Ans: D

Exp:

Statement 1 is incorrect: The recommendations made by the Finance Commission (under Article 280) are only of advisory nature and hence, not binding on the government. It is up to the Union government to implement its recommendations on granting money to the states.

Statement 2 is incorrect: The Finance Commission is required to make recommendations to the President of India on any other matter referred to it by the President in the interests of sound finance. 

The Finance Commission makes recommendations to the President of India on the following issues:

1. i) The net tax proceeds distribution to be divided between the Centre and the states, and the allocation of the same between states.
2. ii) The principles governing the grants-in-aid to the states by the Centre out of the Consolidated Fund of India.

iii) The steps required to extend the consolidated fund of a state to boost the resources of the Panchayats and the Municipalities of the state on the basis of the recommendations made by the State Finance Commission.

1. iv) Any other matter referred to it by the President in the interests of sound finance.
2. v) The Commission decides the basis for sharing the divisible taxes by the centre and the states and the principles that govern the grants-in-aid to the states every five years.
3. vi) Any matter in the interest of sound finance may be referred to the Commission by the President.

vii) The Commission’s recommendations along with an explanatory memorandum with regard to the actions done by the government on them are laid before the Houses of Parliament.

viii) The Finance Commission evaluates the rise in the Consolidated Fund of a state in order to affix the resources of the state Panchayats and Municipalities.

1. ix) The Finance Commission has sufficient powers to exercise its functions within its activity domain.
2. x) As per the Code of Civil Procedure 1908, the Finance Commission has all the powers of a Civil Court. It can call witnesses, and ask for the production of a public document or record from any office or court.

Ans: D

Exp:

Assertion is incorrect: The Constitution authorises the Parliament to determine the qualifications of members of the Finance Commission and the manner in which they should be selected. Accordingly, the Parliament has specified the qualifications of the chairman and members of the Commission.

Reason is correct: The Finance Commission is required to make recommendations to the president of India on any other matter referred to by the president in the interests of sound finance. 

Article 280 of the Constitution of India provides for a Finance Commission as a quasi judicial body. It is constituted by the President of India every fifth year or at such an earlier time as she/he considers necessary. 

Ans: C

Exp:  

Option C is incorrect: An institute has authority over its recruitment, in case of any discrimination or bias against OBCs, NCBC can come into picture. Hence, ‘Leaving posts designated for the Other Backward Classes vacant under any circumstance is illegal and against the NCBC rules and constitutional mandate of reservation.’ is an incorrect statement.

The NCBC has the following powers and functions: 

1. i) To monitor, investigate, and evaluate all matters relating to the socially and educationally backward classes under the constitution.
2. ii)  To engage in the advice on socially and educationally backward classes’ socio-economic growth, and evaluate their progress.

iii) NCBC is also responsible to report to the President on the safeguards and effectiveness for socially and educationally backward classes. After that, the president will provide that report to the parliament, and if the findings are relevant to the state, then a copy of the report will be sent to the state government questioning that matter.

1. iv) The National Commission for Backward Classes has the power of a civil court.
2. v) National Commission for Backward Classes (NCBC) also accounted for the protection, development, welfare, and advancement of the socially and educationally backward classes.

Ans: B

Exp:

Statement 1 is incorrect: NCST is a constitutional body that works to safeguard the interests of the scheduled Tribe (ST) in India. Article 338A of the constitution of India deals with this commission. The National Commission for Scheduled Caste is required to discharge similar functions with regard to the Anglo-Indian Community as it does with respect to the SCs as the President of India may order/specify to it under clause (1) of Article 340.

Statement 2 is correct: NCST consists of a Chairperson, vice-chairperson and three other members. They are appointed by the President of India by warrant under his hand and seal.

Statement 3 is correct: Initially, the Constitution provided for the appointment of a Special Officer under Article 338. This special officer was designated as the Commissioner for Scheduled Castes and Scheduled Tribes. In 1987, the government, upon pressure from various Members of Parliament, decided to form a multi-member commission for the welfare of the SCs and STs instead of a one-member commission.

Ans: B

Exp: 

Option B is correct: Functions of NCST as per Clause 5 of Article 338 A: 

• • To investigate & Monitor matters relating to Safeguards provided for STs under the Constitution or under other laws or under Govt. Order, to evaluate the working of such Safeguards. 
  • To inquire into specific complaints relating to Rights & Safeguards of STs;
  • To participate and Advise in the Planning Process relating to Socio-economic development of STs, and to Evaluate the progress of their development under the Union and any State; 
  • To submit report to the President annually and at such other times as the Commission may deem fit, upon/ working of Safeguards, Measures required for effective implementation of Programmers/ Schemes relating to Welfare and Socio-economic development of STs; 
  • To discharge such other functions in relation to STs as the President may, subject to the provisions of any law made by Parliament, by rule specify; 

• Measures that need to be taken over conferring ownership rights in respect of minor forest produce (not all forest produce) to the Scheduled Tribes living in forest areas. 

• • Measures to be taken to safeguard rights to the Tribal Communities over mineral resources, water resources etc. as per law. 
  • Measures to be taken for the development of tribals and to work to move viable livelihood strategies. 
  • Measures to be taken to improve the efficacy of relief and rehabilitation measures for tribal groups displaced by development projects. 
  • Measures to be taken to prevent alienation of tribal people from land and to effectively rehabilitate such people in whose case alienation has already taken place. 
  • Measures to be taken to elicit maximum cooperation and involvement of Tribal Communities for protecting forests and undertaking social afforestation. 

• Measures to be taken to ensure full implementation of the Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996. 

• Measures to be taken to reduce and ultimately eliminate the practice of shifting cultivation by Tribals that lead to their continuous disempowerment and degradation of land and the environment.