• Option A is correct.
• Option A is correct. The Chief Secretary is the ex-officio head of the state Civil Services Board, the State Secretariat, the state cadre Indian Administrative Service. The Chief Secretary acts as the principal advisor to the chief minister on all matters of state administration.
• The recent Centre-West Bengal controversy over Political and administrative elements has brought attention towards the federal structure in India. Department of Personnel and Training (DoPT) under Ministry of Personnel directed that West Bengal Chief Secretary Alapan Bandyopadhyay report to its office.
• Option B is incorrect. The Chief Secretary is the top-most executive official and senior-most civil servant of the state government. The appointment of the Chief Secretary of a state is the exclusive preserve of the chief minister. The CS appointment is essentially a transfer order issued by the General Administration Department of the state government in the name of the Governor, but it can be effectively done only after the chief minister has made her choice.
• Option C is incorrect. The office of Chief Secretary has been excluded from the operation of the tenure system. There is no fixed tenure for this post. For the post of the Chief Secretary of a state, fixed tenure of three to four years has been recommended, but neither the Union Public Service Commission nor the DoPT or state governments has accepted this recommendation for the simple reason that a chief minister needs to hold the administrative reins in their hands and has received a public mandate to do so.
• Option D is incorrect. Chief Ministers of States used to retain trusted chief secretaries as advisers after retirement. Recently this trend has been observed in many states including West Bengal, Andhra Pradesh, Odisha, Maharashtra. There is no provision which states that they cannot be appointed in any office to serve the government after retirement.

• Statements 1 and 2 are incorrect. Statement 3 is correct.
• The State Finance Commission was created by the 73rd and 74th Constitutional (Amendment) Acts. SFCs were created to review the financial position of the panchayats and municipal corporations, and to make recommendations to the Governor.
• Statement 1 is incorrect. 73rd Constitutional Amendment Act (1992) makes it mandatory for the Constitution of a State Finance Commission after every five years to review the financial position of the panchayats.
• Statement 2 is incorrect. The Constitution of India does not provide for the appointment and tenure of chairperson of the State Finance Commission. It is regulated by respective state legislation.
• Statement 3 is correct. A State Finance Commission reviews the financial position of the panchayats in a state and makes recommendations to the Governor about the principles that should govern the distribution of tax proceeds. Under Article 243-I of the Indian Constitution, the governor of a state ensures the laying of a State Finance Commission’s recommendations to the table of the state legislature. It also includes a memorandum of action taken by the government on the Commission’s report.

• Statements 1 and 2 are correct. Statement 3 is incorrect.
• Statement 1 is correct. A Governor is a constitutional functionary whose office generally has a term of 5 years. However, his/her term is subject to the ‘pleasure of the President’. This means that he can be removed at any time by the President if he so wishes.
• The Supreme Court also clarified regarding this matter, that the ‘pleasure of the President’ is not justifiable, i.e. the President needn’t specify his reason for removing a governor. So, a Governor has no fixed term of office and no security of tenure.
• Statement 2 is correct. Article 356 empowers the President to declare emergency in a state known as President’s Rule if he’s convinced that there has been a breakdown of constitutional machinery in a state, and its government can no longer be carried on in accordance with the provisions of the constitution.
• The President may determine that such a situation has arrived
1. Either on the basis of a report by the Governor of that state
2. Suo motu
• Thus a report by the governor saying that there has been a breakdown of constitutional machinery in a state is not a necessary precondition for declaration of President’s Rule in that state.
• Statement 3 is incorrect. Unlike the President, the Governor of a state cannot Pardon (meaning that a person has been absolved of his crime) a death sentence. Under Article 161 of the Indian constitution, the Governor can however commute, remit, suspend or provide reprieve from a death sentence awarded under a law of the state.

• Option C is the correct answer.
• The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) is a legislation which extends the provisions of Panchayats to the Fifth Schedule Areas. Total ten States are covered under PESA. These States are: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana.
• Statement 1 and 2 is correct. Following legal powers have been given to Gram Sabha/PRIs under PESA Act:
I. Safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and the customary mode of dispute resolution.
II. Approve plans, programmes and projects for social and economic development before such plans, programmes and projects are taken up for implementation by the Panchayat at the village level.
III. Identification or selection of persons as beneficiaries under the poverty alleviation and other programmes.
IV. Certification of utilisation of funds by the Panchayat for the plans, programmes and projects for identification or selection of persons as beneficiaries under the poverty alleviation and other programmes.
V. Right to be consulted before making acquisition of land in the Scheduled Areas for development projects and before re-settling or rehabilitating persons affected by such projects in the Scheduled Areas.
VI. Right to plan and manage minor water bodies in the Scheduled Areas.
VII. Recommendations prior to grant of prospecting licence or mining lease for minor minerals and for grant of concession for the exploitation of minor minerals by auction in the Scheduled Areas.
VIII. Power to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant.
IX. Ownership of minor forest produce.
X. Power to prevent alienation of land in the Scheduled Areas and to restore any unlawfully alienated land of a Scheduled Tribe.
XI. Power to manage village markets.
XII. Power to exercise control over money lending to the Scheduled Tribes.
XIII. Power to exercise control over institutions and functionaries in all social sectors.
XIV. Power to control over local plans and resources for such plans including tribal subplans.
• Statement 3 is incorrect. PESA Act provides power to exercise control over money lending to the Scheduled Tribes (and not Scheduled castes) to the Gram Sabha.

• Statement 1 is incorrect. Statement 2 is correct.
• Statement 1 is incorrect. (Article 35(a)(i))Parliament shall have and the legislature of a state shall not have power to make laws:
• Prescribing residence as a condition for certain employments or appointments in a state or union territory or local authority or other authority (Article 16).
• Empowering courts other than the Supreme Court and the high courts to issue directions, orders and writs of all kinds for the enforcement of fundamental rights (Article 32).
• Restricting or abrogating the application of Fundamental Rights to members of armed forces, police forces, etc. (Article 33).
• Indemnifying any government servant or any other person for any act done during the operation of martial law in any area (Article 34).
• Statement 2 is correct. Article 16 provides for equality of opportunity for all citizens in matters of employment or appointment to any office under the State. No citizen can be discriminated against or be ineligible for any employment or office under the State on grounds of only religion, race, caste, sex, descent, place of birth or residence. There are three exceptions to this
General rule of equality of opportunity in public employment:
1. Parliament can prescribe residence as a condition for certain employment or appointment in a state or union territory or local authority or other authority. As the Public Employment (Requirement as to Residence) Act of 1957 expired in 1974, there is no such provision for any state except Andhra Pradesh and Telangana.
2. The State can provide for reservation of appointments or posts in favour of any backward class that is not adequately represented in the state services.
3. A law can provide that the incumbent of an office related to religious or denominational institution or a member of its governing body should belong to a particular religion or denomination.

• Both the statements are correct.
• Statement 1 is correct. The distribution of legislative powers between the Centre and the states is rigid. Consequently, the Centre cannot delegate its legislative powers to the states and a single state cannot request the Parliament to make a law on a state subject. The distribution of executive power in general follows the distribution of legislative powers. But such a rigid division in the executive sphere may lead to occasional conflicts between the two. Hence, the Constitution provides for inter-government delegation of executive functions in order to mitigate rigidity and avoid a situation of deadlock.
• Statement 2 is correct. The Constitution (Article 258) also makes a provision for the entrustment of the executive functions of the Centre to a state without the consent of that state. But, in this case, the delegation is by the Parliament and not by the president. Thus, a law made by the Parliament on the subject of the Union List can confer powers and impose duties on a state, or authorise the conferring of powers and imposition of duties by the Centre upon a state (irrespective of the consent of the state concerned). Notably, the same thing cannot be done by the state legislature.

• None of the statements are correct.
• Article 3 authorises the Parliament to:
1. form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state,
2. Increase the area of any state,
3. Diminish the area of any state,
4. Alter the boundaries of any state, and
5. Alter the name of any state.
• However, Article 3 lays down two conditions in this regard: “one, a bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President; and two, before recommending the bill, the President has to refer the same to the state legislature concerned for expressing its views within a specified period.”
• It is clear from the proviso of Article 3 that such a bill can be introduced in any House of the Parliament and the President gives a specified period(30 days is not written in the Constitution). Hence, statements 1 and 2 are incorrect.
• The President (or Parliament) is not bound by the views of the state legislature and may either accept or reject them, even if the views are received in time. Further, it is not necessary to make a fresh reference to the state legislature every time an amendment to the bill is moved and accepted in Parliament. In case of a union territory, no reference need be made to the concerned legislature to ascertain its views and the Parliament can itself take any action as it deems fit.
• Statement 3 is incorrect. The Constitution (Article 4) itself declares that laws made for admission or establishment of new states (under Article 2) and the formation of new states and alteration of areas, boundaries or names of existing states (under Articles 3) are not to be considered as amendments of the Constitution under Article 368. This means that such laws can be passed by a simple majority and by the ordinary legislative process.

• Option B is correct.
• Compulsory and voluntary provision under 73rd Amendment Act are as follows:
• Compulsory Provisions:
1. Organisation of Gram Sabha in a village or group of villages.
2. Establishment of panchayats at the village, intermediate and district levels.
3. Direct elections to all seats in panchayats at the village, intermediate and district levels.
4. Indirect elections to the post of chairperson of panchayats at the intermediate and district levels.
5. 21 years to be the minimum age for contesting elections to panchayats.
6. Reservation of seats (both members and chairpersons) for SCs and STs in panchayats at all three levels.
7. Reservation of one-third seats (both members and chairpersons) for women in panchayats at all the three levels.
8. Fixing tenure of five years for panchayats at all levels and holding fresh elections within six months in the event of supersession of any panchayat.
9. Establishment of a State Election Commission for conducting elections to the panchayats.
10. Constitution of a State Finance Commission after every five years to review the financial position of the panchayats.
• B. Voluntary Provisions:
1. Giving representation to members of the Parliament (both the Houses) and the state legislature (both the Houses) in the panchayats at different levels falling within their constituencies.
2. Providing reservation of seats (both members and chairpersons) for backward classes in panchayats at any level.
3. Granting powers and authority to the panchayats to enable them to function as institutions of self-government (in brief, making them autonomous bodies).
4. Devolution of powers and responsibilities upon panchayats to prepare plans for economic development and social justice; and to perform some or all of the 29 functions listed in the Eleventh Schedule of the Constitution.
5. Granting financial powers to the panchayats, that is, authorizing them to levy, collect and appropriate taxes, duties, tolls and fees.

• All the above are correct.
• PESA ACT OF 1996 (EXTENSION ACT):
• The provisions of Part IX of the constitution relating to the Panchayats are not applicable to the Fifth Schedule areas. However, the Parliament may extend these provisions to such areas, subject to such exceptions and modifications as it may specify. Under this provision, the Parliament has enacted the “Provisions of the Panchayats (Extension to the Scheduled Areas) Act”, 1996, popularly known as the PESA Act or the Extension Act.
• At present (2016), ten states have Fifth Schedule Areas. These are: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan. All the ten states have enacted requisite compliance legislations by amending the respective Panchayati Raj Acts.
The objectives of the PESA Act are as follows:
1. To extend the provisions of Part IX of the Constitution relating to the panchayats to the scheduled areas with certain modifications
2. To provide self-rule for the bulk of the tribal population
3. To have village governance with participatory democracy and to make the gram sabha a nucleus of all activities
4. To evolve a suitable administrative framework consistent with traditional practices
5. To safeguard and to preserve the traditions and customs of tribal communities
6. To empower panchayats at the appropriate levels with specific powers conducive to tribal requirements
7. To prevent panchayats at the higher level from assuming the powers and authority of panchayats at the lower level of the gram sabha

• All the statements are incorrect.
• Statement 1 is incorrect. It is based on the nature of relations between the national government and the regional governments. Whereas, Parliamentary and presidential form of government is based on the relation between legislature and executive.
• Statement 2 is incorrect. In Federal system constitution must be written.
• Statement 3 is incorrect: Independent judiciary is essential but it is not necessary that judges must appoint judges. In United States judge is appointed by the president.