UPSC Prelims Research: Indian Polity 2025

Q. With reference to the Indian polity, consider the following statements:

1. An Ordinance can amend any Central Act.
2. An Ordinance can abridge a Fundamental Right.
3. An Ordinance can come into effect from a back date.

Which of the statements given above are correct?

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

Answer: (c) 1 and 3 only

Ordinance:

• An Ordinance, within the context of governance and law, is a piece of legislation enacted by a non-legislative authority, often the executive branch of government, under specific circumstances.
  • The provision of the Ordinance is mainly aimed at enabling the executive to make laws when the legislature is not in session or when an urgent matter demands immediate attention.
  • An Ordinance, usually, has the same force and effect as an Act enacted by the legislative body. The only difference between the two is that while an Act is permanent, an Ordinance is of a temporary nature.
• The Constitution of India provides for the promulgation of ordinances making power by the President of India as well as the Governors of states. The constitutional provisions regarding the same are as follows:
  • Article 123: empowers the President to promulgate ordinances during the recess of Parliament.
  • Article 213: empowers the Governor to promulgate ordinances during the recess of the State Legislature.

Ordinance Making Power of President:

• Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament.
• The Constitution puts the following four limitations on the ordinance making power of President.
  • An ordinance must be (1) laid before Parliament, (2) cease to operate after six weeks of Parliament’s reassembly unless approved, (3) withdrawn by the President at any time, and (4) not make provisions that Parliament itself lacks the power to enact.
  • The President can promulgate an ordinance only when either both or one of the Houses of Parliament are/is not in session.
• An ordinance promulgated by the President when both the Houses are in session is void. Thus, the power of the President to promulgate ordinances is not a parallel power of legislation.
  • The president can promulgate an ordinance only when he is satisfied that the circumstances exist that render it necessary for him to take immediate action.
  • Except for duration, the ordinance making power of the President is coextensive with regard to all matters, with the legislative powers of the Parliament. Thus:
    • An ordinance can be issued only on those subjects on which the Parliament has the power to make laws.
    • An ordinance is subject to the same constitutional limitation as an act of Parliament. Hence, an ordinance cannot abridge or take away any of the fundamental rights.
  • Every ordinance promulgated by the President during the recess of Parliament must be laid before both the Houses of Parliament when it reassembles.
• The Parliament has the following three options w.r.t ordinance making power so brought before it:
  • Approve the Ordinance: If both houses of the Parliament approve the ordinance, it becomes an act immediately.
  • Disapprove the Ordinance: If both the Houses of Parliament pass resolutions disapproving the ordinance, it ceases to operate immediately.
  • Take No Action: If no action is taken by the Parliament w.r.t. the ordinance, it ceases to operate on the expiry of six weeks from thereassembly of Parliament.
    • If the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks is calculated from the later of those dates.
    • Thus, in case of non-approval by the Parliament, the maximum life of an ordinance can be six months and six weeks.
• This is because the maximum possible gap between the sessions of the Parliament can be six months.
• The following points are to be noted w.r.t. an ordinance making power promulgated by the President:
  • If an ordinance is allowed to lapse without being placed before Parliament, then the acts done and completed under it, before it ceases to operate, remain fully valid and effective.
  • The President can promulgate as well as withdraw an ordinance at any time.
    • However, it is to be noted that the ordinance making power of the President is not a discretionary power. He can promulgate or withdraw an ordinance only on the advice of the Union Council of Ministers (CoM).
  • Like any other legislation, an ordinance can be retrospective.
    • Thus, it may come into force from a back date.
  • As far as the Scope of the Ordinance is concerned, it
    • Can modify or repeal any act of Parliament or another ordinance.
    • Can amend a tax law.
    • Can not amend the Constitution.

Comparison between Ordinance Making Powers of President & Governors:

President (Article 123)	Governor (Article 213)
– He can promulgate an ordinance only when either both or one of the Houses of Parliament are/is not in session.	– He can promulgate an ordinance only when either both or one of the Houses of the State Legislative Assembly are/is not in session.
– He can promulgate an ordinance only when he is satisfied that circumstances exist that render it necessary for him to take immediate action.	– He can promulgate an ordinance only when he is satisfied that circumstances exist which render it necessary for him to take immediate action.
– His ordinance making power is co-extensive with the legislative power of the Parliament. – This means that he can issue ordinances only on those subjects on which the Parliament can make laws.	– His ordinance making power is co-extensive with the legislative power of the State Legislature.  – This means that he can issue ordinances only on those subjects on which the State Legislature can make laws.
– An ordinance issued by him has the same force and effect as an Act of the Parliament.	– An ordinance issued by him has the same force and effect as an Act of the State Legislature.
– An ordinance issued by him is subject to the same limitations as an Act of Parliament. – This means that an ordinance issued by him will be invalid to the extent it makes any provision that the Parliament cannot make.	– An ordinance issued by him/her is subject to the same limitations as an act of the State Legislature. – This means that an ordinance issued by him will be invalid to the extent it makes any provision that the State Legislature cannot make.
– He can withdraw an ordinance at any time.	– He can withdraw an ordinance at any time.
– His ordinance making power is not a discretionary power. This means that he can promulgate or withdraw an ordinance only on the advice of the Council of Ministers headed by the Prime Minister.	– His ordinance making power is not a discretionary power. This means that he can promulgate or withdraw an ordinance only on the advice of the Council of Ministers headed by the Chief Minister.
– An ordinance should be laid before both the Houses of Parliament when it reassembles.	– An ordinance issued by him should be laid before the Legislative Assembly or both the Houses of the State Legislature (in case of a bicameral legislature) when it reassembles.
– An ordinance issued by him ceases to operate on the expiry of six weeks from the reassembly of Parliament. It may cease to operate even earlier than the prescribed six weeks if both Houses of Parliament pass resolutions disapproving it.	– An ordinance issued by him ceases to operate on the expiry of six weeks from the reassembly of the State Legislature. It may cease to operate even earlier than the prescribed six weeks if a resolution disapproving it is passed by the Legislative Assembly and is agreed to by the Legislative Council (in case of a bicameral legislature).

President (Article 123)

Governor (Article 213)

He needs no instruction to make an ordinance.

He cannot make an ordinance without instructions from the President in three cases: – If a bill containing the same provisions would have required the previous sanction of the President for its introduction into the State Legislature. – If he would have deemed it necessary to reserve a bill containing the same provisions for the consideration of the President. – If an act of the State Legislature containing the same provisions would have been invalid without receiving the President’s assent.

Q. Consider the following pairs:

State	Description
I. Arunachal Pradesh	The capital is named after a fort, and the State has two National Parks
II. Nagaland	The State came into existence on the basis of a Constitutional Amendment Act
III. Tripura	Initially a Part ‘C’ State, it became a centrally administered territory with the reorganization of States in 1956 and later attained the status of a full-fledged State

How many of the above pairs are correctly matched?

(a) Only one
(b) Only two
(c) All three
(d) None

Answer: (c) All three

Notes:

• Arunachal Pradesh
  • The capital Itanagar is named after the Ita Fort (“Ita” means brick in Ahom language).
  • Arunachal Pradesh has two National Parks:
    • Namdapha National Park
    • Mouling National Park
  • Formation:
    • Became a Union Territory in 1972.
    • Attained statehood on 20 February 1987.
• Nagaland
  • Nagaland was formed through the 13th Constitutional Amendment Act, 1962.
  • It became the 16th state of India on 1st December 1963.
  • Special Constitutional Provision:
    • Article 371A provides special status:
      • No Act of Parliament shall apply to Nagaland related to religious/social practices, Naga customary law, land ownership, etc., unless the State Assembly decides.
• Tripura
  • Princely State Status: Acceded to India in 1949.
    • Became Part ‘C’ State: In 1950
  • Tripura was originally a Part ‘C’ State.
  • With the States Reorganisation Act, 1956, it became a Union Territory.
  • It attained statehood on 21st January 1972 under the North-Eastern Areas (Reorganisation) Act, 1971.

Q. With reference to India, consider the following:

1. The Inter-State Council
2. The National Security Council
3. Zonal Councils

How many of the above were established as per the provisions of the Constitution of India?

(a) Only one
(b) Only two
(c) All three
(d) None

Answer: (a) Only one

Notes:

• Inter-State Council (Constitutional Body)
  • Established under Article 263 of the Indian Constitution.
  • It is a constitutional body for coordination between states and the centre.
• National Security Council (Non-constitutional)
  • Not mentioned in the Constitution.
  • Established by the Cabinet Secretariat in 1998 under the government of Atal Bihari Vajpayee.
  • It’s an executive body and part of India’s security management structure.
• Zonal Councils (Statutory Body)
  • Established under the States Reorganisation Act, 1956, not the Constitution.
  • These are statutory bodies aimed at fostering cooperation among states in each zone.

Inter-State Council

• Establishment: The ISC was constituted to facilitate Centre-State and Inter-State cooperation in India.
  • It was established under Article 263 of the Constitution, which empowers the President of India to establish an ISC for better coordination between States. 
  • The Sarkaria Commission (1988) recommended making the ISC a permanent body, leading to its formal establishment in 1990 through a Presidential Order. 
• Functions of the ISC: It discusses subjects of common interest to states and the Union and makes recommendations for the coordination of policies and actions.
  • The ISC also investigates issues affecting Centre-State and Inter-State relations to ensure seamless governance. 
• Composition of the Council: The PM serves as the Chairperson. Members include Chief Ministers(CMs) of all States, CMs of Union Territories having a Legislative Assembly and Administrators of UTs not having a Legislative Assembly, and 6 Union Ministers of Cabinet rank, nominated by the Prime Minister, are also part of the ISC.
  • The Presidential Order of 1990 has been amended twice, first in 1990 and then in 1996, to allow the Governor of a State under President’s rule to attend the meeting of the ISC and for the Chairman to nominate permanent invitees from amongst the other Union Ministers, respectively. 
  • In the second meeting of the ISC held in 1996, the Council decided to set up a Standing Committee for continuous consultation and processing of matters for consideration of the Council.
    • Accordingly, a Standing Committee was set up under the Chairmanship of the Home Minister and has been reconstituted from time to time with the approval of the Chairman of the Council. 
• Secretariat: The Inter-State Council Secretariat(ISCS) in New Delhi was established in 1991 and is headed by a Secretary to the Government of India.
  • The secretarial functions of the Zonal Councils have been transferred to the ISCS since 2011. 
• Benefits: Policies developed through ISC deliberation would hold greater social legitimacy, enhancing acceptance among states and reducing friction.
  • The ISC maintains the balance of power between the Union and states, preventing dominance by either side. It ensures that Union decisions align with the constitutional framework and federal principles, especially during reforms like Goods and Services Tax (GST) or demonetization that may strain Union-state relations. 

Zonal Councils

• Zonal Councils are the statutory (and not the constitutional) bodies.
  • They are established by an Act of the Parliament, that is, States Reorganisation Act of 1956.
  • The act divided the country into five zones- Northern, Central, Eastern, Western and Southern and provided a zonal council for each zone.
  • While forming these zones, several factors have been taken into account which include:
    • The natural divisions of the country.
    • The river systems and means of communication.
    • The cultural and linguistic affinity.
    • The requirements of economic development, security and law and order.
  • In addition to the above mentioned Zonal Councils, a North-Eastern Council was created by a separate Act of Parliament, the North-Eastern Council Act of 1971.
    • Its members include Assam, Manipur, Mizoram, Arunachal Pradesh, Nagaland, Meghalaya, Tripura and Sikkim.
    • These are advisory bodies that make recommendations with regard to any matter of common interest in the field of economic and social planning between the Centre and States border disputes, linguistic minorities, inter-State transport or matters connected with the reorganisation of States.
• Composition:
  • The Northern Zonal Council: It comprises the States of Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, National Capital Territory of Delhi and Union Territory of Chandigarh,
  • The Central Zonal Council: It comprises the States of Chhattisgarh, Uttarakhand, Uttar Pradesh and Madhya Pradesh,
  • The Eastern Zonal Council: It comprises the States of Bihar, Jharkhand, Orissa, Sikkim and West Bengal,
  • The Western Zonal Council: It comprises the States of Goa, Gujarat, Maharashtra and the Union Territories of Daman & Diu and Dadra & Nagar Haveli,
  • The Southern Zonal Council: It comprises the States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territory of Puducherry.
• Organizational 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.
• Objectives:
  • Bringing out national integration.
  • Arresting the growth of acute State consciousness, regionalism, linguism 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.
• Functions of the Councils:
  • 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 reorganization of the States under the States Reorganisation Act.

National Security Council

• Establishment: The NSC was established in 1998 by the government of then Prime Minister Atal Bihari Vajpayee following nuclear tests by India and Pakistan. It is the apex body for national security management in India.
  • Prior to the formation of the NSC, the functions related to national security were carried out by the Principal Secretary to the Prime Minister.
  • It operates under a three-tier structure i.e. Strategic Policy Group (SPG), National Security Advisory Board (NSAB) and National Security Council Secretariat (NSCS).
• Three-tier Structure of NSC:
  • Strategic Policy Group (SPG): The SPG is chaired by the Cabinet Secretary, consisting of serving senior officials responsible for policy-making and for follow up action in matters concerning national security.
    • It includes the Chiefs of the Armed Forces, the Intelligence Bureau and the Research and Analysis Wing (R&AW). Its main task is to make policy recommendations to the NSC.
  • National Security Advisory Board (NSAB):  It includes senior retired officials, academics, and experts from civil society.
    • It provides long-term analysis and policy recommendations on national security issues to the NSC, covering areas like Internal and External Security, Foreign Affairs, Defence, Science & Technology, and Economic Affairs.
  • National Security Council Secretariat (NSCS): It is overseen by the Prime Minister, operates with NSA as its secretary, and serves as the apex body for all matters concerning internal and external security.
• Heads: The NSC is headed by the Prime Minister of India. The NSA acts as the secretary of the NSC and also as the primary advisor to the prime minister. The headquarters of the NSC is located in New Delhi.
  • Ajit Doval is the current NSA, serving a third term. He is the longest-serving NSA in India’s history, with a tenure of over 10 years. Brajesh Mishra served as the country’s first NSA.  
  • The Appointments Committee of the Cabinet (ACC) in India appoints top government positions. It is chaired by the Prime Minister and the Minister of Home Affairs.
    • The committee processes proposals for senior government appointments and makes decisions on positions such as the National Security Advisor.
• NSC Members: Besides the NSA, it includes Deputy NSA and additional NSA, Ministers of Defence, External Affairs, Home Affairs, and Finance of the Government of India, and the Vice Chairman of the NITI Aayog (National Institution for Transforming India). Additional officials may be invited to monthly meetings as needed.

Q. Consider the following statements:

1. The Constitution of India explicitly mentions that in certain spheres the Governor of a State acts in his/her own discretion.
2. The President of India can, of his/her own, reserve a bill passed by a State Legislature for his/her consideration without it being forwarded by the Governor of the State concerned.

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 Constitution of India does explicitly mention certain situations where the Governor can act in his/her own discretion.
  • For example:
    • Article 163(2): If any question arises whether a matter is discretionary, the Governor’s decision shall be final.
    • Discretion is allowed in matters such as:
      • Reservation of a bill for the President’s consideration
      • Report to the President under Article 356
      • In tribal areas under Fifth Schedule
• The President can not suo motu reserve a bill passed by a State Legislature.
  • It is the Governor who reserves the bill under Article 200, and only then the President considers it.
  • The President’s power comes after the bill has been reserved by the Governor.

Q. Consider the following pairs:

Provision in the Constitution of India	State Under
I. Separation of Judiciary from the Executive in the public services of the State	The Directive Principles of State Policy
II. Valuing and preserving of the rich heritage of our composite culture	The Fundamental Duties
III. Prohibition of employment of children below the age of 14 years in factories	The Fundamental Rights

How many of the above pairs are correctly matched?

(a) Only one
(b) Only two
(c) All three
(d) None

Answer: (c) All three

Notes:

• Separation of Judiciary from the Executive
  • This is mentioned under the Directive Principles of State Policy (DPSP).
  • Article 50: “The State shall take steps to separate the judiciary from the executive in the public services of the State.”
• Valuing and preserving of the rich heritage of our composite culture
  • This is part of the Fundamental Duties.
  • Article 51A(f): “To value and preserve the rich heritage of our composite culture.”
• Prohibition of employment of children below the age of 14 years
  • This is a Fundamental Right under:
    • Article 24: “No child below the age of 14 years shall be employed… in any hazardous employment.”

Q. Consider the following statements:

With reference to the Constitution of India, if an area in a State is declared as a Scheduled Area under the Fifth Schedule:

1. The State Government loses its executive power in such areas and a local body assumes total administration.
2. The Union Government can take over the total administration of such areas under certain circumstances on the recommendations of the Governor.

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:

• If an area is declared as a Scheduled Area under the Fifth Schedule, the State Government does not lose its executive power.
  • The administration of these areas continues under the executive authority of the State, but special provisions apply for the protection of tribal interests.
  • A Tribal Advisory Council is constituted, and the Governor has special responsibilities, but local bodies do not assume total control.
• The Union Government can not take over total administration of Scheduled Areas.
  • Article 244(1) and Fifth Schedule empower the Governor to administer these areas with special powers, including:
    • Making regulations for peace and good governance.
    • Modifying or excluding the application of laws.
  • But this does not transfer control to the Union Government.
• Administration of Scheduled Areas and Tribes:
  • State Government retains executive power, with added discretionary powers to the Governor.
  • Union Government has no direct role in routine administration of these areas.

5th Schedule of Indian Constitution

• Article 244(1): The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the States of Assam, Meghalaya, Tripura, and Mizoram.
• Declaration of Scheduled Areas:
  • The President of India is empowered to declare an area a Scheduled Area. He can direct that the whole or any specified part of a Scheduled Area shall cease to be a Scheduled Area.
  • The President can increase or decrease the area of any Scheduled Area in a State after consultation with the Governor of that State and also alter its boundary lines but only by way of rectification of boundaries.
• Executive power of State and Centre:
  • The executive power of a State extends to the Scheduled Areas therein.
  • The Governor of each State having Scheduled Areas shall make a report to the President regarding the administration of the Scheduled Areas in that State.
  • The executive power of the centre extends to giving directions to the State regarding the administration of such Areas.
• Tribes Advisory Council (TAC): 
  • A Tribes Advisory Council has to be established in each State, having Scheduled Areas to deal with the welfare and advancement of Scheduled tribes in states.
  • A similar council can be established in any State having Scheduled Tribes but not Scheduled Areas if the President directs.
  • It consists of a maximum of 20 members. Three-fourths of the members should be representatives of Scheduled tribes in the State legislative assembly.
  • The Governor may make rules:
    • Regarding the number of members of the Council.
    • The mode of their appointment and the appointment of the Chairman of the Council and of the officers and servants thereof.
    • The conduct of its meetings and its procedure in general, all other incidental matters.
• Law applicable to Scheduled Areas:
  • The Governor is empowered to direct that any particular act of Parliament or of the State legislature does not apply to a Scheduled Area or any part or shall apply with specified modifications and exceptions.
  • The Governor is empowered to make regulations for the peace and good government of a Scheduled Area after consulting the Tribes Advisory Council. Such regulations may
    • Prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such Areas.
    • Regulate the allotment of land to members of the Scheduled Tribes in such Areas.
    • Regulate the carrying on of business as money-lender by persons who lend money to members of the Scheduled Tribes in such Areas.
• Panchayat (Extension to Scheduled Areas) Act, 1996:
  • The Fifth Schedule Areas are exempt from the Panchayat-related requirements of Part IX of the constitution. 
    • The Panchayat (Extension to Scheduled Areas) Act, 1996, was passed by Parliament to extend the provisions of Part IX to the fifth Scheduled area with certain modifications.
• 5th Schedule of Indian Constitution: States
  • The Fifth Schedule provides for the administration of tribal Areas in ten states in India, including Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana.

Q. Consider the following subjects under the Constitution of India:

1. List I – Union List, in the Seventh Schedule
2. Extent of the executive power of a State
3. Conditions of the Governor’s office

For a constitutional amendment with respect to which of the above, ratification by the Legislatures of not less than one-half of the States is required before presenting the bill to the President of India for assent?

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

Answer: (d) 1, 2 and 3

Notes:

• Union List (List I – Seventh Schedule)
  • Amendments affecting the distribution of legislative powers between Centre and States (including changes to the Union List) require ratification by at least half of the State Legislatures.
    • This is explicitly covered under Article 368(2).
• Extent of the executive power of a State
  • If a constitutional amendment affects the executive powers of the Centre or States, it directly impacts federal structure, hence ratification by half the States is mandatory.
    • Also covered under Article 368(2).
• Conditions of the Governor’s office
  • Any change to Articles related to the office of Governor (like Article 155 to 160), including conditions of office, affects Centre-State relations.
    • Thus, requires ratification by half the State Legislatures under Article 368(2).

Types of Amendments in Indian Constitution

• Article 368 of Indian Constitution provides for two types of amendments:
  • By a Special Majority of Parliament (50% of the total membership of the House + 2/3rd of the members present and voting),
  • By a Special Majority of Parliament plus ratification of 1/2 of the states by a Simple Majority,
• One other type of amendment can be done by a Simple Majority of Parliament.
  • However, these amendments are not deemed to be amendments for the purpose of Article 368.
• By Simple Majority of Parliament
  • Several provisions in the Indian Constitution can be amended by a Simple Majority i.e. 50 percent of members present and voting.
  • It is to be noted that these amendments fall outside the scope of Article 368.
  • A few examples of the provisions that can be amended by simple majority are:
    • Admission or establishment of new states,
    • Formation of new states and alteration of areas, boundaries, or names of existing states,
    • Abolition or creation of Legislative Councils in states, etc.
• By Special Majority of Parliament
  • The majority of the provisions in the Constitution can be amended only by a Special Majority (more than 50 percent of the total membership of the House and a majority of two-thirds of the members of that House present and voting).
  • The provisions that can be amended by Special Majority are:
    • Fundamental Rights,
    • Directive Principles of State Policy,
    • All other provisions that are not covered by the first and third categories.
• Special Majority with Consent of Half of States:
  • Those provisions of the Constitution which are related to the federal structure of the polity can only be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority.
  • Important provisions that require ratification by the states include the election of President, Supreme Court and High Courts, representation of states in Parliament, distribution of legislative powers between the Union and the states, and the extent of executive power of the Union and the states.
  • Most importantly, an amendment to Article 368 itself, requires ratification by the states.

Q. With reference to the Indian polity, consider the following statements:

1. The Governor of a State is not answerable to any court for the exercise and performance of the powers and duties of his/her office.
2. No criminal proceedings shall be instituted or continued against the Governor during his/her term of office.
3. Members of a State Legislature are not liable to any proceedings in any court in respect of anything said within the House.

Which of the statements given above are correct?

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

Answer: (d) 1, 2 and 3

Notes:

• ✅ Article 361 – Protection of President and Governors
  • Article 361(1):
    • The President and Governor are not answerable to any court for the exercise of their powers and duties.
  • Article 361(2):
    • No criminal proceedings shall be instituted or continued against the President or Governor during their term.
  • Article 361(3):
    • No process for arrest or imprisonment can be issued against them during term.
  • Civil proceedings can be initiated only after giving two months’ notice (Article 361(4)).
• ✅ Article 194 – Powers and Privileges of State Legislature Members
  • Article 194(2):
    • Members are protected from judicial scrutiny for:
      • Anything said in the House
      • Any vote given in the House or its committees
    • Ensures freedom of speech and debate in legislature.
  • Similar protection exists for Parliament under Article 105(2).
• ✅ Governor – Immunities and Legal Protection
  • Governor enjoys same legal immunities as President for official functions.
  • Cannot be prosecuted or questioned for actions taken while in office.
  • Impeachment or judicial accountability does not apply to Governor—he/she holds office at the pleasure of the President (Article 156).

Q. Consider the following statements with regard to pardoning power of the President of India:

1. The exercise of this power by the President can be subjected to limited judicial review.
2. The President can exercise this power without the advice of the Central Government.

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

Pardon Power of the President in India

• Pardon Powers:  Article 72 of the Indian Constitution gives the President of India the power to grant pardons, remit or commute sentences, grant respites or remissions of punishment, or reprieve the sentence of any person convicted of an offense in cases where:
  • The punishment is by a Court Martial. 
  • The sentence involves capital punishment (death sentence). 
  • The conviction is for offenses under Union laws. 
• Significance: This power ensures that the president can remedy potential judicial errors or exercise clemency in situations requiring humanitarian considerations. 
• Limitations: The President cannot exercise this power independently. Decisions must align with the advice of the Council of Ministers.
  • This principle was upheld by the Supreme Court (SC) of India in landmark cases such as:
    • Maru Ram vs Union of India, 1980: The SC held that the power to grant pardons must be exercised fairly, reasonably, and without arbitrariness, ensuring justice and balance. 
    • Kehar Singh v. Union of India, 1988: The SC held that the President’s pardoning power is independent of the judiciary, but it can be reviewed to ensure procedural fairness. The review focuses on adherence to constitutional principles and procedural requirements, not the merits of the decision. 
• The exercise of the President’s pardoning power can be subjected to limited judicial review. The Supreme Court has held that this power is not absolute and can be reviewed by courts on grounds such as arbitrariness, mala fide, or if exercised on irrelevant considerations.

Clemency Type	Definition
Pardon	Removes both the sentence and the conviction, absolving the convict from all punishments and disqualifications.
Commutation	Substitutes one form of punishment for a lighter one.
Remission	Reduces the period of a sentence without changing its nature.
Respite	Awards a lesser sentence due to special circumstances like physical disability or pregnancy.
Reprieve	Temporarily stays the execution of a sentence to allow time to seek pardon or commutation.

Q. Consider the following statements:

1. On the dissolution of the House of the People, the Speaker shall not vacate his/her office until immediately before the first meeting of the House of the People after the dissolution.
2. According to the provisions of the Constitution of India, a Member of the House of the People on being elected as Speaker shall resign from his/her political party immediately.
3. The Speaker of the House of the People may be removed from his/her office by a resolution of the House of the People passed by a majority of all the then Members of the House, provided that no resolution shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.

Which of the statements given above are correct?

(a) I and II only
(b) II and III only
(c) I and III only
(d) I, II and III

Answer: (c) I and III only

Notes:

• The Speaker of the House of the People (Lok Sabha) in India does not vacate their office until immediately before the first meeting of the House after a dissolution. This is a provision outlined in Article 94 of the Constitution.
• Article 94:
  • A member holding office as Speaker or Deputy Speaker of the House of the People—
    • (a) shall vacate his office if he ceases to be a member of the House of the People;
    • (b) may at any time, by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and
    • (c) may be removed from his office by a resolution of the House of the People passed by a majority of all the then members of the House:
  • Provided that no resolution for the purpose of clause (c)shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution:
  • Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution.
• There is no constitutional provision requiring the Speaker to resign from his/her political party upon election. While the Speaker is expected to conduct business impartially, resignation from the party is not mandated by the Constitution.

Role of the Speaker

• About Speaker:
  • The Speaker is the constitutional and ceremonial head of the House.
  • Each House of Parliament has its own presiding officer.
  • There is a Speaker and a Deputy Speaker for the Lok Sabha and a Chairman and a Deputy Chairman for the Rajya Sabha.
  • The Speaker is assisted by the Secretary-General of the Lok Sabha and senior officers of the Secretariat on parliamentary activities, practice and procedure.
  • In the absence of the Speaker, the Deputy Speaker discharges the functions.
    • A member from the panel of Chairmen presides over the House in the absence of both the Speaker and the Deputy Speaker. However, member of the panel of chairpersons cannot preside over the house, when the office of the Speaker or the deputy speaker is vacant.
• Election:
  • The House elects its presiding officer by a simple majority of members present, who vote in the House.
  • Usually, a member belonging to the ruling party is elected as speaker whereas deputy speaker is elected from opposition party .
    • There are also instances when members not belonging to the ruling party were elected to the office of the Speaker.
      • GMC Balayogi and Manohar Joshi belonging to the non-ruling party served as the Speaker in the 12th and 13th Lok Sabha. 
  • When the Lok Sabha is dissolved, the Speaker remains in his office till the first meeting of the new assembly when the new speaker is elected.
• Removal:
  • The Constitution has given the Lower House authority to remove the Speaker if needed.
    • The House can remove the Speaker through a resolution with notice of 14 days, passed by an effective majority (more than 50% of the effective strength (total strength-vacancies) of the house present and voting) as per Articles 94 of the Indian Constitution.
  • The Speaker can also be removed on getting disqualified from being a Lok Sabha member under sections 7 and 8 of the Representation of the People Act, 1951.
  • A speaker can also give his resignation to a Deputy Speaker.
• Sources of Power and Duties: 
  • The Speaker of the Lok Sabha derives his powers and duties from three sources:
    • Constitution of India, 
    • Rules of Procedure and Conduct of Business of Lok Sabha,
    • Parliamentary Conventions (residuary powers that are unwritten or unspecified in the rules)
• Provisions to Ensure Independence and Impartiality of Speaker:
  • He is provided with a security of tenure. He can be removed only by a resolution passed by the Lok Sabha by a effective majority.
  • His salaries and allowances are charged on the Consolidated Fund of India and thus are not subject to the annual vote of Parliament.
  • His work and conduct cannot be discussed and criticised in the Lok Sabha except on a substantive motion.
  • His powers of regulating procedure or conducting business or maintaining order in the House are not subject to the jurisdiction of any Court.
  • He cannot vote in the first instance. He can only exercise a casting vote in the event of a tie. This makes the position of speaker impartial.
  • He is placed at sixth rank in the order of precedence along with the Chief Justice of India.

Q. Consider the following statements:

1. If any question arises as to whether a Member of the House of the People has become subject to disqualification under the 10th Schedule, the President’s decision in accordance with the opinion of the Council of Union Ministers shall be final.
2. There is no mention of the word ‘political party’ in the Constitution 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

Anti Defection Law

• The provisions of the anti-defection law of India, as set out in the Tenth Schedule of the Constitution of India, are as follows:
  • Disqualification: A member of a House belonging to any political party becomes disqualified for being a member of the House,
    • if he voluntarily gives up his membership of such a political party; or
    • if he votes or abstains from voting in such House contrary to any direction issued by his political party without obtaining prior permission of such party and such act has not been condoned by the party within 15 days.
  • Independent Members: An independent member of a House becomes disqualified from remaining a member of the House if he joins any political party after such an election.
  • Nominated Members: A nominated member of a House becomes disqualified for being a member of the House if he joins any political party after the expiry of six months from the date he takes his seat in the House.
  • 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: Under the 10th Schedule of the Indian Constitution (Anti-Defection Law), if any question arises as to whether a Member of the House has become subject to disqualification, the decision is made by the Speaker or Chairman of the House, not by the President, and not in accordance with the opinion of the Council of Union Ministers.
    • 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’.
  • 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.
  • Role of Whip: The whip is responsible for communicating the party’s position to its members and ensuring they vote in line with that position. In the case of a member defying the whip and voting against the party’s official position, they may be subject to disciplinary action under the anti-defection law.

Political Parties:

• The word “political party” is not explicitly mentioned in the original text of the Indian Constitution. However, political parties are crucial for the functioning of Indian constitutional structures. The term “political party” was introduced into the Constitution in 1985 with the 52nd Amendment, specifically in the Tenth Schedule, to address defections.
  • Despite their constitutional importance, political parties are considered “extra-constitutional,” meaning they are not explicitly defined or regulated by the Constitution but are crucial for its functioning.
  • The registration and functioning of political parties are regulated through laws like the Representation of the People Act, 1951.
• Legal provisions with respect to political parties:
  • Political parties in India are extra-constitutional.
  • The right to form political parties is not mentioned in the Constitution of India.
  • Section 29A (5) of the Representation of the People Act, 1951 – It is the only major statutory provision dealing with political parties in India.
  • It sets down certain conditions for a political party for the formation and registration by ECI.
    • It must consist only of Indian citizens
    • It must call itself a political party set up for the purpose of contesting elections to the Parliament and State Legislatures and for no other purpose.
    • It must have at least 100 registered electors as its members.
  • It orders that a political party shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism, democracy, and would uphold the sovereignty, unity and integrity of India
  • Deregistration of parties:
    • The ECI is not empowered to de-register parties on the grounds of violating the Constitution or breaching the undertaking given to it at the time of registration.
    • A party can only be de-registered
      1. if its registration was obtained by fraud;
      2.  if it is declared illegal by the Central Government;
      3. if a party amends its internal Constitution and notifies the ECI that it can no longer abide by the Indian Constitution.

Q. Consider the following statements:

Statement 1: In India, State Governments have no power for making rules for grant of concessions in respect of extraction of minor minerals even though such minerals are located in their territories.

Statement 2: In India, the Central Government has the power to notify minor minerals under the relevant law.

Which one of the following is correct in respect of the above statements?

(a) Both Statement 1 and Statement 2 are correct and Statement 2 explains Statement 1
(b) Both Statement 1 and Statement 2 are correct but Statement 2 does not explain Statement 1
(c) Statement 1 is correct but Statement 2 is not correct
(d) Statement 1 is not correct but Statement 2 is correct

Answer: (d) Statement 1 is not correct but Statement 2 is correct

Major and Minor Minerals

• A mineral is a natural substance of organic or inorganic origin with definite chemical and physical properties, forming the building blocks of rocks and ores.
• Under the Mines and Minerals (Development and Regulation) (MMDR) Act, 1957, minerals are broadly classified in two categories, i.e. major minerals and minor minerals.
• Minor minerals means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes and any other mineral which the Central Government may declare to be a minor mineral.
  • Examples include mica, quartz, agate, barytes, dolomite, sand, corundum, fireclay, gypsum, laterite, and pyrophyllite.
  • Minor minerals are generally under the jurisdiction of state governments for mining concessions and regulation.
• Major minerals include all minerals other than minor minerals. E.g. Coal, Iron, Zinc, Limestone etc.
• Framework for Governance:
  • Legal Framework for Mineral Regulation: The MMDR Act, 1957 is the primary law governing the mining sector, except for petroleum and natural gas.
  • The power to frame policy and legislation relating to minor minerals is entirely delegated to the State Governments while policy and legislation relating to the major minerals are dealt by the Ministry of Mines under Union /Central Government.
    • Thus, as opposed to major minerals, the regulatory and administrative jurisdiction of minor minerals falls under the purview of State governments. These include the powers to frame rules, prescribe rates of royalty, contribution to District Mineral Foundation, the procedure for grant of mineral concessions, regulation of their mining, control of illegal mining etc.
    • In the case of major minerals, States substantially regulate and develop minerals subject to provisions of the MMDR Act, and after prior permissions from the central government.
  • The GoI has framed additional rules for mineral management:
    • Mineral Concession (MC) Rules, 1960: Regulates permits, licenses, and leases for all minerals except Atomic and Minor Minerals.
    • Mineral Conservation and Development (MCD) Rules, 1988: Ensures conservation and systematic development of minerals.
  • Role of State Governments in Mineral Regulation:
    • Section 15 of MMDR Act, 1957: Gives State Governments the power to make rules for minor minerals. 
    • Section 23C of MMDR Act, 1957: Empowers State Governments to prevent illegal mining, transportation, and storage of minerals.
    • Section 9 (b) of the MMDR Act as amended in 2015: Mandates the State Government to establish District Mineral Foundation Trust in every district affected by the mining operation.

Q. Consider the following statements:

1. Panchayats at the intermediate level exist in all States.
2. To be eligible to be a Member of a Panchayat at the intermediate level, a person should attain the age of thirty years.
3. The Chief Minister of a State constitutes a commission to review the financial position of Panchayats at the intermediate level and to make recommendations regarding the distribution of net proceeds of taxes and duties, leviable by the State, between the State and Panchayats at the intermediate level.

Which of the statements given above are not correct?

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

Answer: (d) 1, 2 and 3

Notes:

• The three-tier Panchayati Raj system, established by the 73rd Amendment of the Indian Constitution, is a decentralized governance structure that empowers local communities.
• Part IX of the Indian Constitution is the section of the Constitution relating to the Panchayats. It stipulates that in states or Union Territories with more than two million inhabitants there are three levels of PRIs:
  • Gram Panchayat at the village level,
  • Panchayat Samiti (or Block Samiti) at the intermediate level, and
  • Zila Parishad at the district level.
• As per the Constitution of India, Panchayats at the intermediate level may not be constituted in a state having a population not exceeding twenty lakhs.
  • Article 243B of the Constitution of India deals with the constitution of Panchayats. It mandates that Panchayats at village, intermediate, and district levels must be established in every state.
    • However, the intermediate level may be omitted in states with a population not exceeding 20 lakhs.
• This system brings uniformity to local governance, ensuring that all states have a structured framework for local self-government.
• All members of these three levels are elected, and the chairpersons of the intermediate and district levels are indirectly elected by the members from among themselves.
  • But at the village level, the election of chairperson of Panchayat (Sarpanch) may be direct or indirect as provided by the state in its own Panchayati Raj Act.
• Article 243F makes provisions for disqualifications from the membership. As per this article, any person who is qualified to become an MLA is qualified to become a member of the Panchayat, but for Panchayat the minimum age prescribed is 21 years.  Further, the disqualification criteria are to be decided by the state legislature by law.
• Finance Commission:
  • The State Finance Commission (SFC) in India is formed by the Governor of the State. This is mandated by Article 243-I of the Indian Constitution.
    • The Governor appoints the SFC every five years, which reviews the financial position of Panchayati Raj Institutions and Urban Local Bodies, and makes recommendations to the Governor.
  • State Government needs to appoint a finance commission every five years, which shall review the financial position of the Panchayats and to make recommendation on the following:
    • The Distribution of the taxes, duties, tolls, fees etc. levied by the state which is to be divided between the Panchayats.
    • Allocation of proceeds between various tiers.
    • Taxes, tolls, fees assigned to Panchayats
    • Grant in aids.
  • This report of the Finance Commission would be laid on the table in the State legislature. Further, the Union Finance Commission also suggests the measures needed to augment the Consolidated Funds of States to supplement the resources of the panchayats in the states.
• State Government can make provisions for audit of accounts of the Panchayats.
• Exempted areas and states: The provisions of part IX are not applicable to the following:
  • Entire states of Nagaland, Meghalaya and Mizoram
  • Hill areas in the State of Manipur for which District Councils
  • Further, the district level provisions shall not apply to the hill areas of the District of Darjeeling in the State of West Bengal which affect the Darjeeling Gorkha Hill Council.
  • The reservation provisions are not applicable to Arunachal Pradesh.

Salient Features of the Constitution 73^rd and 74^th Amendments?

• These amendments added two new parts to the Constitution, namely, added Part IX titled “The Panchayats” (added by 73^rd Amendment) and Part IXA titled “The Municipalities” (added by 74^th Amendment).
• Basic units of democratic system-Gram Sabhas (villages) and Ward Committees (Municipalities) comprising all the adult members registered as voters.
• Three-tier system of panchayats at village, intermediate block/taluk/mandal and district levels except in States with population is below 20 lakhs (Article 243B).
• Seats at all levels to be filled by direct elections Article 243C (2).
• Seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) and the chairpersons of the Panchayats at all levels also shall be reserved for SCs and STs in proportion to their population.
• One-third of the total number of seats to be reserved for women.
• One third of the seats reserved for SCs and STs also reserved for women.
• One-third offices of chairpersons at all levels reserved for women (Article 243D).
• Uniform five year term and elections to constitute new bodies to be completed before the expiry of the term.
• In the event of dissolution, elections compulsorily within six months (Article 243E).
• Independent Election Commission in each State for superintendence, direction and control of the electoral rolls (Article 243K).
• Panchayats to prepare plans for economic development and social justice in respect of subjects as devolved by law to the various levels of Panchayats including the subjects as illustrated in Eleventh Schedule (Article 243G).
• 74th Amendment provides for a District Planning Committee to consolidate the plans prepared by Panchayats and Municipalities (Article 243ZD).
• Budgetary allocation from State Governments, share of revenue of certain taxes, collection and retention of the revenue it raises, Central Government programmes and grants, Union Finance Commission grants (Article 243H).
• Establish a Finance Commission in each State to determine the principles on the basis of which adequate financial resources would be ensured for panchayats and municipalities (Article 243I).
• The Eleventh Scheduled of the Constitution places as many as 29 functions within the purview of the Panchayati Raj bodies.

Q. Who amongst the following are members of the Jury to select the recipient of ‘Gandhi Peace Prize?

1. The President of India
2. The Prime Minister of India
3. The Chief Justice of India
4. The Leader of Opposition in the Lok Sabha

Select the correct answer using the code given below.

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

Answer: (c) 2, 3 and 4

Gandhi Peace Prize

• Gandhi Peace Prize Awards for Social, Economic and Political transformation through Non-violence was instituted in the year 1995, on the occasion of the 125^th birth anniversary of Mahatma Gandhi, as a tribute to his ideals and contributions to humanity.
• Reward:
  • There shall be one Award each year, and the award carries an amount of Rs 1 crore, a citation, a plaque and a traditional handicraft or handloom item.
    • The award is conferred by the President of India at a function in Rashtrapati Bhavan.
• Consideration:
  • This award is given to individuals, associations, institutions or organizations who have worked selflessly for peace, non-violence and amelioration of human sufferings.
    • Personal applications for the Award shall not be considered
  • The award is open to all persons regardless of nationality, race, language, caste, creed or gender.
  • The Award may be divided between two persons / institutions who are considered by the Jury to be equally deserving of recognition in a given year.
    • Work by a person since deceased cannot be the subject of an Award. If, however, his death occurred subsequent to a proposal having been submitted to the Jury (headed by the Prime Minister) in the manner stipulated in the Code of Procedure, then a Posthumous Award may be made.
• Period of Award:
  • The Award shall be made annually starting with the year 1995 and every year thereafter.
  • If, however, it is considered that none of the proposals that have been made merit recognition, the Jury will be free to withhold the Award for that year.
  • Only recent work achieved within ten years immediately preceding the nomination shall be considered for the Award.
    • The preceding section notwithstanding, older work may be considered if its significance has not become apparent until recently.
• Competence to make Proposals:
  • Competence to make proposals for the Award shall be enjoyed by;
    • (a) Former members of the Jury;
    • (b) Persons who have received the Award;
    • (c) Members of Parliament of India;
    • (d) Nobel Laureates for the last five years;
    • (e) The Secretary-General of the United Nations and other leaders in international organisations or institutions whose objectives are promotion of peace, non- violence and emancipation of less privileged sections of society, tolerance, social harmony and social justice;
    • (f) Chancellors and Vice Chancellors of the Universities;
    • (g) Heads of Indian Missions abroad for bringing it to the notice of and for consulting major relevant institutions and experts of the country concerned;
    • (h) Heads of Institutions relating to studies and research in non-violence and Gandhian principles;
    • (i) Presiding Officers of Lok Sabha / State Assemblies/Councils;
    • (j) Governors/ Chief Ministers of the States/ UTs Administration;
    • (k) Secretary-General, Commonwealth;
    • (I) Commonwealth Parliamentary Union;
    • (m) Inter-Parliamentary Union; and
    • (n) Any other person whom the Jury may wish to invite to make proposals for the Award.
• Selection (Jury):
  • The requisite scrutiny and final selection for the Award shall be made by a Jury to be appointed by the Government of India for this purpose.
  • The Jury shall comprise five members, i.e.
    • the Prime Minister of India, who would chair the Jury;
    • the Chief Justice of India;
    • the Leader of Opposition recognized as such in the Lok Sabha or where there is no such Leader of Opposition then, the Leader of the single largest opposition party in that House;
    • and two other eminent persons.
  • Members of the Jury shall be appointed for a period of three years. After three years those chosen, other than the three permanent ex-officio members, shall retire. The retiring persons shall, however, be eligible for reappointment.
  • If a member of the Jury retires or dies before the expiry of his term in office, another shall be appointed in his place for the unexpired part of that term.
  • The Prime Minister of India shall be the Chairman of the Jury. If for some reason it is not possible for him to be present in a meeting, the members present in the meeting may elect one member amongst them to preside over the meeting.
  • The Jury shall not be competent to take a final decision unless at least three of its members are present.
  • The decision of the Jury shall be by consensus.
  • The discussions, deliberations, opinions and proceedings of the Jury in connection with the Award shall not be made public or otherwise revealed.
  • The Jury shall announce its decision, as far as possible, on birth anniversary of Mahatma Gandhi which is 2nd October.
  • Decisions of the Jury shall not be subject to confirmation by any other authority and no appeal or protest can be made against them.
• Payment of Award: The Ministry of Culture will make payment of the amount of the Award at the time and place requested by the Awardee.
  • Non-acceptance of Award: Should an awardee decline an Award, then the amount will immediately revert to the Government of India. But if an awardee accepts the Award yet fails to draw the amount within the period of 36 months, then the amount shall revert to the Government of India.
• In the event of death of an Awardee without receiving the Award, his next of kin shall be entitled for receiving the Award.

Q. Consider the following statements about Lokpal:

1. The power of Lokpal applies to public servants of India, but not to the Indian public servants posted outside India.
2. The Chairperson or a Member shall not be a Member of the Parliament or a Member of the Legislature of any State or Union Territory, and only the Chief Justice of India, whether incumbent or retired, has to be its Chairperson.
3. The Chairperson or a Member shall not be a person of less than forty-five years of age on the date of assuming office as the Chairperson or Member, as the case may be.
4. Lokpal cannot inquire into the allegations of corruption against a sitting Prime Minister of India.

Which of the statements given above is/are correct?

(a) 3 only
(b) 2 and 3
(c) 1 and 4
(d) None of the above statements is correct

Answer: (a) 3 only

Notes:

• The Lokpal’s jurisdiction includes public servants posted both within and outside India.
  • Hence, Indian public servants posted abroad are also covered under the Lokpal Act.
• The Lokpal Chairperson can be:
  • A former Chief Justice of India, or
  • A former Judge of the Supreme Court, or
  • An eminent person with integrity and 25+ years of experience.
  • It is not restricted only to the Chief Justice of India.
  • The statement mixes correct (no MPs/MLAs allowed) and incorrect parts (Chairperson requirement), so it’s considered incorrect as a whole.
• As per the Lokpal and Lokayuktas Act, minimum age for Chairperson or Member is 45 years.
• Lokpal can inquire against the sitting Prime Minister under specific conditions.
  • However, inquiry is restricted in matters like:
    • International relations
    • Public order
    • External and internal security
    • Atomic energy and space
  • So, the statement that Lokpal “cannot” inquire is incorrect.

Structure of Lokpal

• Lokpal is a multi-member body, that consists of one chairperson and a maximum of 8 members.
• Chairperson of the Lokpal should be either the former Chief Justice of India or the former Judge of Supreme Court or an eminent person with impeccable integrity and outstanding ability, having special knowledge and expertise of minimum 25 years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management.
• Out of the maximum 8 members, half will be judicial members and minimum 50% of the Members will be from SC/ ST/ OBC/ Minorities and women.
• The judicial member of the Lokpal either a former Judge of the Supreme Court or a former Chief Justice of a High Court.
• The non-judicial member should be an eminent person with impeccable integrity and outstanding ability, having special knowledge and expertise of minimum 25 years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management.
• The term of office for Lokpal Chairman and Members is 5 years or till the age of 70 years.
• The members are appointed by the president on the recommendation of a Selection Committee.
• The selection committee is composed of the Prime Minister who is the Chairperson, Speaker of Lok Sabha, Leader of Opposition in Lok Sabha,  Chief Justice of India or a Judge nominated by him/her and One eminent jurist.
• For selecting the chairperson and the members, the selection committee constitutes a search panel of at least eight persons.

Jurisdiction of Lokpal and its Powers

• Jurisdiction of Lokpal includes Prime Minister, Ministers, members of Parliament, Groups A, B, C and D officers and officials of Central Government.
• Jurisdiction of the Lokpal included the Prime Minister except on allegations of corruption relating to international relations, security, the public order, atomic energy and space.
• The Lokpal does not have jurisdiction over Ministers and MPs in the matter of anything said in Parliament or a vote given there.
• Its jurisdiction also includes any person who is or has been in charge (director/ manager/ secretary) of anybody/ society set up by central act or any other body financed/ controlled by central government and any other person involved in act of abetting, bribe giving or bribe taking.
• The Lokpal Act mandates that all public officials should furnish the assets and liabilities of themselves as well as their respective dependents.
• It has the powers to superintendence over, and to give direction to CBI.
  • If Lokpal has referred a case to CBI, the investigating officer in such case cannot be transferred without the approval of Lokpal.
• The Inquiry Wing of the Lokpal has been vested with the powers of a civil court.
• Lokpal has powers of confiscation of assets, proceeds, receipts and benefits arisen or procured by means of corruption in special circumstances.
• Lokpal has the power to recommend transfer or suspension of public servant connected with allegation of corruption.
• Lokpal has the power to give directions to prevent the destruction of records during the preliminary inquiry.

Powers and Functions

• Superintendence Over Investigations of Delhi Special Police Establishment (DSPE) concerning matters referred for preliminary inquiry or investigation.
• Can authorize agencies to search for and seize documents relevant to an investigation.
• Central Vigilance Commission must report to the Lokpal on actions taken on referred complaints, with the Lokpal issuing guidelines for effective disposal.
• Powers of a civil court for the purpose of any preliminary inquiry, the Inquiry Wing under the Code of Civil Procedure, 1908.