FC-for-IAS-Prelims-2018-polity-Day-46
70 Days WAR Plan

Day#46 Static Flash Cards Revision [70 Days WAR Plan]

Central Vigilance Commissioner (CVC); Central Bureau of Investigation (CBI); Lokpal and Lokayuktas Act (2013); Comptroller and Auditor General; Composition of the Central Council of Local Government; Paid news; Reservation in the elections in the Panchayati Raj institution; Disqualification of member of Parliament on Ground of Defection; Removal of an Election Commissioner; State Finance Commission (SFCs);
By IT's Core Team
May 06, 2019

 

 

 

What are the functions of State Finance Commission (SFCs)?

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Answer & Enrich Your Learning:

About State Finance Commission (SFCs):

  • The governor of a state, after every five years, constitutes a finance commission.
  • It is a quasi-judicial body.
  • It reviews the financial position of the Panchayats.
  • It would lay down the criteria and guidelines for the devolution of finances to the Panchayati Raj institutions.
  • It makes recommendations to the Governor as to the principles which should govern:
    • The distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State.
    • It is divided between state and panchayats and allocation between the Panchayats at all levels of their respective shares of such proceeds.
    • The determination of the taxes, duties, tolls and fees which may be assigned as, or appropriated by, the Panchayats.
    • The grants-in-aid to the Panchayats from the Consolidated Fund of the State.
  • The measures needed to improve the financial position of the Panchayats are also recommended by SFC to Governor.
  • Devolution of funds from the State Government based on the recommendations of the State Finance Commission as per Article 243-I.
  • Article 243Y of the Constitution further provides that the Finance Commission constituted under Article 243 I shall make similar recommendation vis-a-vis municipalities.
  • The Governor is required to cause every recommendation made by the State Finance Commission together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.

 

 

 

What is the constitutional provision regarding the removal of an Election Commissioner?

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Answer:

Constitutional provision for removal of Election Commissioner:

  • The Chief Election Commissioner (CEC) and the Election Commissioners have a tenure of six years, or up to the age   of 65, whichever is earlier, and enjoy the same status and receive salary and perks as available to Supreme Court judges.
  • They can resign at any time or can also be removed before the expiry of their term.
  • The CEC and the Election Commissioners enjoy the same decision-making powers which is suggestive of the fact that their powers are at par with each other.
  • He cannot be removed from his office except in same manner and on the same grounds as a judge of the Supreme Court.
  • They can be removed from office only through impeachment by Parliament.
  • CEC can be removed by the president on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority, either on the ground of proved misbehavior or incapacity.
  • However, Article 324(5) does not provide similar protection to the Election Commissioners.
  • It merely says that they cannot be removed from office except on the recommendation of the CEC.
  • Substantive Motion in the constitution of India is a self-contained independent proposal dealing with a very important matter like impeachment of the President or removal of Chief Election Commissioner.

 

 

 

What are the criteria for the disqualification of member of Parliament on Ground of Defection?

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Answer & Enrich Your Learning:

  • Apart from article 102, the Tenth Schedule to Constitution provides for disqualification of the members on ground of defection.
  • Defection refers to desertion of one’s party in favor of an opposing one.

As per the provisions of the Tenth Schedule, a member may be disqualified if he:

  • Voluntarily gives up the membership of his political party which gave him ticket to contest and win
  • Votes or abstains from voting in the House contrary to any direction issued by the political party to which he belongs, unless such voting or abstention has been condoned by the political party within fifteen days.
  • A member elected as an independent candidate shall be disqualified if he joins any political party after his election.
  • However, a nominated member is allowed to join a political party provided he joins such political party of his choices within a period of six months. After that period, joining a political party would lead to defection and disqualification.

Who decides the question of disqualification?

  • The question whether a member is subject to disqualification in all other matters except under 10th schedule (disqualification) is decided by President. However, President should obtain the opinion of the election commission before taking such decision.
  • The question of disqualification under Anti-defection / Tenth Schedule is decided by the Chairman in the case of Rajya Sabha {i.e. Vice-President} and Speaker in the case of Lok Sabha.
  • The decision of Chairman / Speaker in this condition is subject to judicial review.

 

 

 

 

 

According to Seventy-third Amendment, who are awarded reservation in the elections in the Panchayati Raj institution: The Scheduled Castes OR the Scheduled Tribes OR Both

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Answer:

  • According to Seventy-third Amendment, seats are reserved for both, Scheduled Caste and Scheduled Tribes along with reservation for women.

Enrich your learning:

Reservation of seats in Panchayati Raj Institution:

  • Seats shall be reserved for-
  1. The Scheduled Castes; and
  2. The Scheduled Tribes,
  • in every Panchayat and the number of seats of reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Panchayat.
  • Not less than one-third of the total number of seats reserved shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.

 

 

 

What is paid news?

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Answer:

  • Any news or analysis appearing in any media (print & electronic) for a price in cash or kind as consideration.

About Paid News:

  • The Election Commission has accepted a definition that the Press Council of India came up with in 2010. According to the Press Council’s report, paid news is ‘any news or analysis appearing in any media (print & electronic) for a price in cash or kind as consideration’.
  • It was a complex phenomenon that had acquired different forms over the last six decades ranging from accepting gifts on various occasions, foreign and domestic junkets, various monetary and non-monetary benefits, besides direct payment of money. It mentioned that private treaties signed between media companies and corporate entities could also be part of the phenomenon.

 

 

 

What is the composition of the Central Council of Local Government?

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Answer:

  • It consists of the Minister for Urban Development in the Government of India and the ministers for local self-government in states.

Enrich your learning:

About Central Council of Local Government:

  • The Central Council of Local Government was formed in 1954. It was constituted under Article 263 of the Constitution of India by an order of the President of India.
  • Till 1958, the council dealt with both urban as well as rural local governments, but after 1958 it has been dealing with matters of urban local government only.
  • This Council is an advisory body. It consists of the Minister for Urban Development in the Government of India and the ministers for local self-government in states. The Union minister acts as the Chairman of the Council.

 

 

 

Which central department assists the Comptroller and Auditor General (C&AG) in performance of his duties?

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Answer:

  • In the performance of the duties, Comptroller and Auditor General (C&AG) is assisted by the Indian Audit and Accounts Department.

Enrich your learning:

About Comptroller and Auditor General:

  • The Comptroller and Auditor General (C&AG) occupies a unique place in Indian democracy. It was created by the Constitution Act, 1950. It is a Constitutional authority responsible to conduct the audit of the financial transactions of the union and state governments and union territories.
  • The President appoints the C&AG by warrant under his hand and seal. He / she takes an oath to uphold the Constitution and laws and to discharge the duties without fear or favour, affection or ill will before assuming office.
  • The C&AG performs the following audit functions:
  1. Audit all transactions of the union and of the states relating to Contingency Fund, and Public Accounts.
  2. Audit all trading, manufacturing, profit and loss accounts and balance sheets and other subsidiary accounts kept in any department of the union or of a state; and in each case to report on the expenditure, transactions or accounts so audited.
  3. Audit receipts and expenditure of bodies or authorities substantially financed from union or state revenues.
  4. Audit accounts of any other bodies or authorities by request.
  • In connection with the discharge of the audit duties, the Comptroller and Auditor General can inspect any office of accounts under the control of the union or a state, including treasuries and offices responsible for keeping initial or subsidiary accounts.
  • In the performance of the duties, he / she is assisted by the Indian Audit and Accounts Department. C&AG acts as a friend, philosopher and guide to Public Accounts Committee in the discharge of its functions.

 

 

 

Under the Lokpal and Lokayuktas Act (2013), Prime Minister has been brought under the purview of Lokpal. Is it true or not?

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Answer:

  • Prime Minister has been brought under the purview of Lokpal by Lokpla and Lokayuktas Act (2013).

About the Lokpal and Lokayuktas Act (2013):

  • This Act will establish the institution of the Lokpal at the Centre and the Lokayukta at the level of the State
  • It seeks to provide a uniform vigilance and anti-corruption road map for the nation both at the Centre and at the States.
  • The jurisdiction of Lokpal includes the Prime Minister, Ministers, Members of Parliament and Groups A, B, C and D officers and officials of the Central Government.
  • The Lokpal to consist of a Chairperson with a maximum of 8 members of which 50% shall be judicial members.
  • 50% of the members of the Lokpal will will amongst the SCs, the STs, the OBCs, minorities and women.
  • The Chairperson and the members of Lokpal shall be selected by a Selection Committee consisting of the Prime Minister, the Speaker of the Lok Sabha, the Leader of the Opposition in the Lok Sabha, the Chief Justice of India or a sitting Supreme Court Judge nominated by the Chief Justice of India and an eminent jurist to be nominated by the President of India.
  • 50% of the members of the Search Committee will also be from amongst the SCs, the STs, the OBCs, minorities and women.
  • The Prime Minister has been brought under the purview of the Lokpal with subject matter exclusions and specific process for handling complaints against the Prime Minister.
  • Institutions which are financed fully or partly by Government are under the jurisdiction of Lokpal, but institutions aided by Government are excluded.
  • The Lokpal will have the power of superintendence and direction over any investigating agency, including the CBI, for cases referred to them by the Lokpal.

 

 

 

The term of office of the Central Vigilance Commissioner (CVC) and the Vigilance Commissioners would be five years from the date on which they enter their office. Is it true or not?

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Answer:

  • No.
  • The term of office of the CVC and the Vigilance Commissioners would be four years from the date on which they enter their office or till they attain the age of 65 years, whichever is earlier.

About (Central Vigilance Commissioner) CVC:

  • The Central Vigilance Commission was set up by the Government in February, 1964.
  • It was formed on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam,
  • It was meant to advise and guide Central Government agencies in the field of vigilance.
  • The Central Vigilance Commissioner and the Vigilance Commissioners shall be appointed by the President on recommendation of a Committee consisting of the Prime Minister (Chairperson), the Minister of Home Affairs (Member) and the Leader of the Opposition in the House of the People (Member).
  • The CVC is headed by a Central Vigilance Commissioner who is assisted by two Vigilance Commissioners.
  • In every State of India, there is either a State Vigilance Commission or Lok Ayukta that is watching after the vigilance problems of the State Governments.
  • The CVC is not controlled by any Ministry/Department.
  • It is an independent body which is only responsible for the Parliament.
  • The Central Vigilance Commissioner or any Vigilance Commissioner can be removed from his office.
  • They can be removed only by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the President.
  • They are not eligible for further employment under the Central or a state government once their term is completed.

 

 

 

Central Bureau of Investigation (CBI) functions under the Ministry of Home Affairs. Yes or No?

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Answer:

  • No. 
  • CBI functions under the jurisdiction of the Ministry of Personnel, Public Grievances and Pensions.

Enrich Your Learning:

About CBI:

  • The Central Bureau of Investigation (CBI) is the premier investigating agencyand security service of India. CBI is the chief investigating agency of the Central Government.
  • It functions under the jurisdiction of the Ministry of Personnel, Public Grievances and Pensions.
  • The CBI is headed by the Cabinet Minister who reports directly to the Prime Minister.
  • It was in the year 1962-1964 that the foundation of the CBI was recommended by the Santhanam Committee on Prevention of Corruption.
  • CBI is not a statutory body.
  • It advances its powers from the Delhi Special Police Establishment Act, 1946.
  • It plays a significant role in preventing corruption and sustaining integrity in administration.
  • Assistance to the Central Vigilance Commission is also provided by CBI.
  • The agency has been known to investigate several economic crimes, special crimes, cases of corruption and other high profile cases.
  • The CBI is headed by a Director.
  • He is assisted by a Special Director or an Additional Director.
  • Moreover, it has a number of joint directors, deputy inspector generals, superintendents of police and all other usual ranks of police personnel.
  • The responsibility of the administration of the organisation is shouldered on the Director of CBI as Inspector-General of Police, Delhi Special Police Establishment.
  • With the enactment of CVC Act, 2003, the superintendence of Delhi Special Police Establishment vests with the Central Government save investigations of offences under the Prevention of Corruption Act, 1988, in which, the superintendence vests with the Central Vigilance Commission.
  • The Director of CBI has been provided security of two-year tenure in office by the CVC Act, 2003.

Appointment:

  • The modified Delhi Special Police Establishment Act authorises a committee to appoint the director of CBI.

The committee comprises of the following people:

  1. Prime Minister – chairperson
  2. Leader of Opposition – member
  3. Chief Justice of India or a Supreme Court Judge recommended by the Chief Justice – member

When making recommendations, the committee reflects the views of the outgoing director.

CBI may investigate following cases:

  • Cases which are fundamentally against Central Govt. employees or regarding affairs of the Central Govt.
  • Cases in which the financial benefits of the Central Government are involved.
  • Cases concerning to the breaks of Central Laws with the enforcement of which the Government of India is mostly concerned.
  • Major cases of fraud, cheating, embezzlement and the like concerning to companies in which large funds are tangled and similar other cases when committed by organised gangs or professional criminals having effects in several States.
  • Cases having interstate and international consequences and involving several official agencies where, from wholly angles, it is considered necessary that a single investigating agency should be incharge of the investigation.
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