17. CONSTITUTIONAL & NONCONSTITUTIONAL BODIES (2011-2020 )
1. FINANCE COMMISSION: 2011
With reference to the Finance Commission of India, which of the following statements is correct?
(a) It encourages the inflow of foreign capital for infrastructure development.
(b) It facilitates the proper distribution of finances among the Public Sector Undertakings .
(c) It ensures transparency in financial administration.
(d) None of the statements
ANS:C
2012
In India, other than ensuring that public funds are used efficiently and for intended purpose, what is the importance of the office of the Comptroller and Auditor General (CAG)?
1. CAG exercises exchequer control on behalf of the Parliament when the President of India declares national emergency/financial emergency.
2. CAG reports on the execution of projects or programmes by the ministries are discussed by the Public Accounts Committee.
3. Information from CAG reports can be used by investigating agencies to press charges against those who have violated the law while managing public finances.
4. While dealing with the audit and accounting of government companies, CAG has certain judicial powers for prosecuting those who violate the law.
Which of the statements given above is/are correct?
(a) 1, 2 and 4 only
(b) 2 only
(c) 2 and 3 only
(d) 1, 2, 3 and 4
ANS: c
2013:
Consider the following statements:
Attorney General of India can:
- take part in the proceedings of the Lok Sabha
- be a member of a committee of the Lok Sabha
- speak in the Lok Sabha
- vote in the Lok Sabha
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 and 4
(c) 1, 2 and 3
(d) 1 and 3 only
ANS:C
2017:
Consider the following statements:
- The Election Commission of India is a five-member body.
- Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
- Election Commission resolves the disputes relating to splits/mergers of recognized political parties.
Which of the statements given above is/are correct?
(a)1 and 2 only
(b)2 only
(c)2 and 3 only
(d)3 only
ANS:D
Right to vote and to be elected in India is a
(a)Fundamental Right
(b)Natural Right
(c)Constitutional Right
(d)Legal Righ
ANS:D
According to Supreme Court judgement Jyoti Basu vs Debi Ghosal – A right to elect, fundamental though it is to democracy, is, anomalously neither a fundamental right nor a Common Law Right. It is a statutory right. So is the right to be elected, and the right to dispute an election.
2020:
Consider the following statements
- According to Constitution of India, A person who eligible to vote can be made a minister in a state for six months even if he/she is not a member of the legislature of that state
- According to the representation of people act, 1951, a person convicted of a criminal offence and sentenced to imprisonment for at least five years is permanently disqualified from contesting an election even after his release from prison.
Which of the above given statements is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: A
(If one overthinks the answer could be ‘D’ – overthinking that Voter eligibility is not mentioned in the Constitution and Age 25 is not mentioned. As you know UPSC doesn’t reward overthinking. Here the question is related to checking the concept rather than fact)
S1: Not quite technically true, since one who is eligible to vote isn’t necessarily eligible to be a Minister (for e.g. on grounds of age). But, since UPSC has used the term a voter “can” and not “every voter”, S1 is correct since many voters who meet the eligibility to be a Member of Parliament can be made a Minister.
For e.g. here are few correct and incorrect statements:
CORRECT: A voter CAN become a minister for six months.
CORRECT: A voter eligible to become a Member of Parliament CAN become a minister for six months.
CORRECT: Every voter that is eligible to become a Member of Parliament CAN become a minister for six months.
First statement is only part of a larger correct statement, still true.
INOCRRECT: EVERY voter can become a minister for six months.
S2: Specifically, Section 8 of RPA, 1951 states the grounds for disqualification on conviction of certain offences pursuant to Section 8 of RPA, 1951, in case the candidate is convicted of certain offences specified under sub-section (1) (2) (3) of Sec. 8 and sentenced to indicated fine or imprisonment, then such a candidate is disqualified from being a member of either house of Parliament or State Legislature from the date of such conviction till the stated time. This is not permanent, so S2 is wrong.
18. NON CONSTITUTIONAL BODIES (2011-2020 )
1. Human Rights:
2011
Consider the following:
1. Right to education.
2. Right to equal access to public service.
3. Right to food.
Which of the above is/are Human Right/Human Rights under “Universal Declaration of Human Rights”?
(a) 1 only
(b) 1 and 2 only
(c) 3 only
(d) 1, 2 and 3
ANS: d
2020:
Other than the fundamental rights , Which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal declaration of human rights(1948)?
- Preamble
- Directive principles of state policy
- Fundamental duties
Select the correct answer using the given code below-
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer: D
If you overread the question, you might exclude S3 from the answer, but this will be incorrect.
S1: e.g. from UDHR: Article 3. Everyone has the right to life, liberty and security of person.
S2: eg. Article 22 UDHR: Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Or, Article 26:
(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
S3: e.g. Article 27 of UDHR:
(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
See https://www.un.org/en/universal-declaration-human-rights/
2012:
Which reference to the Delimitation Commission, consider the following statements:
1. The orders of the Delimitation Commission cannot be challenged in a Court of Law.
2. When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modifications in the orders.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
ANS : c
NOTE:Delimitation Commission is set up by an act of parliament, appointed by president.
2012:
Who among the following constitute the National Development Council?
1. The Prime Minister
2. The Chairman, Finance Commission
3. Ministers of the Union Cabinet
4. Chief Ministers of the States
Select the correct answer using the codes given below.
(a) 1, 2 and 3 only
(b) 1, 3 and 4 only
(c) 2 and 4 only
(d) 1, 2, 3 and 4
ANS: b
2013:
Consider the following statements:
1. National Development Council is an organ of the Planning Commission.
2. The Economic and Social Planning is kept in the Concurrent List in the Constitution of India.
3. The Constitution of India prescribes that Panchayats should be assigned the task of preparation of plans for economic development and social justice.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
ANS:b
2013:
Which of the following bodies does not/do not find mention in the Constitution?
1. National Development Council
2. Planning Commission
3. Zonal Councils
Select the correct answer using the codes given below.
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
ANS:d
2015:
The Government of India has established NITI Aayog to replace the
a) Human Rights Commission
b) Finance Commission
c) Law Commission
d) Planning Commission
Solution: d)
2019:
Atal Innovation Mission is set up under the
(a)Department of Science and Technology
(b)Ministry of Labour and Employment
(c)NITI Aayog
(d)Ministry of Skill Development and Entrepreneurship
ANS:C