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Difficulty: Very hardConstitutional Bodies: Election Commission, UPSC, SPSC, CAG, and Finance Commission

Regarding the constitutional safeguards and independence guaranteed to Constitutional Bodies under the Constitution of India, which of the following statements are correct?

  1. The Comptroller and Auditor General of India is ineligible for any further office under the Government of India or the Government of any State after demitting office.Answer
  2. The Chairman or a member of the Union Public Service Commission can be removed from office on the ground of misbehaviour only after an inquiry held by the Supreme Court of India.Answer
  3. C
    The recommendations made by the Finance Commission regarding the distribution of net proceeds of taxes are constitutionally binding upon the Union Executive.
  4. D
    The Chief Election Commissioner holds office during the pleasure of the President of India and can be removed at any time by executive order.

Answer

The correct statements are that the Comptroller and Auditor General of India is ineligible for further government office after demitting office, and that the Chairman or a member of the Union Public Service Commission can be removed for misbehaviour only after a Supreme Court inquiry.
The Comptroller and Auditor General of India is explicitly barred by Article 148(4) from holding further government office post-retirement. Additionally, Article 317(1) mandates that the Chairman or members of the UPSC can only be removed for misbehaviour following a formal inquiry and finding by the Supreme Court.

Step-by-Step Solution

1
Analyze the constitutional post-retirement eligibility of the Comptroller and Auditor General (CAG).
Under Article 148(4), the CAG is barred from any further employment under the Union or State governments to ensure independence.
Prevents executive influence through promises of future post-retirement appointments.
2
Examine the removal procedure for the Chairman and members of the Union Public Service Commission (UPSC).
Article 317(1) specifies that removal on grounds of misbehaviour requires a mandatory reference to and inquiry by the Supreme Court, whose advice is binding on the President.
Provides strict procedural security of tenure to UPSC members.
3
Evaluate the nature of Finance Commission recommendations.
Article 280 provisions establish the Finance Commission as a quasi-judicial advisory body whose recommendations are not constitutionally binding.
Fiscal autonomy allows Parliament and the Union Executive discretion over implementation.
4
Verify the removal mechanism and tenure security of the Chief Election Commissioner.
Article 324(5) safeguards the CEC from executive pleasure, requiring a parliamentary resolution passed by a special majority similar to a Supreme Court judge.
Guarantees free and fair elections without fear of arbitrary executive dismissal.

Key Concept

Constitutional Independence, Tenure Security, and Removal Safeguards of Indian Constitutional Bodies
Estimated Time:2m 0s
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Topics

Constitutional Bodies: Election Commission, UPSC, SPSC, CAG, and Finance Commission

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