0:01 Hello and welcome to ANA Academy, a one-stop destination for the English medium civil services aspirants. In my previous video, we have covered all the nonconstitutional bodies and as I promised here in this video, we will cover all the constitutional bodies strictly according to the requirements of the prelims examination. Nothing more, nothing less. Which means we will not analyze these bodies. For example, election commission of India. What is the controversy? What is their credibility? How should the appointments take place? We will not take the analysis route. We will focus on strict facts and concepts relevant
0:48 for the prelims examination because the analysis part is relevant for the mains examination. This is a very important video for your prelims examination. So please stay with me till the end. The PDF of the session will be available on my telegram channel. The link to join that channel is provided in the video description. That's number one. Number two, an update. Coming Sunday we will have a marathon session polity in one shot for the prelims examination. So stay with me for the marathon session. Again few weeks left for the prelims examination. This is the time for revision taking as many mocks as possible. Should you wish and let me know in the comment section. Should you
1:33 wish to attempt 100 top quality prelims oriented questions of UPSC standard prepared by me personally, do let me know in the comment section and I promise I will come up with a live session where you will attempt 100 top quality UPSC standard questions prepared by me. If you want it, let me know in the comment section and like this video. Subscribe to our channel if you haven't yet and let's get started and analyze all the constitutional bodies in one video. But before we start, if you're targeting CSE 2027 or beyond and should you wish to prepare with us for GS, seesat optionals, test series, weekly
2:21 tests, prelims test series, mains test series, current affairs. Long story short, one comprehensive program covering all aspects of the civil services examination. You can join this team because right now the subscription is available at 19LE9. Use this code is English and automatically the lowest subscription fee will be made available for you and India's biggest educator for economy Shamsar has come up with a free economy course on an academy platinum. This course started yesterday but you can start attending these classes from today. Link is provided in the video description. Shamsir will teach you NCERTs
3:08 demonstrate how NCERTs should be read strictly according to the requirements of this examination. So please attend this session if you are targeting CSE 2027 or beyond. If you are attempting prelims in May then please do not attend these sessions. Clear? Let's look at constitutional body number one, Attorney General for India. Remember, it is not attorney general of India. It is attorney general for India. And if you know what is the difference between attorney general of India and attorney general for India, do let me know in the comment section. This is going to be your exercise, your assignment for today. Article 76 of the constitution talks
3:55 about attorney general for India. Integral part of union executive. Union executive consists of president, vice president, prime minister, council of ministers, attorney general for India. But attorney general for India is part of the union executive. Attorney General for India is not part of the union cabinet. That distinction is very important. This individual is the highest law officer in the country. According to that the president, this is what the constitution says. The president has assigned to the attorney general for India the duty to appear on behalf of the government of
4:41 India in all cases where the government of India is concerned and to represent government of India in any reference made by the president to the Supreme Court under article 143. What does that mean? Listen to me carefully. You have a case in a court. The lawyer is representing you. The biggest litigant is the union government in India against whom cases are filed and union government files cases in the court. Now who will represent the union government in all these cases? That individual is a constitutional authority known as attorney general for India. But something else and this is where it becomes important for your upcoming exams. Article 143 presidential reference where the president may refer
5:27 any matter to the Supreme Court asking the views of the Supreme Court on that matter. That's what we call presidential reference under article 143 recently in Tamil Nadu case. This was invoked by the president after a hiatus of many years. So this presidential reference becomes important. Constitution says this presidential reference will be heard by the Supreme Court. Minimum there should be five judges hearing this case. Right? But when the court will hear this presidential reference, who will come up and explain the position of the union government will represent the union government? When this presidential reference is being heard in the Supreme Court, that individual also is the attorney general for India. Who appoints
6:14 this attorney general? President. But what is the qualification for this individual to be appointed as the attorney general for India? You should be qualified to be appointed as the judge of the Supreme Court. Now listen to me carefully. Can a sitting judge of the Supreme Court be appointed as the attorney general for India? No. Why? Because that would violate the separation of powers. Because separation of powers in Indian context means separation of executive and judiciary. Attorney General is part of the union executive. Supreme Court judge is part of the judiciary. Separation of powers has to take place. That is why a sitting judge cannot be appointed as the attorney general for India. And apart from that, there is a conflict of
7:00 interest, right? Because the same judge will have to hear the case against the union government and union government is represented by the attorney general for India. But you should be qualified to be appointed as the judge of the Supreme Court. What is the qualification for a judge of the Supreme Court? You have to be the citizen of India. You shall be the citizen of India and you should be a high court judge of one or more high courts for 5 years. If not citizen of India and a practicing advocate in one or more high courts for 10 years. If not then a citizen of India and in the eyes of the president of India in the opinion of the president of India you should be a distinguished jurist. Which means this attorney general appointed by the president, this particular individual
7:47 should be the citizen of India and should have been practicing in one or more high courts for 10 years or in the eyes of the president, you should be a distinguished jurist. But listen to me carefully. There is a retirement age for a Supreme Court judge which is 65 because the judge of the Supreme Court holds office till he or she attains the age of 65. But that age limit does not apply to attorney general. That is why previously we have had an attorney general Mr. KK Wenugal who was beyond 90 years of age. Right now also Mr. Wenard Ramy is not below 65 years of age which means the age limit of 65 which is the retirement age for the judge of the Supreme Court it does not apply to attorney general
8:32 for India. And as I told you this attorney general is an integral part of the union executive but he is not a part of the cabinet. He is not the member of the cabinet. Plus is there a tenure prescribed by the constitution for the attorney general for India? No. Normally you are appointed for a term of 3 years but at any point in time you can be removed which means you are in office during the pledger of the president. As long as the president is satisfied with you which means the prime minister is satisfied with you you can continue to remain in office. So the president appoints attorney general and there is no tenure mentioned in the constitution which
9:18 means you hold office during the pleasure of the president and attorney general is appointed by the president but this is not the discretionary power of the president. It's not that the president can appoint anyone as the attorney general. This is done on the advice of the prime minister on the advice of the government. Remuneration of the attorney general is determined by decided by president. This is very important. Who will decide the remuneration? Is it parliament or president? These are trap points of the UPSC. You have to be absolutely sure who gets to decide the remuneration of the attorney general. That is available with the president not the parliament. One more thing there are certain privileges
10:06 available to the attorney general. One privilege is you have the right of audience in all courts in the territory of India. Which means what? There is a case being heard in the Supreme Court. Let's suppose I am a lawyer. I am an advocate practicing in the Supreme Court. Can I enter the court premises and ask the judges hearing this case that please listen to me? Listen to my side of the story. The court will ask me what is your locust standard? Are you representing a client? What is your connection with this case? If there is no connection, I won't hear you. But what if I'm the attorney general for India? I walk in, the courts will have to hear me because I have a privilege because I'm the attorney general for India. I have the right of audience in
10:52 all courts within the territory of India. In any court I enter, if I have something to say, the courts are bound to hear me. That's the privilege. Plus can attorney general attend the proceedings of the parliament? Yes, but you are not the member of the parliament. So what? That's the privilege assigned to you. You can attend the proceedings of the parliament. You can speak in the parliament. You can become a member of any parliamentary committee. The only thing that you cannot possess is the right to vote because you're not a member. But can you speak in parliament? Can you attend the proceedings of the parliament? Can you even become the member of a committee? Yes, but you do not have right to vote. And he enjoys
11:38 all the privileges and immunities that are available to the members of the parliament under article 105. What are these privileges? For example, a member of the parliament cannot be held accountable in any court of law for whatever you have said inside the parliament or any vote that you have given in the parliament. Same privilege applies to attorney general. But attorney general does not have the right to vote. Which means whatever attorney general says in the parliament for that he cannot be held liable in any court of law because that's the privilege available with the attorney general for India. Not just that attorney general is not barred from private practice. So there's a government doctor maybe once the daily
12:25 routine is over the daily job routine is over they resort to private practice. Similarly attorney general for India is not barred from taking private practice. You can take up private cases as well. Which are these private cases? Attorney general has to defend the union government in the courts. But apart from that can you defend a common person? Can you defend someone else? A business client? Yes, provided the other party is not the Union of India. You can also defend accused in criminal cases. But this time you have to seek the permission of the government of India. You are not the you are not treated as the government servant which means you are not an employee of the government.
13:13 You are not a government servant and as such prevention of the corruption act does not apply on you. But listen to me carefully. I am the attorney general. Can I give advice to any department or any ministry or any statutory body? Yes, I can. But this request has to come from ministry of law and justice. Department of legal affairs is a department within the ministry of law and justice. All these proposals have to be routed through the ministry. That means I as the attorney general I can advise any ministry but not directly. This request has to come from ministry of law and justice. This is a very important fact for your prelims
13:58 examination. But can the same individual represent the union government in all cases? You need more hands to assist the attorney general and for that we have solicitor general and additional solicitor general. There can be many additional solicitor generals. There can be one solicitor general of India depends upon the number of cases related to the government of India. That means it's the government of India which gets to decide how many additional solicitor general or who is going to be the solicitor general of India. But remember these are not constitutional posts. Constitutional post is attorney general for India. and to assist attorney
14:43 general. We may have a solicitor general. We may have multiple many additional solicitor generals. This is topic number one. Topic number two, advocate general of the state, attorney general for India, advocate general of the state. Similarly, when state government files a case or against the state government a case is filed, who will represent the state government in the courts, that institution individual is the advocate general of the state? Where is it mentioned in the constitution? Regarding this post, what makes this post a constitutional post? Article 165. Who appoints the advocate general? The
15:29 governor. But is it the discretionary power of the governor in the sense the governor can appoint anyone as the advocate general? No. The governor appoints me as the advocate general if my name is suggested recommended by the chief minister which means the government of the day. But you hold office during the pledger of the president, pleasure of the governor in case of advocate general of the state, pleasure of the president in case of attorney general for India. But in order to be appointed as the attorney general for India, you should be a citizen of India and qualified to be appointed as the judge of the Supreme Court. In case of the advocate general of the state,
16:16 you should be the citizen of India qualified to be appointed as the judge of a high court which means citizen of India and you must be holding a judicial office for 10 years. Citizen of India, you must have been practicing in one or more high courts for 10 years. There is no concept of distinguished jurist when it comes to a high court judge. Does that mean a sitting high court judge can be appointed as the advocate general of the state? No. Because that would violate separation of powers. Anyone qualified to be appointed as the judge of a high court becomes qualified to be appointed as the advocate general of the state. But then there is a convention. Convention is whenever there is a change in the government, advocate
17:02 general resigns. But there's a convention. Are you bound to resign? No. But do you resign? Yes. According to the convention, after all, these are political appointees. This is a political appointment. These are political appointees. Which means the advocate general of West Bengal, Tamil Nadu, Kerala, they will have to resign. Why? Because now there is a change in the government in these states. But that's a convention. You are not bound to resign. But you should resign according to the convention because now there is a change in the government. And whatever privilege immunity is available to the members of the state legislature, those privileges are available to advocate general of that state as well. Which means you can
17:48 attend the proceedings of the legislature. You can participate in the proceedings, speak, become a member of any uh legislative committee without right to vote and you have the right of audience in all the courts within the territory of that state. That's the advocate general of the state. And in states we have additional advocate general. We have deputy advocate general. But those are not constitutional posts. The constitutional post is advocate general of the state under article 165. Constitutional body number three. Article 324 establishes a constitutional body called election commission of India.
18:34 Superintendence direction conduct control of all the elections whether it is Lok Sabha, Raja Sabha, legislative assembly, legislative council, president, vice president's election, all these elections, their superintendence direction conduct control is vested with a constitutional body called election commission of India. But what is the composition of election commission of India? Listen to me carefully. Constitution says election commission of India consists of chief election commissioner and as many election commissioners as may be appointed by the president. Now listen to me very carefully. What is
19:19 the composition of the election commission of India? It consists of a chief election commissioner and as many election commissioners as may be appointed by the president. But how these appointments will take place for that there should have been a law enacted by the parliament. But such a law was not enacted. Although there was a law which was enacted in 1991 and I will speak about that law slightly later but listen to me carefully. Constitution says there shall be chief election commissioner and as many election commissioners as may be appointed by the president. Which means this CEC and all these election commissioners are appointed by
20:06 president. Although constitution said how these appointments will take place for that there should be a law but this law was not passed which means the president would appoint election commissioners and chief election commissioner on the recommendation of the prime minister which means the government of the day the union government but the role of the election commission is what to organize free and fair elections and free and fair election is part of the basic structure of the constitution how you are supposed to act like a neutral umpire to preside over the elections to organize the elections so that you are not biased in favor of one party or the other. But if your name is suggested
20:51 recommended to the president by the prime minister which means the party in power at the union level at the center how can we expect that this body will organize free and fair elections? Matter went to the court. The case was Anup Baranwal v. Union of India 2023. Supreme Court a constitution bench of the Supreme Court said this current system of appointments violates article 14 violates free and fair election and as such this is not the correct way of appointing the election commissioners and the chief election commissioner. How does this process of appointment violate article 14? Right to equality. You need
21:38 to understand that right to equality includes right against arbitrariness. And what is that right against arbitrariness? For example, for example, I say whoever watches my video 10 times, I will be able to resolve all their doubts. But whoever watches my video only once, I am not going to entertain any doubt. I am creating a distinction between those who watch my video only once and those who watch my video 10 times. This is arbitrary without any logic. Instead I should have said if you are an engineering graduate and you have attended my video watch my video I will be able to answer five questions because
22:25 you are a poor engineering student who studies one night before the exam even then the concepts are not clear. So you will have five questions. I will answer them. But if you are somebody from a law background, I will only respond to one of your doubts because you have utmost clarity. You have had a law degree. You may just need to brush up some concepts. I will be able to entertain only one doubt. I am creating a distinction between one student and another student. But based on some solid reasoning, it is not arbitrary distinction. But if the president appoints CEC and election commissioners based on the recommendation of the prime minister which means the party in power at the center, how can then we ensure free and fair elections? Because maybe these
23:10 individuals are biased against the opposition and biased in favor of the ruling party and that is why it is arbitrary and that is why the Supreme Court said till the time this law is enacted these appointments will be made by the president based on the recommendations of a committee which will consist of prime minister, leader of the opposition in the Lok Sabha and the chief justice of India. Together we will come together. Together we will decide who should be the CEC and who should be the election commissioners. This law was supposed to be enacted by the parliament but it was not enacted which means there is a void. The absence of a law. Absence of a law
23:55 is also a ground for declaring these appointments as violative of free and fair elections because there has to be a law. This law which was not enacted for many decades since the commencement of the constitution immediately after this Anu Baranwal verdict. This law was enacted the chief election commissioner and other election commissioners appointment conditions of service and term of office act 2023. Let's now focus on this act. This act replaces the 1991 act. Sir, what was that act? You said that such a law was not enacted. A law was enacted in 1991. What was that law? Previously,
24:41 if we read the constitution, it says election commission of India will consist of chief election commissioner and as many election commissioners as may be appointed by the president. Initially we only had a chief election commissioner. Election commissioners were not appointed. 1989 two election commissioners were appointed but later they were removed. Then in 1991 the law was passed and it is this law which says that there shall be a chief election commissioner and not more than four election commissioners. Not more than four which means we can have less than four. Right now we have a chief election commissioner and two election commissioners. But this law
25:26 only spoke of conditions of service term of office. This law spoke about these ECS the chief election commissioner will have a tenure of 6 years. They will remain in office till the age of 65. Their salary will be same as that of the judge of the Supreme Court. This is something term of office. Conditions of service was mentioned in this 1991 law. But how they will be appointed this was not covered in the 1991 law. And that is why this 1991 law has now been replaced by 2023 law because this 2023 law also talks about appointment. And what is this appointment? Now the CC
26:12 and election commissioners will be appointed by the president but upon the recommendation of a selection committee. Who will be part of the selection committee? It will consist up of prime minister, leader of the opposition in the Lok Sabha and a union minister nominated by the prime minister. Which means you don't have to be necessarily a home minister to be part of the selection committee. Any union minister, cabinet minister nominated by the prime minister will be a member of the selection committee. Which means CJI has now been replaced by a cabinet minister nominated by the prime minister. Right? Recommendation of this selection committee will be valid even if there is
26:57 a vacancy in the committee. What does that mean? If tomorrow there is no leader of the opposition in the Lok Sabha considering the way the people are voting this time maybe there is no opposition. Does that mean necessarily we should have a leader of the opposition in the Lok Sabha to be part of the selection committee? No. Which means we can have prime minister and a union minister nominated by the prime minister. They will be part of the selection committee and they will recommend to the president who should be the CC and the election commissioners. But then you will say sir this system goes back to the system that we had prior to Anub Baron's judgment. Yes, that is why there is a case filed in the court Dr. Jayat Takur V. Union of India. Whether this law violates the
27:45 spirit of the Anu Baranwal judgment, whether the removal of the CGI from this selection committee is constitutional or not, that we will have to wait and watch what the judgment will be given by the court. But this is the composition. But how? First, we need to establish a search committee. What is the search committee? There is going to be a vacancy in the election commission. For example, chief election commissioner is going to retire. Two other election commissioners may their term may be over and I'll tell you what their term is. We need to find alternatives, new appointments. Search committee which will be headed by the union minister of law and justice. This search committee which means they will search for suitable candidates who can be appointed
28:31 as the CEC or election commissioners. And they will come up with the search committee will come up with five names and these five names will be dis discussed in the selection committee meeting and whatever they recommend will be sent to the president and president is bound to appoint them. But now listen to me carefully. Some of you may have this doubt sir this surge committee is headed by the cabinet secretary. Sir, the status of the jud status of the CEC and election commissioners is the same as that of the cabinet secretary. That is something that we have read somewhere. But that's not true. Initially when this bill was introduced in the parliament, this bill said that the salary and the status of the CEC and
29:18 election commissioners would be same as that of the cabinet secretary and the search committee will be headed by the cabinet secretary. But then there was hue and cry pandemonium in the parliament. The government was accused of demeaning this constitutional body right by equating the status and salary of the CEC and election commissioners with that of the cabinet secretary. That is why this bill was later amended. And now the CEC and election commissioners will have the same status and salary as that of the Supreme Court judge. and the search committee will be headed by the Union Minister of Law and Justice, not the cabinet secretary. And they will come up with five names. These five names will be discussed in this selection committee meeting and
30:04 ultimately recommended to the president who this individual is going to be, who is the new CEC or the new election commissioners. But listen to me carefully. Can the search selection committee discuss only the names which are provided to it by the search committee or can they discuss names other than those recommended by the search committee finalized by the search committee? Yes. Which means what? This is how you can remember this. Five names have been decided by the search committee. Now these names are given to the prime minister, leader of the opposition and a union cabinet minister nominated by the prime minister. Maybe the leader of the opposition will go through all these names, analyze pros and cons and
30:51 ultimately will make up his mind whether I need to support them or I need to oppose their appointment. And now when the meeting takes place these five names are to be discussed but the prime minister and union minister will say no we will discuss the sixth name as well seventh name as well eighth name as well even if you were not shortlisted by the search committee. The leader of the opposition will say but how can you discuss any other name which is not suggested selected shortlisted by the search committee. They will point out to a law and the law says the selection committee can discuss can select can recommend any other name even if it is not shortlisted by the search committee.
31:37 These are important facts relevant for your prelims examination. But what is the eligibility? Who can be appointed as the CEC and election commissioners? This is mentioned where not in the constitution but in this 2023 law. What is the qualification? In order to be appointed as the CC or election commissioners, you should be the persons of integrity. For example, Mr. Ganesh Kumar, you are eligible to be appointed as the CEC. You should have knowledge and experience in the management and conduct of elections or you have been the secretary or equivalent to the government which means more often than not these are the IS officers selected as the appointed as the CEC and
32:24 election commissioners which is another uh motivation for you to crack this examination become I secretary to the government and then you will become eligible to be appointed as the CEC or election commissioners. What's the term? You will hold office till the age of 65 or 6 years whichever is earlier. I don't have to explain it further because we have explained it in the previous video. Which means for example my age is 40. I am appointed as the election commissioner. I will remain in office till the age of 65 or 6 years whichever is earlier. Which means at the age of 40 if I am appointed as the election commissioner. Does that mean that for the next 25 years I will remain the election commissioner? No. 65
33:12 years of age or 6 years at the election commission. Whatever comes first that will be your tenure. Which means if my age is 63. Does that mean I will remain in office for 6 years which means till the age of 69 or 2 years till the age of 65? Does 6 year come first or 65 years of age? 65 years age comes first which means you are holding office in the election commission till the age of 65 or 6 years whichever is earlier. Can the CEC be reappointed as the CEC? No. Can the election commissioner will be reappointed as the election commissioner? No. But can the election commissioner be appointed as the CEC?
33:59 Yes. But your combined term has to be six years not more than six years. Which means if I was election commissioner for 3 years now I am appointed as the CEC does that mean since the CEC term is 6 years I will continue to be in the election commission for 9 years? No. I will remain CEC for three more years so that my combined term at the election commission is not more than six years. How are these individuals removed? Constitution says that this chief election commissioner will be removed in the same manner and on the like grounds as the judge of the Supreme Court. How is the judge of the Supreme Court
34:45 removed? by the president based on the recommendation based on the resolution passed by both houses of the Indian parliament by special majority on what grounds prude misbehavior and incapacity how is this process defined under the judges inquiry act of 1968 same process is to be followed if you have to remove the chief election commissioner and this time it becomes important because for two times twice the opposition has tried to remove the chief election commissioner Mr. Ganesh Kumar and the process is same as that of the judge of the Supreme Court which means opposition will have to introduce a motion a proposal in either Lok Sabha or Rajya
35:31 Sabha. 50 MPs are required in Rajya Sabha. 100 MPs are required in Lok Sabha. Then the speaker or the chairman will have the discretion to either admit this motion or reject this motion. If the motion is admitted then a three-member committee is to be set up so that this three-member committee will decide investigate inquire whether the charges of prude misbehavior or incapacity have been proven and basis that there will be voting in the parliament and if this voting takes place by special majority which means majority of the total membership of the house and majority of the twoth3 members present in voting then it becomes binding on the president to remove the CEC because this becomes a statutory
36:17 resolution. But this is how the CEC is removed. How about the election commissioners? Election commissioners do not have the same security of tenure as the chief election commissioner. Election commissioners are removed by the president based on the recommendation of the CEC only upon the recommendation of the CEC. That means election commissioners are not removed just like the CEC is removed just like the judge of the Supreme Court is removed. They are removed only upon the recommendation of the CEC. Clear? Done. Let's move ahead and look at constitutional body number four controller and the auditor general of India. Dr. Ambedkar was asked who do you
37:03 think is the most important office under the constitution? He said the CAG article 148 says there shall be a controller and auditor general of India which means this post this constitutional post is a necessity. You cannot have the system without the CAG. And the CAG is appointed by president by warrant under his hand and seal. Which means this power of appointing CAG cannot be delegated by the president to any other authority. President will have to appoint the CAG by warrant under his hand and seal and he will be removed in the same manner as the judge of the Supreme Court. which means the CAG under
37:51 article 148 appointed by the president removed by the president in the same manner and on the like grounds as the judge of the supreme court but as soon as you are appointed before you enter into office you have to be administered oath by the president of India and what does that oath talk about listen to me carefully the oath of the chief justice of India the oath oath of the judges of the Supreme Court and the oath of the CAG same under third schedule of the constitution. I swear in the name of God that I will bear true faith and allegiance blah blah blah. But most important point is chief justice, judges of the Supreme Court, the CAG
38:37 they take the oath that they will uphold the constitution. President takes the oath to defend the constitution. CAG takes the oath to uphold the constitution. That distinction is very important. But once you are appointed, your salary, your conditions of service cannot be varied to your disadvantage. This is to ensure independence of the office of the CAG. And more importantly, the CAG shall not be eligible for further office. Can the chief election commissioner be appointed after the term is over as the governor of a state? Yes. Can they contest Raja Sabha elections?
39:22 Yes. Lok Sabha elections? Yes. Can they become the vice president or the president? Yes. Can they be sent as the envoys to different countries? Yes. But the CAG is such an important office. According to Dr. Dr. the most important office under the constitution that you shall not be eligible for further office any other office either under the government of India or government of a state you are not eligible which means you can't cont you can't become the president vice president governors no and such is the important office that expenses such as the salary allowances including pensions of not only the CAG but any other person who is working in
40:08 the office of the CAG. All these expenses shall be charged upon the consolidated fund of India which means not votable by Lok Sabha but yes Parliament can discuss these charges this expenditure but parliament does not have the right to vote on these expenses. While the salary allowances, pensions of the CEC and election commissioners, they are not charged on the consolidated fund of India. But CAGs charged on the consolidated fund of India. What CAG basically does whatever expenses are made by the government, the union government, the CAG audits.
40:54 One is the legal audit, the other is the performance audit. There are various other types but broadly these two. Legal audit, performance audit. Legal audit in the sense the government was given money by the parliament that you spend 1 lak rupees for trouble. CAG will conduct the legal audit and say if one lakh was given to you whether you have spent one lakh or not whether you have spent it on travel or not or only travel or something else so that you're not misusing the money which is given to you by the legislature but performance audit would be okay you are traveling but this
41:39 was not required at all what was the purpose what did you gain by traveling you have defeated the purpose there was no need for you to trouble. Why did you travel and spend 1 lakh rupees? Whether CAG will conduct this legal audit or performance audit, who will decide that? That CAG will decide. Who says this? Supreme Court. Supreme Court has said CAG is such an important office that it will get to decide on its own what sort of audit it wants to conduct. But once these audit reports are prepared, these audit reports are then sent to the president. Who shall cause them to be laid before each house of the parliament? Which means for example, previously a
42:26 question was asked annual financial statement is laid before parliament by the finance minister on behalf of answer given by the UPSC was prime minister. Although the real answer, the genuine answer, the correct answer is the president of India. But that does not mean that UPSC made a mistake once and tomorrow you will make the mistake again. UPSC would have corrected itself but now you are not correcting yourself. You will second guess oh whether this report is presented by the government or by the president before the parliament. You need to keep in mind what is the text of the constitution. Reports of the CAG are presented submitted to the president and it shall be the responsibility of the president to lay before each house of the parliament both
43:14 house of the parliament this report president each house these are terms very important for your exam and then the reports of the CAG relating to the accounts of the state this is where we say CAG amounts to centralizing ing tendency of Indian federalism which means this is a unitary feature of Indian federalism where there is one common body which audits the accounts of both union government as well as the state governments. State governments do not have their own CAG one common audit machinery. This is the centralizing tendency of Indian federalism. Which
44:02 means when the CAG audits the reports of the state government audits the report of the state, these reports are submitted to the governor of that state and it shall be the responsibility of the governor who shall cause them to be laid before the legislature of the state. This is about audit reports. But then there is a law a very important law called CAG DPC act duties powers and conditions of service act 1971. This law was amended in 1976. How initially CAG was preparing the accounts of the union government as well as auditing the accounts of the union
44:47 government. But then don't you think it is problematic when the same body is preparing the accounts make maintaining the accounts and auditing the same accounts as well. That is why this responsibility of the CAG that you be the controller as well as auditor of the accounts. This was taken away from the CAG. Now CAG only audits the account does not prepare them. Is not the controller. Right? But according to this law, CAG's salary is equal to the salary of the Supreme Court judge. Constitution says that the CAG shall be appointed by the president and can be removed in the same manner and on the like grounds as the judge of the Supreme Court. But what's your term? What's your
45:34 tenure? That is mentioned in this law. Your term is 6 years or 65 years of age, whichever is earlier. Although you may submit your resignation before your term is over and you will submit your resignation to the president of India. This is C A body number five special officer for linguistic minorities. States reorganization commission was set up in 1953. It gave its report in 1955 but basis that states reorganization act was passed in 1956 because prior to 1956 we had part A territories, part B territories, part C territories, part D territories. There
46:21 was also a demand whether the states be reorganized in the name of language on the grounds of language on the basis of language. This is where in the independent India for the first time in 1953 first linguistic state was cowed out Andra because of the fast unto death by Portish Ramlu. Long story short, there were many committees whether it is DAR committee, JVP committee, so on and so forth, various committees which recommended that states should not be reorganized in the name of language. But the states reorganization commission said states can be reorganized in the name of language and that's how linguistic reorganization
47:08 of the country took place and that's how part AD territories were done away with and 14 states and six union territories were established were created but linguistic reorganization was done constitution under article talks about minorities who are either religious minorities or linguistic minorities which means constitution recognized minorities on two grounds religious-based minorities linguistic based minorities. So when the states were cowed out in the name of language on the recommendation of the states reorganization commission the parliament enacted seventh constitutional amendment
47:53 act 1956 same year when states reorganization act was passed and the recommendation was you set up a special officer for these linguistic minorities because now that we have carved out reorganized the country in the name of language within a state which has been created In the name of language there may be linguistic minorities. How to protect them? How to give them safeguards? How to see whether the safeguards which are mentioned in the constitution for the protection of the linguistic minorities those are being upheld and that's how article 350 capital B was inserted into the constitution. Special officer for linguistic minorities will be appointed by the president. But then can you tell me what is article 350 capital A?
48:41 Article 350 capital A imposes a duty on all the states that you have to pro not only states any local body of that state as well that you have to provide educational opportunities to the children of linguistic minorities in their own mother tongue. Long story short, if I am in Tamil Nadu, but I am a Marathi, which means a linguistic minority in Tamil Nadu, it's the obligation on the Tamil Nadu government or any local authority in Tamil Nadu that they have to provide me the children of linguistic minorities education at least till the primary stage of education in my own mother tongue. And the
49:27 impact of this article 350A is such that if Tamil Nadu government does not follow it directive can be issued by the union government. No, you have to provide education in the mother tongue to the children of linguistic minorities. Even then if Mr. Vijay who is going to be the chief minister now if he fails to abide by this directive it can be viewed that there is breakdown of constitutional machinery in Tamil Nadu and the president can invoke article 356 dismiss the state government impose president's rule and what is article 350 capital B special officer for linguistic minorities appointed by the president but who this individual can be constitution is silent on this what is going to be your tenure
50:12 What's going to be your salary? What's going to be your allowances? What's going to be the process through which you can be removed? Constitution is silent on all these aspects. It only talks about special officer for linguistic minorities appointed by the president and in 1957 this office was created first. Initially it was in Delhi. Then it was shifted to Alaba. Then in 2015 it was shifted back to Delhi. It has some regional offices as well. Constitution says special officer for linguistic minorities. This special officer we can give designation to this officer and the designation that we have given is commissioner. You are a commissioner for linguistic minorities. This office was established in 1957 on the basis of
51:00 article 350 capital B special officer for linguistic minorities. That's it. Beyond that body number six, 7,8 we will discuss sixth. If you understand sixth, you have also understood seventh and eth. Sixth body, national commission for scheduled casts, national commission for the scheduled tribes, national commission for the bike word classes. We will discuss one and if you understood one, you have understood all. Which means you just have to replace SC's with STS and BC's. The answer is the same. Initially there was national commission
51:45 for scheduled casts and the purpose was we need to safeguard the rights and interest of the scheduled cast as well as AngloIndian community. Who are these Anglo-Indian community members? Initially the constitution said that there shall be a reservation of seats in Lok Sabha and state legislative assemblies for SC's for STS for AngloIndians and for all these SC's STS and AngloIndians there was one body created to safeguard their interests to safeguard their interests. This reservation was meant for 10 years.
52:34 But each time this 10-year period was about to expire, constitution was amended again and further extension was provided. 10-year extension, another extension, another extension, another extension. Now this reservation for AngloIndians, there used to be two MPs in the Lok Sabha from Anglo-Indian community. one MLA in legislative assembly from Anglo-Indian community because the constitution said the president can nominate two MPs to Lok Sabha from the AngloIndian community if the president is satisfied that Anglo-Indian community is not sufficiently represented in the Lok Sabha. Similarly, the governor of the state will have the power to nominate one MLA to the legislative assembly from Anglo-Indian community if
53:21 the governor is satisfied that the AngloIndian community is not adequately represented in the legislative assembly. Who are these AngloIndians? Basically those who were British but after we became independent they decided not to leave this country. They made India their permanent home. Now these are Anglo Indians. Derk O'Brien for example AngloIndian. But now you'll say how is Derk O'Brien the member of the Rajya Sabha from Anglo-Indian community. He is an Anglo-Indian but not an Anglo-Indian MP in Rajya Sabha. He is just like a Rajya Sabha MP just like all the other elected Rajya Sabha MPs. Right? Clear? That's number one. So initially this body was
54:08 set up by a government resolution which means it was not a constitutional body to safeguard the interest of SC's STS Anglo Indians to safeguard their interest. This was a government body which was set up through a government resolution. It was neither a constitutional body nor a statutory body. But one point I forgot. So when this reservation was supposed to end in 2020 then what happened? Another constitutional amendment was made. 104th constitutional amendment act and this 104th constitutional amendment act provided another 10-year extension to reservation for SC's and STS. So this reservation for AngloIndians was done
54:54 away with. It was not extended further. But be that as it may, this body was initially not a constitutional body. But it was given a constitutional status by 65th constitutional amendment act 1990. So this body was now a constitutional body to safeguard the interest of scheduled cars, scheduled tribes, AngloIndians. But then this law was amended and another constitutional amendment was made. 89th constitutional amendment act was passed in 2003 and through this amendment this body was bifurcated. Now we will have one body for SC's and Anglo-Indians and a separate body for scheduled tribes because scheduled casts
55:41 are different scheduled tribes are different and that is how a separate body for national commission for scheduled tribes was established by the constitution in 2003. Then we know after the Mandal case another group originated OBC's or socially and educationally backward classes of citizens. Initially a body was created for them which was a statutory body. But that statutory body was discarded. Constitutional status was given to this body by 102nd constitutional amendment act and that is how another body was constituted called national commission for backward classes. Which means now we have three constitutional bodies. National commission for scheduled cast
56:26 constitutional status was given in 1990. This body was bifurcated. National commission for scheduled tribes was constituted as a constitutional body in 2003 and a body was created a constitutional body was created in 2019 through 102nd constitutional amendment act. And this 102nd constitutional amendment act created another body called national commission for backward classes in 2018 2019. If we discuss one body whatever is true for this body will be true for the other two bodies. Composition National Commission for Schedule casts will consist of a chairperson, vice
57:12 chairperson and three other members. Who will determine their salary, their term of office, tenure? President, not parliament, president. Who will appoint chairperson, vice chairperson and members? president by warrant under his hand and seal the union. Now listen to me carefully. You might have watched so many videos where there are some YouTubers telling you what are the tips and tricks that you need to follow to ace the prelims examination. They will teach you elimination method. Whenever you will find these extreme points or statements mentioned in the exam, consider them incorrect. And one such extreme point is
57:59 all whenever you will read the statement consider the statement to be incorrect. Bases this if this statement is asked in the examination the union and state government shall consult the national commission for schedule cast on all major policy matters affecting the schedule cast. You will mark it incorrect but this is a correct statement. The union and state government will have to consult the national commission for schedule cast on all major decisions policy matters affecting the schedule casts. Which means if a creamy layer is to be made applicable to schedule cast, if reservation is to be done away with for this section, if reservation and promotion or consequential seniority
58:45 anything gets affected, you need to consult the national commission for scheduled casts. The term for this body or the individuals who are appointed to this body, their term is 3 years. Can they be reappointed? This is another important matter. Yes, they can be appointed again but not for more than two terms. Which means you can be appointed as the chairperson or vice chairperson or three other members of this body. Your term starts now. The term is 3 years. Can you be reappointed? Yes, for another term of 3 years. Can you be reappointed after that? No. Which means you're not eligible for appointment for more than two terms. This national commission for scheduled
59:30 casts will have the same status of that of a civil court. Civil court in the sense it can summon witnesses, it can summon officials, reports, whatever it is. That's the power available with national commission for schedule casts. and then they will submit reports. The reports are sent to the president and then this report is laid before each house of the Indian parliament. But how? When national commission for schedule cast submits a report to the union government which means the pre president will cause this report to be laid in each house of the parliament. But not only this report, this report suggested
1:00:16 that we act on certain things. We will also mention what was the action taken on those recommendations by the government and if there was some recommendations but we did not accept. We will also tell why did we not what was the reason that we did not accept the recommendations of this commission. All this report along with action taken report whether you have taken action on some recommendations you have refused to take action on some recommendations all this will have to be presented before the parliament each house of the parliament but what if this national commission for scheduled cast this body's report concerns some elements of the state government this matter relates to the matter with which any state
1:01:03 government is concerned for example in a particular state SC's are more tortured, they are more relegated, uh their inclusiveness is done away with, they are under tremendous pressure. So if this report is concerned or related with any state government, this governor of that state will have to cause that report to be laid in the legislative assembly along with action taken the report. This is very important fact crucial for your prelims examination and whatever is true for NCSC that is true for NCST true for NCBC national commission for scheduled tribes provided under article 338 capital A as
1:01:49 I told you by 89th constitutional amendment act because this was when the national commission for backward for scheduled casts was bifurcated. And then National Commission for the Backward Classes Article 338 capital B by the second constitutional amendment act 2018. This is body number eight. Now let's look at body number nine superintendence direction conduct control of all elections. Lok Sabha, Rajya Sabha, Legislative Assembly, Legislative Council, President Vice President is vested with the body called Election Commission of India. But then we have a state election commission and this state election commission
1:02:35 conducts local body elections. Local body elections. Article 243K talks about elections to punch, state election commission for panchiats and 243 Z8 talks about state election commission for urban local bodies. Who appoints this state election commission? Governor. Is that the discretionary power of the governor? No. Governor does this on the advice of the state government. But for that there has to be a law. Who will enact that law? Legislature of that state. Which means the legislature will say that state election commission
1:03:21 and the state election commission is a single member body. The election commission of India is a multi-member body. We have a chief election commissioner and not more than four election commissioners. But the state election commission is a single member body. We have only the state election commissioner and what is going to be the qualification term tenure so on and so forth salary allowances that will be decided by the law passed by with the state legislature and you will be appointed by the governor but to ensure independence of this office constitution says although you are appointed by the governor but you will be removed in the same manner and on the like grounds as the judge Judge
1:04:07 of the High Court. And how is the judge of the High Court removed? By the president based on the recommendations of both houses of the Indian Parliament when they pass a resolution by special majority which means dto same removal process as that of the judge of the Supreme Court which means if the question is asked which of the following functionaries are removed through the same similar process? Chief Justice of India, Judge of the Supreme Court, Judge of a High Court, Chief Election Commissioner, Controller and the Auditor General of India and State Election Commission. State election commissioner. Yes. Removed in the same manner and on the like grounds
1:04:53 as the judge of a high court because you are removed as the judge of a like the judge of a high court which is same as that the judge removal of the judge of the Supreme Court. But specifically the constitution says if you are this individual you will be removed in the same manner and on the like grounds as the judge of the supreme court. Then that individual becomes CEC. That individual becomes CAG. That individual does not become the state election commissioner because state election commissioner is removed in the same manner and on the like grounds as the judge of the high court not the supreme court. But in reality it is same. This is state election commission. Then [clears throat] we have finance commission
1:05:40 under article 280 of the constitution constituted by the president every 5 years. Finance commission for example what is the role? There is a divisible pool of taxes. For example, we pay income tax. We pay corporate tax. These taxes are imposed by the center, collected by the center. But these are to be distributed. The proceeds are to be distributed between the center and the states. Shared between the center and the states on the basis of what formula? That formula will be decided by the finance commission. And the award or the recommendations of the finance commission cannot be challenged in any court of
1:06:26 law. But what is the composition of this finance commission? It will consist of chairman and four other members to be appointed by the president. But who is qualified? How are they to be selected? That will be determined by parliament. This is where I'm telling you these trap points are important. For example, who has the power to decide upon the adjudication of interstate river water
1:07:12 disputes? Parliament who has the power to set up interstate council president. What if in the examination there is reversal? President will have the power to decide upon the adjudication of interstate river water disputes and parliament will establish an interstate council. You know the terms have been interchanged. Similarly, who will decide determine the qualifications and the manner method in which these chairperson and members are to be selected for the finance commission? That will be decided by the parliament and basis that the chairman of the commission shall be selected from among
1:07:58 persons who have had experience in public affairs. Which means can a politician be appointed as the chairman of the finance commission? Yes. Anyone who has had an experience in public affairs which includes politics, you are eligible qualified to be appointed as the chairperson of the finance commission. Who are the four other members? One, you are the current judge of a high court or former judge of the high court or someone who is qualified to be appointed as a high court judge. One member of the finance commission. Second member of the finance commission, you have special knowledge of the finances and accounts of the government. Third member, you have wide experience in financial matters and in
1:08:44 administration. Fourth member you have special knowledge of economics. This is the chairman with experience in public affairs. These are the four other members. And for how long will they remain in finance commission that shall be decided by the president. So whenever president will set up every 5 years you are setting up finance commission which means finance commission is not a continuous constitutional body. Every five years it needs to be set up and once you are set up then the chairperson and members what's going to be your tenure your term will be decided by the president in that order. But can the chairperson and members be eligible
1:09:31 for reappointment? Yes. Can you be reappointed? Yes. As the chairperson? Yes. As the members? Yes. And you can submit if you want your resignation to the president of India. Constitutional body number 11 GST council goods and services tax council created under article 279 capital A 101st constitutional amendment act which introduced GST in India. basically what is going to be the GST rate on a particular item that is decided by GST council.
1:10:17 So whether on kakra or sanitary napkins or on sindur or insurance products what's going to be the GST rate that is decided by this GST council which is a constitutional body established via 101st constitutional amendment act what is the composition union finance minister Nirmala Thai is the chairperson union minister of state who is in charge of revenue or finance is the other member of this body. Now listen to me carefully. Onethird voting rights are given to the union. Twoth3 voting rights
1:11:03 are given to the states and whatever decision is taken either taken through consensus or by 34 voting which means whether the slabs will be four or two or three or one the GST rate slabs that will be decided by the GST council. Ideally there should be consensus that this should be the GST slab. If there is no consensus then you will have to resort to voting and any decision of the GST council shall have to be determined by 3/4 majority out of which one/ird voting rights are given to the union because finance minister and union minister of state for finance is the member and then two3 rights are given to the states who
1:11:48 represent states in this GST council is it always necessarily the finance minister of that state no either you are minister in charge of finance finance or taxation or any other minister nominated by the state government. State government can nominate industries minister, their home minister, their finance minister, their agriculture minister, their revenue minister, their food and supplies minister, their youth affairs and sports minister, any minister nominated by the each state government, you are member of this GST council. If we have the union finance commission under article 280 of the constitution
1:12:34 which talks about the distribution of tax revenue between center and the state but state governments also impose taxes. Should a part of these tax proceeds be shared with the local governments which means the panchiats and municipalities? For that article 243 capital I article 243 capital Y talks about state finance commission established every 5 years by the governor to review the financial position of panchiads and to make recommendations to the governor. This is where not just punches but also for urban local bodies. Urban local bodies 243 capital Y 243 capital I for
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