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Constitutional Bodies 3

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Constitutional Bodies 3

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UPSC CIVIL SERVICES EXAMINATION

PRELIMS SPECIAL
PREVIOUS YEAR QUESTIONS
INDIAN POLITY
Constitutional
Bodies (Part 3)

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QUESTION 1
Q. Which one of the following duties is not performed by Comptroller and Auditor
General of India? (2001)
a) To audit and report on all expenditure from the Consolidated Fund of India
b) To audit and report on all expenditure from the Contingency Funds and Public Accounts
c) To audit and report on all trading, manufacturing, profit and loss accounts
d) To control the receipt and issue of public money and to ensure that the public revenue
is lodged in the exchequer
Answer: D

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QUESTION 1
1  The Constitution of India (Article 148) provides for an independent office of the Comptroller and Auditor General
of India (CAG). He is the head of the Indian Audit and Accounts Department.
 He is the guardian of the public purse and controls the entire financial system of the country at both the levels
the Centre and the state. His duty is to uphold the Constitution of India and laws of Parliament in the field of
financial administration.

2  The CAG is appointed by the president of India by a warrant under his hand and seal.
 He holds office for a period of six years or up to the age of 65 years, whichever is earlier. He can resign any time
from his office by addressing the resignation letter to the president. He can also be removed by the president on
same grounds and in the same manner as a judge of the Supreme Court. In other words, he can be removed by
the president on the basis of a resolution passed to that effect by both the Houses of Parliament with special
majority, either on the ground of proved misbehaviour or incapacity.

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QUESTION 1
3 The Constitution has made the following provisions to safeguard and ensure the independence of CAG:
1. He is provided with the security of tenure. He can be removed by the president only in accordance with the
procedure mentioned in the Constitution. Thus, he does not hold his office till the pleasure of the president,
though he is appointed by him.
2. He is not eligible for further office, either under the Government of India or of any state, after he ceases to hold
his office.
3. His salary and other service conditions are determined by the Parliament. His salary is equal to that of a judge of
the Supreme Court.
4. Neither his salary nor his rights in respect of leave of absence, pension or age of retirement can be altered to his
disadvantage after his appointment.
5. The conditions of service of persons serving in the Indian Audit and Accounts Department and the
administrative powers of the CAG are prescribed by the president after consultation with the CAG.
6. The administrative expenses of the office of the CAG, including all salaries, allowances and pensions of persons
serving in that office are charged upon the Consolidated Fund of India. Thus, they are not subject to the vote of
Parliament.
Further, no minister can represent the CAG in Parliament (both Houses) and no minister can be called upon to take
any responsibility for any actions done by him.

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QUESTION 1
4 The Constitution (Article 149) authorises the Parliament to prescribe the duties and powers of the CAG in relation to
the accounts of the Union and of the states and of any other authority or body. Accordingly, the Parliament enacted
the CAG’s (Duties, Powers and Conditions of Service) act, 1971.

5  The CAG submits three audit reports to the President- audit report on appropriation accounts, audit report on
finance accounts, and audit report on public undertakings. The President lays these reports before both the
Houses of Parliament. After this, the Public Accounts Committee examines them and reports its findings to the
Parliament.
 The appropriation accounts compare the actual expenditure with the expenditure sanctioned by the Parliament
through the Appropriation Act, while the finance accounts show the annual receipts and disbursements of the
Union government.

6  The role of CAG is to uphold the Constitution of India and the laws of Parliament in the field of financial
administration. The accountability of the executive (i.e., council of ministers) to the Parliament in the sphere of
financial administration is secured through audit reports of the CAG.
 The CAG is an agent of the Parliament and conducts audit of expenditure on behalf of the Parliament. Therefore,
he is responsible only to the Parliament.

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QUESTION 2
Q. In India, other than ensuring that public funds are used efficiently and for intended
purpose, what is the importance of the office of the Comptroller and Auditor General
(CAG)?
1. CAG exercises exchequer control on behalf of the Parliament when the President of India
declares national emergency/financial emergency.
2. CAG reports on the execution of projects or programmes by the ministries are discussed
by the Public Accounts Committee.
3. Information from CAG reports can be used by investigating agencies to press charges
against those who have violated the law while managing public finances.
4. While dealing with the audit and accounting of government companies, CAG has certain
judicial powers for prosecuting those who violate the law.
Which of the statements given above is/are correct? (2012)
(a)1, 3 and 4 only
(b)2 only
(c)2 and 3 only
(d)1, 2, 3 and 4
Answer: D
QUESTION 3
Q. Consider the following statements:
Attorney General of India can
1. take part in the proceedings of the Lok Sabha
2. be a member of a committee of the Lok Sabha
3. speak in the Lok Sabha
4. vote in the Lok Sabha
Which of the statements given above is/are correct? (2013)
(a) 1 only
(b) 2 and 4
(c) 1, 2 and 3
(d) 1 and 3 only
Answer: D

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QUESTION 3
1 The Constitution (Article 76) has provided for the office of the Attorney General for India. He is the highest law
officer in the country.

2  The Attorney General (AG) is appointed by the president. He must be a person who is qualified to be appointed a
judge of the Supreme Court. In other words, he must be a citizen of India and he must have been a judge of
some high court for five years or an advocate of some high court for ten years or an eminent jurist, in the opinion
of the president.
 The term of office of the AG is not fixed by the Constitution. Further, the Constitution does not contain the
procedure and grounds for his removal. He holds office during the pleasure of the president. This means that he
may be removed by the president at any time. He may also quit his office by submitting his resignation to the
president.

3 As the chief law officer of the Government of India, the duties of the AG include the following:
 To give advice to the Government of India upon such legal matters, which are referred to him by the president.
 To perform such other duties of a legal character that are assigned to him by the president.
 To discharge the functions conferred on him by the Constitution or any other law.

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QUESTION 3
4 The president has assigned the following duties to the AG
 To appear on behalf of the Government of India in all cases in the Supreme Court in which the Government of
India is concerned.
 To represent the Government of India in any reference made by the president to the Supreme Court under
Article 143 of the Constitution.
 To appear (when required by the Government of India) in any high court in any case in which the Government of
India is concerned.

5 In the performance of his official duties, the Attorney General has the right of audience in all courts in the territory
of India. Further, he has the right to speak and to take part in the proceedings of both the Houses of Parliament or
their joint sitting and any committee of the Parliament of which he may be named a member, but without a right to
vote.

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QUESTION 4
Q. Consider the following statements about the Attorney General of India: (2000)
1. He is appointed by the President of India.
2. He must have the same qualifications as are required for a judge of the Supreme Court.
3. He must be a member of either House of Parliament.
4. He must be removed by impeachment by Parliament.
Which of the above statements are correct?
a) 1 & 2
b) 1 & 3
c) 2, 3 & 4
d) 3 & 4
Answer: A

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QUESTION 5
Q. Consider the following statements
1. The advocate General of a State in India is appointed by the President of India upon the
recommendation of the Governor of the concerned state.
2. As provided in Civil Procedure Code, High Courts have original, appellate and advisory
jurisdiction at the state level.
Which of the statement (s) given above is/are correct? (2009)
(a) 1 Only
(b) 2 Only
(c) Both 1 & 2
(d) Neither 1 nor 2
Answer: D

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QUESTION 5
1  The Constitution (Article 165) has provided for the office of the advocate general for the states.
 He is the highest law officer in the state. Thus he corresponds to the Attorney General of India. The advocate
general is appointed by the governor. He must be a person who is qualified to be appointed a judge of a high
court. In other words, he must be a citizen of India and must have held a judicial office for ten years or been an
advocate of a high court for ten years.
 He holds office during the pleasure of the governor. This means that he may be removed by the governor at any
time. He may also quit his office by submitting his resignation to the governor.

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QUESTION 6
Q. Which of the following bodies does not/do not find mention in the Constitution?
(2013)
1. National Development Council
2. Planning Commission
3. Zonal Councils
Select the correct answer using the codes given below:
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer: D

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Thank You and
Happy Learning

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