Commissions Flashcards
1
Q
EC article
A
A324
2
Q
EC conducts which elections?
which article?
A
Parliament
State legislatures
President
Vice President
A324
3
Q
Which elections does EC not conduct?
A
Panchayats and municipalities
They by State EC.
4
Q
Is EC a single member body?
Histroy?
A
- 1950- 15 Oct 1989: Single member body.
- 16 Oct 1989- Jan 1990- 3 member body (61st CAA 1988, Enforced in 1989–voting age reduced from 21 to 18–increased work)
- Jan 1990- Oct 1993: Single member body
- Oct 1993 - present : 3 member body (due to T.N. Seshan).
5
Q
Powers of CEC and ECs given by
A
Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991
6
Q
Powers of ECs and CECs acc to 1991 act
A
- Equal powers bw CEC and ECs
- Equal salaries as SC Judge
- Majority voting.
- 6 years term/ age of 65, whichever is earlier.
- Resign by writing to President.
7
Q
A324 gen provisions
A
- CEC + other ECs as President decides
- App by President (CEC, other ECs and Reg Comm)
- Reg com app after consultation w/ Election Commission
- Conditions of service + tenure determined by Pres subject to law made by Parliament.
8
Q
Number of other ECs decided by
A
President.
9
Q
Other ECs and Regional commissioners app by
A
other ECs- by President.
reg comm - by President after consultation w/ Election Commission
10
Q
Chairman of EC
A
CEC
11
Q
A324 provisions to maintain independence of EC
A
- Security of tenure; removal same as SC judge; doesn’t hold office till the pleasure of the president
- Conditions of service cannot be varied to the disadvantage after appointment
- Other EC and reg comm cannot be removed except on the recommendation of the CEC; Security of tenure not available to other ECs and reg comm.
12
Q
Which Election Commissioner
has security of tenure?
A
only CEC.
other ECs and reg comm can be removed on recomm of CEC acc to A324.
13
Q
Flaws in the impartiality of EC
A
The constitution has
- No Prescribed qualification
- No specified term for EC
- Not debarred from further app in govt after retirement
14
Q
In which case the Supreme Court gave directions to ensure independence and neutrality of the Election Commission?
A
Annop Baranwal case 2023
15
Q
Directions given in Anoop Baranwal Case 2023 on indep of EC
A
- CEC and ECs to be app on the recomm of a 3 member committee of
- PM
- leader of opposition and
- CJI - Desirable that grounds of removal of other EC’s shall be same as that of CEC, subject to recomm of CEC as per A324.
- Conditions of service of other ECs not to be varied to their disadv after app.
According to SC, the abv directions shall be in effect until parliament makes a law in consonance with A324.
16
Q
Powers of EC
A
Administrative
- determine elec constituencies
- electoral rolls
- notify dates
- scrutinize nominations
- grant recog to PP + symbols
- code of conduct
- roster for publicity of PP
- req Pres/Gov for staff
- supervise for Free and Fair elections
- grant nat/st party status
Advisory
- adv President- on disqua of MPs
- adv Governor- on disqua of MLA/LCs
- Adv President whether elections can be
held in a state under Pres rule’s election.
Quasi-judicial
- settle recog of PP + symbols disputes
- app off to inquires into disputes
- cancel polls for rigging
17
Q
Delimitation Commission Acts made in
A
1952
1962
1972
2002
18
Q
who are deputy election commissioners
A
They are drawn from the civil service and appointed by the commission with tenure system.,
They are assisted by Secretaries, Joint Secretaries, Deputy Secretaries and Under Secretaries posted in the secretariat of the commission.
19
Q
Describe the structure of Election Commission at state level and below.
A
State level: Chief Electoral Officer: app by CEC in consultation with state govt
District level: District Returning Officer—is the Collector
Constituency level: Returning Officer—app by Collector.
Polling booth: Presiding Officer–app by Collector.
20
Q
Article of FC
A
A280
21
Q
Nature of FC
A
Constitutional, quasi judicial body
22
Q
Who constitutes FC? frequency?
A
President.
Ev 5 years.
23
Q
Latest FC?
A
15th
24
Q
Composition of FC?
App by?
A
5 members
(1 chairman + 4 members)
App by President.
25
Tenure of FC members?
As specified by President.
26
Are FC members eligible for reappointment?
Yes.
27
Who decided the qualifications of FC members?
Parliament.
FC Act, 1951
28
Qualifications of FC members?
Chairman- exp of pub affairs
Members
1. judge of HC/qualified for
2. fin and A/C of govt knowledge
3. fin matters and admin exp
4. economics knowledge
29
Functions of FC
to make recomm to President on-
1. distribution of net proceeds of taxes- to be shared bw centre and states and bw states.
2. grants-in-aid principles (4m centre to st ie CFI)
3. augment CF of state for Panchayats/M based on SFC recomm
4. any matter ref by Pres
- till 1960- also sugg grants given to BOWA- BH, OD, WB, AS-- in lieu of proceeds on export duty of jute and jute products.
30
To whom does FC submit its report?
to President who lays it before both houses
along with explanatory memorandum on action taken on these recomm.
31
Nature of FC's advise?
Non- binding on govt.
32
Who said
"Since Finance Commission is a constitutional body expected to be a quasi judicial body, its recommendations should not be turned down by the government of India unless there are very compelling reasons"
Dr, P.V Rajamannar
chairman of 4th FC.
33
Functions of the FC used to overlap with which body
Planning Commission, till 2015.
34
which body is the balancing wheel of fiscal federalism in India
Finance Commission.
35
36
When was the first finance commission constituted?
chairman?
1951.
Chairman- K.C. Neogy.
37
15th finance commission
Chairman?
appointed in?
submitted report in?
period of implementation of report?
N.K. Singh.
2017- app
2019 & 2020- reports
2020-2026- period of implementation.
38
A280
FC
39
A281
Recomm of FC
40
A282
Miscellaneous financial provision.
(OFU: spl packages)
41
GST Council est by
101 CAA 2016
42
101 CAA added which article
A279-A
43
GST Council formed for?
secretariat in ?
Secretary of council?
coop and coordination bw centre and states while implementing new tax regime
New Delhi.
Union Revenue Secretary- ex-officio Sec to council.
44
A279-A
Empowers President to constitute GST council by an order.
est in 2016
45
Who forms GST council ?
President, acc to A279-A
46
Composition of GST Council
1. Chairperson- Union Fin Min
2. Union Min of State in charge of fin/ revenue
3. Min in charge of Fin/Taxation/ other min nominated by State govts
4. Chairperson of CBIC (Cent Board of Indirect Taxes and Customs) is a permanent invitee (non voting)
- Vice Chairperson- decided by States amongst themselves. they decide his term.
47
Permanent invitee to the GST Council decided by the Union Cabinet
Chairperson of CBIC (Cent Board of Indirect Taxes and Customs) is a permanent invitee (non voting)
48
Quorum of GST council
1/2 of the total members
49
What maj in GST Council?
Maj of 3/4th of weighted votes of present and voting at the meeting
- cent govt vote- weightage of 1/3rd of tot votes cast in that meeting
- all state govts vote- weightage of 2/3rd of tot votes cast in that meeting
50
Do the proceedings of the GST Council become invalid when there is
a vacancy or defect in the Constitution of the council
or a defect in the appointment of a member
or any procedural any irregularity?
No.
51
Functions of GST Council
to Make recommendations to centre and states on
- Taxes sessions and surcharges
- Subjection and exemption from gst
- Laws on interstate trade
- Turnover limit for G S T exemption
- Flow rates with bands of GST
- Special rates to raise additional resources
- Special provisions for 7 sisters + J&K+ HP +UK
- Other matters related to GST
- Date to Levy GST on various fuels
- Dispute mechanism about recomm/implementation-- bw centre and states and bw states
- Compensation to states for loss of revenue for five years (law in 2017)
52
GST Council is a joint forum bw?
Centre and states.
53
History of formation of NCSC
- A388- Special Officer for SCc and STs
- investigate and report to President
designation: Commissioner of SCs and STs
- 1978: Comm for SCs and STs (via a reso, non-statutory multi member comm) + Office of Comm for SCs and STs
- 1987: comm renamed as NC-ST &STs (via a reso) (a Nat Level Advisory Body)
- 65th CAA 1990- est NCSCs & STs
- in place of single Spl Officer for SCs & STs
- replaced both 1987 comm and Commissioner of SCc and STs
- came into force in 1992
- 89th CAA 2003- bifurcated the commission- NCSC- A338; NCST - A338-A
- inserted A338-A
- In force in 2004
- 2004: separate commissions came in to existence
54
Composition of NCSC, NCST and NCBC?
App by?
Service conditions and tenure decided by ?
Hold office for?
Reappointment?
5 Members.
1 chairperson
1 vice chairperson
3 members
App by President.
Decided by President.
3 years term.
Not eligible for app for more than 2 terms.
55
NCST est by which article
A338-A
56
NCST est by which Act? cam into force in?
65th CAA, 1990
Force in 1992.
57
Min of Tribal Affairs est in?
1999
58
Which ministry overlooks SCs?
Min of Social Justice and Empowerment
59
When did the separate Nat commissions for scheduled castes and tribes come into force?
2004
60
other functions of NCST acc to President in 2005
- Ownership rights wrt minor forests produce
- Safeguard rights over mineral, water
resources
- Viable livelihood strategies for tribals
- Relief and rehabilitation for displaced
groups
- Prevention of alienation from land
- Involvement of tribals in afforestation
- PESA Act, 1996 implementation
- Eliminating shifting cultivation by tribals
61
When do NCSC and NCST submit report and to whom?
To the President annually, or when President thinks necessary.
62
What does the President do with the reports of NCSC, NCST and NCBC?
- submits it to the Parliament
- along with a memorandum explaining
action taken on recomm.
- it also contains reasons for non acceptance of any of such recomm
-NCSC & NCST: President also forwards any report of the commission pertaining to state government to the state governor the governor places it before the state Legislature along with the memorandum explaining acceptance and non acceptance of recommendations.
- NCBC: President places such reports before the parliament with a memorandum explaining the action taken on these recommendations and also contains reasons for non acceptance of such recommendations
- the president also forwards any report of the NCBC pertaining to a state government to the state government and not to the state governor.
(Clause 7 of A338B)
- The state government places it before the state Legislature along with a memorandum explaining the action taken on the acceptance and nonacceptance of recommendations
63
Powers of NCSC
- Regulate its own procedure
- powers of a civil court while inquiring
- Is required to discharge similar functions with regard to Anglo Indian community
- Till 2018 also discharged similar functions with regard to OBCs but was relieved of this resp by 102nd CAA 2018
- - Centre and state govts req to consult the comm on all major policy matters affecting the SCs.
64
Is there a separate national commission for Anglo-Indian community as is for scheduled castes, schedules tribes, etc?
No.
Looked after by NCSC.
(Clause 10 of A338)
65
Powers of NCST
- Regulate its own procedure
- powers of a civil court while inquiring
- Centre and state govts req to consult the comm on all major policy matters affecting the STs.
66
Who submits the reports of the NCSC and NCST to whom?
President to Parliament
(also forwards to state governor if it concerns the state, who places it before the state legislature).
67
Powers of NCBC
Regulate its own procedure
- powers of a civil court while inquiring
- Centre and state govts req to consult the comm on all major policy matters affecting the SEBCs
- 105th CAA 2021 exempted state governments from consulting the NCBC with respect to preparation and maintenance of the list of SEBC's for their own purposes.
68
To whom does the president forward the report of NCBC when it concerns the state?
To the state government and not the state governor.
69
How was the NCBC est?
- Mandal case judgement 1992
SC directed the cent govt to constitute a permanent statutory body.
- To examine complaints of inclusion, over-inclusion non-inclusion of citizens in list of backward classes
- NCBC set up in 1993. (NCBC Act, 1993)
- 102nd CAA 2018- inserted A338-B and gave it constitutional status from a statutory status.
70
When was NCBC set up?
when did it gain const status?
1993 via NCBC Act 1993
const status via 102nd CAA, 2018.
71
NHRC and SHRCs constituted by
Protection of HR Act 1993
72
What type of body is the NHRC?
Statutory not constitutional
73
When did India adopt the
Int Con on Civil and Pol Rights and the Int Con on Eco, Social and Cultural Rights
adopted by the UNGA
April 10 1979
74
Composition of NHRC
Chairman and five members+
7 ex-officio members- chairpersons of NCSC, NCST, NCBC, NCM, NCW, NCPCR, CCPwD.
75
qualifications of NHRC members
Chairperson: Retired CJI or a Retired SC Judge
Members:
- Serving a retired judge of SC
- serving a retired CJ of HC and
- 3 persons out of which one at least should be a woman, having knowledge or practical experience with respect to HR
76
how are NHRC members appointed and by whom?
By President, on recomm of 6 member committee
1. PM
2. Speaker LS
3. Deputy Chairman RS
4. leader of opp LS
5. leader of opp RS
6. Cent Home Minister
77
Tenure of NHRC and SHRC members
- 3 years or until 70 y/o whichever is earlier
- eligible for reappointment
- no further employment under cent/ state govt
78
NHRC and SHRC members removed by
President.
SHRC app by Gov still removed by President.
79
Who decides the salaries of NHRC and SHRC members
NHRC- cent govt
SHRC- state govt
80
Gen powers of NHRC and SHRC
- regulate their own procedures
- powers of civil court
- proceedings of judicial character
81
By when NHRC and SHRC inquire into a matter?
Before expiry of 1 year from the date on wh act was committed
82
Nature of recomm of NHRC and SHRC
Recommendatory ie not binding.
No power to punish or award relief.
But need to be informed in one month abt action taken on recomms
83
NHRC has limited powers agn violation of HR by
Armed forces.
It can seek a report from cent govt & give recomms. Cent govt to inform actions taken within 3 months
84
To whom does NHRC submit its annual reports?
Cent govt & state govt if concerned
Laid before leg along with memorandum of action and non action on recomms
85
From which Ministry does NHRC receive grant in aids?
MHA, GoI
86
Problems with NHRC
1. Administrative constraints
2. Financial constraints
3. Manpower constraints
87
SHRC is constituted by which article/law?
Protection of HR Act 1993
88
Who constitutes SHRC
state govt
89
SHRC can inquire into what
state and concurrent list subjects.
if its already being inquired by NHRC then SHRC does not.
90
Who confers the SHRCs functions related to SHRCs ?
Three exceptional UTs?
Cent govt
1. No SHRC for J&K and Ladakh
2. Delhi under NHRC not SHRC
91
Does Delhi have SHRC?
No.
92
Do UTs have SHRC?
No but cent govt can give SHRC functions related to UTs except J&K, Ladakh and Delhi.
93
Composition of SHRC
Chairperson + 2 members
94
Qualifications of SHRC members
Chairperson: Retired CJ of HC or HC judge
Members:
- serving or retired HC judge or
- district judge w/ min 7 yrs exp as Dist judge
- a person having exp in HR for 7 yrs.
95
Who appoints members of SHRC?
Governor on recomm of committee
- CM
- Speaker of LA
- State Home Minister
- leader of opp of LA
- Chairman of LC if there
- leader of opp of LC
96
Who appoints and removes members of SHRC?
App by Governor
Removed by President.
97
To whom does SHRC submit its annual reports?
State govt
Laid before leg (both if LC is there) along with memorandum of action and non action on recomms.
98
HR Courts est by which Act?
Where?
By whom?
A special officer ass with it?
- By Protection of HR Act 1993
- it provides for est of HR courts in every district for speedy trial on HR violations.
- set up by State govt after concurrence w/ CJ of HC
- each has a public prosecutor/ an advocate w/ 7 yrs practice as a special public prosecutor.
99
Provisions/ changes made by Protection of HR (Amendment) Act 2019-
- SC judge can be app chair of NHRC
- HC judge can be app chair of SHRC
- reduced term from 5 to 3 yrs for NHRC & SHRC members
- now eligible for reapp
- increased no. of members of NHRC who are to be app for having HR prac knowledge from 2 to 3 out of wh 1 has to be a woman.
- made chairpersons of NCBCs, NCPCR & CCPwD ex officio members of NHRC
- Secretary general of NHRC to exercise all admin and fin powers (except judicial powers + regulation making power) subject to control of chairperson
- Secretary of SHRC to exercise all admin and fin powers subject to control of chairperson
- Delhi---NHRC
- Cent govt--functions of UTs-- SHRC
except Delhi
[ coz J&K & Ladakh are exceptions
by J&K Reorg (Adaptation of Cent laws) Order 2020 &
UT of Ladakh Reorg (Adaptation of Cent laws) Order 2020 ]
100
Powers of Sec Gen of NHRC and Sec of SHRC
- Secretary general of NHRC to exercise all admin and fin powers (except judicial powers + regulation making power) subject to control of chairperson
- Secretary of SHRC to exercise all admin and fin powers subject to control of chairperson
101
Was Special Officer for Linguistic Minorites always a constitutional post?
No.
Recomm by States Reorg Comm 1953--55
est by 7th CAA 1956 wh inserted A350-B in Part XVII
Created in 1957.
Designation- Commissioner for Linguistic Minorites (CLM)
102
Designation of Special Officer for Linguistic Minorites
Commissioner for Linguistic Minorites (CLM)
103
Which article est Commissioner for Linguistic Minorites (CLM)
A350-B Part XVII
by 7th CAA 1956
104
Who appoints Special Officer for Linguistic Minorites
President
105
Does the const mention tenure, salaries, qualification of Special Officer for Linguistic Minorites
No.
106
What is a linguistic minority?
Whose mother tongue is diff from that of majority in a state or a part of state.
- determined on a state wise basis
107
Linguistic minorities determined on what basis
State wise.
108
HQ of Special Officer for Linguistic Minorites
New Delhi from 1957.
Briefly shifted to Allahabad, now back to Delhi since 2015.
109
Special Officer for Linguistic Minorites is under wh minsitry
Min of Minority Affairs
110
Special Officer for Linguistic Minorites submits reports to
President thru Union Minority Affairs Minister
as it is under ministry of Minority Affairs.
111
Commissioner for Linguistic Minorites (CLM) is assisted by
- 3 regional offices each headed by an Assistant Commissioner at
Belgaum
Chennai
Kolkata
- At HQ assisted by Deputy Commissioner and an Assistant Commissioner.
- CLM maintains liaison w/ state govts & UTs thru nodal officers app by them.
