Professional Documents
Culture Documents
Content
1. Election Commission of India
2. CAG: The Comptroller and Auditor General of India
3. Union Public Service Commission
4. NationalCommission for SCs and STs
6. Attorney General
7. Solicitor General of India
8. Finance Commission
Election Commission of India
The Constitution of India has vested in the Election Commission (EC) of India according
to the article 324 of Indian constitution the superintendence, direction and controlof the
entire process for conduct of elections toParliamentandLegislature (state legislative
assembly & state legislative council) of every Stateand to the offices of Presidentand
Vice-President of India.
Originally, the commission had only a Chief Election Commissioner. It currently consists
of a Chief Election Commissionerand two Election Commissioners. For the first
time two additional Commissioners were appointed on 16th October 1989but they had a
very short tenure till 1st January 1990. Later, on 1st October 1993 two additional
Election Commissionerswere appointed. The concept of multi-member Commission has
been in operation since then, with decision making power by majority vote.
2) To prepare and periodically revise electoral rolls and to register all eligible
voters.
3) To notify the dates & schedules of election and to scrutinize the nominations
papers.
4) To grant recognition to political parties& allot election symbols to them.
5) To act as court for settling disputes related to granting of recognition to
political parties and allotment of election symbol to them.
Some Questions related to EC to get grip over topic.
Q 1. Which authority conducts elections to the offices of the President and VicePresident of India ?
Ans. Election Commission of India (ECI)
Under Article 324(1) of the Constitution of India, the Election Commission of
India, interalia, is vested with the power of superintendence, direction and
control of conducting the elections to the offices of the President and VicePresident of India. Detailed provisions are made under the Presidential and
Vice Presidential Elections Act, 1952 and the rules made thereunder.
Q 2. Which authority conducts elections to Parliament?
Ans. Election Commission of India (ECI)
The same Article 324 also vests in the Commission the powers of superintendence,
direction and control of the elections to both Houses of Parliament. Detailed provisions
are made under the Representation of the People Act, 1951 and the rules made there
under.
Q 3. Which authority conducts elections to the State Legislative Assemblies and
Legislative Councils?
Ans. Election Commission of India (ECI)
Article 324 (1) also vests in the Commission the powers of superintendence, direction
and control of the elections to both Houses of the State Legislature. Detailed provisions
are made under the Representation of the People Act, 1951 and the rules made there
under.
Q 4. Which authority conducts elections to Corporations, Municipalities and
other Local Bodies ?
Ans. The State Election Commissions (SECs)
The State Election Commissions constituted under the Constitution (Seventy-third and
Seventy-fourth) Amendments Act, 1992 for each State / Union Territory are vested with
the powers of conduct of elections to the Corporations, Muncipalities, ZillaParishads,
District Panchayats, PanchayatSamitis, Gram Panchayats and other local bodies. They
are independent of the Election Commission of India.
Q 5. What is the present composition of the Election Commission?
Ans. A Three - Member Body
At present, the Election Commission of India is a three-member body, with one Chief
Election Commissioner and two Election Commissioners.
Q 6. Has the Election Commission been a multi-member body from the
beginning?
Ans. No.
It was not a multi member body from the beginning. It was a single - member body
when it was first set up in 1950 and up to 15th October, 1989 with only the Chief
Election Commissioner. From 16th October, 1989 upto the 1st January, 1990, it became
a three-member body with R.V.S.PeriSastri (C.E.C) and S.S.Dhanoa and V.S.Seigell as
Election Commissioners. From 2nd January, 1990 to 30th September, 1993, it was a
single-member Commission and again from 1st October, 1993 it has become a threemember Commission.
Q 7. What is the status Chief Election Commissioner and the Election
Commissioners in terms of salaries and allowances etc.?
Ans. Equivalent to Supreme Court Judges.
The Chief Election Commissioner and the two Election Commissioners draw salaries and
allowances at par with those of the Judges of the Supreme Court of India as provided for
by the Chief Election Commissioner and other Election Commissioners (Conditions of
Service) Rules, 1992.
Q 8. What is the term of office of the Chief Election Commissioner? Is it
different from the Election Commissioners?
Ans. The Chief Election Commissioner or an Election Commissioner holds office for a
term of six years from the date on which he assumes his office. However, where the
Chief Election Commissioner or an Election Commissioner attains the age of sixty-five
years before the expiry of the said term of six years, he shall vacate his office on the the
date on which he attains sixty-five years of age.
Q 9. When the Commissioner becomes a multi-member Commission, how are
the decisions taken, whether by majority or by consensus?
Ans. Section 10 of the Chief Election Commissioner and other Election Commissioners
(Conditions of Service) Amendment Act, 1993 is reproduced below:(1) The Election Commission may be by unanimous decision, regulate the procedure for
transaction of to business as also allocation of its business amongst the Chief Election
Commissioner and their Election Commissioners.
(2) Save as provided in sub section (i) all business of the Election Commission shall, as
far as possible, be transacted unanimously.
(3) Subject to the provisions of sub-section (ii), if the Chief Election Commissioner and
other Election Commissioners differ in opinion on any matter, such matter shall be
decided by according to the opinion of the majority.
the
Chief
Election
Commissioners
and
Election
such functions as are entrusted to them by the Commission. Earlier, the appointment of
Observers was made under the plenary powers of the Commission. But with the
amendments made to the Representation of the People Act, 1951 in 1996, these are now
statutory appointments. They report directly to the Commission.
contained in a resolution which has been moved after at least fourteen days' notice in
writing signed by not less than one-fourth of the total number of members of the House
has been given of their intention to move the resolution, and (b) such resolution has
been passed by a majority of not less than two-third of the total membership of the
House.
Q 7. Is the President eligible for election for a second term?
Ans. Yes
According to Article 57 of the Constitution, a President is eligible for re-election to that
office.
Q 8. What are the qualifications for election as President?
Ans. According to Article 58 of the Constitution, no person shall be eligible for election
as President unless he is a citizen of India, has completed the age of thirty-five years
and is qualified for election as a member of the House of the People. A person shall not
be eligible if he holds any office of profit under the Government of India or the
Government of any State or under any local or other authority subject to the control of
any of the said Government.
Ans. No
Prior to 1962, there were both single - member and multi member constituencies. These
multi - member constituencies used to elect more than one member. The multimember
constituencies were abolished in 1962.
Q 28. When was the 1st general election held in India?
Ans. 1951-52
The first general election was held in India during 1951 - 1952.
Q 29. At that time, what was the total strength of the LokSabha?
Ans. The total strength of LokSabha at that time was 489.
Cant hold any other government office after his term expires.
Ques-: What is CAGs DPC Act and what are its duties?
Ans-: The CAGs DPC (Duties, power and Conditions of services) Act is a detailed
legislation enacted by parliament in 1971. This Act lays down the service conditions to
secure the autonomous nature of the CAG. It also mandate and puts almost every
spending, revenue collecting or aid/grant receiving unit of government under CAGs audit
domain.
Which all organizations are subject to be audited by SAI India?
All the Union and State Government department including the Indian Railways
defense and Post & telecommunication.
Compliance Audit
Performance Audit
Besides this there are other audits as well on Information technology and
Environmental issues.
Ans-: The Performance Audits are seeks to establish at what cost and to what degree the
policies, programme and projects are working. In addition to all the financial audit
checks it assess whether a scheme or activity deploys sound means to achieve its
intended socio economic objectives.
With the help of GASAB it frames Government Accounting Standard for greater
transparency.
It organizes various workshops and seminars in Accrual Accounting etc for state
govt. dept.
Ans.
The Finance Commission is constituted by the President under article 280 of the
Constitution, mainly to give its recommendations on distribution of tax revenues
between the Union and the States and amongst the States themselves. Two distinctive
features of the Commissions work involve redressing the vertical imbalances between
the taxation powers and expenditure responsibilities of the centre and the States
respectively and equalization of all public services across the States.
Q.2
Ans.
to
the distribution between the Union and the States of the net proceeds of taxes
which are to be, or may be, divided between them and the allocation between the
States of the respective shares of such proceeds;
the principles which should govern the grants-in-aid of the revenues of the States
out of the Consolidated Fund of India;
any other matter referred to the Commission by the President in the interests of
sound finance.
The Commission determines its procedure and have such powers in the performance of
their functions as Parliament may by law confer on them.
Q.3.
Who appoints the Finance Commission and what are the qualifications
for Members?
Ans.
The Finance Commission is appointed by the President under Article 280 of the
Constitution. As per the provisions contained in the Finance Commission [Miscellaneous
Provisions] Act, 1951 and The Finance Commission (Salaries & Allowances) Rules,
1951, the Chairman of the Commission is selected from among persons who have had
experience in public affairs, and the four other members are selected from among
persons who-(a) are, or have been, or are qualified to be appointed as Judges of a High Court; or
(b) have special knowledge of the finances and accounts of Government; or
(c) have had wide experience in financial matters and in administration; or
(d) have special knowledge of economics
Q.4.
Ans.
Ans.
The Finance Commission is required to give its report by 31st October, 2014. Its
recommendations will cover the five year period commencing from 1st April, 2015.
bifurcation date being 1.12.2004. After bifurcation there are at present 12 State Offices
under the jurisdiction of NCSC. These are located at Agartala, Ahmedabad, Bangalore,
Chandigarh, Chennai, Guwahati, Hyderabad, Kolkata, Lucknow, Patna, Pune&
Thiruvananthapuram.
This is the third National Commission for Scheduled Castes and the following
functionaries were appointed with the Warrant in her own hand by Her Excellency the
President of India Smt Pratibha Patil:
Dr P.L Punia----------------Chairperson
Shri Raj Kumar Verka--------Vice-Chairperson
SmtLathaPriyakumar-------Member
Shri RajuParmar------------Member
Shri M. Shivanna------------Member
The Chairperson and the Vice-Chairperson were conferred the Status of Cabinet Minister
and Minister of State respectively.
UPSC
The first Public Service Commission was set up on October 1st, 1926. However, its
limited advisory functions failed to satisfy the peoples aspirations and the continued
stress on this aspect by the leaders of our freedom movement resulted in the setting up
of the Federal Public Service Commission under the Government of India Act 1935.
Under this Act, for the first time, provision was also made for the formation of Public
Service Commissions at the provincial level.
The Constituent Assembly, after independence, saw the need for giving a secure and
autonomous status to Public Service Commissions both at Federal and Provincial levels
for ensuring unbiased recruitment to Civil Services as also for protection of service
interests. With the promulgation of the new Constitution for independent India on 26th
January, 1950, the Federal Public Service Commission was accorded a constitutional
status as an autonomous entity and given the title Union Public Service
Commission
Constitutional Provisions
The Union Public Service Commission has been established under Article 315 of the
Constitution of India. The Commission consists of a Chairman and ten Members.
The terms and conditions of service of Chairman and Members of the Commission are
governed by the Union Public Service Commission (Members) Regulations, 1969.
The Commission is serviced by a Secretariat headed by a Secretary with two Additional
Secretaries, a number of Joint Secretaries, Deputy Secretaries and other supporting
staff.
The Union Public Service Commission have been entrusted with the following duties and
role under the Constitution:
1. Recruitment to services & posts under the Union through conduct of competitive
examinations;
2. Recruitment to services & posts under the Central Government by Selection
through Interviews;
3. Advising on the suitability of officers for appointment on promotion as well as
transfer-on-deputation;
4. Advising the Government on all matters relating to methods of Recruitment to
various services and posts;
5. Disciplinary cases relating to different civil services; and
6. Miscellaneous matters relating to grant of extra ordinary pensions,
reimbursement of legal expenses etc.
The major role played by the Commission is to select persons to man the various Central
Civil Services and Posts and the Services common to the Union and States (viz. All-India
Services).
As far as direct recruitment to the Indian Administrative Service and Indian Police
Service Examination are concerned, it is done through the Civil Services Examination
and for the Indian Forest Service through the Indian Forest Service Examination held
by the Commission.
The relevant Rules and Regulations provide that 33% of the vacancies in the IAS/IPS/IFS
should be filled by promotion from amongst the officers of the State Service in
consultation with the Commission. The Selection Committee presided over by
Chairman/Member of the Commission consists of senior Government representatives of
the Central Government and the State.
DISCIPLINARY MATTERS
To Duties & Role of the Commission
Under Article 320(3) of the Constitution the Commission are required to be consulted on
the quantum of penalties in disciplinary cases affecting a person serving under the
Government of India in a Civil Capacity.
EXTENSION OF FUNCTIONS TO LOCAL BODIES ETC
Article 321 also empowers the Parliament to extend the functions of the Public Service
Commission to any local authority or other body corporate constituted by Law or by any
public institutions.
EXEMPTIONS
In order to exempt some posts which for reasons of National Security or some other
reasons may not be required to be referred to the Commission for their advice, the Union
Public Service Commission (Exemption from Consultations) Regulations were issued on
September 1, 1958, under Article 320(3)(a) and (b) of the Constitution. These
Regulations are amended or revised as and when the need arises.
RECRUITMENT & CONDITIONS OF SERVICE ETC
The Provisions as contained in Article 309 & Article 311 of the Constitution are also
required to be read in conjunction with the provisions as contained in Article 320 of the
Constitution.
Binding nature of the advice of the Commission
A convention has been established by the Government of India, that in the following
classes of the cases referred to the Commission, the recommendations made by them
shall be accepted, save in exceptional circumstances.
a. Quasi-judicial cases.
b. Selection for appointments of candidates.
c. Appointment of a candidate on a higher initial pay than that of a minimum pay of
the posts.
d. Claims of expenditure incurred by the Government servants in defending legal
proceedings instituted against him in respect of acts done or purporting to be
done in the execution of his duty.
ANNUAL REPORTS
The Commission have a duty, under Article 323 of the Constitution to present annually to
the President a Report as to the work done by the Commission and on receipt of such
report, the president shall cause a copy there of together with the Memorandum
explaining, as respect the cases, if any, where the advice of the Commission was not
accepted, the reasons for such non-acceptance to be laid before each House of the
Parliament.