establishing separate development boards for Vidarbha and Marathwada in Maharashtra, Saurashtra and Kutch in Gujarat, and the Hyderabad-Karnataka region in Karnataka.
    • Law and Order in Specific Regions:
      • Governors can exercise situational discretion with respect to law and order in specific regions, such as dealing with internal disturbance in the Naga Hills–Tuensang Area in Nagaland, administration of tribal areas in Assam, administration of hill areas in Manipur, and maintaining law and order in Arunachal Pradesh.
    • Peace and Development Initiatives:
      • Governors can act at their discretion for the peace and social and economic advancement of different sections of the population in Sikkim.
      • These discretionary powers are typically exercised within the bounds of constitutional principles and legal frameworks, ensuring the proper functioning of the democratic system.

Q. Consider the following statements:

  1. 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.
  2. All executive actions of the Government of India shall be expressed to be taken in the name of the Prime Minister.

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: (a) 1 only

Notes:
  • The Clause (3) of Article 77 of the Indian Constitution includes “Conduct of Business of the Government of India”.
  • It says that “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”.
  • The Clause (1) of Article 77 of the Indian Constitution includes that “All executive action of the Government of India shall be expressed to be taken in the name of the President“.
  • The Clause (2) of Article 77 of the Indian Constitution includes that “Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President”.

Q. Consider the following statements regarding a No-Confidence Motion in India:

  1. There is no mention of a No-Confidence Motion in the Constitution of India.
  2. A Motion of No-Confidence can be introduced in the Lok Sabha only.

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: (c) Both 1 and 2

Notes:
  • A No Confidence motion is a parliamentary procedure in the Lok Sabha.
  • It is not applicable in the Rajya Sabha.
  • This motion is a formal way for members of the Lok Sabha to express their lack of confidence in the Council of Ministers.
  • Article 75(3) of the Constitution embodies this rule by specifying that the Council of Ministers are collectively responsible to the Lok Sabha.
  • For testing this collective responsibility, the rules of Lok Sabha provide a particular mechanism – a motion of no-confidence.
    • The procedure is specified under Rule 198 of the Lok Sabha.
    • The Constitution does not mention either a Confidence or a No Confidence Motion.
Procedure of No Confidence Motion
  • Proposal: Any member of the Lok Sabha can propose a No Confidence motion against the Council of Ministers. To do this, they need to give a written notice to the Speaker of the Lok Sabha stating the reasons for their lack of confidence.
    • Under rules 198(1) and 198(5) of the Lok Sabha, it can be introduced only after the Speaker has called upon it.
    • To introduce a motion of no confidence against the Council of Ministers in the Lok Sabha, a Member of Parliament (MP) needs the backing of at least 50 fellow MPs. This means that any Lok Sabha MP who can gather support from 50 of their colleagues has the right to introduce such a motion at any time.
  • Discussion: Once the motion is admitted, it is usually taken up for discussion after a stipulated period, allowing time for members to prepare and debate the motion.
  • Debate: During the debate, members are given the opportunity to present their arguments for or against the motion. The Prime Minister or a representative from the Council of Ministers also has the opportunity to respond and defend their government’s position.
  • Voting: After the debate, a vote is conducted, and members are asked to vote either in favor of the motion (expressing no confidence) or against it (expressing confidence in the government).
  • Outcome: 
    • If the No Confidence motion is passed by a majority of the members present and voting, it indicates that the Lok Sabha has lost confidence in the government. In such a case, the Council of Ministers is expected to resign, and the government may collapse.
    • If the motion is not passed, the government remains in power, and its mandate is reaffirmed.

Q. Which one of the following is the largest Committee of the Parliament?

(a) The Committee on Public Accounts

(b) The Committee on Estimates

(c) The Committee on Public Undertakings

(d) The Committee on Petitions

Answer: (b) The Committee on Estimates

Parliament Committees:
  • A Parliamentary committee is a committee of Members of Parliament (MPs) who are elected or appointed from amongst the members of the house or nominated by the Speaker or Chairman.
  • The concept of Parliamentary committees originated in the British Parliament. 
  • These committees operate under the direction of the Speaker of Lok Sabha or Chairman of Rajya Sabha and present their findings and recommendations to the respective houses.
  • The Parliamentary committees draw their authority from the constitution. 
    • Article 105: Powers, privileges, etc., of the houses of Parliament and of the members and committees thereof.
    • Article 118: Each House of Parliament may make rules for regulations, subject to the provisions of this constitution, its procedure and the conduct of its business. 
  • India’s Parliament has multiple types of committees. They can be differentiated on the basis of their work, their membership and the length of their tenure.
  • However, broadly there are two types of Parliamentary Committees– Standing Committees and Ad Hoc Committees.
    • The Standing Committees are permanent (constituted every year or periodically) and work on a continuous basis.
      • Standing Committees can be classified into the following six categories:
        • Financial Committees
        • Departmental Standing Committees
        • Committees to Enquire
        • Committees to Scrutinise and Control
        • Committees Relating to the Day-to-Day Business of the House
        • House-Keeping Committees or Service Committees
    • While the Ad Hoc Committees are temporary and cease to exist on completion of the task assigned to them.
      • They are further subdivided into Inquiry Committees and Advisory Committees.
      • The principal Ad hoc Committees are the Select and Joint Committees on Bills.
The Estimates Committee
  • The Estimates Committee is the largest Committee of the Parliament.
  • It has a total of 30 members and all are from the Lok Sabha.
  • Rajya Sabha has no representation in this committee.
  • The function of the estimates committee is to make scrutiny of the functioning of government ministries and departments regarding the expenditure and utilisation of funds.

Other committees:

  • The Public Accounts Committee consists of 22 members out of which 15 members are elected by Lok Sabha and 7 Members of the Rajya Sabha are associated with it. 
  • The Committee on Public Undertakings consists of not more than 22 Members out of which 15 are elected by the Lok Sabha and 7 by the Rajya Sabha.
  • The Committee on Petitions consists of 10 members.

Q. Which of the following is/are the function/functions of the Cabinet Secretariat?

  1. Preparation of agenda for Cabinet Meetings
  2. Secretarial assistance to Cabinet Committees
  3. Allocation of financial resources to the Ministries

Select the correct answer using the code given below.

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

Answer: (c) 1 and 2 only

Notes:
  • The Cabinet Secretariat functions directly under the Prime Minister. The administrative head of the Secretariat is the Cabinet Secretary who is also the ex-officio Chairman of the Civil Services Board.
  • The business allocated to Cabinet Secretariat under Government of India (Allocation of Business) Rules, 1961 includes
    • (i) Secretarial assistance to the Cabinet and Cabinet Committees; and
    • (ii) Rules of Business.
  • The Cabinet Secretariat is responsible for the administration of the Government of India (Transaction of Business) Rules, 1961 and Government of India (Allocation of Business) Rules, 1961 facilitating smooth transaction of business in Ministries/ Departments.
  • The Secretariat assists in decision-making in Government by ensuring Inter-Ministerial coordination, ironing out differences amongst Ministries/Departments and evolving consensus through the instrumentality of the standing/adhoc Committees of Secretaries.
    • Management of major crisis situations in the country and coordinating activities of various ministries in such a situation is also one of the functions of the Cabinet Secretariat.
Department of Expenditure (Ministry of Finance)
  • The Department of Expenditure is the nodal Department for overseeing the public financial management system in the Central Government and matters connected with state finances.
  • It is responsible for the implementation of the recommendations of the Finance Commission and Central Pay Commission, monitoring of audit comments/ observations, preparation of Central Government Accounts.
  • It further assists central Ministries/ Departments in controlling the costs and prices of public services, reviewing system and procedure to optimize outputs and outcomes of public expenditure.
  • The principal activities of the Department include overseeing the expenditure management in the central Ministries/ Departments through the interface with the Financial Advisers and the administration of the Financial Rules/ Regulations/ Orders, pre-sanction appraisal of major schemes/ projects, handling bulk of the central budgetary resources transferred to State.
  • The business allocated to the Department of Expenditure is carried out through its Personnel & Establishment Division, Public Finance (States) and Public Finance (Central) Divisions, Office of Controller General of Accounts, Office of Chief Adviser Cost, and Central Pension Accounting Office.
  • The Department also has under its administrative control the National Institute of Financial Management (NIFM), Faridabad, which is an autonomous body.

Q. The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its

(a) advisory jurisdiction

(b) appellate jurisdiction

(c) original jurisdiction

(d) writ jurisdiction

Answer: (c) original jurisdiction

Original Jurisdiction:
  • As a Federal court, the Supreme Court decides disputes between different units of the Indian Federation. More elaborately, any dispute between:
    • the Centre and one or more states; or
    • the Centre and any state or states on one side and one or more states on the other; or
    • between two or more states.
  • In the above federal disputes, the Supreme Court has exclusive original jurisdiction.
  • Further, this jurisdiction of the Supreme Court does not extend to the following:
    • A dispute arising out of any pre-Constitution treaty, agreement, covenant,
    • engagement, sanad or other similar instrument.
    • A dispute arising out of any treaty, agreement, etc.,which specifically provides that the said jurisdiction does not extent to such a dispute.
    • Inter-state water disputes.
    • Matters referred to the Finance Commission.
    • Adjustment of certain expenses and pensions between the Centre and the states.
    • Ordinary dispute of Commercial nature between the Centre and the states.
    • Recovery of damages by a state against the Centre.
Writ Jurisdiction
  • The Supreme Court is empowered to issue writs, including habeas corpus, mandamus, prohibition, quo-warranto and certiorari for the enforcement of the fundamental rights of an aggrieved citizen.
    • In this regard, the Supreme Court has original jurisdiction in the sense that an aggrieved citizen can go directly to the Supreme Court, not necessarily by way of appeal.
    • However, the writ jurisdiction of the Supreme Court is not exclusive. The High Courts are also empowered to issue writs for the enforcement of the Fundamental Rights.
Appellate Jurisdiction
  • The Supreme Court is primarily a court of appeal and hears appeals against the judgements of the lower courts. It enjoys a wide appellate jurisdiction which can be classified under four heads:
    • Appeals in constitutional matters
    • Appeals in civil matters
    • Appeals in criminal matters
    • Appeals by special leave
Advisory Jurisdiction
  • The Constitution under Article 143 authorises the President to seek the opinion of the Supreme Court in the two categories of matters:
    • On any question of law or fact of public importance which has arisen or which is likely to arise.
    • On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanador other similar instruments.

Q. The power to increase the number of judges in the Supreme Court of India is vested in

(a) the President of India

(b) the Parliament

(c) the Chief Justice of India

(d) the Law Commission

Answer: (b) the Parliament

Notes:
  • The power to increase the number of judges in the Supreme Court of India is vested in the “Parliament”.
  • In the Indian Constitution, Parliament is authorized to regulate judges.
  • The number of judges in the Supreme Court, the Bill of 2019, was increased by four judges.
  • With this, the total number of judges including the Chief Justice has been increased from 31 to 34.
  • Under Article 124, the Constitution of India provides for a Supreme Court.