STATEMENT 2 IS INCORRECT. The Governor can also remove the State Chief Information Commissioner or any State Information Commissioner on the ground of proved misbehaviour or incapacity. However, in these cases, the Governor has to refer the matter to the Supreme Court for an enquiry. If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, then the Governor can remove him.
EXPLANATION- The Right to Information Act of 2005 provides for the creation of not only the Central Information Commission but also a State Information Commission at the state level.
The Governor can remove the State Chief Information Commissioner or any State Information
Commissioner from the office under the following circumstances
(a) if he is adjudged an insolvent; or
(b) if he has been convicted of an offence which (in the opinion of the Governor) involves a moral turpitude;
or
(c) if he engages during his term of office in any paid employment outside the duties of his office; or
(d) if he is (in the opinion of the Governor) unfit to continue in office due to infirmity of mind or body; or
(e) if he has acquired such financial or other interest as is likely to affect prejudicially his official functions.
 In addition to these, the Governor can also remove the State Chief Information Commissioner or any State Information Commissioner on the ground of proved misbehaviour or incapacity. However, in these cases, the Governor has to refer the matter to the Supreme Court for an enquiry. If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, then the Governor can remove him.
 The Commission submits an annual report to the State Government on the implementation of the provisions of the Act. The State Government places this report before the State Legislature.

Interactive Question

Theme: Local self Government/Panchayati Raj

-Every state shall constitute at the district level, a district planning committee to consolidate the plans prepared by panchayats and municipalities in the district, and to prepare a draft development plan for the district as a whole.

-The act lays down that four-fifths of the members of a district planning committee should be elected by the elected members of the district panchayat and municipalities in the district from amongst themselves.

-The chairperson of such committee shall forward the development plan to the state government. Hence, DPC forwards its plan directly to the state government rather than submitting to MPC.

Tikdams: Both DPC and MPC are autonomous and parallel bodies and hence no way DPC will it submit its plan to MPC. Hence 2 is wrong.

[Source: Chapter 35: Indian Polity: M Laxmikanth]

In addition to the AG, there are other law officers of the Government of India. They are the solicitor general of India and additional solicitor general of India. They assist the AG in the fulfilment of his official responsibilities. It should be noted here that only the office of the AG is created by the Constitution. In other words, Article 76 does not mention about the solicitor general and additional solicitor general.

-The Solicitor General of India is appointed for the period of 3 years.

Solicitor general is not a member of the Central cabinet. There is a separate law minister in the Central cabinet to look after legal matters at the government level

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. Thus, a JSPSC is a statutory and not a constitutional body. They hold office for a term of six years or until they attain the age of 62 years, whichever is earlier. The UPSC can also serve the needs of a state on the request of the state governor and with the approval of the President.

– The choice of the state for official language is not limited to the languages in the Eighth Schedule of the Constitution only.

-The official Language act also enables the governor of a state, with the previous consent of the president, to authorize the use of Hindi or any other official language of the state for judgments, decrees and orders passed by the high court of the state but they should be accompanied by an English translation.

-In 1971, a petitioner insisted on arguing in Hindi a habeas corpus petition in the Supreme Court. But, the Court cancelled his petition on the ground that the language of the Court was English and allowing Hindi would be unconstitutional.

Tikdam: Be careful of words such as only, all, and other extreme words.The choice of the state for official language is not limited to the languages in the Eighth Schedule of the Constitution

No qualifications are prescribed for the Commission¥s membership except that one-half of the members of the Commission should be such persons who have held office for at least ten years either under the Government of India or under the government of a state. The Constitution also authorises the president to determine the conditions of service of the chairman and other members of the Commission.

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

-According to Article 310, members of the defence services, the civil services of the Centre and the all-India services or persons holding military posts or civil posts under the Centre, hold office during the pleasure of the president.

-Similarly, members of the civil services of a state or persons holding civil posts under a state, hold office during the pleasure of the governor of the state.

-The president or the governor may (in order to secure the services of a person having special qualifications) provide for the payment of compensation to him in two cases: (i) if the post is abolished before the expiration of the contractual period, or (ii) if he is required to vacate that post for reasons not connected with misconduct on his part.

1.In addition to this legal and regulatory audit, the CAG can also conduct the propriety audit, that is, he can look into the Ówisdom, faithfulness and economy¥ of government expenditure and comment on the wastefulness and extravagance of such expenditure. However, unlike the legal and regulatory audit, which is obligatory on the part of the CAG, the propriety audit is discretionary.

2. The CAG has no power to audit secret service expenditure as declared by Govt or Parliament. He has to be satisfied only certificate given by competent authority. In this regard, the CAG cannot call for particulars of expenditure incurred by the executive agencies, but has to accept a certificate from the competent administrative authority that the expenditure has been so incurred under his authority.

The CVC has to present annually to the President a report on its performance. Originally the CVC was neither a constitutional body nor a statutory body. But in September 2003, the Parliament enacted a law conferring statutory status on the CVC. They hold office for a term of four years or until they attain the age of sixty five years, whichever is earlier. After their tenure, they are not eligible for further employment under the Central or a state government.

The Commission has the power to secure compliance of its decisions from the public authority. The Commission can order inquiry into any matter if there are reasonable grounds (Suo-moto power).

The salary, allowances and other service conditions of the Chief Information Commissioner are similar to those of the Chief Election Commissioner and that of the Information Commissioner are similar to those of an Election Commissioner.

-The Finance Commission is a constitutional body but quasi-judicial in nature.

-The Constitution authorizes the Parliament (Not President) to determine the qualifications of members of the Commission and the manner in which they should be selected.

-The beneficiary states do not possess a legal right to receive the money recommended to be offered to them by the Commission ( It is non- binding on the government).

-There is NO legal warrant for excluding from the scope of the Finance Commission from capital grants. The reference in Article 275 to grants-in-aid to the revenues of states is not confined to revenue expenditure only.

Although the chairman and members of a SPSC are
appointed by the governor, they can be removed only by the president (and not
by the governor).

The Constitution does not specify the strength of the
Commission but has left the matter to the discretion of the Governor

Until Parliament provides otherwise, the following are to be in the English language only:

(a) All proceedings in the Supreme Court and in every high court.

(b) The authoritative texts of all bills, acts, ordinances, orders, rules, regulations and byelaws at the Central and state levels4.

2. However, the governor of a state, with the previous consent of the president, can authorise the use of Hindi or any other official language of the state, in the proceedings in the high court of the state, but not with respect to the judgements, decrees and orders passed by it. In other words, the judgements, decrees and orders of the high court must continue to be in English only (until Parliament otherwise provides).

3. Similarly, a state legislature can prescribe the use of any language (other than English) with respect to bills, acts, ordinances, orders, rules, regulations or bye-laws, but a translation of the same in the English language is to be published.

-While 323A contemplates establishment of tribunals for public service matters only, Article 323B contemplates establishment of tribunals for certain other matters such as taxation, land reforms etc.

-While Tribunals under 323B can be established both by parliament and state legislatures, tribunals under 323A can be established only by the Parliament.

-Statement 3 is correct.

-All the statements are correct.

-The Election Commission normally announces the schedule of elections in a major press conference a few weeks before the formal process is set in motion. The Model Code of Conduct comes immediately into effect after such announcement.

-The ECI issues an appropriate notification for the due constitution of the House. With this, the process of elections is complete and the President, in case of the Lok Sabha, can then convene the house to hold its sessions. The Governors of the concerned states, in case of State Assemblies, convene the sessions. Hence, both the statements are wrong.

-NHRC has four ex-officio members the chairman of the
National Commission for Minorities, the National Commission for SCs, the
National Commission for STs and the National Commission for Women

These have been in the news becuase of delayed appointments and leader of opposition controversy.
CVC – PM HM LOO
CIC – President on the reco of PM+Any Cab Minin + LOO of LS
NHRC – President on the recommendation of 6 member committee with PM, HM, LOO of both houses, speaker of LH & dy chairman of RS

Duration of tenures is very different – 4 years or 65 years, 5 years or 65 years and 5 years or 70 years respectively.

Compulsory Acquisition by Law

-The Parliament as well as the state legislatures are empowered to make laws for the compulsory acquisition and requisitioning of private property by the governments.

-Further, the 44th Amendment Act (1978) has also abolished the constitutional obligation to pay compensation in this regard except

in two cases: (a) when the government acquires the property of a minority educational institution; and

(b) when the government acquires the land held by a person under his personal cultivation and the land is within the statutory ceiling limits

Tikdam:If it was so, all the private land which is acquired by government for various purposes would have to be compensated for. This is very absurd. So, 2 is definitely wrong.

The president and the governors cannot be sued during the term of their office or thereafter, for any act done by them in the exercise and performance of their official powers and duties. However, the official conduct of the president can be reviewed by a court, tribunal or any other body authorised by either House of Parliament to investigate charges for impeachment.

No criminal proceedings can be started against the president and the governors in respect of their personal acts nor can they be arrested or imprisoned. This immunity is limited to the period of the term of their office only and does not extend beyond that. However, civil proceedings can be started against them during their term of office in respect of their personal acts after giving two months advance notice.