CONSTITUTIONAL BODIES

Body or institute established by the Constitution of India. They can only be changed or amended by Constitutional Amendment Bill, rather than regular government or private bills.

1. Election Commission of India

Sushil Chandra: 24th CEC

• Part XV Article 324-329 

• Responsible for conducting elections in Centre and State

• Takes decision from announcement of Election to declaration of Results

• Independent of government

• Composition 

• Originally : 1 Chief Election Commissioner (CEC)

• By Election Commission Amendment Act , 1989: 1 CEC + 2 Election Commissioner (EC)

• Chief Election Commissioner (CEC)

• Appointed by President (but not answerable to president)

• Term in office : 6 years or 65 years of age (whichever is earlier)

• Salary equivalent to Supreme Court Judge

• Removal requires a resolution in both houses with special majority, on account of proven misbehavior or incapacity

• Election commissioners can be removed by president on recommendation of CEC

• Functions:

• Maintains Code of Conduct during elections

• Acts as court to resolve disputes related election symbols, party recognition 

• Appoints and assists State Chief Electoral Officer to conduct election in local bodies 

2. Finance Commission

• Quasi judicial body

• Article 280

• Allocation of revenue resources between union and state government 

• Constituted by president every fifth year

• Composition: Chairman + 4 members.

• Qualifications by finance commission act, 1950 

• Chairman should be having experience in public affairs

Members : 

• Judge of High Court, or qualified to be appointed one

• Person with specified knowledge of finance and account Of GoI

• Wide experience in Financial Matters and in administration 

• Person with special knowledge of economics

• Functions:

• Distribution of taxes between the Centre and state

• Principles which should govern grant in aid to states by Centre

• Looks into distribution of Consolidated funds of states to municipalities

• Any other matter referred by president

3. Union Public Service Commission (UPSC) 

• Part XIV Article 315 – 323

• Composition: Chairman, Total 9 or 11 members. 

• No qualification mentioned but, half members must have held office for more than 5 years

• Term in office: 6 years or 65 years of age (whichever is earlier)

• Not eligible to further hold office under Government of India

• Functions;

• Conducts exams for requirement to central and public services

• Assists state in framing and operating scheme of joint recruitment 

• Serving needs of state on request of governor

• Reports to president

State Public Service Commission (SPSC)

• Article 315 – 323

• Term in office: 6 years or 62 years of age (whichever is earlier)

• Reports to governor

• Can resign to governor

• Removal only by President

4. Attorney General of India

K K Venugopal :15th Attorney General of India

• Highest law officer of India

• Mentioned in Article 76

• Appointed by President 

• Qualification of Supreme Court (SC) Judge

• At least 5 yrs as judge or High Court (or two or more such courts in succession)

• Or 10 yrs as advocate of High court (or two or more such courts in succession)

• A distinguished jurist, in opinion of president

• President determines the retainer (generally equal to salary of SC judge)

• Term not fixed, removal at pleasure of President  

• Enjoys powers of a Lok Sabha Minister 

• Duties:

• Legal advice to Government of India (GoI)

• Represents GoI in all cases in Supreme Court

• Appear in any High Court when required by GoI

• Perform all legal duties assigned by president

• Can take up private cases, but not against the government

• Rights: Right of audience in all courts without vote.

• Conventionally retires with the government 

• Assisted by 2 Solicitor general and 4 additional Solicitor General

Advocate General 

• Highest law officer of State

• Mentioned in Article 165

• Appointed by Governor 

• Qualification of High Court Judge

• Term not fixed, removal at pleasure of Governor

• Enjoys same rights and duties at state level (Similar to Attorney general of India ) 

5. Comptroller and Auditor General 

“ Most important officer under constitution “ –  B R Ambedkar

G C Murmu : 14th CAG

• Guardian of Public Purse

• Head of India Audits and accounts department

• Mentioned in Article 148

• Appointed by President 

• Term in office 6 years or 65 years of age (whichever comes earlier)

• Enjoys power equal to an IAS officer

• Salary as per Supreme Court Judge

• Not eligible to further hold office under Government of India

• Not a part of executive

• Submits 3 Audit reports to President on :

• Appropriation accounts

• Financial accounts

• Public undertaking 

• Duties: Audits and Reports :

• Consolidated Fund of India, States and Union territory 

• Contingency Funds and public accounts of union and states

• All trading manufacturing, profit and loss accounts of any department of union or states 

• All receipts and expenditure of Union and states.

• All bodies and authorities financed from union and states, Government Companies and other corporations or bodies.

• Not eligible to hold any office under GoI

• Removal similar to Supreme Court judge on account of proven misbehavior or incapacity

Note:

• Accounting body of state government : Comptroller and Auditor General 

• Accounting body of central government : Comptroller General of Accounts

• Auditing both central and state government : Comptroller and Auditor General 

8. National Commission for Backward Classes

• Formed by 102 Amendment Act, 2018

• Article 338B

• Earlier: Statutory Body under Ministry of Social Justice and Empowerment

• Composition: 5 members, including Chairperson, appointed by President

• Service and tenure by President

• Annual report to President

• Function:

• Examine complains and welfare measures related to Backward Classes

• Investigate, monitor, evaluate legal safeguards related to Scheduled Caste

9. Special Officer for linguistic Minorities

• Formed by 7th Amendment 1956

• Article 350B

• Appointed by President

• Under Ministry of Minority Affairs

• Constitution does not specify qualifications, tenure, salary, allowances, removal

• Headquarter: Prayagraj; 3 Regional office Belgaum, Chennai, Kolkata

• Functions: Investigate, monitor, evaluate legal safeguards related to linguistic minorities

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