Syllabus- Devolution of Powers and Finances-Issues and Challenges. Development Corporations for SCs, STs, BCs, Minorities and Disabled Welfare; Control over Administration-Legislative, Executive and Judicial Control.
Number of questions- Mains: 02, Prelims – 10
Mains Questions of the day-
1.Describe the various provisions in the Constitution related to the Scheduled Castes?
Introduction: –
Write the need for providing special provisions to SCs in the Constitution.
Social identities are so entrenched in our society that they often decide the fate of individuals.
Body: –
Write the various Constitutional Provisions available for the Scheduled Castes.
Conclusion: –
- Constitutional provisions and affirmative actions by the Government were not only ensure the equality and dignity of the human being, but also access to social justice which were the main objectives of the Constitution.
Content: –
Constitutional Provisions available for the Schedule Castes: –
- Article 15(4) refers to the special provisions for their advancement.
- Article 16(4A) speaks of “reservation in matters of promotion to any class or classes of posts in the services under the State in favour of SCs/STs, which are not adequately represented in the services under the State’.
- Article 17 abolishes Untouchability.
- Article 46 requires the State ‘to promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and to protect them from social injustice and all forms of exploitation.
- Article 335 provides that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.
- Article 330 and Article 332 of the Constitution respectively provide for reservation of seats in favour of the Scheduled Castes and the Scheduled Tribes in the House of the People and in the legislative assemblies of the States.
- Under Part IX relating to the Panchayats and Part IXA of the Constitution relating to the Municipalities, reservation for SC and ST in local bodies has been envisaged and provided.
2.What are the tools available to the Parliament to control the Executive?
Introduction: –
Describe the nature of the Parliamentary System.
Body: –
Write briefly about the tools available to the Parliament to control the executive functions.
Conclusion: –
In the functioning of various organs of the Government, a reasonable distance should be maintained in such way that doctrine of separation of power principle is followed but in maintaining accountability doctrine of checks and balances is maintained.
Content: –
Legislatives Control Over the Executive functions: –
In the Parliamentary form of Government, the Executive is responsible to the Legislature. Hence, the Parliament exercises control over the executive by several measures.
- By a vote of no-confidence, the Parliament can remove the Cabinet (executive) out of power. It can reject a budget proposal or any other bill brought by the Cabinet. A motion of no-confidence is passed to remove a Government from office.
- The MPs (Members of Parliament) can ask questions to the ministers on their omissions and commissions. Any lapses on the part of the government can be exposed in the Parliament.
- Adjournment Motion: Allowed only in the Lok Sabha, the chief objective of the adjournment motion is to draw the attention of the Parliament to any recent issue of urgent public interest. It is considered an extraordinary tool in Parliament as the normal business is affected.
- The Parliament appoints a Committee on Ministerial Assurances that sees whether the promises made by the ministers to the Parliament are fulfilled or not.
- Censure Motion: A censure motion is moved by the opposition party members in the House to strongly disapprove any policy of the government. It can be moved only in the Lok Sabha. Immediately after a censure motion is passed, the Government has to seek the confidence of the House. Unlike in the case of the no-confidence motion, the Council of Ministers need not resign if the censure motion is passed.
- Cut Motion: A cut motion is used to oppose any demand in the financial bill brought by the government.
Prelims of the day: –
1. In which part of the Indian Constitution, special provisions have been made for Scheduled Castes and Scheduled Tribes, Other Backward Classes and Anglo Indians?
- Part XVI
- Part XI
- Part XXI
- Part XIII
Answer: A
Explanation:
- Special provisions have been in Part XVI of the Indian constitution for the betterment of the Scheduled Castes and Scheduled Tribes, Other Backward Classes and Anglo Indians.
- These provisions have the reservation of the jobs, legislatures, etc. for the SCs, STs and OBCs.
2. Who has the right to decide that who will be included in the list of Scheduled Caste and Scheduled Tribes?
- Parliament
- President of India
- Supreme Court
- Governor of the state
Answer: B
Explanation:
The President of India has the right to specify as to what castes or tribes in each state and union territory to be treated as the SCs and STs.
3.Which article envisages the establishment of the National Commission for Scheduled Castes?
- Article 338
- Article 250
- Article 180
- Article 142
Answer: A
Explanation:
- The establishment of the National Commission for Scheduled Castes has been done under Article 338.
- Article 338 says that there shall be a Special Officer for the Scheduled Castes and Scheduled Tribes to be appointed by the President.
4. Which of the following is not matched correctly?
- Article 338-I: National Commission for Scheduled Tribes
- Article 330: Reservation of seats for Scheduled Castes and Scheduled Tribes in Lok Sabha
- Article 333: Representation of the people of the Anglo-Indian community in the Legislative Assemblies of the States
- Article 331: National Commission for Scheduled Castes
Answer: D
Explanation:
Article 331 is related to the representation of the people of the Anglo-Indian community in the Lok Sabha.
5. Which of the following is the constitutional body?
- National Child Rights Protection Commission
- The National Human Rights Commission (NHRC)
- National Minorities Commission
- National Commission for Scheduled Castes
Answer: D
Explanation:
The National Commission for Scheduled Castes is a constitutional body while the other commissions are the statutory commissions which have been established by the Act of Parliament.
6. Which of the following was related to the Kaka Kalelkar Commission?
- The National Commission for Scheduled Castes
- The National Scheduled Tribes Commission
- The Backward Class Commission
- The Anglo Indian community
Answer: C
Explanation:
- The Kaka Kalelkar Commission was formed in 1953. This was the first commission formed for the backward classes. It gave its report in 1955.
- The recommendations of this commission were rejected by the government.
7. Which of the following is related to Article 330-342 of Indian Constitution?
- All India Services
- Election Commission
- Village Panchayats
- Reservation and representation of Scheduled Castes, Scheduled Tribes in Lok Sabha
Answer: D
Explanation:
Article from 330 to 342 of Indian Constitution is related to reservation and representation of Scheduled Castes, Scheduled Tribes in Lok Sabha.
8. Which committee recommended the 27% reservation of the OBCs in the government jobs?
(a) Jogendra Nath Mandal committee
(b) B.P. Mandal committee
(c) Dilip Singh Bhuria committee
(d) U.N. Debar committee
Answer: B
Explanation:
On the basis of the B.P. Mandal committee; 27 percent reservation has been given to OBC. The central government headed by the V.P. Singh implemented the recommendations of the committee.
9. Which of the following is/are true regarding various funds in India?
1) Article 266 deals with Contingency fund of India.
2) Public account of India and Contingency fund of India do not need parliamentary approval for using their money.
- Only 1
- Only 2
- Both 1 and 2
- Neither 1 nor 2
Answer: B
Explanation:
The Constitution of India provides for the 3 kinds of funds for the Central Government –
Consolidated Fund of India (Article 266): –
It is a fund to which all receipts are credited and all payments are debited.
Consolidated Fund of India has –
- All revenues received by the Government of India
- All loans raised by the Government by the issue of treasury bills, loans or ways and means of advances and
- All money received by the government in repayment of loans.
- All the legally authorized payments on behalf of the Government of India are made out of this fund.
- No money out of this fund can be appropriated (issued or drawn) except in accordance with a parliamentary law.
Public Account of India (Article 266): –
- All other public money (other than those which are credited to the Consolidated Fund of India) received by or on behalf of the Government of India shall be credited to the Public Account of India.
- This includes provident fund deposits, judicial deposits, savings bank deposits, departmental deposits, remittances and so on.
- This account is operated by executive action, that is, the payments from this account can be made without parliamentary appropriation.
- Such payments are mostly in the nature of banking transactions.
Contingency Fund of India (Article 267): –
- The Constitution authorised the Parliament to establish a ‘Contingency Fund of India’, into which amounts determined by law are paid from time to time.
- Accordingly, the Parliament enacted the contingency fund of India Act in 1950.
- This fund is placed at the disposal of the president, and he can make advances out of it to meet unforeseen expenditure pending its authorisation by the Parliament.
- The fund is held by the finance secretary on behalf of the president.
- It is also operated by executive action.
10.Which of the following is not charged on Consolidated Fund of India?
- Salary of CAG
- Grants for Railways
- Administrative expenses of the Supreme Court
- Pensions of the judges of high courts
Answer: B
Expenditure: –
The budget consists of two types of expenditure – the expenditure ‘charged’ upon the Consolidated Fund of India and the expenditure ‘made’ from the Consolidated Fund of India.
The charged expenditure is non-votable by the Parliament, that is, it can only be discussed by the Parliament, while the other type has to be voted by the Parliament.
The list of the charged expenditure is –
- Emoluments and allowances of the President and other expenditure relating to his office.
- Salaries and allowances of the Chairman and the Deputy Chairman of the Rajya Sabha and the Speaker and the Deputy Speaker of the Lok Sabha.
- Salaries, allowances and pensions of the judges of the Supreme Court.
- Pensions of the judges of high courts.
- Salary, allowances and pension of the Comptroller and Auditor General of India
- Salaries, allowances and pension of the chairman and members of the Union Public Service Commission.
- Administrative expenses of the Supreme Court, the office of the Comptroller and Auditor General of India and the Union Public Service Commission including the salaries, allowances and pensions of the persons serving in these offices.
- The debt charges for which the Government of India is liable, including interest, sinking fund charges and redemption charges and other expenditure relating to the raising of loans and the service and redemption of debt.
- Any sum required to satisfy any judgment, decree or award of any court or arbitral tribunal.
- Any other expenditure declared by the Parliament to be so charged.