Daily Quiz: UPSC Prelims Marathon – May 9, 2018

The subject of International Relations in the Constituent Assembly was addressed with deliberations on Article 51 under Directive Principles. This article provides that States shall endeavour to:

• Promote international peace and security
• Maintain just and honourable relations between nations;
• Foster respect for international law and treaty obligations in the dealings of organised peoples with one another
• Encourage settlement of international disputes by arbitration.

Articles 315-323 are regarding the composition, appointment and removal of members along with the independence, powers and functions of the UPSC.

Article 280 provides for a Finance Commission.

Article 323A deals with administrative tribunals.

Article 148 deals with CAG

Number and Term of Members of Board and its Office Bearers: The board shall consist of such number of directors as may be provided by the state legislature.3 But, the maximum number of directors of a co-operative society shall not exceed twenty-one.

The state legislature shall provide for the reservation of one seat for the Scheduled Castes or the Scheduled Tribes and two seats for women on the board of every co-operative society having members from such a category of persons. The term of office of elected members of the board and its office bearers shall be five years from the date of election.

The state legislature shall make provisions for co-option of persons having experience in the field of banking, management, finance or specialisation in any other related field, as members of the board. But, the number of such co-opted members shall not exceed two (in addition to twenty-one directors). Further, the co-opted members shall not have the right to vote in any election of the co-operative society or be eligible to be elected as office bearers of the board.

The functional directors of a co-operative society shall also be the members of the board and such members shall be excluded for the purpose of counting the total number of directors (that is, twentyone).

The Constitution (Article 4) itself declares that laws made for admission or establishment of new states (under Article 2) and 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.

It is thus clear that the Constitution authori-ses the Parliament to form new states or alter the areas, boundaries or names of the existing states without their consent. In other words, the Parliament can redraw the political map of India according to its will. Hence, the territorial integrity or continued existence of any state is not guaranteed by the Constitution. Therefore, India is rightly described as ‘an indestructible union of destructible states’. The Union government can destroy the states whereas the state governments cannot destroy the Union.

Governors of the states, Attorney General of India, Civil Sevices Personal, Council of Ministers and Prime Minister hold the office during pleasure of President.The chairman and members of UPSC do not hold office during pleasure of President, infact they hold a fixed tenure.CAG is appointed by President and removed from Office in a manner and on grounds like Judge of Supreme Court.

Articles 243 (I) and 243 (Y) of the Constitution spelt out the task of  state finance commission (SFCs). Accordingly, SFCs are required to recommend (a) the principles that should govern the distribution between the State on the one hand and the local bodies on the other of the net proceeds of taxes, etc. leviable by the state and the inter-se allocation between different panchayats and municipalities, (b) the determination of taxes, duties, tolls and fees which may be assigned to, or appropriated by the local bodies, and (c) grants-in-aid from the consolidated fund of the State to the local bodies. SFCs are also required to suggest the measures needed to improve the financial position of the panchayats and municipalities. The importance of the SFCs in the scheme of fiscal decentralization is that besides arbitrating on the claims to resources by the state government and the local bodies, their recommendations would impart greater stability and predictability to the transfer mechanism.

So far, three SFCs have submitted their reports in most of the States. These cover different time period. The convention established at the national level of accepting the principal recommendations of the central finance commission without modification, is not being followed in the states. Often, even the accepted recommendations are not fully implemented due to resource constraints. There is no synchronization of the periods covered by the reports of SFCs with that of the central finance commission, which affects the central finance commission in assessing the resource required to state governments to supplement the resources of the panchayats and municipalities.

In Assam, Zila Parishad are at the subdivision  level. At district level it is Mohkuma Council. Mandal Praja Parishad  is at Block level in Andhra Pradesh. Meghalaya has Tribal Counccils and no Panchayati Raj due to tribal culture. In Mizoram, there are no village Panchayats due to distinct diversity.