Prelims tit-bits- Polity part 7

1. Charged Expenditure

  • Legislature can discuss it but can not vote on it
  • Supreme court, high court, President, VP, Deputy chairperson, Speaker, Deputy Speaker, CAG, UPSC etc have their expenditure charged on CFI or States
  • Election Commission expenditure is not charged on CFI
  • interest and other debt related charges of the Government and any sums required to satisfy any court judgment pertaining to the Government also comes under charged expenditure

Note– Salary of high court judges is charged on states but pension on CFI

Discuss – rationale behind charged expenditure

2. Constitutional and statutory bodies

Constitutional bodies – mentioned in the constitution, derive their power from constitution . Eg. Supreme court, High court, EC,  FC, CAG, UPSC, AG, NCSC, NCST, INTER STATE COUNCIL

Statutory bodies – created by an act of parliament. Eg. NHRC, LOKPAL, CVC, CIC, NCPCR,  NCW,  NCM,  NCBC.

NON STATUTORY OR EXECUTIVE BODIES -created by an executive resolution of Union cabinet . Eg. Erstwhile planning commission and NDC, present NITI Ayog

Note-  CVC was created as executive body in 1964 after Santhanam committee report and converted into a statutory body in 2003 in pursuant of Supreme Court judgment in Vineet Narayan- Jain Hawala case.

Discuss – Other imp constitutional bodies

3. Removal of Imp. constitutional/ statutory functionaries 

Supreme court, High court, CAG, CEC, SEC

Ground – proved misbehaviour or incapacity

Process – resolution to that effect passed by 2/3 present and voting plus absolute majority

Note– Election  commissioners other than CEC can be removed only on the recommendation of CEC.

UPSC, State PSC, NHRC,SHRC ,CVC, CIC, SIC

Ground – misbehaviour

For limited number of grounds mentioned in the constitution or statute, they can be directly removed without supreme court inquiry. Eg. Insolvent, infirmity of body or mind , paid employment outside etc.

Process – after an inquiry by supreme court

Discuss– Can you tell us the whole process of removal of a supreme court judge?

4. Appointment by high powered committee

CIC – PM, Leader of Opposition in Lok Sabha, any cabinet minister nominated by PM

CVC –  PM, Leader of Opposition in Lok Sabha, Home Minister

Director CBI – PM, Leader of Opposition in Lok Sabha,, Chief justice of India

NHRC – 6 member committee

PM, leader of opposition LS , speaker, leader of opposition Rajya Sabha, Deputy Chairperson RS

Lokpal: 5 member selection committee considers names recommended by 7 member search committee

PM , Speaker,  Leader Of Opposition LS , chief justice, 1 jurist nominated by 1st 4

Note– For most of the Constitutional and statutory bodies formed before 1991, appointment is by govt. Eg.- EC, CAG, FC, UPSC, SPSC ,NATIONAL COMMISSION FOR SC

Discuss- constitutional functionaries who can not be employed in govt service after retirement?

Discuss – Reforms needed to make Election commission truly independent?

5. Equivalence of posts

  • CIC = CEC, IC =EC, STATE CIC= EC, SIC = Chief Secretary, CVC= CHAIRPERSON UPSC, VC= MEMBER UPSC ,
  • NITI AYOG Vice Chairperson- rank of cabinet minister
  • Members NITI Ayog- rank of minister of state
  • NSA – rank minister of state
  • CAG SALARY EQUALS THAT OF SUPREME COURT JUDGE

Discuss – Can you relate this equivalence with order of precedence?

Discuss– Indian Order of Precedence.

By Dr V

Doctor by Training | AIIMSONIAN | Factually correct, Politically not so much | Opinionated? Yes!