UPSC PRELIMS 2024 – Subject Wise Bullet Points – Indian Polity

The UPSC Prelims 2024 examination for Indian Polity encompasses a diverse range of topics crucial for aspirants aiming to navigate the complex landscape of the country’s governance. Key subject-wise bullet points include:

1. Constitutional Framework: Aspirants must have a thorough understanding of the Indian Constitution, focusing on its Preamble, fundamental rights, directive principles, and amendments.
2. Governance and Administration: The examination is likely to delve into the structure and functioning of various governmental bodies, including the executive, legislature, and judiciary. Knowledge of the administrative system at the central and state levels is essential.
3. Local Governance: A grasp of the functioning of Panchayati Raj institutions and urban local bodies is necessary, including their roles, powers, and significance in grassroots governance.
4. Constitutional Amendments: Detailed knowledge of key amendments to the Constitution, their historical context, and implications is crucial. Special emphasis may be placed on recent amendments that have shaped the political landscape.
5. Elections and Political Parties: Aspirants should be well-versed in the electoral process, including the conduct of elections, role of the Election Commission, and the functioning of political parties in the Indian political system.
6. Federal Structure: Understanding the distribution of powers between the central and state governments, as well as the interplay between them, is vital for aspirants aiming for success in the Indian Polity section.
7. Emergency Provisions: A comprehensive understanding of the emergency provisions laid out in the Constitution, their invocation criteria, and implications for governance and individual rights is essential.
8. Judicial System: Aspirants should be well-acquainted with the structure and functions of the judiciary, including the Supreme Court and High Courts, and landmark judgments that have shaped legal and political landscapes.
9. Constitutional Bodies: Knowledge about key constitutional bodies like the National Human Rights Commission, National Commission for Scheduled Castes, and National Commission for Women is vital for a comprehensive understanding of Indian Polity.
10. Recent Developments: Aspirants should stay updated on recent political developments, constitutional amendments, and significant judgments to demonstrate an awareness of the dynamic nature of Indian governance.

A holistic preparation strategy, incorporating these subject-wise bullet points, will undoubtedly position aspirants to navigate the intricate landscape of Indian Polity in the UPSC Prelims 2024 examination.

Historical Background and Making of The Constitution

• Until 1858, the administration of British India was primarily under the control of the East India Company. They governed their activities through various Regulating and Charter Acts such as the Regulating Act of 1773, Pitt’s India Act of 1784, Charter Acts of 1813, 1833, and 1853.
• Following the Indian Revolt of 1857, the British Crown assumed direct responsibility for administering India.
• To manage India, several Government of India Acts were enacted, including the Government of India Act of 1858, Council Acts of 1892, 1909, 1919, and 1935, among others.
• The Regulating Act of 1773 designated the Governor of Bengal as the Governor-General of Bengal, established an Executive Council of four members, and placed Bombay and Madras Presidencies under its authority. 
• It also paved the way for the establishment of the Supreme Court in Calcutta.
• Pitt’s India Act of 1784 introduced a body of six commissioners, known as the Board of Control, comprising the Secretary of State, the Chancellor of the Exchequer, and four Privy Councillors.
• The Charter Act of 1833 abolished the East India Company’s monopoly on tea and China trade and elevated the Governor-General of Bengal to the position of Governor-General of India.
• The Charter Act of 1853 laid the groundwork for the Parliamentary System of Government, separating the executive and legislative branches. It also reduced the number of Board of Directors from 24 to 18.
• The Government of India Act of 1858 ended the rule of the East India Company, transferring power from the Company to the British Crown, and established the governance of India by the British Crown. the administration of India was directly taken over by the Crown through the Secretary of State for India.
• The Indian Council Act of 1861 allowed the Viceroy to nominate some Indians as non-official members in his Council. In 1862, three Indians were nominated to this Council, and the Viceroy was granted the power to issue ordinances.
• The Indian Council Act of 1909, also known as the Morley-Minto Reforms Act, increased the membership of the Legislative Council at the center from 16 to 60. 
• It introduced communal representation for Muslims, providing them with a separate electorate, and Muslim members were to be elected only by Muslim voters.
• Section 6 of the Official Secrets Act, 1923, prohibits unauthorized use of uniforms, falsification of reports, forgery, personation, and false documents.
• The Government of India Act of 1919, known as the Montagu-Chelmsford Reforms, introduced the system of Dyarchy (dual form of government) at the center and the provinces. It categorized provincial subjects into transferred and reserved and introduced bicameralism and direct elections. Communal representation was extended to Sikhs, Christians, Anglo-Indians, etc.

UPSC 2012;2017

Q. Consider the following statements :

1. The Montagu-Chelmsford Reforms of 1919 recommended granting voting rights to all women above the age of 21.

2. The Government of India Act of 1935 gave women reserved seats in the legislature.

Which of the statements given above is/are correct?

1. 1 only

2. 2 only

3. Both 1 and 2

4. Neither 1 nor 2

Answer (Detailed Solution Below)

Option 2 : 2 only

• In 1918, when the Montagu-Chelmsford Reforms were introduced, there was no recommendation for the enfranchisement of Indian women. Despite the efforts of suffragists who actively petitioned and communicated updates through Stri Dharma, advocating for women’s political empowerment within the anti-colonial movement against Britain, no provision for women’s voting rights was made.
• Contrary to the claims made in statement 1, the Government of India Act in 1919 denied women the right to vote, even though Sarojini Naidu led the All India Women’s Deputation in presenting their case to Edwin Samuel Montague, the Secretary of State for India at the time.
• However, the scenario changed with the Government of India Act in 1935. In its final form, the act granted voting eligibility to twenty-nine million men and six million women. Statement 2 is accurate in asserting that seats were reserved for women on a communal basis, and women also had the opportunity to contest from any general seat.
• The Government of India Act of 1935 provided for the establishment of an All India federation consisting of provinces and Princely States as units. It divided powers through three lists: Federal, Provincial, and Concurrent Lists. 
• The act abolished Dyarchy in the provinces, introduced provincial autonomy, implemented bicameralism in six out of eleven provinces, extended the franchise, and granted voting rights to about 10% of the total population. The establishment of the Reserve Bank of India was mandated by the Government of India Act.

UPSC 2000, 2008, 2012

Q. Which of the following is/are the principal feature(s) of the Government of India Act, 1919?

1. Introduction of dyarchy in the executive government of the provinces

2. Introduction of separate communal electorates for Muslims

3. Devolution of legislative authority by the centre to the Provinces

Select the correct answer using the codes given below:

1. 1 only

2. 2 and 3 only

3. 1 and 3 only

4. 1, 2 and 3

Answer (Detailed Solution Below)

Option 3 : 1 and 3 only

• The Act established a dual form of government (dyarchy) for major provinces, dividing governance responsibilities. In each province, certain areas of government, listed under the “transferred list,” were entrusted to a government of ministers accountable to the Provincial Council. This transferred list encompassed sectors such as Agriculture, supervision of the local government, Health, and Education. Conversely, all other domains of government, classified under the “reserved list,” remained under the authority of the Viceroy. The reserved list comprised critical areas such as Defence, Foreign Affairs, and Communications.
• The August Offer in 1940 promised the creation of a Constituent Assembly after the war to frame a Constitution for India, and the expansion of the Viceroy’s Executive Council.
• The Cripps Mission in 1942 proposed Dominion status and the framing of the Constitution of India by a Constituent Assembly.
• The Cabinet Mission Plan, nominated in May 1946, proposed a Union of India with both British Indian and Indian states, with the Central Government empowered in foreign affairs, defense, and communications. India was to be divided into three groups of provinces.
• The Constituent Assembly convened for the first time in New Delhi on December 9, 1946, with Dr. Rajendra Prasad elected as its President.
• The Indian Independence Act of 1947 ended British rule and declared India an independent and sovereign state from August 15, 1947.
• The Constitution of India was adopted on November 26, 1949, and came into force on January 26, 1950.

Salient Features of The Indian Constitution

Here are the salient features of the Indian Constitution:

• It is a written and voluminous constitution, unlike the British Constitution. Initially, it had 395 Articles, 8 Schedules, and 22 Parts, and now it comprises about 450 Articles, 25 Parts, and 12 Schedules.
• The constitution draws inspiration from various sources, incorporating features from different world constitutions, such as the Act of 1935, Fundamental Rights (US), Independence of Judiciary, President Impeachment (US), Concurrent List (Australia), Fundamental Duties (USSR), Procedure Established by Law (Japan), and DPSP (Ireland), among others.
• The Indian Constitution is a unique blend of both rigidity and flexibility, with Article 368 serving as an example of its rigidity.
• Judicial Supremacy: Our Constitution establishes a unified judiciary with the Supreme Court at its apex and High Courts in the states.
• The Supreme Court of India, in certain judgments, has asserted that reservation policies under Article 16(4) are constrained by Article 335 to ensure the efficiency of administration.
• Fundamental Rights: These rights, essential for the proper and harmonious development of an individual’s personality, are defined as basic human rights in Part III of the Indian Constitution.
• Directive Principles of State Policy: Part IV of the Constitution provides guidelines, known as Directive Principles of State Policy, for the Central and State Governments to consider while formulating laws and policies.
• Fundamental Duties: Added by the 42nd Amendment in 1976, the Fundamental Duties of citizens are an integral part of the Constitution.
• Single Citizenship: Despite a federal and dual polity, our Constitution provides for a single citizenship for the entire country.
• Emergency Provisions: Part XVIII of the Indian Constitution addresses emergency provisions, encompassing National Emergency (Article 352), Constitutional Emergency (Article 356), and Financial Emergency (Article 360).
• Three-tier Government: The 73rd and 74th Amendment Act of 1992 granted constitutional recognition to the third tier of government, comprising Panchayats and Municipalities.
  • Schedules in the Constitution: There are 12 Schedules in the Indian Constitution, with the First Schedule covering States and Union Territories, and the Second Schedule detailing provisions related to constitutional functionaries such as Speaker, Deputy Speaker, CAG, Judges of Supreme Court, and High Courts.
  • The Third Schedule pertains to forms of oaths and affirmations for various constitutional and government functionaries.
  • The Fourth Schedule outlines the allocation of seats in the Council of States.
  • The Fifth Schedule addresses provisions concerning the administration and control of Scheduled Areas and Scheduled Tribes, as per UPSC 2019.

UPSC 2019

Q. Under which Schedule of the Constitution of India can transfer of tribal land to private parties for mining be declare null and void?

1. Third Schedule

2. Fifth Schedule

3. Ninth Schedule

4. Twelfth Schedule

Answer (Detailed Solution Below)

Option 2 : Fifth Schedule

•  The Indian Constitution grants autonomy to tribal areas through the Fifth and Sixth Schedules. The Fifth Schedule outlines provisions regarding the administration and control of scheduled areas and tribes, while the Sixth Schedule focuses on the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram.
• In the Samatha v. State of Andhra Pradesh & Ors (1997) judgment, the Supreme Court declared the transfer of tribal land to private parties for mining null and void under the Fifth Schedule.
• To further protect the rights of tribal and indigenous people, the Recognition of Forest Rights Act, 2006, plays a crucial role. This act safeguards the individual and community rights of tribal people in forest areas, emphasizing their right to free and prior informed consent in the event of displacement and resettlement.
• The Sixth Schedule focuses on provisions related to the administration of tribal areas in the States of Assam, Meghalaya, Tripura, and Mizoram, according to UPSC 2019.

UPSC 2019

Q. The provisions in Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to

1. protect the interests of Scheduled Tribes

2. determine the boundaries between States

 3. determine the powers, authority and responsibilities of Panchayats

 4. protect the interests of all the border States

Answer (Detailed Solution Below)

Option 1 : protect the interests of Scheduled Tribes

• The Constitution’s Fifth Schedule focuses on administering and controlling scheduled areas and tribes in states other than Assam, Meghalaya, Tripura, and Mizoram. In contrast, the Sixth Schedule deals with the administration of tribal areas in the northeastern states of Assam, Meghalaya, Tripura, and Mizoram, safeguarding the interests of Scheduled Tribes.
  • Option 1 is correct as it aligns with the protection of Scheduled Tribes.
  • Option 2 is not correct since the Fifth and Sixth Schedules are not related to state boundaries.
  • Option 3 is also not correct because the exclusion of these areas from the Panchayati Raj system aims to preserve local tribal practices and institutions.
  • Option 4 is not correct as the schedules do not specifically protect the interests of border states.
• The Seventh Schedule deals with the distribution of subjects among the Union List, State List, and Concurrent List.
• The Eighth Schedule is dedicated to languages.
• The Ninth Schedule handles the validation of certain acts and regulations, providing immunity from judicial review.
• Introduced during Jawaharlal Nehru’s Prime Ministership, the Ninth Schedule became a part of the Constitution of India.
• The Tenth Schedule pertains to provisions related to disqualification on the grounds of defection.
• The Eleventh Schedule addresses the powers, authority, and responsibilities of Panchayats.
• The Twelfth Schedule encompasses the powers, authority, and responsibilities of municipalities, and so on.

The Preamble

• The Preamble of the Indian Constitution is fashioned after the American Constitution, deriving its essence from the Objective Resolution proposed by Pandit Jawaharlal Nehru and endorsed by the Constituent Assembly.
• Serving as an introduction to the Constitution of India, the Preamble underwent modification through the 42nd Constitutional Amendment Act (1976), introducing three new words: Socialist, Secular, and Integrity.
• India, being a Republic, signifies that the head of the state is either directly or indirectly elected, and all public offices are open to the citizens of the country.
• The term Socialist in the Preamble underscores a commitment to distributive justice for all through a gradualist and reformist approach, while the term Secular signifies the separation of religion from politics.
• The Preamble encapsulates the fundamental values—political, moral, and religious—on which the Constitution is founded. Although non-justifiable, the Supreme Court, in the Kesavananda Bharati Case, declared it an integral part of the Indian Constitution.

Union and its Territory

• Articles 1 to 4 under Part-I of the Constitution detail provisions related to the Union and its Territory. Article 1 declares India, or Bharat, as a Union of states, categorizing the Territory of India into three categories: Territories of states, Union Territories, and Territories that may be acquired by the Government of India.
• Article 2 empowers Parliament to admit new states into the Union and establish new states. Parliament’s powers under Article 3 include forming new states, altering boundaries, changing the names of states, and more.
• In the Indian context, a Secular State does not imply irreligiosity but signifies that the state, while not anti-religious, follows the Ancient Indian Principle of Sarva Dharma Sambhava.
• A Democratic Political System, based on popular sovereignty, characterizes our country, employing a system of representative democracy where MPs and MLAs are directly elected by the people.
• Article 4 clarifies that the establishment of new states under Article 2 and the alteration of areas, boundaries, or names of existing states under Article 3 are not considered Amendments of the Constitution under Article 368.
• In 1953, the Government of India established the States Reorganisation Commission chaired by Fazal Ali, with KM Panikkar and HN Kunzru as members.
• The recommendations of the Fazal Ali Commission led to the States Reorganisation Act (1956) and the 7th Constitutional Amendment Act (1956).
• The State of Bombay was divided into Maharashtra and Gujarat by the Bombay (Reorganisation) Act, 1960, following the broadly accepted recommendations of the Fazal Ali Commission.
• Haryana was formed through the Punjab (Reorganisation) Act, 1966, which separated it from the State of Punjab.
• Himachal Pradesh attained statehood through the State of Himachal Pradesh Act, 1970, transitioning from a Union Territory.
• Meghalaya initially emerged as a sub-state within Assam and later gained full state status in 1971 through the North-Eastern Areas (Reorganisation) Act, 1971.
• Manipur and Tripura were elevated from Union Territories to states by the North-Eastern Areas (Reorganisation) Act, 1971.
• Sikkim achieved statehood in 1975 through the 35th Constitutional Amendment Act.
• Mizoram attained full statehood through the State of Mizoram Act, 1986.
• Arunachal Pradesh became a full-fledged state through the State of Arunachal Pradesh Act, 1986.
• Goa, Daman, and Diu were separated from the Union Territory of Goa, Daman, and Diu and established as a full-fledged State by the Goa, Daman, and Diu Reorganisation Act, 1987. Daman and Diu, however, remained Union Territories.
• Chhattisgarh, the 26th State of India, was created by dividing Madhya Pradesh on November 1, 2000.
• Uttarakhand, formerly known as Uttaranchal, was formed by dividing Uttar Pradesh on November 9, 2000.
• Jharkhand, the 28th state, was created by dividing Bihar on November 15, 2000.
• Telangana, the 29th state, was established by dividing Andhra Pradesh in June 2014.
• Through the 69th Constitution Amendment Act, 1991, effective from February 1, 1992, the Union Territory of Delhi was renamed as the National Capital Territory (NCT) of Delhi.
• The Jammu and Kashmir Reorganisation Act, 2019, transformed the state of Jammu and Kashmir into two Union Territories: Jammu and Kashmir and Ladakh.
• Note: Presently, India has 28 States and 8 Union Territories.

Citizenship

• Part II of our Constitution (Articles 5 to 11) addresses citizenship matters, with Article 5 focusing on citizenship at the commencement of the Constitution.
• Article 6 addresses the rights of citizenship for individuals migrating to India from Pakistan. 
• Article 7 pertains to the rights of citizenship for specific migrants to Pakistan, while Article 8 concerns individuals of Indian origin residing outside India. 
• Article 9 stipulates that those voluntarily acquiring citizenship of a foreign state shall not be citizens. 
• Article 10 ensures the continuity of citizenship rights, and Article 11 empowers Parliament to enact laws related to citizenship.
• In line with this authority, the Parliament enacted the Citizenship Act of 1955, regulating the acquisition and loss of citizenship post the Constitution’s commencement. The Citizenship Act of 1955 has undergone four amendments (in 1986, 1992, 2003, and 2005).

The Citizenship Act of 1955 outlines five methods of acquiring citizenship:

• By Birth: Individuals born in India between January 26, 1950, and July 1, 1987, with parents who are citizens of India at the time of their birth, are citizens of India by birth.
• By Descent: Persons born outside India after January 26, 1950, become citizens of India if either of their parents was a citizen of India at the time of their birth.
• By Registration: The government may register any person as a citizen of India if they belong to certain categories, such as being a person of Indian origin ordinarily residing in India for seven years, or being married to a citizen of India and residing in India for seven years.
• Citizenship by Naturalisation: Foreigners (excluding illegal migrants) can acquire Indian citizenship by naturalisation if they have been ordinary residents in India for twelve years preceding the application, with specific qualifications as specified in the Third Schedule to the Act.
• Through the Incorporation of Territory, if any foreign territory becomes part of India, the Indian government specifies which individuals among the population of that territory shall be considered citizens of India.
• The Citizenship Act of 1955 outlines three ways in which one can lose Indian citizenship: Renunciation, Termination, and Deprivation.
• By Renunciation: A citizen of India who is of full age and capacity can voluntarily decide to renounce their citizenship. This typically occurs after acquiring citizenship in another country.
• By Termination: If a citizen of India, of full age and capacity, voluntarily acquires citizenship in another country, their Indian citizenship will automatically be terminated.
• By Deprivation: The government of India may compulsorily terminate the Indian citizenship of an individual if it is determined that their registration or certificate of naturalization was obtained through fraud, false representation, concealment of any material fact, etc.

Fundamental Rights

• The Fundamental Rights are universally applicable to all citizens, regardless of race, place of birth, religion, caste, creed, color, or gender.
• These rights are enshrined in Part III of the Constitution, spanning Articles 12 to 35.
• Originally, the Constitution recognized Seven Fundamental Rights, but the 44th Amendment Act, 1978, removed the right to property from this category. 
• It was subsequently designated as a Legal Right under Article 300(A) in Part XII of the Constitution. As a result, there are currently six Fundamental Rights.
• The First Constitutional Amendment in India was widely believed to have been enacted to address judicial interpretations of the Fundamental Rights.

UPSC 2023

Q. In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?

1. 1st Amendment

2. 42nd Amendment

3. 44th Amendment

4. 86th Amendment

Answer (Detailed Solution Below)

Option 1 : 1st Amendment

• Enacted in 1951, the First Amendment to the Constitution of India was specifically introduced to address certain judicial interpretations of the Fundamental Rights.
• The State of Madras vs. Smt. Champakam Dorairajan (1951) case played a pivotal role in prompting this amendment. In this case, the Supreme Court of India invalidated a government order implementing caste-based reservations in state-funded education, citing a violation of the right to equality under Article 15 of the Constitution.
• In response to this judicial decision, Prime Minister Jawaharlal Nehru’s government introduced the First Amendment, incorporating Clause (4) into Article 15.
• This newly added clause explicitly stated that “nothing in this article or in clause (2) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.”
• This amendment facilitated the implementation of reservation policies in state-funded education and state employment. Additionally, the First Amendment included provisions that imposed reasonable restrictions on the right to freedom of speech and expression, as well as the right to practice any profession or carry on any occupation, trade, or business.
• Although the other mentioned amendments brought about substantial changes to the Constitution, their primary focus did not center on overcoming judicial interpretations of Fundamental Rights in the manner that the First Amendment did. Therefore, the accurate choice is Option 1.
• Article 14 ensures that the State shall not deny equality before the law or equal protection of the law to any person, including legal persons such as associates, companies, or individuals, within the territory of India. This provision extends rights to all individuals, whether citizens or aliens.
• Article 15 prohibits discrimination on the basis of religion, race, caste, sex, place of birth, or any combination of these factors.
• There are three exceptions outlined in Article 15, specified in Articles 15(3), 15(4), and 15(5).
• Article 15(3) clarifies that the provisions of this Article do not hinder the State from making special provisions for women and children.
• Article 15(4) stipulates that the Article does not impede the State from making special provisions for the advancement of socially and educationally backward classes of citizens, as well as for the Scheduled Castes and the Scheduled Tribes.
• Article 15(5) empowers the State to make special provisions for the advancement of socially and educationally backward classes of citizens, or for the Scheduled Castes or Scheduled Tribes, particularly concerning their admission to educational institutions, whether aided or unaided by the State, excluding minority educational institutions. This provision was introduced by the 93rd Amendment Act of 2005.
• Article 16 guarantees equality of opportunity for all citizens in matters of employment or appointment to any office under the state.
• Article 17 abolishes untouchability and prohibits its practice in any form, with the enforcement of any disability arising from untouchability being an offense punishable by law.
• Article 18 ensures the abolition of titles, stating that no title, except for military or academic distinctions, shall be conferred by the state.
• Article 19(1)(a) grants freedom of speech and expression, enabling individuals to participate in public activities.
• Freedom of the press is inherent in Article 19, which encompasses freedom of speech and expression.
• Article 19(1)(b) provides every citizen with the right to assemble peacefully and without arms, including the right to hold public meetings, demonstrations, and processions.
• Article 19(1)(c) guarantees all citizens the right to form associations and unions for lawful purposes. Such associations include political parties, societies, clubs, companies, organizations, partnership firms, trade unions, and any body of persons.
• Article 19(1)(d) guarantees every citizen of India the right to move freely throughout the territory of India.
• Under Article 19(1)(e), every citizen has the right to reside and settle in any part of the country.
• Article 19(1)(g) grants citizens the right to practice any profession or carry on any occupation, trade, or business.
• Article 19(2) imposes restrictions on freedom of speech and expression, allowing the State to make laws that reasonably limit these rights in the interest of India’s sovereignty and integrity.
• Article 19(3) empowers the State to impose reasonable restrictions based on grounds of sovereignty and integrity, public order, and morality.
• However, Article 19(4) acknowledges that reasonable restrictions can be imposed by the state in the interest of sovereignty and integrity, public order, or morality.
• Article 20 focuses on the protection of Indian and foreign individuals regarding convictions for offenses. It includes provisions such as ex-post facto legislation, double jeopardy, and the prohibition against self-incrimination.
• Article 21 asserts that no person shall be deprived of their life or personal liberty except according to the procedure established by law, a right extended to both citizens and non-citizens.
• The Supreme Court, in various judgments, has affirmed certain rights as integral to Article 21, including the right to privacy.

UPSC 2021

Q. Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?

1. Article 14 and the provisions under the 42″ Amendment to the Constitution

2. Article 17 and the Directive Principles of State Policy in Part IV

 3. Article 21 and the freedoms guaranteed in Part III

4. Article 24 and the provisions under the 44th Amendment to the Constitution

 Answer (Detailed Solution Below)

Option 3 : Article 21 and the freedoms guaranteed in Part III

• The protection of the Right to Privacy is inherent within the Right to Life and Personal Liberty, encompassed by Article 21 and the freedoms outlined in Part III of the Indian Constitution.
• The Supreme Court, in the case of Justice K.S. Puttaswamy (Retd) vs Union of India, has officially recognized the Right to Privacy as a Fundamental Right.
• This judgment overturns previous rulings, such as those in the M.P. Sharma case (1958) and the Kharak Singh case (1961), which asserted that the right to privacy is not safeguarded under the Indian constitution.
• The right to marry a person of one’s choice is an integral aspect of the right to life and liberty under Article 21.

UPSC 2019

Q. Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?

1. Article 19

2. Article 21

3. Article 25

4. Article 29

Answer (Detailed Solution Below)

Option 2 : Article 21

•  In the Lata singh vs. state of Uttar Pradesh case ,the Supreme Court viewed the right to marry as a component of right to life under Article 21 of Indian Constitution.
• Article 21 states that “No person shall be deprived of his life and personal liberty except according to procedure established by law”.
• Article 19 embodies the “basic freedoms” such as protection of certain rights regarding freedom of speech, etc
• Article 25 says “all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality and health.
• Article 29 of Indian Constitution grants protection to both religious minorities as well as linguistic minorities.
• Article 21(A), introduced through the 86th Amendment Act, establishes the Right to Education. It mandates that the state shall provide free and compulsory education to all children aged 6 to 14 years in a manner determined by the state.
• Article 22 safeguards individuals who are arrested or detained, conferring specific rights on the detainee.
• Article 23 prohibits trafficking in human beings, forced labor (begar), and other similar forms of forced labor. This protection is extended to both citizens and non-citizens. 
• Article 24 prevents the employment of children below the age of 14 years in hazardous activities such as factories, mines, construction work, or railways.
• Article 25 declares that all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate any religion.
• According to Article 26, every religious denomination or any of its sections shall possess specific rights.
• Article 27 states that no person shall be compelled to pay taxes for the promotion or maintenance of any particular religion or religious denomination.
• Article 28 ensures that no religious instruction shall be provided in any educational institution wholly maintained out of state funds.
• Article 29 (Protection of Interests of Minorities) grants the right to conserve distinct language, script, or culture to any section of citizens residing in any part of India.
• Article 29(2) ensures that no citizen shall be denied admission to any educational institution maintained by the state or receiving aid from state funds based solely on religion, race, caste, language, or any combination thereof.
• Article 30 (Right of Minorities to Establish and Administer Educational Institutions) affirms that all minorities, whether religious or linguistic, have the right to establish and administer educational institutions of their choice, provided their minority status is recognized at the national or state level.
• The 44th Amendment of 1978 removed the right to property from the list of Fundamental Rights in Article 31. A new provision, Article 300(A), was added to the Constitution, stating that no person shall be deprived of their property except by authority of law. Article 32 ensures an expedited, inexpensive, and summary remedy for the protection of Fundamental Rights, described by BR Ambedkar as the heart and soul of the Constitution.
• The Supreme Court (under Article 32) and High Courts (under Article 226) can issue writs of Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto to enforce Fundamental Rights. Habeas Corpus compels the production of a detained person, Mandamus commands a public official to fulfill duties, Prohibition prevents exceeding jurisdiction, Certiorari transfers a case or quashes an order based on jurisdictional errors or lack thereof, and Quo Warranto investigates a claim to a public office.
• Article 35 (Implementation of Some Fundamental Rights) vests the power to make laws for specified Fundamental Rights solely in Parliament, not in State Legislatures.

Directive Principles of State Policy

• Directive Principles of State Policy (DPSP) in Part IV (Articles 36 to 51) of the Constitution draw influence from the Constitution of Ireland and the Government of India Act, 1935. DPSPs cover categories like social, economic, and political justice, equal pay for equal work, distributive justice, equal justice, free legal aid, and more.
• Article 38 emphasizes securing social order for the welfare of the people, while Article 39 addresses adequate means of livelihood, equal pay, and distributive justice. 
• Article 39(A) calls for equal justice and free legal aid.
• Article 33 empowers Parliament to restrict Fundamental Rights of Armed Forces members. 
• Article 40 focuses on organizing village Panchayats for self-government.
• Article 41 provides the Right to Work, Education, and Public assistance in old age, sickness, and disablement.
• Article 34 (Martial Law and Fundamental Rights) allows Parliament to indemnify individuals for acts during Martial Law.
• Article 42 addresses humane conditions of work and maternity relief. Article 43 urges states to ensure decent work conditions and promote cottage industries.
• Article 43(A) encourages workers’ participation in industry management.
• Article 43(B) promotes cooperative societies.
• Article 44 advocates for a uniform civil code. Article 45 supports free and compulsory education.
• Article 46 emphasizes the promotion of educational and economic interests for Scheduled Castes, Scheduled Tribes, and other weaker sections.
• Article 47 instructs the state to elevate nutrition levels, enhance living standards, and improve public health by prohibiting the consumption of intoxicating drinks and drugs.
• Article 48 addresses the organization of agriculture and animal husbandry while prohibiting the slaughter of cows, calves, and other cattle, aiming to enhance their breeds.
• Article 49 outlines provisions for the protection of monuments, places, and objects of artistic or historic interest declared as nationally significant.
• Article 50 calls for the separation of the judiciary from the executive.

UPSC  2020

Q. In India, separation of judiciary from the executive is enjoined By

1. the Preamble of the Constitution

2. the Directive Principle of State Policy

3. the Seventh Schedule

4. the Conventional Practice

Answer (Detailed Solution Below)

Option 2 : the Directive Principle of State Policy

• Article 36 to Article 51 of our Constitution deals with the Directive Principles of the State Policy.
• Article 50 prescribes the Separation of the judiciary from the executive.
• Directive Principles of State Policy (DPSP) is not enforceable.
• Article 51 provides for the promotion of international peace and security.

UPSC 2014

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

1. Preamble to the Constitution

2. Directive Principles of State Policy

3. Fundamental Duties

4. Ninth Schedule

Answer (Detailed Solution Below)

Option 2 : Directive Principles of State Policy

• The Constitution of India incorporates the promotion of international peace and security within the “Directive Principles of State Policy,” as outlined in Article 51. This article emphasizes the promotion of just and honorable relations between nations, respect for international law and treaties, and the encouragement of arbitration for the resolution of international disputes. These principles are articulated in Part IV (Article 36-51) of the Indian Constitution, yet they lack enforceability in any court.
• States are obligated to consider the Directive Principles when formulating laws for the welfare of the people, although this provision draws inspiration from the Constitution of Ireland.
• Adopted on November 26, 1949, the Preamble of the Indian Constitution establishes objectives aimed at securing justice, liberty, equality for all citizens, and fostering fraternity to maintain national unity and integrity.
• The Ninth Schedule of the Indian Constitution encompasses a catalog of central and state laws immune to legal challenges in courts.
• Fundamental duties, enumerated in Article 51-A of the Indian Constitution, consist of 11 obligations that citizens are required to uphold.

Fundamental Duties

• The Fundamental Duties in India are enumerated in the Constitution of India in Part IV (A) under Article 51(A).
• The Fundamental Duties of citizens were incorporated into the Constitution by the 42nd Amendment in 1976, based on the recommendations of the Swaran Singh Committee formed by the Government.
• The Fundamental Duties in the Indian Constitution draw inspiration from the erstwhile USSR.
• Initially numbering ten, the Fundamental Duties were increased to eleven by the 86th Amendment in 2002.
• To adhere to the Constitution and uphold its ideals and institutions, the National Flag, and the National Anthem.
• To cherish and follow the noble ideals that inspired our national struggle for freedom.
• To uphold and protect the sovereignty, unity, and integrity of India.

UPSC 2016

Q. What is/are the purpose/purposes of Government’s Sovereign Gold Bond Scheme’ and ‘Gold Monetization Scheme’?

1. To bring the idle gold lying with Indian households into the economy

2. To promote FDI in the gold and jewellery sector

3. To reduce India’s dependence on gold imports

Select the correct answer using the code given below

1. 1 only

2. 2 and 3 only

3. 1 and 3 only

4. 1, 2 and 3

Answer (Detailed Solution Below)

Option 3 : 1 and 3 only

• Launched in November 2015 as part of the Gold Monetisation Scheme, the Sovereign Gold Bond Scheme introduces government securities denominated in grams of gold, issued by the RBI on behalf of the Government.
• The Gold Monetization Scheme aims to mobilize gold held by households, enabling its use for productive purposes and thereby reducing the country’s dependence on gold imports. Consequently, statements 1 and 3 are accurate.
• All Scheduled Commercial Banks, excluding RRBs, are eligible to implement the scheme.
• Contrary to statement 2, neither of the schemes is designed to promote Foreign Direct Investment (FDI) in the gold and jewellery sector.
• To defend the country and provide national service when called upon to do so.
• To promote harmony and the spirit of common brotherhood among all the people of India, transcending religious, linguistic, and regional or sectional diversities; to renounce practices derogatory to the dignity of women.
• To appreciate and safeguard the rich heritage of our diverse composite culture.
• To preserve and enhance the natural environment, encompassing forests, lakes, rivers, and wildlife, and to exhibit compassion for all living creatures.
• To foster the scientific temper, along with the spirit of inquiry and reform, and uphold humanism.
• To protect public property and reject the use of violence.
• To strive for excellence in all aspects of individual and collective endeavors, ensuring that the nation continually advances to higher levels of aspiration and accomplishment.
• Parents or guardians should provide educational opportunities to their children, ensuring their education between the ages of six and fourteen, as applicable.

Union Government

• Part V of the Indian Constitution, spanning Articles 52 to 78, addresses the Union Executive, with the President entrusted with the Executive Power of the Union.
• As the head of the state, the President’s role encompasses all government actions conducted in their name. However, substantive power is wielded by the Council of Ministers, led by the Prime Minister.
• Article 52 establishes the President of India as the Head of the Union Executive. The President is selected indirectly by an Electoral College using the proportional representation and single transferable vote system.
• The Electoral college comprises elected members from both Houses of Parliament, members of the Legislative Assemblies of the States, and elected members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry (as per the 70th Amendment Act, 1992). Nominated members of Parliament or Legislative Assemblies are not eligible for inclusion in the Electoral College.
• According to Article 55(a) and 52(2)(c) of the Constitution of India, the Electoral College for the President’s election consists exclusively of elected members from the Legislative Assemblies of the states and members of both Houses of Parliament.
• Article 56(1) outlines a five-year term for the President starting from the commencement of their office, with the option to resign by submitting a letter to the Vice-President. According to Article 57, there are no limitations on the number of times a person can be re-elected as President.
• Article 58 specifies the qualifications for presidential candidates, requiring Indian citizenship, a minimum age of 35 years, eligibility for Lok Sabha membership, and the absence of holding any government or state office.
• The oath of office is administered by the Chief Justice of India, or in their absence, the most senior Judge of the Supreme Court. Conditions of the President’s office, including a monthly emolument of 5 lakhs, are detailed in Article 59.
• Article 61 introduces the process of presidential impeachment, which can only occur on grounds of constitutional violation. The impeachment motion can be initiated in either house of Parliament and must be signed by one-fourth of its members.
• The President holds diverse powers, such as establishing an Inter-State Council, appointing Heads of the Army, Navy, and Air Force, and chairing the National Security Committee. They can also set up a Commission to investigate the conditions of SCs, STs, and other Backward Classes, declare areas as Scheduled Areas, and exercise administration powers over Scheduled Areas and Tribal Areas.
• Legislatively, the President summons Parliament sessions, nominates individuals to the Rajya Sabha, and can nominate two members of the Anglo-Indian Community to the Lok Sabha. They have the authority to convene a joint session of both houses (Article 108), and a bill passed by Parliament becomes law only after receiving the President’s assent.
• Article 123(1) empowers the President to issue ordinances when Parliament is not in session. The ordinance must be presented to both Houses of Parliament and expires six weeks after the Parliament reconvenes.
• In terms of judicial powers, the President appoints the Chief Justice, Judges of the Supreme Court, and High Courts, with the ability to seek advice from the Supreme Court on legal or factual matters (Article 143).
• Regarding emergency powers, the President can declare three types of emergencies. Article 352 allows the proclamation of an emergency due to war, external aggression, or armed rebellion. Article 356 permits the declaration of a state emergency when a State’s government cannot operate according to constitutional provisions. Article 360 vests the President with the authority to declare a financial emergency.
• In military matters, Article 53(2) designates the President as the Supreme Commander of the defense forces.
• In the realm of diplomacy, the President appoints ambassadors and representatives to foreign countries, receives credentials of foreign diplomats, and plays a vital role in foreign affairs.
• Article 63 establishes the Vice-President of India as the second-most important constitutional functionary. 
• As per Article 64, the Vice-President serves as the ex-officio Chairman of the Council of States, presiding over its meetings. In the event of a presidential vacancy, the Vice-President acts as President until a new President is elected (Article 65(1)). 
• The Vice-President is elected by an Electoral College, composed of members from both Houses of Parliament, through proportional representation using the single transferable vote (Article 66(1)).
• Article 67 sets the term for the Vice-President at five years, with the option to resign by addressing the President.
• Removal of a Vice-President can occur through a Council of States resolution, requiring a majority vote from all its members and approval from the House of the People (Article 67(b).
• Article 69 dictates that the Vice-President’s oath of office is administered by the President or a designated representative.
• The President designates the leader of the party or alliance with majority support in the Lok Sabha as the Prime Minister. The Union Council of Ministers is appointed by the President based on the Prime Minister’s advice.
• The 73rd Amendment Act conferred constitutional status upon Panchayati Raj Institutions. If the population is less than 20 lakhs, an intermediate level may not be constituted.
• Article 75 stipulates that the Council of Ministers is appointed by the President on the advice of the Prime Minister.

Union Legislature

• Positioned at the core of the Indian democratic political system, the Parliament serves as the primary legislative body for the Union Government, following the adoption of the Parliamentary form of Government.
• Reflecting the federal nature of the Constitution within the Parliament, the Rajya Sabha includes members who are either elected or nominated.
• Specifically, the Rajya Sabha comprises twelve individuals nominated by the President, chosen for their expertise in literature, science, art, and social service, along with up to two hundred and thirty-eight representatives from states and Union Territories.
• While the maximum strength of the Rajya Sabha is set at 250, the current composition stands at 245, with 233 members representing States and Union Territories, including Delhi and Puducherry, and 12 nominated by the President.
• The representation of States and Union Territories in the Rajya Sabha is determined through an indirect election process.
• Functioning as a permanent body, the Rajya Sabha does not face dissolution; however, one-third of its members retire every two years.
• Fresh Presidential nominations fill their seats in the third year.
• The Presiding Officer of the Rajya Sabha is known as the Chairman, with the Vice-President of India serving as the Ex-officio Chairman of the Rajya Sabha.
• While the Rajya Sabha can discuss the Financial Statement, it lacks the authority to vote on demands for Grants.

UPSC 2015

Q. Consider the following statements:

1. The Executive Power of the Union of India is vested in the Prime Minister.

2. The Prime Minister is the ex officio Chairman of the Civil Services Board.

Which of the statements given above is/are correct?

1. 1 only

2. 2 only

3. Both 1 and 2

4. Neither 1 nor 2

Answer (Detailed Solution Below

Option 4 : Neither 1 nor 2

• The President holds the executive power of the Union, as per Article 53(1) of the constitution. Therefore, statement 1 is incorrect.
• Article 53(1) specifies that the President can exercise this power directly or through subordinate officers, with ministers considered as such.
• The real executive power is wielded by the Council of Ministers in the name of the President.
• All executive decisions are made in the name of the President, as outlined in Article 77.
• Statement 2 is inaccurate because the Cabinet Secretary serves as the ex-officio chairman of the Civil Services Board, the Cabinet Secretariat, the Indian Administrative Service (IAS), and the head of all civil services under the rules of business of the Government of India.
• The Lok Sabha has a five-year term from its first meeting after general elections, automatically dissolving thereafter. Parliament can extend this term by one year at a time during emergencies, subject to the law.
• Lok Sabha membership requires Indian citizenship, a minimum age of 25, and qualifications specified by Parliament. The Constitution envisions a maximum strength of 552, with up to 524 members representing States and up to 26 representing Union Territories.
• The 104th Amendment, effective January 2020, abolished reserved seats for Anglo-Indians.
• The Speaker of the Lok Sabha symbolizes the Lok Sabha community; upon dissolution, all members, except the Speaker, cease to be Lok Sabha members.
• The Deputy Speaker, the Vice-Presiding officer of the Lok Sabha, assumes the Presiding Officer’s role in the Speaker’s absence due to death or illness. The Deputy Speaker must resign from their original party to maintain impartiality. The Speaker can resign by addressing the Deputy Speaker. The House can remove the Speaker by a majority resolution.
• The Speaker decides whether a bill is a Money Bill or a Non-money Bill and summons the President to convene Parliament sessions, with the maximum gap between two sessions determined by the President’s summons.
• Parliament typically convenes in three sessions—budget, monsoon, and winter.
• Prorogation refers to the period between legislative sessions, each lasting less than a year and ending with prorogation, allowing legislators to return to their constituencies.
• Adjournment can be administrative, by adjournment sine die, prorogation, or dissolution (in the case of the Lok Sabha).
• The Lok Sabha can be dissolved after its five-year tenure expires or at the President’s discretion.
• Quorum, the minimum members required for House transactions, is one-tenth of the total, including the presiding officer.
• During Question Hour, the first hour of Lok Sabha sitting, questions of three kinds—starred, un-starred, and short notice—are addressed.
• Zero Hour follows Question Hour, starting at noon and lasting one hour.
• The Local Area Development Scheme (MPLADS) began on December 23, 1993, with district-level coordination.
• Constitutional Amendment Bill/Article 368 deals with Parliament’s power to amend the Constitution, requiring no President’s recommendation.
• Joint sittings resolve deadlocks between Houses, and a no-confidence motion leads to government resignation if passed.
• The Speaker can yield the floor, allowing another member to speak.
• Key legislation dates include the Dowry Prohibition Act (1961), Banking Service Commission (repeal) Bill (1978), and Controversial Prevention of Terrorism Act (2002).
• The Budget outlines estimated receipts and expenditures, with the Railway Budget and General Budget presented annually.
• The Annual Financial Statement constitutes the Union Government’s budget, presented in Lok Sabha by the Finance Minister.
• Censure motions critique specific government policies or ministers, while adjournment motions address urgent public matters.
• Ordinary Bills can be introduced in either House by ministers or members.
• Money Bills (Article 110) exclusively address taxes and expenditure appropriations.
• Parliamentary Committees include Ad hoc Committees with specific tasks and Standing Committees like Business Advisory, Committee on Petitions, Committee of Privileges, and Rules Committee.

UPSC 2019

Q.  In India, which of the following reviews the independent regulators in sectors like telecommunications, insurance, electricity, etc .?

1. Ad Hoc Committees set up by the Parliament

2. Parliament Department Related Standing Committees

3. Finance Commission

4. Financial Sector Legislative Reforms Commission

5. NITI Aayog

Select the correct answer using the code given below.

1. 1 and 2

2. 1, 3 and 4

3. 3, 4 and 5

4. 2 and 5

Answer (Detailed Solution Below)

Option 1 : 1 and 2

• In India, there exist 24 Department Related Standing Committees composed of members from both Houses of Parliament.
• These committees, tailored to specific ministries, have the authority to assess the performance of regulators within their respective departments. For instance, the Standing Committee on Energy conducted a review of the Central Electricity Regulatory Commission in August 2012, while the Standing Committee on Information Technology examined the functioning of TRAI in 2011.
• Parliament can also establish ad-hoc committees to scrutinize the operations of regulators. The Joint Parliamentary Committee (JPC) on the allocation of the 2G spectrum, for example, includes a review of spectrum pricing policy and the issuance of telecom licenses in its terms of reference. Additionally, ad-hoc committees such as the one investigating the stock market scam have overseen the workings of SEBI and RBI.
• It’s important to note that the Finance Commission and NITI Aayog are advisory bodies and do not engage in the review of regulator functioning.
• The Financial Sector Legislative Reforms Commission was established to assess financial legislation in the country and did not focus on reviewing the operations of regulators.
• Additional committees cover Subordinate Legislation, Government Assurances, Estimates, and Subordinate Legislation.
• The Committee on Estimates, the Committee on Public Accounts, and the Committee on Public Undertakings, along with the Department Related Standing Committees, play a crucial role in overseeing government expenditure and shaping policy formulation.

State Government 

• Part VI of our Constitution delves into the State Government, encompassing the State Executive, State Legislature, and State Judiciary.
• Articles 153 to 167 specifically address the State executive. This component comprises the Governor, the Chief Minister, the State Council of Ministers, and the Advocate-General of the State.
• Moving on to Articles 168 to 212, these articles cover the organization, composition, duration, officers, procedures, privileges, powers, and more relating to the State Legislature.
• Article 153 establishes that each State must have a Governor, and the 7th Constitutional Amendment Act of 1956 allows one person to be appointed as the Governor for multiple states.
• Article 154 confers the Executive Power of the State upon the Governor, who acts as an agent of the Central Government, assuming a dual role.
• Article 155 stipulates that the President appoints the Governor of a State.
• Article 156 outlines that the Governor holds office at the pleasure of the President and may resign by submitting a written resignation.
• As per Article 157, eligibility for the position of Governor requires Indian citizenship, a minimum age of thirty-five years, and the absence of holding any government office or membership in Parliament or any Legislative Assembly or Legislative Council.
• The Governor’s term spans five years unless removed earlier by the President. The Governor wields Executive, Legislative, Financial, and Judicial Powers.
• In terms of Executive Powers, the Governor, akin to the President at the national level, serves as the nominal executive head and appoints the Chief Minister of a State.
• Legislative Powers: The Governor convenes and concludes sessions for both houses of the State Legislature.
• Financial Powers: Money Bills can only be introduced in the State Legislative Assembly with the prior recommendation of the Governor. Additionally, the Governor presents the annual financial statement, or state budget, to the State Legislature.
• Judicial Powers: Article 161 grants the Governor the authority to grant pardons, reprieves, respites, or remissions of punishment, as well as to suspend, remit, or commute the sentence of any person within the State’s jurisdiction.
• A Chief Minister serves as the elected Head of Government for the State and holds significant Executive Powers. Elected by Legislators from the majority party or coalition in the assembly, the Chief Minister plays a key role in state governance.
• Discretionary Powers: Article 163 (1) directs the Governor to act on the advice of the Council of Ministers, except when exercising functions specified by the Constitution. 
• Article 163 (2) confirms the Governor’s final decision on matters of discretion, with the validity of such decisions beyond questioning.

UPSC  2014

Q. Which Article of the Constitution provided for the Council of Ministers with the Chief Minister as its head to aid and advice the Governor?

1. Article 163

2. Article 164

3. Article 165

4. Article 162

Answer (Detailed Solution Below)

Option 1 : Article 163

• Article 163 of the Constitution provided for the Council of Ministers with the Chief Minister as its head to aid and advice
• It also mentions that any such advice tendered by Ministers to the Governor shall not be inquired into in any court of law.
• Article 163 establishes a Council of Ministers to advise the Governor, with the Chief Minister appointed by the Governor. The Constitution (Ninety-first Amendment) Act, 2003, restricts the size of the State Council of Ministers to a maximum of 15% of the assembly’s total strength, but not less than twelve members.
• Article 164 (1) specifies the appointment of the Chief Minister by the Governor, with no fixed term and service at the pleasure of the Governor. However, the Governor cannot dismiss the Chief Minister as long as they retain majority support in the Legislative Assembly.
• Articles 168 to 212 in Part VI of the Constitution cover the organization, composition, duration, offices, procedures, privileges, and powers of the State Legislature.
• The Constitution mandates a legislature for every state, although the determination of its existence relies on various factors.
• Each state has the autonomy to determine whether it opts for a bicameral legislature (consisting of two Houses). States such as Uttar Pradesh, Bihar, Telangana, and Andhra Pradesh have chosen the bicameral system. However, Jammu and Kashmir, Maharashtra, and Karnataka have a bicameral legislature, each governed by its own Constitution.
• In the context of legislative composition, Article 171(3) specifies that one-third of the total Members of the Legislative Council of a State are to be elected by electorates comprising members of Panchayats, Municipalities, District Boards, etc. This provision is outlined in the Constitution and was part of the  examination.

UPSC 2015

 Q. Consider the following statements:

1. The Legislative Council of a State in India can be larger in size than half of the Legislative Assembly of that particular State.

2. The Governor of a State nominates the Chairman of the Legislative Council of that particular State.

Which of the statements given above is/are correct?

1. 1 only

2. 2 only

3. Both 1 and 2

4. Neither 1 nor 2

Answer (Detailed Solution Below)

Option 4 : Neither 1 nor 2

• According to Article 171 of the Constitution, the size of the State Legislative Council cannot exceed one-third of the membership of the State Legislative Assembly.
• However, the legislative council’s size must not fall below 40 members, rendering statement 1 incorrect.
• Members of the Legislative Council (MLCs) serve a six-year term, with one-third of the members retiring every two years.
• Being a permanent body, the Legislative Council is not subject to dissolution.
• The Chairman of the Legislative Council is elected by its members, not appointed from external sources, thereby making statement 2 incorrect.

Legislative Assembly:

• It stands as a perpetual entity and is not susceptible to dissolution. However, one-third of its members retire every two years, resulting in a member’s six-year tenure.
• According to Article 172(1), each Legislative Assembly of a State, unless dissolved earlier, endures for five years from its inaugural meeting.
• Article 173 outlines the qualifications for an individual to be elected to a State Legislature seat, requiring Indian citizenship, a minimum age of 25 for the Legislative Assembly, and 30 for the Legislative Council.
• The Speaker of the assembly is elected from its members and holds office throughout the assembly’s lifespan.
• Supreme Court and Its Jurisdiction:
  • Under Article 142, the Supreme Court of India is not bound by parliamentary laws in exercising its powers.
  • Part V (Articles 124 to 147) of the Constitution delineates the organization, procedures, and powers of the Supreme Court, addressing the establishment and constitution in Article 124. The number of judges, including the Chief Justice, increased to thirty-one with the Supreme Court (Number of Judges) Amendment Act, 2008.
  • Article 196 outlines the process of introducing and passing bills in a State Legislature.
  • Supreme Court Judges are appointed by the President under Article 124(2) and serve until the age of 65. The Chief Justice of India is always consulted for the appointment of judges other than the Chief Justice.
  • Article 200 empowers the Governor to reserve bills, passed by the State Legislature, for the President’s consideration.

The Judiciary:

• A Supreme Court Judge may be removed by the President’s order after an address by both Houses of Parliament, supported by a majority and two-thirds majority, citing proven misbehavior or incapacity.
• The Constitution defines the functions and responsibilities of the Supreme Court, providing for original, appellate, and advisory jurisdiction.
• Parts V and VI of the Constitution cover Union and State Governments, including intricate details of the judicial setup in India.
• The Indian Constitution establishes an integrated Judicial System with the Supreme Court at the pinnacle, followed by High Courts and subordinate courts.
• Original Jurisdiction allows the Supreme Court to directly consider cases without lower court involvement, encompassing disputes between the center and states, inter-state water disputes, and more.

UPSC 2014

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

1. advisory jurisdiction

2. appellate jurisdiction

3. original jurisdiction

4. writ jurisdiction

Answer (Detailed Solution Below)

Option 3 : original jurisdiction

• The Original Jurisdiction of a court pertains to cases in which the specific court is the first point of approach, as outlined in Article 131 of the Indian Constitution. This includes matters involving the Centre and one or more states, the Centre and any state or states on one side and one or more states on the other, and any disputes between two or more States. Therefore, option 3, i.e., Original jurisdiction, is accurate.
• Advisory Jurisdiction, covered under Article 143 of the Indian Constitution, allows the President to seek the Supreme Court’s opinion on any legal or factual matter.
• Appellate Jurisdiction grants the Supreme Court the authority to review, amend, and overrule decisions made by lower courts.
• Writ Jurisdiction empowers the Supreme Court to issue various writs, such as habeas corpus, mandamus, prohibition, quo-warranto, and certiorari, for the enforcement of citizens’ fundamental rights.
• The Judiciary operates independently of the Executive and Legislature, safeguarding Fundamental Rights.
• Writ Jurisdiction grants the Supreme Court the authority to issue writs for the enforcement of Fundamental Rights and other Legal Rights, with five types of writs at its disposal.
• Appellate Jurisdiction: This entails the authority of the Supreme Court to review and alter decisions made by lower courts. The specific provisions for appellate jurisdiction are outlined in Articles 132, 133, and 134 for constitutional, civil, and criminal cases, respectively.
• Advisory Jurisdiction: Article 143 of the Constitution grants the President the ability to seek the Supreme Court’s opinion on matters of public importance. It’s noteworthy, however, that the court is not obligated to provide advice, and the President is not obliged to follow any advice given.
• Judicial Review/Revisory Jurisdiction: The Supreme Court of India possesses the authority to scrutinize the constitutionality of Legislative and Executive Acts carried out by both State and Union Governments. 

UPSC  2017

Q. In India, Judicial Review implies

1. The power of the judiciary to pronounce upon the constitutionality of laws and executive orders.

2. The power of the judiciary to question the wisdom of the laws enacted by the legislatures.

3. The power of the judiciary to review all the legislative enactments before they are assented to by the President.

4. The power of the judiciary to review its own judgements given earlier in similar or different cases.

Answer (Detailed Solution Below)

Option 1 : The power of the judiciary to pronounce upon the constitutionality of laws and executive orders.

• Judicial review is the authority of the judiciary to assess the constitutionality of laws and executive orders, encompassing the principle where judicial scrutiny is applied to actions taken by the executive and legislative branches.
• The judiciary holds the power to review and scrutinize the actions of the other two branches, namely the Legislative and Executive, making judicial review an integral part of the constitution’s basic structure.
• As a fundamental aspect of the legal framework, judicial review empowers the court to declare governmental actions as unconstitutional.
• Often referred to as the observer and interpretational role of the Indian judiciary, judicial review grants the court the capacity to pronounce on the legality of government actions.
• The Indian judiciary, through examples like Suo Moto cases and Public Interest Litigation (PIL), has demonstrated the use of judicial review to intervene in various public issues, even in the absence of formal complaints.
• Supervisory Jurisdiction of High Courts: The High Court of a State holds supervisory authority over all courts within its territorial jurisdiction and those falling under its purview.
• In our country, there are 25 High Courts, including common High Courts such as Bombay (Maharashtra, Daman and Diu, Dadar and Nagar Haveli, Goa), Guwahati (7 Sister States), Calcutta (West Bengal and Andaman and Nicobar Islands), Kerala (Kerala and Lakshadweep), Madras (Tamil Nadu and Puducherry), and Punjab and Haryana High Court.
• Article 217 governs the appointment of High Court Judges by the President after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointing a judge other than the Chief Justice, the Chief Justice of the High Court is also consulted.
• High Court Judges can serve until the age of 62, with the option to resign or be removed by the President following the procedures outlined in Article 124 for Supreme Court Judges.
• Article 225 of our Constitution addresses the Jurisdiction of High Courts, outlining their powers and areas of authority. Additionally, Articles 233 to 237 in Part VI of our Constitution establish various provisions to regulate the organization of subordinate courts and ensure their independence from the executive.
• The State, in consultation with the High Court, is responsible for appointing, posting, and promoting District Judges. To qualify for the position, a person must meet certain criteria: they should not be in the service of the Central or State Government, have a minimum of seven years of experience as an advocate or pleader, and be recommended by the High Court for the appointment as a District Judge.
• Public Interest Litigation (PIL), initiated during Chief Justice PN Bhagwati’s tenure, aims to deliver swift justice to socially and economically disadvantaged sections of society. Under this system, either the aggrieved party or someone acting on their behalf can directly approach the court for justice.
• Gram Nyayalaya Act, 2008, was enacted to establish Gram Nyayalayas or Village Courts, ensuring prompt and accessible justice in rural areas. A Gram Nyayalaya’s jurisdiction is determined by a notification from the State Government in consultation with the respective High Courts.
• Lok Adalat, an alternative dispute resolution system in India, translates to “people’s court.” Prisons in India are administered by State Governments, each following its own rules and regulations for day-to-day prison administration.

UPSC 2023

Q. With reference to Lok Adalats, which of the following statements is correct?

1. Lok Adalats have the jurisdiction to settle the matters at pre- litigative stage and not those matters pending before any court

2. Lok Adalats can deal with matters which are civil and not criminal it nature

3. Every Lok Adalat consists of either serving or retired judicial officers only and not any other person

4. None of the statements given above is correct

Answer (Detailed Solution Below)

Option 4 : None of the statements given above is correct

• The National Legal Services Authority (NALSA), established under the Legal Services  Authorities Act, 1987, aims to provide free legal services to the weaker sections of society and to facilitate Lok Adalats for the amicable resolution of disputes.
• Lok Adalat, categorized as an Alternative Dispute Redressal (ADR) mechanism, serves as a platform where disputes or cases in progress or at the pre-litigation stage can be settled or compromised amicably.
• Given statutory status under the Legal Services Authorities Act, 1987, Lok Adalats have the jurisdiction to address cases pending before any court or disputes not yet brought before any court, excluding matters related to non-compoundable offenses.
• As outlined in section 18(1) of the Act, Lok Adalats are empowered to determine and facilitate compromise or settlement in cases pending or within their jurisdiction, excluding matters related to divorce or non-compoundable offenses.
• Contrary to option 1, Lok Adalats have jurisdiction over cases permitted by law to be compromised and compounded, both of civil and criminal nature.
• The composition of Lok Adalats includes a chairman, two members, and a social worker. The chairman is required to be a sitting or retired judicial officer, while the other two members must be lawyers, making option 3 incorrect.

Local Government

• Local Government in India comprises Rural Local Government and Urban Local Government. The rural counterpart, known as Panchayati Raj, operates on a three-tier structure with democratic institutions at the district (Zila Parishad), block (Panchayat Samiti), and village levels (Village Panchayat).
• The Constitutional (73rd Amendment) Act, effective from April 24, 1993, was enacted to provide constitutional validation for establishing democracy at the grassroots level, akin to the State and National levels.

Urban Local Government:

• Urban Local Government signifies the governance of an urban area by its residents through elected representatives.
• To establish a unified framework for urban local bodies and enhance their functionality as effective democratic units of self-government, Parliament introduced the Constitution (74th Amendment) Act, 1992, specifically addressing Municipalities in that year.
• The Act received the President’s approval on April 20, 1993.
• A new legislative addition, Part IX (A), and a 12th Schedule related to Municipalities [Article 243 (P) to 243 (ZG)] have been incorporated into the Constitution. This addition includes provisions for constituting three types of Municipalities: Nagar Panchayats for areas transitioning from rural to urban, Municipal Councils for smaller urban areas, and Municipal Corporations for large urban areas.
• According to the 73rd Amendment Act of 1992, under Article 243 (D), it is mandated that not less than one-third (33%) of seats in local bodies shall be reserved for women.
• Article 2432 (D) provides for the constitution of a District Planning Committee in every state at the district level. This committee is tasked with consolidating the plans prepared by Panchayats and Municipalities in the district and preparing a draft development plan for the metropolitan area as a whole.
• The Government enacted the Panchayat Extension to Scheduled Areas (PESA) Act in 1996 to extend the provisions of Part IX of the Constitution relating to Panchayats to the Scheduled Areas (SAs).

Centre State Relaions 

• The Constitution of India allocates all powers (Legislative, Executive, and Financial) between the center and the states. However, there is no division of judicial power, as our Constitution has established an integrated Judicial System.
• Legislative Relations: Articles 245 to 255 in Part XI of the Constitution address the legislative relationship between the center and states. Four aspects of legislative relations are territorial extent, distribution of subjects, Parliamentary Legislation in the State field, and the center’s control over State Legislation.
• Territorial Extent of Central and State Legislation: The Parliament can enact laws for the whole or any part of the Territory of India, while the state can legislate for its own territory only.
• Distribution of Subjects: The Constitution divides legislative authority between the Union and the states into three lists—the Union list, the State list, and the Concurrent list.
• The Union list comprises items on which the Union Parliament has exclusive authority to frame laws on subjects enumerated in the list, including foreign affairs, defense, armed forces, communications, posts and telegraph, foreign trade, etc.
• The State list includes subjects on which ordinarily the states alone can make laws, such as public order, police, administration of justice, prison, local governments, agriculture, etc.
• The Concurrent list comprises items including criminal and civil procedure, marriage and divorce, economic and special planning, trade unions, electricity, newspapers, books, education, population control, and family planning, etc.
• During times of emergency, Parliament can enact laws on subjects in the State list. Additionally, Parliament can legislate on subjects in the State list if two or more states make a joint request under Article 252. Thus, the center enjoys more extensive powers than the states.
• Administrative Relations: Articles 256 to 263 in Part XI of our Constitution deal with the administrative relationship between the center and states.
• The Indian Constitution is based on the principle that the Executive Power is co-extensive with Legislative Power, meaning that the Union Executive/the State Executive can handle all matters on which Parliament/State Legislature can legislate.
• Financial Relations: Articles 268 to 293 in Part XII of the Constitution address center-state financial relations. The Constitution divides taxes between the center and states, with Parliament having the authority to levy taxes on subjects included in the Union.
• The Union has the authority to levy taxes on subjects in the Union list, while the states can impose taxes on subjects in the State list. The apportionment of tax revenue between the Union and the states is outlined as follows.

Special Status For Some States

• Special Provisions for Maharashtra and Gujarat: According to Article 371, the President is authorized to stipulate that the Governors of Maharashtra and Gujarat will have special responsibility for establishing separate development boards for Vidarbha, Marathwada, and the rest of Maharashtra, or, as the case may be, Saurashtra, Kutch, and the rest of Gujarat. It is mandated that a report on the working of each of these boards will be presented annually before the State Legislative Assembly.
• Special Provisions for the State of Nagaland: Article 371(A) outlines special provisions for Nagaland.
• Special Provision for Assam: As per Article 371(B), the President is empowered to constitute a Committee of the Assam Legislative Assembly, consisting of members elected from the Tribal Areas of the State specified in the Sixth Schedule and other members as specified by him.
• Special Provision for Manipur (Article 371(C)): The President is authorized to provide for the creation of a Committee of the Manipur Legislative Assembly, consisting of members elected from the hill areas of the state.
• Special Provisions for the State of Andhra Pradesh: Articles 371(D) and 371(E) address special provisions for the State of Andhra Pradesh.
• Article 371(D) empowers the President to make different provisions for various parts of the state to ensure equitable opportunities and facilities for people belonging to different parts of the state in matters of public employment and education.
• Article 371(E) grants Parliament the authority to establish a Central University in the State of Andhra Pradesh.
• Special Provisions with respect to the State of Sikkim: Article 371(F), added by the 36th (Amendment) Act, 1975, deals with special provisions for Sikkim.
• Special Provisions for the State of Mizoram are outlined in Article 371(G).
• Regarding Arunachal Pradesh, Article 371(H) confers special responsibility for law and order in the state to the Governor. Additionally, the Legislative Assembly of the State of Arunachal Pradesh is mandated to consist of no fewer than 30 members.
• For the State of Goa, Article 371(I) specifies that the Goa Legislative Assembly shall not have fewer than 30 members.

Emergency Provisions

• Articles 352 to 360 in Part XVIII of the Constitution outline the provisions related to emergencies, encompassing three types: National emergency, State emergency, and Financial emergency.
• National Emergency (Article 352): A National emergency can be declared by the President if the security of India or a part thereof is jeopardized by war, external aggression, or armed rebellion. The declaration can occur even before the actual onset of war or aggression. 
• The proclamation must receive approval from both Houses of Parliament within one month of its issuance. If sanctioned, the emergency persists for six months and can be extended in increments of six months through repeated Parliamentary approval.
• State Emergency or President’s Rule (Article 356): Article 356 of the Constitution provides for the imposition of President’s rule or State emergency in case of the breakdown of constitutional machinery within a state.
• The President can impose this emergency upon receiving a report from the Governor indicating the failure. The proclamation requires approval from both Houses of Parliament, and if endorsed, President’s rule continues for an initial six months, extendable for a maximum period of three years.

UPSC 2017,2018

Q. Which of the following are not necessarily the consequences of the proclamation of the President’s rule in State?

1. Dissolution of the State Legislative Assembly

2. Removal of the Council of Ministers in the State

3. Dissolution of the local bodies

Select the correct answer using the code given below:

1. 1 and 2 only

2. 1 and 3 only

3. 2 and 3 only

4. 1, 2 and 3

Answer (Detailed Solution Below)

Option 2 : 1 and 3 only

• Article 356 specifies that the imposition of President’s Rule on any state in India is contingent upon the failure of its constitutional machinery.
• There are two scenarios: a) When the President receives a report from the state’s Governor or is otherwise convinced that the state government cannot govern according to constitutional provisions, and b) President’s Rule can be invoked if any state fails to comply with directions from the Union on matters within its jurisdiction.
• Upon the imposition of President’s Rule, the state council of ministers led by the chief minister is dismissed by the President.
• Subsequently, the state governor, acting on behalf of the President, manages state administration with the assistance of the chief secretary or advisors appointed by the President. Therefore, the removal of the Council of Ministers is indeed a consequence of the proclamation, rendering option 2 incorrect.
• While President’s Rule is in effect, the state executive is dismissed, and the state legislature and local bodies may be either suspended or dissolved. Dissolution, however, is not necessarily the outcome in all cases, making options 1 and 3 correct.
• Financial Emergency (Article 360): Article 360 of the Constitution empowers the President to declare a financial emergency if satisfied that a situation has arisen, threatening the financial stability or credit of India or any part of its territory.
• Under the effects of a Financial Emergency, the President has the authority to decrease the salaries of all government officials, including judges of the Supreme Court and High Court. Additionally, all money bills passed by the State Legislatures are subjected to presidential approval.

 Constitutional Amendment

• Constitutional amendments are formal changes to the text of the written Constitution, which can be either rigid or flexible in nature.
• Article 368 of our Constitution outlines the procedure for constitutional amendments. A Constitutional Amendment Bill does not necessitate the President’s recommendation for introduction.
• The 42nd Amendment to the Constitution added the participation of workers in the management of industries to the Directive Principles of State Policy.

UPSC 2017

Q. Which principle among the following was added to the Directive Principles of State Policy by the 42nd Amendment to the Consitution?

1. Equal pay for equal work for both men and women

2. Participation of workers in the management of industries

3. Right to work, education and public asistance

4. Securing living wage and human condition of work to workers

Answer (Detailed Solution Below)

Option 2 : Participation of workers in the management of industries

• Directive Principles of State Policy (DPSP):
  • These are the ideals that the state should consider when formulating policies and laws.
  • Positioned in Part IV of the Indian Constitution, covering articles 36 to 51.
• 42nd Amendment and Directive Principles of State Policy:
  • The 42nd Amendment introduced four additional Directive Principles of State Policy to the existing list:
• Article 39 aims to ensure opportunities for the healthy development of children.
• Article 39 (A) strives to promote equal justice and provide free legal aid to the economically disadvantaged.
• Article 43 (A) seeks to facilitate the participation of workers in the management of industries, making option 2 correct.
• Article 48 (a) emphasizes the protection and enhancement of the environment, as well as the preservation of forests and wildlife.
• The National Commission for Backward Classes (NCBC) is a constitutional body established through the 102nd Constitutional Amendment Act, with Article 338(B) being inserted for its creation.
  • The 52nd Amendment Act, 1985, added the 10th Schedule to the Constitution.
  • The 61st Amendment Act, 1989, reduced the voting age from 21 to 18 years.
  • The 73rd Amendment Act, 1992, instituted Panchayati Raj, inserting Part IX containing Articles 243, 243 (A) to 243 (O). The 11th Schedule was added to address it
  • The 74th Amendment Act, 1992, provided constitutional sanctity to Municipalities by inserting Part IX (A), containing Articles 243 (P) to 243 (Z), and the 12th Schedule, which deals with items concerning Municipalities.
  • The 86th Amendment Act, 2002, added Article 21 (A), making the Right of Education of Children from the age of 6 to 14 years a Fundamental Right.
  • The 88th Amendment Act, 2003, aimed to extend statutory cover for the levy and utilization of Service tax.
  • The 91st Amendment Act, 2004, aimed to restrict the size of the Council of Ministers to 15% of Legislative Members and strengthen Anti-defection Laws.
  • The 93rd Amendment Act, 2006, enabled the provision of reservation for Other Backward Classes (OBC) in government as well as private educational institutions.
  • The Supreme Court of India declared the 99th Amendment to the Constitution of India as violating the independence of the Judiciary.

UPSC 2019

 Q. Consider the following statements:

1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.

2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of the judiciary.

Which of the statements given above is/are correct?

1. 1 only

2. 2 only

3. Both 1 and 2

4. Neither 1 nor 2

Answer (Detailed Solution Below)

Option 2 : 2 only

• The thirty-ninth Amendment of the Constitution of India, enacted on August 10, 1975, during the Emergency of 1975-1977, removed the scrutiny of Indian courts over the elections of the President, Vice President, Prime Minister, and Speaker of the Lok Sabha. This amendment transferred the authority to resolve such election disputes from the Supreme Court to a body constituted by Parliament, making statement 1 incorrect.
• The ninety-ninth Constitutional Amendment of India aimed to establish the National Judicial Appointments Commission (NJAC), responsible for appointing judges to the higher judiciary. This amendment involved the alteration of Article 124 of the Constitution to shift from the collegium system. However, in 2015, the Constitution Bench of the Supreme Court, with a 4:1 majority, upheld the collegium system and declared the NJAC unconstitutional, validating statement 2.
• The 100th Amendment Act, 2015, pertains to the acquisition of territories by India and the transfer of certain territories to Bangladesh, following the agreements and protocol between India and Bangladesh.
• The 101st Amendment Act, 2017, introduced the Goods and Services Tax (GST).
• The 102nd Amendment Act, 2018, conferred constitutional body status to the National Commission of Backward Class.
• The 103rd Amendment Act, 2019, implemented 10% reservation for the economically weaker section.
• The 104th Amendment Act, 2020, extended reservation for SCs and STs in Lok Sabha and State Assemblies. It also eliminated reserved seats for the Anglo-Indian Community in the Lok Sabha and State Assemblies.
• The 105th Amendment Act, 2020, amended Article 342 (A) to state the power of the President to specify socially and educationally backward classes in the Central list for the purposes of the Central Government.

Constitutional Bodies

• Article 324 of the Constitution of India establishes the Election Commission, comprising a Chief Election Commissioner (CEC) and two Election Commissioners, appointed by the President of India.

UPSC 2017

Q. Consider the following statements:

1. The Election Commission of India is a five-member body.

2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye- elections.

3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.

Which of the statements given above is/are correct?

1. 1 and 2 only

2. 2 only

3. 2 and 3 only

4. 3 only

Answer (Detailed Solution Below

Option 4 : 3 only

• The Election Commission of India, an autonomous constitutional body, is tasked with administering Union and State election processes in India.
• Its jurisdiction encompasses elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, as well as the offices of the President and Vice President. Article 324 to 329 of the constitution delineates the powers, functions, tenure, and eligibility criteria for the commission and its members.
• The election commission comprises one Chief Election Commissioner and two Election Commissioners, appointed by the President. Contrary to statement 1, it does not have three election commissioners.
• Appointees have a fixed tenure of six years or until the age of 65, whichever comes earlier. They enjoy the same status, salary, and perks as Judges of the Supreme Court.
• The Chief Election Commissioner can only be removed through a process akin to the removal of a Supreme Court judge, conducted by Parliament.
• While the election commission determines election schedules, statement 2 is incorrect. However, it is accurate that the commission adjudicates disputes related to splits/mergers of recognized political parties.
• The commission is responsible for preparing electoral rolls, issuing Electronic Photo Identity Cards (EPIC), granting recognition to political parties, allotting election symbols, and resolving related disputes.
• It issues the Model Code of Conduct for political parties and candidates during elections and establishes expenditure limits per candidate for all political parties.
• The Election Commission was founded on January 25, 1950. It holds the power of superintendence, direction, and control over all elections to Parliament, State Legislatures, and the offices of the President and Vice-President (Article 324 of the Constitution of India).
• As an autonomous federal authority established by the Constitution, the Election Commission is responsible for overseeing all electoral processes in the Republic of India.
• Under the commission’s supervision, free and fair elections have consistently been conducted in India, adhering to the principles outlined in the Constitution.
• The Election Commission of India is a permanent body governed by rules specified in the Constitution.
• The Chief Election Commissioner can be removed on grounds similar to those of a Judge of the Supreme Court. The other Election Commissioners can be removed on the recommendations of the Chief Election Commissioner. 
• The Commission comprises a Chairman and other members appointed by the President of India.
• The Finance Commission of India was established in 1951 under Article 280 of the Indian Constitution by the President of India. Its purpose is to define the financial relations between the center and the state. The commission, consisting of a Chairman and four other members, is appointed every five years.
• The functions of the Finance Commission include explicitly stating the distribution of net proceeds of taxes between the center and the states, determining factors governing grants-in-Aid to the states, etc. Fourteen Finance Commissions have been appointed so far.
• The first such commission was appointed in 1951 under the Chairmanship of KC Neogy. YV Reddy leads the 14th Finance Commission, and its recommendations apply for a five-year period beginning April 1, 2015.
• The Comptroller and Auditor-General (CAG) of India is appointed by the President and holds office for six years or until the age of 65, whichever comes earlier. The CAG can only be removed from office in a manner and on grounds similar to those of a Judge of the Supreme Court.
• Attorney-General: The Constitution, under Article 76, provides for the office of the Attorney-General for India, who is the first law officer of the country.

Non-Constitutional Bodies

• Founded on March 15, 1950, the Planning Commission is not a constitutional or statutory body; it is an extra-constitutional and non-statutory entity.
• The Deputy Chairman serves as the de facto Executive Head of the Commission, taking on the responsibility for formulating and presenting the draft Five-year plan to the Central Cabinet.
• On January 1, 2015, the Government of India replaced the 64-year-old Planning  Commission with the National Institution for Transforming India (NITI) Aayog.
• The National Development Council serves as the apex body for decision-making and deliberations on development matters in India. It is an extra-constitutional and non-statutory body, with an advisory status to the Planning Commission that is not binding.
• Established on August 6, 1952, the Council aims to strengthen and mobilize the nation’s efforts and resources in support of the plan. Its composition includes the Prime Minister, Union Cabinet Ministers, Chief Ministers of all states or their substitutes, representatives of the Union Territories, and members of the commissions.
• National Human Rights Commission (NHRC): An autonomous public body formed on October 12, 1993, under the Protection of Human Rights Ordinance of September 28, 1993. The NHRC acts as a watchdog for human rights in the country.
• The NHRC comprises a Chairperson (a former Chief Justice of the Supreme Court of India), one member (a current or former Judge of the Supreme Court of India), one member (a former Chief Justice of a High Court), and the Chairpersons of four National Commissions, including those for Minorities, SCs, STs, and Women.
• Central Vigilance Commission (CVC): Established in 1964 as the apex Indian Governmental Body to address governmental corruption. It operates as an autonomous body, free from control by any executive authority, overseeing all vigilance activity under the Central Government of India.
• Central Information Commission (CIC): Established in 2005 under the Right to Information Act, it is a high-powered independent body that handles complaints and decides appeals related to information.
• Lokpal and Lokayuktas Act: Enacted in December 2013, this act led to the appointment of the country’s first Lokpal or anti-corruption ombudsman, retired Supreme Court Judge Pinaki Chandra Ghosh.

Frequently Asked Questions (FAQs)

1. Question: What are the key features of the Indian Constitution relevant for UPSC Prelims 2024?

Answer:

• Federal Structure: Division of powers between the Centre and States.
• Fundamental Rights: Safeguarding individual liberties.
• Directive Principles of State Policy: Guiding principles for governance.
• Parliamentary System: Executive accountable to the legislature.
• Judicial Independence: Separation of powers among the three branches.

2. Question: Which constitutional amendments are significant for the UPSC Prelims 2024 in the context of Indian Polity?

Answer:

• 42nd Amendment: Introducing the term ‘Secular’ and ‘Socialist.’
• 73rd and 74th Amendments: Empowering local self-government institutions.
• 86th Amendment: Inserting Right to Education as a fundamental right.
• 97th Amendment: Dealing with Cooperative Societies.
• 101st Amendment: Introducing the Goods and Services Tax (GST).

3. Question: What is the role of the President of India in the Indian Polity, as relevant for UPSC Prelims 2024?

Answer:

• Head of State: Symbolic and ceremonial duties.
• Executive Powers: Appointing the Prime Minister and Governors.
• Legislative Powers: Summoning and proroguing Parliament sessions.
• Emergency Powers: Proclamation during national emergencies.
• Pardoning Powers: Granting pardons, reprieves, and remissions.

4. Question: Explain the composition and functions of the Parliament of India as applicable for UPSC Prelims 2024.

Answer:

• Bicameral Legislature: Lok Sabha (House of the People) and Rajya Sabha (Council of States).
• Legislative Functions: Making laws on the subjects specified in the Union List.
• Financial Functions: Approval of the budget and taxation proposals.
• Control over Executive: Question Hour, No-confidence motions, and debates.

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