CAG, Attorney General, Advocate General

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Questions and Answers

Which of the following scenarios would constitute a conflict of interest for the Attorney General of India?

  • Representing the central government in a case against a state government.
  • Offering legal opinions on matters of constitutional law to the President.
  • Providing legal advice to a private company involved in a dispute with the central government. (correct)
  • Advising the government on international treaties and agreements.

What is the primary distinction between the roles of the Attorney General of India and the Advocate General of a State?

  • The Attorney General has a fixed tenure, while the Advocate General serves at the pleasure of the Governor.
  • The Attorney General advises the President, while the Advocate General advises the Governor.
  • The Attorney General is appointed by the Prime Minister; the Advocate General is appointed by the Chief Minister.
  • The Attorney General represents the central government, while the Advocate General represents the state government. (correct)

A former Supreme Court judge is being considered for appointment as the Comptroller and Auditor General (CAG) of India. What factors would need to be considered to determine their eligibility?

  • Their previous rulings and whether they align with the current government's policies.
  • Their age and whether they have reached the maximum age limit of 65 years. (correct)
  • Their expertise in financial auditing and government accounting procedures.
  • Their political affiliations and support from major political parties.

The Election Commission of India (ECI) has announced a new initiative to increase voter turnout among marginalized communities. Which of the following actions would be most aligned with their constitutional responsibilities?

<p>Collaborating with NGOs to conduct voter awareness programs and facilitate voter registration. (B)</p> Signup and view all the answers

If the President of India seeks legal advice on a matter of national security, from whom would they typically seek this advice, and under which constitutional provision?

<p>The Attorney General of India, under Article 76. (D)</p> Signup and view all the answers

A state government is facing a legal challenge regarding the implementation of a new environmental policy. Who would be responsible for representing the state government's interests in this case?

<p>The Advocate General of the State. (A)</p> Signup and view all the answers

What is the most significant factor guaranteeing the independence of the Election Commission of India (ECI)?

<p>The ECI is a constitutional body with a fixed tenure for the Chief Election Commissioner and Election Commissioners and a removal process similar to that of a Supreme Court judge. (C)</p> Signup and view all the answers

The Comptroller and Auditor General (CAG) submits audit reports to which authority?

<p>The President of India. (D)</p> Signup and view all the answers

Which of the following scenarios could lead to the removal of the Comptroller and Auditor General (CAG) of India from office?

<p>Proven misbehavior or incapacity, following a process similar to the removal of a Supreme Court judge. (D)</p> Signup and view all the answers

The Chief Election Commissioner (CEC) observes widespread electoral malpractices in a particular constituency. What action can the CEC take?

<p>Order a repoll in the affected constituency. (A)</p> Signup and view all the answers

Flashcards

What is the role of the CAG?

Constitutional authority; guardian of public funds; audits government accounts.

CAG's constitutional basis?

Article 148 to 151. Specifies independence, appointment, and responsibilities.

What is the term length for CAG?

6 years or until they reach 65 years of age.

Who is the Attorney General?

India's highest law officer, advises the government.

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Attorney General's article?

Article 76. Describes the position and its functions.

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A.G.'s term length?

During the President's pleasure; no fixed term. They can be removed at any time, for any reason.

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Who is the Advocate General?

Legal advisor to the state government.

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What does ECI do?

Oversees and conducts elections in India.

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How independent is the ECI?

Constitutional body ensuring election independence.

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Who leads the ECI?

Head of the Election Commission of India.

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Study Notes

Comptroller and Auditor General of India

  • Constitutional provisions are outlined in Article 148 to 151
  • Serves as the guardian of public funds, auditing government accounts
  • Appointed by the President
  • Term is either 6 years or until the age of 65
  • Removal process is similar to that of a Supreme Court Judge
  • The first CAG was Shri V Narahari Rao, serving from 1948 to 1954

Attorney General of India

  • Constitutional provisions can be found in Article 76
  • The highest law officer, providing legal advice to the President and government
  • Must be eligible to be a Supreme Court Judge
  • Appointed by the President
  • Serves during the President's pleasure
  • There is no fixed tenure or procedure for removal

Advocate General of the State

  • Constitutional provisions are specified in Article 165
  • A legal advisor to the state government
  • Appointed by the Governor
  • Has the right to appear in courts
  • Not a member of the Cabinet
  • Can speak in Parliament, but cannot vote

Election Commission of India

  • An independent constitutional body
  • Responsible for overseeing elections in India
  • Headed by the Chief Election Commissioner (CEC)
  • Elections are based on universal adult suffrage

Chief Election Commissioners of India

  • Serve for a term of 6 years or until the age of 65
  • List of CECs:
    • Sukumar Sen (1950–1958)
    • K. V. S. R. Anjaneyulu (1958-1967)
    • Sundaram (1967-1972)
    • T. N. Seshan (1990–1996)
    • M. S. Gill (1997-2000)
    • J. M. Lyngdoh (2001-2004)
    • B. B. Tandon (2004-2005, Short-term)
    • N. Gopalaswamy (2005-2009)
    • S. Y. Qureshi (2010-2012)
    • V. S. Sampath (2013-2015)
    • Nasim Zaidi (2015-2017)
    • Om Prakash Rawat (2017-2018)
    • Sunil Arora (2018-2021)
    • Rajiv Kumar (2021-Present)

Administrative Tribunals

  • Deals with government service-related matters
  • Established under the Administrative Tribunals Act, 1985
  • Has jurisdiction over service matters of central and state government employees
  • Plays a role in the expedited resolution of service-related disputes
  • Includes the CAT (Central Administrative Tribunal) and state tribunals

Delimitation Commission

  • Purpose is to redraw constituencies based on the census
  • Guided by the Delimitation Commission Act
  • Orders are non-challengeable in court
  • It was established in 1952, 1963, 1973, and 2002

NOTA (None Of The Above)

  • An option to reject all candidates
  • Does not affect the election result
  • First used in November 2013
  • It was removed from Rajya Sabha and Legislative Council elections (2019)

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