UPSC Optional: Public Admin - - Indian Administration Constitutional Framework Executive Parliamentary Control

Must‑Know

• Article 74(1) – Council of Ministers headed by Prime Minister aids and advises President; 42nd Amendment made advice binding, but 44th Amendment clarified that President can request reconsideration (as in 1990 when President Venkataraman sent advice back).
• Article 75(3) – Council of Ministers collectively responsible to Lok Sabha; basis of parliamentary control, as seen in 1999 when Vajpayee government lost confidence motion by one vote.
• Article 76 – Attorney General of India is chief legal advisor to Government of India; can participate in parliamentary proceedings without voting rights, as exercised in discussions on constitutional amendments.
• Article 85 – President can summon and prorogue Parliament; dissolution power rests only with Lok Sabha, used in 1991 and 1996 after no party secured majority.
• Article 93 and 94 – Speaker and Deputy Speaker of Lok Sabha elected from among members; Speaker’s casting vote in case of tie, as used in 1996 during confidence motion for Deve Gowda government.
• Article 105 – Powers, privileges, and immunities of MPs; breach can lead to privilege motions, e.g., 2005 case against P.C. Chacko for alleging contempt of Parliament.
• Article 118 – Parliament may regulate its procedure; until rules are made, British House of Commons rules apply by convention.
• Article 121 – No discussion in Parliament on conduct of judges of Supreme Court and High Courts except during impeachment; ensures judicial independence.
• Article 151 – CAG reports on accounts of Centre and States laid before Parliament and State Legislatures; reports form basis for Public Accounts Committee scrutiny.
• Article 309 – Recruitment and service conditions of public servants regulated by Parliament or State Legislatures; enables enactment of Civil Services (Preliminary) Rules, 1960.
• Article 310 – Civil servants hold office during pleasure of President (Union) or Governor (State); exception: removal after inquiry under Article 311.
• Article 311 – Civil servant cannot be dismissed or reduced in rank without inquiry; safeguards tenure and neutrality, upheld in State of U.P. v. Raj Narain (1954).
• Article 352 – Proclamation of National Emergency on grounds of war, external aggression, or armed rebellion; last invoked in 1975 (internal disturbance, later replaced by "armed rebellion" via 44th Amendment).
• Article 356 – President’s Rule in States on failure of constitutional machinery; subject to judicial review per S.R. Bommai v. Union of India (1994), which laid down guidelines against arbitrary imposition.
• Article 360 – Proclamation of Financial Emergency; never invoked in India, though considered during 1991 balance of payments crisis.
• Article 72 – President has power to grant pardons, reprieves, respites, or remissions of punishment; exercised on aid and advice of Council of Ministers, as in 2014 when Mukesh Kumar’s death sentence in Nirbhaya case was rejected.
• Article 80 – Rajya Sabha has 238 elected members and 12 nominated by President for expertise in literature, science, art, social service; nominations include figures like Sarvepalli Radhakrishnan and M.F. Husain.
• Article 83 – Lok Sabha term is five years, unless dissolved earlier; extended to six years during Emergency (1976) via 42nd Amendment, reverted by 44th Amendment.
• Article 110 – Defines Money Bill; certified by Speaker, and passed only by Lok Sabha; Rajya Sabha can make recommendations within 14 days, as in 2017 GST Bill.
• Article 117 – Financial Bills (I) require President’s recommendation; differ from Money Bills as they may contain non-financial provisions, e.g., Aadhaar Act (2016) passed as Finance Bill.
• Lok Sabha can pass a no-confidence motion under Rule 198; requires support of at least 50 members to be admitted, as per precedent.
• Question Hour – first hour of each sitting; starred questions require oral answer, unstarred written; suspended during pandemic in 2020.
• Zero Hour – follows Question Hour; not mentioned in Constitution or Rules, but allows MPs to raise urgent matters, e.g., farmers’ protests in 2020–21.
• Adjournment Motion – requires leave of House to discuss matter of urgent public importance; needs support of 50 members, admits censure of government, e.g., 2013 motion on coal block allocation.
• Committee on Public Accounts (PAC) – examines CAG reports; chaired by opposition member since 1967 convention; scrutinized 2G spectrum allocation in 2011.

Difficulty Level

Intermediate – requires understanding of constitutional provisions, case law, and procedural mechanisms, with frequent application in mains and prelims.

Common UPSC Traps

Trap: President can exercise personal discretion in appointing Prime Minister when no party has a clear majority – Fact: President must appoint the leader most likely to command majority in Lok Sabha, as per Sarkaria Commission (1988) and convention, not personal discretion.

Trap: Rajya Sabha can reject a Money Bill – Fact: Rajya Sabha cannot reject or amend a Money Bill; it can only recommend changes within 14 days, final authority rests with Lok Sabha (Article 110 and 109).

Trap: CAG audits only government expenditure – Fact: CAG audits receipts, expenditures, and also performance and compliance (performance audit), as expanded under Article 151 and CAG (DPC) Act, 1971.

Trap: No-confidence motion can be moved in Rajya Sabha – Fact: No-confidence motion can only be moved in Lok Sabha (Article 75(3)), as Council of Ministers is collectively responsible only to Lok Sabha.

Trap: Governor appoints Chief Minister in case of hung assembly without consulting the largest party – Fact: Governor must invite the leader of the post-poll alliance or single largest party willing and able to prove majority, as per Supreme Court in Shiv Sena case (2023), following S.R. Bommai precedent.

Practice MCQs

Question: Which of the following statements is correct regarding the Attorney General of India?
A) He is a member of the Union Cabinet and attends its meetings.
B) He holds office for a fixed term of three years.
C) He has the right to vote in Parliament when participating in debates.
D) He can be appointed even if not a member of any bar council.
Answer: D
Explanation: The Attorney General need not be enrolled with a bar council, though typically a senior advocate; appointment is under Article 76.
Why others fail: A is tempting because AG attends Cabinet meetings on invitation but is not a member.

Question: The provision for the creation of All-India Services is enshrined in which Article of the Constitution?
A) Article 310
B) Article 312
C) Article 308
D) Article 315
Answer: B
Explanation: Article 312 empowers Parliament to create All-India Services (e.g., IAS, IPS) if Rajya Sabha passes a resolution by two-thirds majority.
Why others fail: D refers to State Public Service Commissions, often confused with All-India Services.

Question: Which of the following committees recommended that the office of Governor should not be used as a retirement post?
A) Administrative Reforms Commission (1966)
B) Sarkaria Commission (1988)
C) Punchhi Commission (2010)
D) Venkatachaliah Commission (2002)
Answer: C
Explanation: Punchhi Commission (2010) recommended that Governors should be eminent persons, not political appointees or retired politicians.
Why others fail: B (Sarkaria) is well-known for Centre-State relations, leading to confusion despite Punchhi being more specific on Governor’s role.

Question: The ‘Doctrine of Pleasure’ in the context of civil services is subject to which constitutional safeguard?
A) Article 309
B) Article 310
C) Article 311
D) Article 312
Answer: C
Explanation: Article 311 limits the ‘pleasure’ doctrine by requiring inquiry before dismissal or reduction in rank of civil servants.
Why others fail: B (Article 310) states the doctrine itself, making it a common distractor.

Question: Which of the following is NOT a feature of a Money Bill as per Article 110?
A) It can be introduced only in Lok Sabha.
B) It requires recommendation of the President.
C) It can be returned by Rajya Sabha for reconsideration.
D) It is certified by the Speaker.
Answer: C
Explanation: Rajya Sabha cannot return a Money Bill; it can only make recommendations within 14 days, which Lok Sabha may accept or reject.
Why others fail: C sounds plausible due to similarity with ordinary bills, but Money Bills have special treatment.

Question: The Public Accounts Committee examines the reports of:
A) National Human Rights Commission
B) Union Public Service Commission
C) Comptroller and Auditor General
D) Central Vigilance Commission
Answer: C
Explanation: PAC examines CAG audit reports on appropriation, finance, and public accounts, as per Article 151.
Why others fail: A and D are oversight bodies, but not auditors; confusion arises due to similar acronyms.

Question: Which constitutional provision was invoked during the 1975 Emergency that allowed suspension of fundamental rights under Article 19?
A) Article 352
B) Article 356
C) Article 360
D) Article 358
Answer: D
Explanation: Article 358 automatically suspends Article 19 during a Proclamation of Emergency under Article 352.
Why others fail: A (Article 352) is the enabling provision, but D specifies the suspension mechanism.

Last‑Minute Revision

• ⚠️ Article 74(1) – Council of Ministers aids President; binding advice post-42nd Amendment, but President can seek reconsideration (44th Amendment).
• ⚠️ Article 75(3) – Collective responsibility only to Lok Sabha, not Rajya Sabha.
• ⚠️ Article 110 – Money Bill certified by Speaker; finality under Article 122, not subject to judicial review.
• ⚠️ Article 356 – Subject to judicial review; S.R. Bommai case (1994) laid down conditions.
• ⚠️ Article 311 – Inquiry mandatory before dismissal of civil servant.
• ⚠️ CAG audits under Article 151; reports to Parliament and State Legislatures.
• ⚠️ President’s Rule requires Parliamentary approval within two months (Article 356(3)).
• ⚠️ 42nd Amendment (1976) – Added “Socialist”, “Secular” to Preamble; made President bound by ministerial advice.
• ⚠️ 44th Amendment (1978) – Removed “internal disturbance” as ground for Emergency; restored President’s right to seek reconsideration.
• ⚠️ Sarkaria Commission (1988) – Recommended Governor should be a detached figure, not from local politics.
• ⚠️ Punchhi Commission (2010) – Reviewed Centre-State relations; recommended removal of Article 356 abuse.
• ⚠️ Kesavananda Bharati case (1973) – Established ‘basic structure’ doctrine; Parliament cannot amend basic features.
• ⚠️ Minerva Mills case (1980) – Reinforced basic structure; struck down parts of 42nd Amendment.
• ⚠️ Maneka Gandhi case (1978) – Expanded Article 21 to include fair procedure, right to travel, right to live with dignity.
• ⚠️ Article 72 – President’s pardoning power; exercised on ministerial advice, not independent.
• ⚠️ Article 121 – No discussion on conduct of judges except in impeachment.
• ⚠️ Article 105 – MPs have freedom of speech in Parliament; not liable in court for statements made there.
• ⚠️ Zero Hour – Informal practice, not in Constitution or Rules of Procedure.
• ⚠️ Adjournment Motion – Admits censure; requires 50 members’ support.
• ⚠️ Question Hour – First hour of sitting; suspension during pandemic was controversial.
• ⚠️ PAC – Chaired by opposition member since 1967; examines CAG reports.
• ⚠️ 1975 Emergency – Declared under Article 352; suspended fundamental rights, including habeas corpus.
• ⚠️ 1991 Economic Crisis – Led to LPG reforms; financial emergency (Article 360) considered but not invoked.
• ⚠️ 2013 Land Acquisition Bill – Withdrawn after opposition; example of parliamentary scrutiny.
• ⚠️ 2020 – Parliament passed farm laws without Rajya Sabha vote; used ordinance route initially.
• verify from standard source – Number of All-India Services currently: 3 (IAS, IPS, IFoS).