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Decisions of Election Commission, UPSC, and CAG are immune from judicial review by courts.
- True
- False
Answer: False
No constitutional body is immune from judicial review. Supreme Court/High Courts can examine: (a) Procedural fairness (natural justice), (b) Jurisdictional errors, (c) Violation of fundamental rights, (d) Arbitrariness/unreasonableness. However, courts show deference to technical/expert decisions (e.g., EC's poll schedule, UPSC's exam standards) unless manifestly illegal. Balances institutional autonomy with constitutional accountability.
The advice tendered by UPSC to the government is always binding and must be accepted.
- True
- False
Answer: False
Article 320(3): UPSC's advice is not binding; government may accept/reject it. However, if government rejects advice, it must record reasons and place them before Parliament/State Legislature (Article 320(5)). This ensures transparency and accountability while preserving executive's final decision-making authority. Balances merit-based recommendations with administrative flexibility.
After ceasing to hold office, the CAG is eligible for further appointment under Union or State Government.
- True
- False
Answer: False
Article 148(4): CAG, after ceasing office, is not eligible for further appointment under Union or State Government. Similar restrictions for CEC (no post-tenure government employment) and UPSC members (limited exceptions). Prevents conflict of interest and ensures members act independently without expectation of post-tenure rewards.
The recommendations of the Finance Commission are binding on the Union and State Governments.
- True
- False
Answer: False
Article 280(3): Finance Commission recommendations are advisory, not binding. However, by convention and political consensus, most recommendations are accepted. President lays FC report before Parliament with action-taken report. States often lobby for favorable devolution. FC's moral authority and technical expertise ensure significant influence on fiscal policy.
The CAG audits only the expenditures of the Union Government and not those of State Governments.
- True
- False
Answer: False
Article 149: CAG audits: (a) Union Government accounts, (b) State Government accounts, (c) Bodies substantially financed by Union/State funds (as Parliament/State Legislature may prescribe). CAG reports on Union accounts submitted to President (laid before Parliament); on State accounts to Governor (laid before State Legislature). Ensures financial accountability at all levels.
The expenses of UPSC, including salaries and pensions of members, are charged on the Consolidated Fund of India.
- True
- False
Answer: True
Article 322: UPSC expenses charged on Consolidated Fund of India (not subject to annual parliamentary vote). Similar provision for State PSCs (Article 322). Financial insulation protects UPSC from executive pressure, ensuring impartial conduct of recruitment and advisory functions. Critical for merit-based civil services.
The Model Code of Conduct for political parties and candidates is a statutory provision enforceable by courts.
- True
- False
Answer: False
MCC is not statutory; it's a set of guidelines evolved by consensus among political parties and enforced by EC under Article 324's plenary powers. Violations can lead to EC actions: censure, campaign ban, derecognition, but not criminal prosecution. Supreme Court has upheld EC's power to enforce MCC as part of 'direction and control' of elections.
The Chief Election Commissioner and Election Commissioners are appointed by the President on the advice of the Prime Minister.
- True
- False
Answer: False
Article 324(2): President appoints CEC and ECs. Conventionally, appointments made based on recommendations of selection committee. 2023 Supreme Court judgment (Anoop Baranwal case) mandated selection committee: PM + Leader of Opposition + CJI. Parliament can make alternative law; as of 2024, new law under consideration. Aims to depoliticize appointments.
Studies show that reservation for women in Panchayats has led to increased investment in public goods like water, roads, and education, reflecting women's policy priorities.
- True
- False
Answer: True
Research (e.g., Chattopadhyay & Duflo, 2004) indicates women leaders in Panchayats prioritize public goods aligned with women's needs: drinking water, sanitation, education, health. Reservation has also increased women's political participation beyond quotas, challenged gender stereotypes, and empowered women at grassroots. Demonstrates transformative potential of inclusive decentralization.
The 73rd and 74th Amendments have successfully ensured regular elections, reservation implementation, and financial devolution to local bodies across all States.
- True
- False
Answer: False
While 73rd/74th Amendments institutionalized local self-government, implementation gaps persist: (a) Irregular elections in some States, (b) Inadequate devolution of functions/funds/functionaries (3 Fs), (c) Limited capacity building, (d) Political interference in State Election Commissions. Second Administrative Reforms Commission (2007) highlighted need for genuine empowerment. Progress is uneven but significant.
Accounts of Panchayats and Municipalities are audited by the Comptroller and Auditor General of India directly.
- True
- False
Answer: False
Article 243J: State Legislature may make provisions for maintenance/audit of Panchayat/Municipality accounts. CAG audits only if State law so provides. Most States have local fund audit departments. CAG's role is limited to grants/loans from Consolidated Fund. Ensures accountability while respecting State autonomy over local bodies.
Article 243ZD mandates constitution of District Planning Committee to consolidate plans from Panchayats and Municipalities and prepare draft development plan for district.
- True
- False
Answer: True
Article 243ZD: District Planning Committee (DPC) in every district: (a) 4/5 members elected by Panchayat/Municipality members from amongst themselves, (b) Chairperson as State law determines. Consolidates rural and urban plans, prepares draft district development plan. Promotes integrated spatial and sectoral planning at district level.
Reservation of seats for women in Municipalities is mandatory at not less than one-third, including within SC/ST reservations, similar to Panchayats.
- True
- False
Answer: True
Article 243T: Reservation in Municipalities mirrors Panchayats: (a) SCs/STs in proportion to population, (b) Not less than 1/3 for women (including within SC/ST quotas), (c) States may reserve for OBCs. Chairperson positions also reserved. Has significantly increased women's representation in urban local governance.
Gram Sabha, comprising all registered voters in a village, is the foundation of Panchayati Raj system and exercises powers as determined by State Legislature.
- True
- False
Answer: True
Article 243A: Gram Sabha (village assembly of registered voters) is basic unit of direct democracy. Powers/functions determined by State Legislature: approving plans, budgets, selecting beneficiaries, social audit, etc. Empowers citizens to participate directly in local governance, ensuring accountability of elected representatives.
The State Election Commissioner can be removed from office only in like manner and on like grounds as a Judge of High Court.
- True
- False
Answer: True
Article 243K(2): State Election Commissioner's removal conditions same as High Court Judge (Article 217): by Presidential order after Parliament address with special majority. Ensures independence of State Election Commission from State executive, enabling impartial conduct of local elections. Critical for democratic decentralization.
The 73rd Amendment mandates a three-tier Panchayati Raj system in all States, regardless of population size.
- True
- False
Answer: False
Article 243B: Three-tier system (Village, Block, District Panchayats) mandated only for States with population exceeding 20 lakhs. Smaller States may have two-tier system. This flexibility accommodates administrative feasibility while promoting decentralization. All States now have PRIs, but structure varies.
The Indian Constitution is described as 'federal with a strong unitary bias' because it contains more unitary features than federal features.
- True
- False
Answer: False
India has both federal (written Constitution, division of powers, independent judiciary, bicameralism) and unitary features (single citizenship, strong Centre, All India Services, emergency provisions, Governor's role, integrated judiciary, Parliament's power to reorganize States). 'Unitary bias' means Centre has overriding powers in crises, not that unitary features outnumber federal ones. Balance tilts to Centre for national unity.
NITI Aayog, which replaced Planning Commission, promotes cooperative federalism by including all State Chief Ministers in its Governing Council.
- True
- False
Answer: True
NITI Aayog (2015): Governing Council comprises PM (Chairperson), all CMs, UT Lt. Governors. Unlike Planning Commission's top-down approach, NITI Aayog emphasizes 'Team India' with States as partners. Has no constitutional status but institutionalizes cooperative federalism through policy dialogue, best practices sharing, and competitive federalism rankings.
The Governor acts as a vital link between Union and State governments in India's federal structure.
- True
- False
Answer: True
Governor (appointed by President) performs dual role: (a) Constitutional head of State executive, (b) Agent of Union for reporting State affairs to President (Article 356). This dual role can create tension but is designed to maintain federal balance. Sarkaria Commission recommended Governors act impartially, not as Union agents.
The imposition of President's Rule under Article 356 suspends the State Legislature but not the State Constitution.
- True
- False
Answer: True
Article 356: President's Rule suspends State Council of Ministers and Legislative Assembly; Governor administers State on behalf of President. However, State Constitution (as part of Indian Constitution) remains operative. Parliament legislates on State List for that State. SR Bommai case (1994) made imposition subject to judicial review.