Previous Year Question

(a) Election Commission — Article 165

The constitutional provision for the Election Commission of India is contained in Article 324.

It entrusts the Election Commission with the superintendence, direction and control of elections to Parliament, State Legislatures and the offices of President and Vice-President.

Article 165 deals with the appointment, qualifications and duties of the Advocate-General for a State. The Advocate-General is the principal legal officer of the State Government.

Therefore, Article 165 cannot be matched with the Election Commission.

(b) National Commission for Scheduled Castes — Article 148

The constitutional provision for the National Commission for Scheduled Castes is contained in Article 338.

The Commission's principal functions include monitoring the implementation of constitutional and legal safeguards for Scheduled Castes and investigating related complaints.

Article 148 deals with the Comptroller and Auditor-General of India (CAG).

The CAG is appointed by the President. This constitutional institution performs functions relating to the audit of government accounts of the Union and the States.

(c) Finance Commission — Article 263

The Finance Commission is provided under Article 280.

It consists of a Chairman and four other members. The Commission is generally constituted by the President every five years.

It recommends the distribution of divisible taxes between the Union and the States and the principles governing grants-in-aid to States.

Article 263 deals with the establishment of an Inter-State Council. Under this provision, the President may establish a Council for coordination and matters of common interest among States.

(d) National Commission for Backward Classes — Article 340

This is where the question contains an important error.

Article 340 empowers the President to appoint a Commission to investigate the conditions of socially and educationally backward classes.

However, the specific constitutional provision for the National Commission for Backward Classes (NCBC) is Article 338B.

The 102nd Constitutional Amendment Act, 2018, inserted Article 338B and granted constitutional status to the National Commission for Backward Classes.

Previously, the National Commission for Backward Classes operated under the National Commission for Backward Classes Act, 1993.

Article 340 provides for the appointment of commissions to investigate the conditions of backward classes, whereas Article 338B establishes the constitutional framework for the National Commission for Backward Classes.