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Zorluk: Çok zorConstitutional Bodies: Election Commission, UPSC, SPSC, CAG, and Finance Commission

With reference to the constitutional provisions governing Constitutional Bodies in India, consider the following statements:

1. The salary and other conditions of service of the Comptroller and Auditor General (CAG) of India cannot be varied to his disadvantage after his appointment.
2. A member of a State Public Service Commission (SPSC) can be removed from office by the Governor of the concerned state on the ground of misbehaviour after an inquiry by the High Court.
3. The recommendations made by the Finance Commission under Article 280 of the Constitution are advisory in nature and not legally binding on the Union Government.

Which of the statements given above is/are correct?

  1. 1 and 3 onlyCevap
  2. B
    1 and 2 only
  3. C
    2 and 3 only
  4. D
    1, 2 and 3

Cevap

1 and 3 only
The statement regarding the CAG's protection against disadvantageous variation of service conditions is accurate under Article 148(3). Similarly, the statement noting that Finance Commission recommendations under Article 280 are advisory is correct. However, the statement regarding SPSC removal is false because SPSC members can only be removed by the President (not the Governor) after an inquiry by the Supreme Court (not the High Court). Thus, the combination containing 1 and 3 only is the correct answer.

Adım Adım Çözüm

1
Evaluate Statement 1 regarding the CAG's independence safeguards.
Statement 1 is correct. Article 148(3) explicitly safeguards the CAG's independence by stipulating that the salary and other service conditions of the CAG shall not be varied to his disadvantage after his appointment.
Constitutional independence requires protection against executive pressure through post-appointment variations in service conditions.
2
Evaluate Statement 2 regarding the removal procedure for State Public Service Commission (SPSC) members.
Statement 2 is incorrect. Under Article 317, although members of an SPSC are appointed by the Governor, they can be removed from office ONLY by the President of India (not the Governor) on the ground of misbehaviour, and only after the Supreme Court (not the High Court) conducts an inquiry.
State PSC members enjoy constitutional immunity from state-level executive removal to ensure impartiality.
3
Evaluate Statement 3 regarding the nature of Finance Commission recommendations.
Statement 3 is correct. Under Article 280, the recommendations of the Finance Commission are advisory in nature and there is no legal obligation on the Union Government to implement them, though they carry strong moral authority.
The Constitution designates the Finance Commission as a quasi-judicial advisory body.

Anahtar Kavram

Constitutional Bodies: Removal Powers, Independence Safeguards, and Advisory Status
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Constitutional Bodies: Election Commission, UPSC, SPSC, CAG, and Finance Commission

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