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Question 71

Allahabad High Court RO/ARO 2021• Test

The Chairman of Public Accounts Committee is appointed by :

  1. AOption (a)

    Speaker of Lok Sabha

  2. BOption (b)

    President

  3. COption (c)

    Prime Minister

  4. DOption (d)

    Chief Justice

View answer & explanation

Correct answer

Answer: (a)A.

Speaker of Lok Sabha

Why this answer is correct

The correct answer is Speaker of Lok Sabha.

Key Points

  • The Chairman of the Public Accounts Committee (PAC) is appointed by the Speaker of Lok Sabha from among its members. Hence, the statement regarding the Speaker of Lok Sabha is correct.
  • Until 1966-67, the Chairman of the committee belonged to the ruling party. However, a convention was established in 1967 where the Chairman is invariably selected from the Opposition.
  • The Public Accounts Committee consists of 22 members, with 15 members elected from the Lok Sabha and 7 members from the Rajya Sabha.
  • The term of office of the members is one year, ensuring a regular rotation and scrutiny of public accounts.
  • A Minister cannot be elected as a member of the committee to maintain parliamentary oversight independent of the executive. If a member is appointed as a minister after election to the committee, they cease to be a member from the date of such appointment.
  • The President of India is the Head of State and appoints the Prime Minister and the Comptroller and Auditor General (CAG), but does not appoint committee chairmen. Hence, the statement regarding the President is incorrect.
  • The Prime Minister is the Head of Government and leader of the executive, but the appointment of legislative committee chairs is a prerogative of the Presiding Officer of the House. Hence, the statement regarding the Prime Minister is incorrect.
  • The Chief Justice of India is the head of the Judiciary and does not interfere in the internal administrative or legislative procedures of the Parliament. Hence, the statement regarding the Chief Justice is incorrect.

Additional Information

  • Historical Background: The Public Accounts Committee was first established in 1921 under the provisions of the Government of India Act of 1919 (also known as the Montagu-Chelmsford Reforms).
  • Election Method: The members are elected by the Parliament every year from amongst its members according to the principle of proportional representation by means of the single transferable vote.
  • Primary Function: The main duty of the committee is to examine the audit reports submitted by the Comptroller and Auditor General (CAG) of India. These reports include the Appropriation Accounts and Finance Accounts.
  • Scope of Work: The committee examines the expenditure of the Government of India to ensure that money granted by Parliament has been spent within the scope of the demand and for the authorized purpose.
  • Financial Committees: The PAC is one of the three Financial Standing Committees of the Indian Parliament, alongside the Estimates Committee and the Committee on Public Undertakings.

Important Points

  • Role of CAG: The Comptroller and Auditor General (CAG) acts as a "friend, philosopher, and guide" to the Public Accounts Committee during its deliberations and examination of public spending.
  • Limitations: The committee is not an executive body; it can only examine the expenditure after it has been incurred. Its findings are advisory in nature, and it cannot issue binding orders to the government.
  • Administrative Accountability: The PAC plays a vital role in ensuring administrative accountability by highlighting technical irregularities, wasteful expenditure, and financial mismanagement in various government departments.
  • Transparency: By scrutinizing revenue receipts and expenditure, the committee helps maintain transparency in public finance, which is a cornerstone of democratic governance in India.

Question 72

Allahabad High Court RO/ARO 2021• Test

Who was the only Lok Sabha Speaker to have become the President of India ?

  1. AOption (a)

    V.V. Giri

  2. BOption (b)

    Neelam Sanjiva Reddy

  3. COption (c)

    Gaini Zail Singh

  4. DOption (d)

    S. Radhakrishnan

View answer & explanation

Correct answer

Answer: (b)B.

Neelam Sanjiva Reddy

Why this answer is correct

The correct answer is Neelam Sanjiva Reddy.

Key Points

  • Neelam Sanjiva Reddy holds the unique distinction of being the only Speaker of the Lok Sabha to have been elected as the President of India.
  • He served as the Speaker of the Fourth Lok Sabha from 1967 to 1969. He resigned from the post of Speaker to contest the Presidential election in 1969 as the official candidate of the Indian National Congress, though he lost that particular election to V.V. Giri.
  • He was elected again as the Speaker of the Sixth Lok Sabha on 26 March 1977. However, he resigned from the Speaker’s office shortly after on 13 July 1977 to contest for the presidency once more.
  • On 25 July 1977, he was sworn in as the Sixth President of India, serving a full term until 1982.
  • He is also the only President in the history of India to have been elected unopposed. Hence, the statement regarding his transition from Speaker to President is correct.

Additional Information

  • Early Life and State Politics: Neelam Sanjiva Reddy was born on 19 May 1913 in Illur village of Anantapur district in Andhra Pradesh. Before moving to national politics, he served as the first Chief Minister of Andhra Pradesh from 1956 to 1960 and again from 1962 to 1964.
  • Union Ministry: He held several significant portfolios in the Union Cabinet, including the Minister of Transport, Civil Aviation, Shipping, and Tourism in 1966. He was also a member of the Rajya Sabha.
  • Congress Leadership: He served as the President of the Indian National Congress during the 1960 to 1962 period, presiding over the 64th, 65th, and 66th sessions at Bangalore, Bhavnagar, and Patna.
  • The 1977 Election: Following the Internal Emergency (1975-1977), Reddy won the election to the Lok Sabha from the Nandyal constituency in Andhra Pradesh as a candidate of the Janata Party.

Important Points

  • V.V. Giri: He was the Fourth President of India (1969–1974). He previously served as the Vice President and became the Acting President upon the death of Zakir Husain. He was never the Speaker of the Lok Sabha.
  • Giani Zail Singh: He served as the Seventh President of India (1982–1987). Prior to his presidency, he was the Chief Minister of Punjab and the Union Home Minister. He did not hold the post of Speaker.
  • S. Radhakrishnan: He was the Second President of India (1962–1967) and the first Vice President of India. He was an eminent philosopher and statesman, but he never served as the Speaker of the Lok Sabha.
  • Constitutional Provision: Under Article 52 of the Indian Constitution, there shall be a President of India. The President is the Head of State and the Supreme Commander of the Armed Forces. The Speaker of the Lok Sabha is the presiding officer of the Lower House, elected by the members under Article 93.

Question 73

Allahabad High Court RO/ARO 2021• Test

“Pandwani” is the famous folk dance form of which State ?

  1. AOption (a)

    Uttarakhand

  2. BOption (b)

    Chhattisgarh

  3. COption (c)

    Madhya Pradesh

  4. DOption (d)

    Uttar Pradesh

View answer & explanation

Correct answer

Answer: (b)B.

Chhattisgarh

Why this answer is correct

The correct answer is Chhattisgarh.

Key Points

  • Pandwani is a traditional folk dance-drama and narrative singing style originating from the Indian state of Chhattisgarh. It is one of the most celebrated oral traditions of Central India, often performed in parts of Madhya Pradesh, Odisha, and Andhra Pradesh as well.
  • The performance revolves around the episodes of the Mahabharata, specifically focusing on the lives of the Pandavas. The term Pandwani literally means "stories or songs of the Pandavas."
  • The main artist typically narrates the story with great vigor and emotion, holding a Tambura (a long-necked plucked string instrument) decorated with peacock feathers and small bells. The Tambura is used not just as a musical instrument but as a prop to represent a mace, bow, or a sword during the enactment.
  • The lead singer is supported by a group of musicians playing instruments like the Harmonium, Tabla, Dholak, and Manjira. The performers often use Kartals (wooden clappers) to maintain the rhythm.
  • Teejan Bai is the most iconic exponent of this art form. She was the first woman to perform Pandwani in the Kapalik style, which was traditionally a male domain. She was honored with the Padma Shri in 1987, Padma Bhushan in 2003, and the Padma Vibhushan in 2019.

Additional Information

  • Styles of Pandwani:
  • Vedamati Style: In this traditional style, the artist performs in a sitting position throughout the narration. It is more poetic and follows a structured musical format. Punaram Nishad is a famous proponent of this style.
  • Kapalik Style: This is a more dynamic and theatrical style where the performer is standing, moving, and dancing while narrating. It involves improvisation and intense physical gestures to depict battle scenes.
  • Geographic and Ethnic Context: Chhattisgarh, formed on 1 November 2000, is home to diverse tribal communities like the Gonds, Baigas, and Bhils. Pandwani is deeply rooted in the tribal culture of these regions.
  • Other Notable Folk Arts of Chhattisgarh:
  • Raut Nacha: A ceremonial dance performed by the Yaduvanshi community during Dev Uthani Ekadashi, usually involving sticks and colorful costumes.
  • Panthi Dance: A sacred dance of the Satnami community, often performed on the birth anniversary of Guru Ghasidas.
  • Karma Dance: Performed by tribals during the Karma festival in August, symbolizing the planting of trees.
  • Uttarakhand: Known for folk forms like Choliya (a sword dance) and Jhora-Chanchri. Pandav Nritya is also performed here, which is different from the narrative singing of Pandwani.
  • Madhya Pradesh: Famous for Maach (folk theatre) and Matki dance. While Pandwani is performed here, its geographical heart remains in the Durg and Raipur regions of Chhattisgarh.
  • Uttar Pradesh: Renowned for Kathak (classical), Nautanki, and Raslila.

Important Points

  • The Pandwani tradition was historically a male-dominated field until artists like Teejan Bai and Binny Bai broke social barriers to perform in public.
  • The Sahitya Akademi and Sangeet Natak Akademi have played significant roles in promoting this folk form globally through festivals and grants.
  • The stories in Pandwani are not just recitations; they include humor, satire, and social commentary, making it a versatile tool for communication in rural India.
  • Numerical Value: There are approximately 18 Parvas (books) in the original Mahabharata, and a full Pandwani cycle can last for several nights, though modern versions are condensed into 2 to 3-hour performances.

Question 74

Allahabad High Court RO/ARO 2021• Test

“Khalsa Panth” was founded by Guru Gobind Singh in which year ?

  1. AOption (a)

    1599

  2. BOption (b)

    1699

  3. COption (c)

    1707

  4. DOption (d)

    1657

View answer & explanation

Correct answer

Answer: (b)B.

1699

Why this answer is correct

The correct answer is 1699.

Key Points

  • The Khalsa Panth was formally founded by Guru Gobind Singh, the 10th Sikh Guru, on 13 April 1699. This momentous event took place at Anandpur Sahib in Punjab on the auspicious day of Vaisakhi.
  • The creation of the Khalsa marked the transformation of the Sikh community into a group of saint-soldiers. The Guru initiated the first five members, known as the Panj Pyare (the Five Beloved Ones), who came from different castes and regions of India, symbolizing equality and unity.
  • During the initiation ceremony, Guru Gobind Singh prepared Amrit (holy nectar) in an iron bowl using a Khanda (double-edged sword) while reciting Gurbani. This baptism ceremony (Amrit Sanchar) became the standard for entry into the Khalsa.
  • Members of the Khalsa were instructed to wear the Five Ks (Panj Kakar) at all times: Kesh (uncut hair), Kangha (a wooden comb), Kara (an iron bracelet), Kachera (cotton undergarments), and Kirpan (an iron sword).
  • The Guru gave the title of Singh (Lion) to men and Kaur (Princess) to women, effectively abolishing the caste-based surnames that were prevalent in society at that time.

Additional Information

  • Guru Gobind Singh: He was born in 1666 at Patna, Bihar. He became the Guru at the young age of nine following the martyrdom of his father, Guru Tegh Bahadur, who was executed by the Mughal Emperor Aurangzeb for protecting religious freedom.
  • Historical Context: The founding of the Khalsa was a response to the religious persecution and tyranny of the Mughal Empire. It provided a structured military and social framework for Sikhs to defend themselves and the oppressed.
  • Linguistic and Literary Contributions: Guru Gobind Singh was a great scholar and poet. His writings are compiled in the Dasam Granth. He also composed the Zafarnama (Victory Letter) in Persian, addressed to Aurangzeb, criticizing the Emperor's lack of morality and justice.
  • Guru Granth Sahib: Before his death in 1708 at Nanded, Maharashtra, Guru Gobind Singh declared that there would be no more human Gurus. He installed the Adi Granth as the Guru Granth Sahib, the eternal spiritual guide for the Sikh Panth.
  • Vaisakhi Festival: While it was originally a harvest festival in North India, Vaisakhi gained supreme religious importance for Sikhs after the 1699 event, celebrating the birthday of the Khalsa.

Important Points

  • Social Reform: The establishment of the Khalsa was one of the most radical social reforms in Indian history, as it completely rejected Brahmanical social hierarchies and advocated for gender equality and fraternity.
  • The Khalsa Code (Rahit Maryada): The Guru established a code of conduct for the Khalsa, which prohibited tobacco, intoxicants, and adultery, while emphasizing daily prayers (Nitnem) and charity (Dasvandh).
  • Military Prowess: Under the leadership of the Guru, the Khalsa fought several battles against the Mughal forces and the Hill Rajas, such as the Battle of Bhangani and the Battle of Chamkaur, demonstrating extraordinary courage and tactical skill.

Question 75

Allahabad High Court RO/ARO 2021• Test

MODVAT is related to :

  1. AOption (a)

    Sales Tax

  2. BOption (b)

    Wealth Tax

  3. COption (c)

    Excise Duty

  4. DOption (d)

    Income Tax

View answer & explanation

Correct answer

Answer: (c)C.

Excise Duty

Why this answer is correct

The correct answer is Excise Duty.

Key Points

  • MODVAT, which stands for Modified Value Added Tax, is a tax scheme that was specifically designed to be an extension and modification of the Central Excise Duty in India.
  • It was officially introduced in the Union Budget of 1986-87 by the then Finance Minister Vishwanath Pratap Singh (V.P. Singh) to reform the indirect tax structure of the country.
  • The primary objective of MODVAT was to eliminate or reduce the cascading effect of taxes, which refers to the phenomenon of "tax on tax" where the tax is levied at every stage of production without relief for taxes paid on inputs.
  • Under this system, manufacturers were allowed to claim credit for the excise duty paid on raw materials, components, and other inputs used in the process of manufacturing the final product.
  • By providing this input tax credit, the scheme ensured that the excise duty was effectively levied only on the value added at each stage of production, making Indian goods more competitive in the market.

Additional Information

  • Excise Duty: This is an indirect tax levied by the Government of India on the manufacture or production of goods within the domestic territory. It is distinct from Customs Duty, which is levied on imports. Currently, most excise duties (except on petroleum and alcohol) have been subsumed into GST.
  • Sales Tax: Historically, this was a tax levied on the sale or purchase of goods. In India, it was primarily a state-level tax. It was later replaced by Value Added Tax (VAT) in 2005, and eventually by the Goods and Services Tax (GST) in 2017.
  • Wealth Tax: This was a direct tax charged on the net wealth of individuals, Hindu Undivided Families (HUFs), and companies. It was governed by the Wealth Tax Act, 1957, but was abolished in the Union Budget of 2015-16 to simplify the tax system and reduce the cost of collection.
  • Income Tax: This is a direct tax levied on the annual income of individuals and businesses. It is governed by the Income Tax Act, 1961. The tax rates are determined by slabs and are revised annually in the Union Budget.

Important Points

  • Transition to CENVAT: In the year 2000-01, MODVAT was replaced and renamed as CENVAT (Central Value Added Tax). This change aimed to further expand the scope of tax credits and simplify the excise duty administration.
  • GST Implementation: On July 1, 2017, India underwent a massive tax overhaul with the implementation of the Goods and Services Tax (GST). This comprehensive indirect tax subsumed CENVAT, Service Tax, VAT, and Central Sales Tax into a single unified system.
  • Legislative Framework: The legal framework for excise duties in India was originally provided by the Central Excise Act, 1944 and the Central Excise Tariff Act, 1985. These laws defined the taxable event as the manufacture of goods.
  • Economic Impact: The introduction of MODVAT and its successors helped in reducing the overall cost of production for manufacturers, which eventually benefited the final consumers by keeping prices in check and encouraging industrial growth.

Question 76

Allahabad High Court RO/ARO 2021• Test

The Union Public Service Commission of India has been established under the Article :

  1. AOption (a)

    Article 122

  2. BOption (b)

    Article 178

  3. COption (c)

    Article 272

  4. DOption (d)

    Article 315

View answer & explanation

Correct answer

Answer: (d)D.

Article 315

Why this answer is correct

The correct answer is Article 315.

Key Points

  • Article 315 of the Constitution of India provides for the establishment of a Public Service Commission for the Union and a Public Service Commission for each State. It is under this provision that the Union Public Service Commission (UPSC) is constituted as an independent constitutional body.
  • The UPSC serves as the central recruiting agency in India, responsible for conducting examinations for appointments to the services of the Union, including the All India Services, Central Services, and Public Services of the Union Territories.
  • The Chairman and other members of the Union Public Service Commission are appointed by the President of India. The Constitution does not specify the strength of the Commission but leaves it to the discretion of the President; typically, it consists of 9 to 11 members.
  • As per Article 316, a member of the UPSC holds office for a term of six years or until they attain the age of 65 years, whichever is earlier.
  • The Commission is mandated to present an annual report to the President regarding its performance, which is then laid before both Houses of Parliament along with a memorandum explaining cases where the advice of the Commission was not accepted.

Additional Information

  • Article 122: This article pertains to the Parliament and stipulates that the validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure. It essentially bars the Courts from inquiring into the internal proceedings of the Legislature.
  • Article 178: This article deals with the State Legislature. It mandates that every Legislative Assembly of a State shall choose two members of the Assembly to be respectively the Speaker and Deputy Speaker thereof.
  • Article 272: This article was related to taxes which were levied and collected by the Union and could be distributed between the Union and the States. However, it was omitted by the Constitution (Eightieth Amendment) Act, 2000.
  • Historical Background of UPSC: The first Public Service Commission was established on October 1, 1926, following the recommendations of the Lee Commission of 1924. Later, the Government of India Act, 1935 provided for a Federal Public Service Commission, which was renamed the Union Public Service Commission after Independence in 1950.
  • State Public Service Commission (SPSC): Just as the UPSC is established for the Union under Article 315, the same article provides for the creation of an SPSC for individual states. The members of an SPSC are appointed by the Governor of the state but can only be removed by the President.

Important Points

  • Independence of the Commission: To ensure the functional autonomy of the UPSC, the Chairman is ineligible for further employment under the Government of India or any State Government after ceasing to hold office.
  • Removal Procedure: The President can remove the Chairman or any member for misbehavior, but only after the Supreme Court conducts an inquiry and upholds the cause for removal. This process ensures protection against arbitrary political interference.
  • Expenses: The entire expenses of the UPSC, including salaries, allowances, and pensions of members and staff, are charged on the Consolidated Fund of India. This means they are not subject to the annual vote of the Parliament, further safeguarding its independence.
  • Consultative Role: Under Article 320, the UPSC must be consulted on all disciplinary matters affecting a person serving the Government in a civil capacity and on any claim for the award of a pension in respect of injuries sustained while serving.

Question 77

Allahabad High Court RO/ARO 2021• Test

Who was the first Comptroller and Auditor General of Independent India ?

  1. AOption (a)

    A.K. Chandra

  2. BOption (b)

    A.K. Roy

  3. COption (c)

    S. Ranganathan

  4. DOption (d)

    V. Narahari Rao

View answer & explanation

Correct answer

Answer: (d)D.

V. Narahari Rao

Why this answer is correct

The correct answer is V. Narahari Rao.

Key Points

  • V. Narahari Rao served as the first Comptroller and Auditor General (CAG) of Independent India. His tenure spanned from 1948 to 1954.
  • He was instrumental in establishing the foundations of the audit and accounts system in the newly independent nation, ensuring financial accountability of the executive to the legislature.
  • For his distinguished contributions to civil service and public administration, he was awarded the Padma Bhushan, India's third-highest civilian honor, in the year 1954.
  • The position of the CAG is a constitutional post, and V. Narahari Rao was the first to hold it under the provisions of the Constitution of India which came into effect in 1950.
  • During his term, he worked on the reorganization of the Indian Audit and Accounts Department to align with the needs of a sovereign democratic republic.

Additional Information

  • Constitutional Status: The Comptroller and Auditor General of India is established under Article 148 of the Constitution. It is regarded as one of the four bulwarks of the Indian Constitution, alongside the Supreme Court, the Election Commission, and the Union Public Service Commission.
  • Appointment and Removal: The CAG is appointed by the President of India by warrant under his hand and seal. The removal process is rigorous, being identical to that of a Judge of the Supreme Court, requiring a special majority in both houses of Parliament on grounds of proved misbehavior or incapacity.
  • Tenure and Conditions: The CAG holds office for a period of 6 years or until they attain the age of 65 years, whichever is earlier. To maintain independence, the CAG is ineligible for any further office under the Government of India or any State Government after retirement.
  • Guardian of the Public Purse: The CAG controls the entire financial system of the country at both the Union and State levels. Dr. B.R. Ambedkar famously stated that the CAG shall be the most important officer under the Constitution of India.
  • Current Leadership: As of recent records, the office is held by Girish Chandra Murmu, who assumed the position as the 14th CAG of India on 8th August 2020. He previously served as the first Lieutenant Governor of the Union Territory of Jammu and Kashmir.

Important Points

  • Duties and Powers (Article 149): The CAG audits the accounts related to all expenditure from the Consolidated Fund of India, the Consolidated Fund of each State, and each Union Territory having a Legislative Assembly.
  • Reports (Article 151): The CAG submits three audit reports to the President: Audit report on appropriation accounts, Audit report on finance accounts, and Audit report on public undertakings. These are then placed before the Public Accounts Committee (PAC) of the Parliament.
  • Administrative Expenses: The administrative expenses of the office of the CAG, including all salaries, allowances, and pensions, are charged upon the Consolidated Fund of India and are not subject to vote by the Parliament.
  • Audit of Receipts: Apart from expenditure, the CAG also audits receipts of the Union and the States to ensure that the rules and procedures in that behalf are designed to secure an effective check on the assessment, collection, and proper allocation of revenue.

Question 78

Allahabad High Court RO/ARO 2021• Test

Who administers the oath of office to the President of India before he assumes office ?

  1. AOption (a)

    Chief Justice

  2. BOption (b)

    Speaker

  3. COption (c)

    Vice President

  4. DOption (d)

    Prime Minister

View answer & explanation

Correct answer

Answer: (a)A.

Chief Justice

Why this answer is correct

The correct answer is Chief Justice.

Key Points

  • According to Article 60 of the Constitution of India, every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India an oath or affirmation.
  • In the absence of the Chief Justice of India, the oath is administered by the senior-most Judge of the Supreme Court available at that time.
  • The substance of the oath is that the President will faithfully execute the office, preserve, protect, and defend the Constitution and the law, and devote himself/herself to the service and well-being of the people of India.
  • The President is the nominal executive authority or the constitutional head of the state, and all executive decisions are taken in his/her name under Article 77.
  • This administrative ceremony usually takes place in the Central Hall of Parliament in New Delhi.

Additional Information

  • Qualifications for Election as President (Article 58):
  • The person must be a citizen of India.
  • He/she must have completed the age of 35 years.
  • The candidate must be qualified for election as a member of the Lok Sabha (House of the People).
  • The person should not hold any office of profit under the Government of India, the Government of any State, or any local or other authority.
  • Term and Resignation (Article 56):
  • The President holds office for a term of 5 years from the date on which he/she enters the office.
  • The President may, by writing under his/her hand addressed to the Vice President, resign from the office.
  • The President can be removed from office by impeachment for the violation of the Constitution as per Article 61.
  • Election of President (Article 54):
  • The President is elected not directly by the people but by members of an electoral college.
  • This college consists of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States (including National Capital Territory of Delhi and the Union Territory of Puducherry).

Important Points

  • Constitutional Status: The President is the First Citizen of India and acts as the symbol of unity, integrity, and solidarity of the nation.
  • Salary and Perks: The President of India receives a monthly salary of Rs. 5 lakh (as per the latest revision in 2018) along with other allowances and post-retirement benefits.
  • Powers: The President has Executive, Legislative, Financial, Judicial, Diplomatic, Military, and Emergency powers. Under Article 72, the President has the power to grant pardons, reprieves, respites, or remissions of punishment.
  • Historical Fact: Dr. Rajendra Prasad was the first President of India and held the office for the longest duration (from 1950 to 1962).
  • Current Context: Smt. Droupadi Murmu is the 15th and current President of India, assuming office on 25 July 2022; she is the first person belonging to a tribal community to hold this position.

Question 79

Allahabad High Court RO/ARO 2021• Test

Who appoints the Chief Election Commissioner of India ?

  1. AOption (a)

    Chief Justice of India

  2. BOption (b)

    President

  3. COption (c)

    Prime Minister

  4. DOption (d)

    Vice - President

View answer & explanation

Correct answer

Answer: (b)B.

President

Why this answer is correct

The correct answer is President.

Key Points

  • The Chief Election Commissioner (CEC) and other Election Commissioners (ECs) are appointed by the President of India. This power is exercised under Article 324(2) of the Constitution of India.
  • According to the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the President makes these appointments based on the recommendation of a specialized Selection Committee.
  • The Selection Committee is a high-level body chaired by the Prime Minister. Its members include the Leader of Opposition in the Lok Sabha (or the leader of the single largest opposition party) and a Union Cabinet Minister nominated by the Prime Minister.
  • Before the Selection Committee meets, a Search Committee headed by the Cabinet Secretary prepares a panel of five potential candidates for consideration.
  • The Election Commission originally had only one Chief Election Commissioner, but since the Election Commissioner Amendment Act, 1989, and subsequently from 1993, it has functioned as a multi-member body consisting of one CEC and two ECs.

Additional Information

  • Tenure and Age Limit: The Chief Election Commissioner and Election Commissioners hold office for a term of 6 years or until they attain the age of 65 years, whichever is earlier. They have the same status and receive the same salary and perks as Judges of the Supreme Court of India.
  • Constitutional Framework: Part XV of the Indian Constitution (Articles 324 to 329) deals with the establishment, powers, and functions of the Election Commission of India. It is an autonomous constitutional authority responsible for administering election processes in India.
  • Removal Process: To ensure independence, the CEC can only be removed from office in a manner similar to a Judge of the Supreme Court, which requires a resolution passed by Parliament with a special majority on the grounds of proved misbehaviour or incapacity. However, other Election Commissioners can be removed by the President on the recommendation of the CEC.
  • Scope of Authority: The Election Commission oversees elections for the Lok Sabha, Rajya Sabha, State Legislative Assemblies, and the offices of the President and Vice-President. It does not handle elections for Panchayats and Municipalities, which are managed by the respective State Election Commissions.
  • Headquarters: The secretariat of the Election Commission of India is located in New Delhi, known as Nirvachan Sadan.

Important Points

  • First Chief Election Commissioner: The first person to hold this prestigious post was Sukumar Sen, who served from 21 March 1950 to 19 December 1958.
  • National Voters' Day: To mark the foundation day of the Election Commission (established on 25 January 1950), January 25th is celebrated every year as National Voters' Day to encourage electoral participation.
  • Voting Age: The voting age in India was reduced from 21 years to 18 years by the 61st Constitutional Amendment Act, 1988, which came into force in 1989.
  • Powers: The Commission has the power of superintendence, direction, and control of elections. It issues the Model Code of Conduct and monitors the election expenses of candidates and parties.
  • Current Status: As of 2024, Rajiv Kumar serves as the Chief Election Commissioner of India.

Question 80

Allahabad High Court RO/ARO 2021• Test

From which country the concept of “Fundamental Duties” in Indian Constitution has been taken ?

  1. AOption (a)

    USA

  2. BOption (b)

    Russia

  3. COption (c)

    South Africa

  4. DOption (d)

    Canada

View answer & explanation

Correct answer

Answer: (b)B.

Russia

Why this answer is correct

The correct answer is Russia.

Key Points

  • The concept of Fundamental Duties in the Indian Constitution was inspired by the Constitution of the erstwhile USSR (now Russia). These duties serve as a reminder to the citizens that while enjoying their rights, they also have certain obligations towards their country and society.
  • The Fundamental Duties were not part of the original Constitution of India adopted in 1949. They were incorporated later based on the recommendations of the Swaran Singh Committee, which was established by the Government of India in 1976.
  • The 42nd Constitutional Amendment Act of 1976 added a new Part IV-A and a single Article 51A to the Constitution, which originally listed 10 Fundamental Duties.
  • In the year 2002, the 86th Constitutional Amendment Act added the 11th Fundamental Duty, which relates to providing opportunities for education to children between the age of 6 and 14 years.
  • Unlike Fundamental Rights, these duties are non-justiciable in nature, meaning the Constitution does not provide for their direct enforcement by the courts. However, Parliament is free to enforce them by suitable legislation.

Additional Information

  • United States of America (USA):
  • The Indian Constitution borrowed several features from the USA, including the Fundamental Rights (Articles 12 to 35), Independence of the Judiciary, Judicial Review, and the Preamble.
  • It also adopted the procedure for the impeachment of the President and the removal of Supreme Court and High Court judges.
  • South Africa:
  • The features borrowed from South Africa include the procedure for amendment of the Constitution under Article 368.
  • The election of members of the Rajya Sabha (Upper House) is also based on the South African model.
  • Canada:
  • From Canada, India adopted a Federation with a strong Centre and the vesting of residuary powers in the Centre.
  • The appointment of State Governors by the Centre and the advisory jurisdiction of the Supreme Court (Article 143) are other key features sourced from Canada.

Important Points

  • Significance of Fundamental Duties: They act as a warning against anti-social and anti-national activities like burning the National Flag or destroying public property.
  • Verma Committee (1999): This committee identified the existence of legal provisions for the implementation of some of the Fundamental Duties, such as the Prevention of Insults to National Honour Act (1971) and the Wildlife (Protection) Act of 1972.
  • Article 51A: Specifies duties such as abiding by the Constitution, cherishing the noble ideals of the freedom struggle, upholding the sovereignty and integrity of India, and safeguarding public property.
  • The Fundamental Duties apply only to the citizens of India and do not extend to foreigners.