Governor appoints the chairman and members of the State Public Service Commission (SPSC). However, they can be removed only by the President.

The SPSC presents its annual report to the governor. The governor places this report before both the Houses of the state legislature.

The governor can exclude posts, services and matters from the purview of the SPSC. This is one of the limitations of the SPSC.

According to article 165, the Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate General for the State. It is the duty of the Advocate General to give advice to the Government of the State on legal matters.

Advocate General of the State can take part in the proceedings of both the Houses of the state legislature. Further, he enjoys all the privileges and immunities that are available to a member of the state legislature.
Article 177: Every Minister and the Advocate-General for a State shall have the right to speak-in, and otherwise take part in the proceedings of Legislative Assembly of the State or in case of a State having a Legislative Council; Both Houses, and to speak-in, and otherwise to take part in the proceedings of, any committee of the Legislature of which he may be named a member but shall not; by virtue of this Article, be entitled to vote.

Lack of proactive use of authority is a challenge that is being faced by the Election commission- The Election Commission had told the Supreme Court that its powers to discipline politicians who sought votes in the name of caste or religion were “very limited”.

Measures to strengthen The Institution of EC, Suggestions to strengthen the ECI:

• Give constitutional protection for all three-election commissioners as opposed to just one at present

• Institutionalise the convention where the senior-most EC should be automatically elevated as CEC in order to instil a feeling of security in the minds of the ECs and that they are insulated from executive interference in the same manner as CEC

• Reducing the ECI’s dependence on DoPT, Law Ministry, and Home Ministry; ECI should have an independent secretariat for itself and frame its own recruitment rules, and shortlist and appoint officers on its own.

• Its expenditures must be charged upon the Consolidated Fund of India similar to other constitutional bodies, such as the UPSC. The government the Election Commission (Charging of Expenses on the Consolidated Fund of India) Bill, 1994 in the 10th Lok Sabha which lapsed on the dissolution of the 10th Lok Sabha in 1996 and was never re-introduced. Equal status to all ECs – For this, there is a case filed in the Supreme court which demands the equal security of tenure and constitutional protection to all the ECs.

The National Commission for Scheduled Tribes is vested with the duty to participate and advise in the planning process of socio-economic development of STs, and to evaluate the progress of their development under the Union and any State.

The National Commission for Scheduled Tribes presents an annual report to the President of India.

● A linguistic minority is a class of people whose mother tongue is different from that of the majority in the state or part of a state. The constitution provides for the protection of the interests of linguistic minorities.

● According to Article 350b, Special Officer for linguistic minorities to be appointed by the President. There is no fixed tenure specified in this Article for the Special Officer for linguistic minorities.

An Act made by Parliament or, as the case may be, the Legislature of a State may provide for the exercise of additional functions by the Union Public Service Commission or the State Public Service Commission as respects the services of the Union or the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution.Hence option D is correct.

The Constitution considers UPSC to be the ‘watch-dog of merit system’ in India. It is concerned with the recruitment to the all-India and central services - group A and group B.

It advises the government, when consulted, on promotion and disciplinary matters.

It is not concerned with the classification of services, pay and service conditions, cadre management, training etc., which are handled by the Department of Personnel and Training of the Ministry of Personnel, Public Grievances and Pensions. Hence statement 1 is incorrect.

Recommendations made by it are only of advisory nature and not binding on the government. The only safeguard is the answerability of the government to the Parliament for deviating from the recommendation of the commission.

The Chairman or a member of the UPSC can be removed from office by the President only in the manner and on the grounds mentioned in the Constitution.

The conditions of service of the Chairman or a member, though determined by the President, cannot be varied to his disadvantage after his appointment.

The Chairman of UPSC on ceasing to hold office is not eligible for further employment in the Government of India or a state.

A member of UPSC on ceasing to hold office is eligible for appointment as the Chairman of UPSC or a State Public Service Commission (SPSC), but not for any other employment in the Government of India or a state. Hence statement 2 is correct.

The Chairman or a member of UPSC after having completed his first term is not eligible for re-appointment to that office. Thus, there is no second term for the same office.

Hence statement 3 is incorrect.

● The Constitution makes a provision for the establishment of a Joint State Public Service Commission (JSPSC) for two or more states.

● While the UPSC and the SPSC are created directly by the Constitution, a JSPSC can be created by an act of Parliament on the request of the state legislatures concerned. Hence, Statement 1 is correct.

● Thus, a JSPSC is a statutory and not a constitutional body. Hence, Statement 2 is incorrect.

● The two states of Punjab and Haryana had a JSPSC for a short period, after the creation of Haryana out of Punjab in 1966.

● Advocate General of the State is a constitutional office under Article 165 of the constitution. Hence, the first statement is incorrect.

● Constitution has not fixed the term of office of the Advocate General of the State and he holds office during the pleasure of the Governor. Hence, the second statement is correct.

● Advocate General of the State enjoys immunities enjoyed by the members of the state legislature so that he can perform his duties fearlessly. Hence, the third statement is correct.

* Political parties are registered with the Election Commission under the law. The Commission ensures inner party democracy in their functioning by insisting upon them to hold their organizational elections at periodic intervals.

* Political Parties so registered with it are granted recognition at the State and National levels by the Election Commission on the basis of their poll performance at general elections according to criteria prescribed by it.

* The Commission, as a part of its quasi-judicial jurisdiction, also settles disputes between the splinter groups of such recognised parties.

* Once the polls are completed and result declared, the Commission cannot review any result on its own. This can only be reviewed through the process of an election petition, which can be filed before the High Court, in respect of elections to the Parliament and State Legislatures.

* The decisions of the Commission can be challenged in the High Court and the Supreme Court of the India by appropriate petitions.

* As a constitutional functionary, CAG is primarily entrusted with the responsibility to audit the accounts and related activities of the three tiers of Government – Federal, Provincial and Local; the State-owned public sector commercial enterprises; and autonomous bodies financed by the Federal and Provincial Governments.

* The Comptroller and Auditor-General shall cause the accounts of the District and Regional Councils to be audited in such manner as he may think fit, and the reports of the Comptroller and Auditor- General relating to such accounts shall be submitted to the Governor who shall cause them to be laid before the Council.

Statement 1 is not correct: The Chief Election Commissioner (CEC) is appointed by the President of India. But once appointed, the Chief Election Commissioner is not answerable to the President or the government. Even if the ruling party or the government does not like what the Commission does, it is virtually impossible for it to remove the CEC.

Statement 2 and 3 are correct:

• Very few election commissions in the world have such wide-ranging powers as the Election Commission of India.

• EC takes decisions on every aspect of conduct and control of elections from the announcement of elections to the declaration of results.

• It implements the Code of Conduct and punishes any candidate or party that violates it.

• During the election period, the EC can order the government to follow some guidelines, to prevent use and misuse of governmental power to enhance its chances to win elections, or to transfer some government officials.

• When on election duty, government officers work under the control of the EC and not the government.

The duties and powers of Comptroller and Auditor General of India are as follows:

* He audits the accounts related to all expenditure from Consolidated Fund of India, consolidated Fund of each state and union territory having a legislative assembly.

* He audits all expenditure from the Contigency Fund of India and the Public Account of India as well as the Contigency Fund and Public Account of each state.

* He audits all trading, manufacturing, profit and loss accounts, balance sheets and other subsidiary accounts kept by any department of the Central Government and State Governments.

* He audits the receipts and expenditure of the Government Companies

According to article 243J, the Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Panchayats and the auditing of such accounts. Hence, per se CAG is not involved in auditing of accounts of Panchayats.

CAG used to compile accounts of the Central Government till 1976. In 1976, CAG was relieved of his responsibilities with regard to the compilation and maintenance of accounts of the Central Government due to the separation of accounts from audit.

The post of Attorney General for India has been created under Article 76 of the Constitution, however, the post of the Solicitor General of India is not mentioned under the constitution. Hence, whereas, Attorney General for India is a constitutional body, the Solicitor General is not a constitutional body.

According to article 76, the President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney General for India i.e. he must have been a judge of some high court for five years or an advocate of some high court for ten years.

The Attorney General is not a government servant. Hence, he is not debarred from private legal practice. However, he should not advise against the Government of India.

Article 76 provides for the office of the Attorney General (AG). He is the highest law officer of the country. He is appointed by the president. He must be a citizen of India and he must have been a judge of some high court for five years or an advocate of some high court for ten years or an eminent jurist.

The term of office of the AG is not fixed by the Constitution. Neither does the Constitution contain the procedure and grounds for his removal. He holds office during the pleasure of the president. He may be removed by the president at any time or he may also quit his office by submitting his resignation to the president.

* CAG (Article 148) is the head of the Indian Audit and Accounts department. Hence, 1 is correct.

* CAG is the guardian of public purse and controls the entire financial system of the country at both the levels- the Centre and the state. Hence, 2 is correct.

* (S)he is NOT eligible for further office , either under GOI or of any state after (s)he ceases to hold the office of CAG. Hence, 3 is incorrect.

* The National Commission for Scheduled Castes (SCs) is a constitutional body in the sense that it is directly established by Article 338 of the Constitution.

* Originally, Article 338 of the Constitution provided for the appointment of a Special Officer for Scheduled Castes (SCs) and Scheduled Tribes (STs).

* The 89th Constitutional Amendment Act of 2003 bifurcated the combined National Commission for SCs and STs into two separate bodies, namely, National Commission for Scheduled Castes (under Article 338) and National Commission for Scheduled Tribes (under Article 338-A).

* The separate National Commission for SCs came into existence in 2004.

* The commission consists of a chairperson, a vice-chairperson and three other members. They are appointed by the President by warrant under his hand and seal. Their conditions of service and tenure of office are also determined by the President.

* The chairperson and a vice-chairperson are conferred the status of Cabinet Minister and Minister of State respectively.

The Election Commission of India is an autonomous constitutional authority responsible for administering Union and State election processes in India. Therefore statement 1 is correct. The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President and Vice President in the country. Part XV of the Indian constitution deals with elections, and establishes a commission for these matters. The Election Commission was established in accordance with the Constitution on 25th January 1950. Article 324 to 329 of the constitution deals with powers, function, tenure, eligibility, etc of the commission and the member. Election Commission of India superintendents, direct and control the entire process of conducting elections to Parliament and Legislature of every State and to the offices of President and Vice-President of India. Therefore statement 2 is incorrect. The most important function of the commission is to decide the election schedules for the conduct of periodic and timely elections, whether general or bye-elections. It prepares electoral roll, issues Electronic Photo Identity Card (EPIC). It decides on the location polling stations, assignment of voters to the polling stations, location of counting centres, arrangements to be made in and around polling stations and counting centres and all allied matters. It grants recognition to political parties & allot election symbols to them along with settling disputes related to it. The Commission also has advisory jurisdiction in the matter of post election disqualification of sitting members of Parliament and State Legislatures. It issues the Model Code of Conduct in election for political parties and candidates so that the no one indulges in unfair practice or there is no arbitrary abuse of powers by those in power. It sets limits of campaign expenditure per candidate to all the political parties, and also monitors the same. Thus ECI has administrative, advisory and quasi-judicial functions and power. Therefore statement 4 is incorrect. Election to panchayats and municipal council superintended by state election commissions established under 73^rd and 74^th constitutional amendment act. Therefore statement 3 is correct.

Article 315 of the Indian Constitution deals with Public Service Commissions for the Union and for the States. The UPSC is a constitutional body. Its independence was ensured through constitutional provisions of security of tenure, financial independence (charged on consolidated fund of India). Therefore statement 1 is correct. Chairman and members of UPSC are appointed by President of India and not the Prime minister. Therefore statement 2 is incorrect. Strength of membership of UPSC is not mentioned in constitution it is decided by President. 10 members and a chairman is decided by president. Therefore statement 3 is incorrect. There is mention of some qualifications for membership of UPSC – one half of the members should be such persons who have held office for at least ten years either under central or state government. Therefore statement 4 is incorrect.

The Finance Commission is constituted by the President under article 280 of the Constitution, mainly to give its recommendations on distribution of tax revenues between the Union and the States and amongst the States themselves. Hence option A is correct.