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constitutional posts/bodies (CAG (issues (overstepping its jurisdiction…
constitutional posts/bodies
UPSC
provisions
comp, appointment, removal, powers - all in C (art 315-323 in part XIV)
qualification- 1/2 members have worked for 10 under GoI/state
service condition - decided by pst
composition
chairman + members (no. decided by pst) appointed by pst
tenure = 65 age or 6 years (in C)
removal
by pst
grounds
paid employment outside office
mentally/physically weak/incapable in opinion of pst
insolvent
misbehaviour
meaning - interested or/and participates for personal benefit in a govt contract/agreement
decided by SC and advise binding on pst
presents annual report to pst - he places it in LS and RS
independence ensured by
service condition cant be lowered after appointment
salaries/all expenses charged on CFI - barred from annual vote of prt
security of tenure - doesn't hold office till pleasure of pst
further employment
chairman - not allowed
members - eligible for ONLY as chairman of UPSC/SPSC
functions
decides principles for appointments/promotions/(transfers from one service to other)
handles disciplinary matters (civil)
help states on governor's request and pst's approval
matters of temporary appointments(>1 year)
conduct
exams
for all india/central/public services
award expenses for defending legal proceedings of official acts/ injuries incurred during duty
matters of reemployment of retired civil servants
other matters of personnel management
classification of services, pay, service condition, cadre management, training - done dep of personnel and training
- ie all initial things in making a person civil servant
limitations
SC - selection by UPSC doesn't give candidate the right to the post
UPSC not consulted for
making reservations for SC/ST/OBC
for important posts other than group A,B public services
SC - govt can act in matters mentioned above even without consulting UPSC, aggrieved civil servant has no remedy in court
C - Pst (with prt's approval) can take away any function of UPSC
conclusion/intro
UPSC - watchdog of merit system in india
FC
also a quasi judicial body
composition
chairman + 4 members - all appointed by P
hold office for period specified in P order
eligible for reappointment
constituted every 5th year or before
art 280
qualifications - specified by Pt
chairman
experience in public affairs
members
HC judge or qualified to be one
knowledge of finances of govt
experience in financial matters and admin
knowledge of economics
report submitted to P who lays it in Pt
functions
recommend P on
distribution of net taxes b/w
centre and states
inter state
principles governing grants to states (from CFI)
art 275 - statutory grants(not to all states, to needy states, charged on CFI - voted upon by the Parliament, also include grants for welfare of STs or for admin of the scheduled areas in a state including assam)
art 282 - discretionary grants(both centre and states are able to make any grants for any public purpose even if they are not within their legislative competence - earlier decided by planning commission) - help states to fulfil plan targets
any other financial matter referred by P
suggest measures to increase (helped by state FC) resources of local govts
recom are advisory in nature
Dr. Rajamannar, 4th FC chairman - "since FC is C body, its recom shouldnt be turned down unless there are very compelling reasons"
hence called balancing wheel of fiscal federalism
15th FC
starts from 1st april 2020
chairman - NK singh
issues/concerns
uses 2011 census
national commission for SCs/STs/OBCs
functions/powers
monitor C & legal safeguards
inquire complaints wrt of deprivation of above
participate/advice/recommend/evaluate socio-eco dev under centre/state
annual(or other time) report to P
discharge any other related function specified by P
of civil court wrt
summoning from any part of i
giving oath
discover/produce any doc
receive evidence/(public record from any court/office)
any other matter by P
centre/state to reqd to consult commission on policy matters affecting SCs/STs
report of commission
to P/governor
placed in Pt/SL
P/G places memorandum explaining
actions taken on recom of report
reasons for non-acceptance of recom if any
C
1990 - 65th CAA
(combined) commission for SC/ST inserted under art 338
2003 - 89th CAA
amended art 338 - NCSC
inserted art 338A - NCST
members
chairperson + VC + 3 members
all appointed by P
service conditions / tenure - decided by P
how castes/races/tribes awarded sc,st,obc status
suggest castes to be included in SC/ST/OBC list
P by notification declares them in lists of states(with G/state govt consultation) or UTs
Pt by law exclude/include groups awarded a status in above notification from/to the sc/st/obc list
special officer for linguistic minorities
do in society notes
CAG
intro
art 148
he is head of indian audit and accounts department(IAAD)
guardian of public purse
ambedkar - CAG is most imp officer under C
appointment
by P
office - 6 years or 65 age
resign any time - letter to P
can be removed - procedure same as judge of SC
independence ensured by
security of tenure, doesnt hold office till the pleasure of president
not eligible for further office (both centre and state)
salary, pension and service conditions
determined by Pt (and not executive)
cant be changed to his disadvantage post appointment
expenses of CAG office charged on CFI
service conditions of IAAD employees are prescribed by P after consultation with CAG
powers and duties
audits
exp accounts of
UTs having LA
consolidated fund of UT
centre & state
contingency fund
public accounts
CFI
types
financial
compliance
performance
receipts and exp of
bodies substantially financed by centre/state
govt companies
other bodies, when reqd by law or requested by P/G
any account of any department of centre/state govt
receipts, exp, transactions of centre/state
submit audit reports to P/G wrt centre/state on
appropriation accounts - compares actual exp with sanctioned exp
finance accounts - annual receipts and exp
public undertakings
derived from
C - empowers Pt to prescribe them
Pt made - CAG act 1971
issues
overstepping its jurisdiction
publicating reports, eg: 2G scam report, coalgate scam report
making remarks wrt wisdom behind govt policies eg: propriety auditing
lack of expertise - to understand technicalities in issues of policy making, eg: competitive biding vs first come first serve basis for natural resources
validity of assumptions made in accounting - eg: notional loss like in case of coal block allocation is debatable
"nit picking" attitude
lacks holistic outlook in auditing govt policies made with considering wider aspects
policy paralysis
delay in tabling of CAG reports
appointment not neutral/transparent
importance/benefits/pros
propriety auditing (under performance audit) - munimji case, SC - CAG to examine economy, efficiency and effectiveness of govt actions
uncovers major irregularities eg: coal block, 2G
difficult for PAC and Pt to review day to day functioning of executive - being non political and C body gives it high legitimacy
its reports enables legislators and media to raise questions about performance of govt
way-forward/ recom
wide publicity of CAG reports
debate reports' assumptions along with conclusions
fixed time frame to table CAG reports
Shome panel - make it multi member body to reduce workload
involve leader of opposition in CAG appointment
employ sectoral experts - env, economy, efficiency etc
attorney general of india
provisions
art 76
appointed by P
qualification
qualified to be SC judge
term not fixed
no procedure for removal in C
holds office during pleasure of P
salary decided by P
not a full-time counsel for the Gt
Not debarred from private legal practice
duties and functions
advice govt on legal matters referred by P
perform duties of legal character referred by P
appear on behalf of govt in all cases of SC
represent govt in SC in cases wrt art 143
appear on behalf of govt when reqd by govt in cases in HC
other duties of legal character assigned by P
discharge function conferred on him by C/law
rights
right of audience in all indian courts
right to speak and take part in proceedings of
LS and RS
joint sitting
Pt committee in which he is a member (doesnt have right to vote)
same privileges and immunities as for MP
limitations - he should not
advise govt against itself
advise against govt in its cases in court
defend accused persons in criminal cases without govt permission
be director of any company without govt permission
He should not advise any ministry or department of
Government of India
national commission for backward classes
provisions
earlier - statutory body - NCBC act 1993 under MoSJE
C body by 102nd CAA
duties/powers
examine
requests for inclusion of castes in BCs
complaints of over/under inclusion
centre revises list every 10 years - consults commission
presents annual report to centre - placed in Pt
centre has to explain Pt reasons for non-acceptance of its advise
post examination, advises centre on inclusion/exclusion
its advice is "generally binding"
powers of civil court wrt
summoning person
requiring prodn of documents
receiving evidences
can review earlier advise
centre/state to reqd to consult commission on policy matters affecting OBC
issues
not C body - powers not equivalent to NCSCs and NCSTs
cant look in grievances of BCs - unlike NCSCs/STs
decision not
binding - term "generally binding" not clear
effective, eg: NCBC against centre's inclusion of jats into OBC list
other challenges - vacancies, inadequate funds, interference by ministry
recom
2017 - NC for socially and edu BCs(NCSEdBC) bill
provisions and benefits
additional functions wrt OBCs
grievance redessal
advise govt for their socio-eco dev
evaluate progress of their dev
shift from executive to Pt for amending OBC(same as NCSEdBC) list
benefits
transparency
avoid decisions due to political expediency
takes away states' power to determine their own OBC list
C status to NCBC - art 338-B
benefits
better protection of interests of BCs
election commission
facts
conduct E for
P - lok sabha and rajya sabha
SL
V president
president(pst)
provisions
composition
1 CEC + any no. of ECs(P decides)
matters decided by majority
have equal powers
given in article 324
regional commissioners
appointment / condition of service / tenure by P - 65 age or 6 years
salary = SC judge
removal (in C)
CEC = SC judge
ECs = CEC recom + same procedure as CEC
independence ensured by
service condition - cant be lowered after appointment
ECs cant be removed without rec. of CEC
security of tenure - doesn't hold office till pleasure of pst
flaws
term/tenure of EC members not specified by C
retiring CEC/ECs not debarred from further employment by C
no qualification prescribed by C
appointment in hands of executive
no clear power division b/w CEC & ECs
powers/functions
notify election schedule
scrutinise nomination papers
revise electoral rolls
grant recognition to parties (A), and give them national/state party recognition
determine area of constituencies
allot election symbols (B)
act as court in A, B
determine MCC
advise P/gov for disqualification of MP/MLA/MLC
cancel poll when rigged
advise P if elections can be held in state during pst rule
recom/way forward
2nd ARC - collegium headed by PM to select EC members
CAA to constitutionalise term/qualification/service condition