Constitutional Bodies

Constitutional Bodies: AGI, CAG, ECI, FCI, NCSC, NCST, NCBC, UPSC, and SPSC are constitutional bodies that derive their powers and authority from the Constitution of India. They are mentioned in the Constitution.

Constitutional bodies derive their powers and authority from the Constitution of India. They are mentioned in the Constitution. Since they get their power from the Indian Constitution, any change in the mechanism of the constitutional bodies would require a constitutional amendment.

List of Constitutional Bodies in India

Attorney General of India

Election Commission of India

The Constitution provides the Election Commission of India with the power of direction, superintendence, and control of elections to parliament, state legislatures, the office of the president of India, and the office of vice-president of India.

The permanent, independent body established under Article 324
The body consists of one chief election commissioner and such members as the president may fix, appointment is also done by the president. Currently, there are 2 Election Commissioners in addition to the CEC.
The CEC and ECs have the same powers and emoluments including salaries, which are the same as a Supreme Court judge.
The constitution doesn’t mention any qualification for either of the commissioners nor does it restrict retiring commissioners from taking further appointments under the government.
They hold the office for a period of 6 years or till 65, whichever is earlier.
The chief election commissioner cannot be removed except in the same manner as the judge of the Supreme Court,
– The other commissioners can be removed only after the advice of the chief election commissioner

Powers and Functions of the Election Commission

To decide the territorial areas of the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament.
Preparing and periodically revising electoral rolls and registering all eligible voters.
Act as a court for settling disputes related to granting recognition to political parties and allotment of election symbols to them.
It issues the Model Code of Conduct in every election for political parties and candidates so that the decorum of democracy is maintained.
To advise the President and the Governors relating to the disqualification of MPs or MLAs.
Advising the President on whether elections can be held in a state that is under the President’s rule, in order to extend the period of emergency after 1 year.

Comptroller and Auditor General of India

Article 148 of the constitution provides for an independent comptroller and auditor general of India.
Appointed by the president for a period of 6 years or up to the age of 65 years, whichever is earlier.
He can be removed from his office in the same manner as a judge of the Supreme Court on the grounds of proven misbehavior.
His salary and terms of service cannot be altered to his disadvantage after his appointment.
Not eligible for further office under the Government of India or under the Government of state.
Office expenses; salaries and allowances of members of the office; charged on the CFI.

Article 149 deals with the Duties and Powers of the Comptroller and Auditor-General of India.
Article 150 says that the accounts of the Union and of the States shall be kept in such form as the President may, on the advice of the CAG, prescribe.
Article 151 says that the reports of the Comptroller and Auditor-General of India relating to the accounts of the Union shall be submitted to the president, who shall cause them to be laid before each House of Parliament.
Article 279 – The calculation of “net proceeds” is ascertained and certified by the Comptroller and Auditor-General of India, whose certificate is final.
His administrative powers and the conditions of service of persons serving in the Indian Audit and Accounts Department are prescribed by the President only after consulting him.

Functions and Power of Comptroller and Auditor General

CAG derives its audit mandate from different sources–

• Constitution (Articles 148 to 151)
• The CAG (Duties, Powers, and Conditions of Service) Act, 1971
• Important Judgments
• Instructions of Government of India
• Regulations on Audit & Accounts-2007

CAG audits the accounts related to all expenditures from

• Consolidated Fund of India,
• Consolidated Fund of each state and UT’s having a legislative assembly.

He audits all expenditures from the Contingency Fund of India and the Public Account of India as well as the Contingency Fund and Public Account of each state.
He audits departments of the Central Government and the state governments and all bodies and authorities substantially financed by the Central or State revenues; government companies; other corporations and bodies when so required by related laws.
He audits the accounts of any other authority when requested by the President or Governor e.g. Local bodies.
He submits his audit reports relating to the accounts of the Centre to the President, who shall, in turn, place them before both houses of Parliament. (to Governor in states)
CAG also acts as a guide, friend, and philosopher of the Public Accounts Committee of the Parliament.

Union Public Service Commission

Mandated to be the prime recruiting agency of the government of India.
Consist of the Chairman and other members as appointed by the president of India.
The constitution doesn’t specify the strength.
Only mandating that half of the members should be people who’ve held office under the government of India or the state for at least 10 years in the past.
The chairman and member hold office until the age of 65 years or 6 years from the date of appointment, whichever is earlier.
Removal by the President for:

• Getting adjudged insolvent,
• Engaging in Paid employment outside the office or
• In the opinion of the president is of infirm mind.
• Misbehavior, however, in this case, a formal SC inquiry is needed.

The salary and term of office cannot be varied to the members’ disadvantage.
The chairman of UPSC is not eligible for any future appointment under the union or the state, the member can be however appointed as the chairman.

Functions of Union Public Service Commission

The UPSC conducts examinations for All-India Services Central Services and Public Services for different Indian states and Union territories.
The UPSC serves the interests of the State at the demand of the Governor and with the consent of the President of India.
The UPSC shall be consulted in the matters of:

• Demands for compensation of legal express obtained by a civil servant in defending proceeding instituted against him.
• Matters relating to the interim appointments for periods exceeding one year
• Matters of personnel management etc.

State Public Service Commission

An independent constitutional body mandated to be the prime recruiting agency of the government of states.
The SPSCs consist of a chairman and other members as appointed by the Governor of the state.
The chairman and member hold office until the age of 62 years or 6 years from the date of appointment, whichever is earlier.
The constitution specifically mandates the appointment to be done by the governor and the removal by the president of members and chairman alike.
The chairman of SPSC is eligible for appointment as a member or chairperson of the UPSC, the members can be however appointed as the chairman. Of SPSC or member or chairperson of UPSC.

Joint State Public Service Commission

The constitution provides for the establishment of JPSC for two or more states.
JPSCs are created by an act of parliament at the request of the state legislature concerned, thus JPSCs are statutory bodies and not constitutional bodies.
The chairman and the members are appointed by the president. They hold office for a period of 6 years or 62 years whichever is earlier.
They can be suspended or removed by the president. The number of members and condition of service is determined by the president.

Finance Commission

Article 280 provides for establishing a finance commission every 5 years by the President.
FC is required to make recommendations to the President of India on issues –
Distribution of the net proceeds of taxes between the Centre and states,
The principles of grants-in-aid to states by the Centre.
It also provides advice on any other matter referred by the president.
The commission consists of a Chairman and Four other members appointed by the President.
The constitution authorizes the parliament to fix the qualification and as per the provisions contained in the Finance Commission [Miscellaneous Provisions] Act, 1951 –

• The chairman should be a person experienced in public affairs.
• 4 Members:
  • A judge of the High Court or one qualified to be appointed.
  • One who has specialized knowledge of finance and accounts of the govt.
  • One who has wide experience in financial matters and administration.
  • One who has special knowledge of economics.

The tenure of the office of the Member of the Finance Commission is specified by the President of India and in some cases, the members are also re-appointed.
The role of FC is purely advisory in nature.

15th Finance Commission

Constituted by the President in November 2017. It is headed by N K Singh’s deliberation period from the end of 2017 to the end of October 2019. The recommendations would be applicable for the period from 2020-2025
Terms of References

• The distribution of tax proceeds between the center and states
• Principles governing grant in aid to the states
• Measures to be taken to augment the consolidated fund of states
• Review the impact of the 14th Finance Commission recommendations on the fiscal position of the center
• Review the debt level of the center and states, and recommend a roadmap
• Study the impact of GST on the economy
• Recommend performance-based incentives for states based on their efforts to control population, promote ease of doing business, and control expenditure on populist measures, among others
• If a provision of revenue deficit grants is required.

National Commission for Scheduled Castes

The national commission for scheduled castes is a constitutional body directly established under Article 338.
The 89th Constitutional Amendment Act, of 2003 bifurcated the combined national commission for SCs and STs into two separate bodies.
Apart from the Chairman, there is a Vice-chairman and three other members. Functions
Investigating and monitoring all matters relating to the constitutional and legal safeguards for the scheduled castes.
It also seeks to participate in and advise on the planning process of the socio-economic development of the SCs.
It annually presents a report to the President on the working of safeguards mentioned for the scheduled castes in the constitution.
The commission is also expected to discharge similar functions with respect to the Anglo-Indian community. The power for OBC was transferred to NCBC after it was accorded constitutional status.

National Commission for Scheduled Tribes

The national commission for scheduled tribes is a constitutional body directly established by Article 338-A
The functions include investigating and monitoring all matters relating to the constitutional and legal safeguards for the scheduled tribes.
It also seeks to participate in and advise on the planning process of socio-economic development of the STs
It annually presents a report to the President on the working of safeguards mentioned for the scheduled tribes in the constitution.
The central and state governments are required to consult NCST on matters pertaining to Scheduled Tribes.

NATIONAL COMMISSION FOR BACKWARD CLASSES (NCBC)

Originally formed in 1993 as a statutory body, NCBC was accorded constitutional status as per the 102nd Constitutional Amendment Act, 2018 which added Article 338B.

• Two Backward Class Commissions were appointed in the 1950s and 1970s under Kaka Kalelkar and B.P. Mandal respectively.
• In the Indra Sawhney case of 1992, Supreme Court directed the government to create a permanent body.

Structure of National Commission for Backward Classes

The Commission consists of five members including a Chairperson, vice-chairperson, and three other Members appointed by the President by warrant under his hand and seal.
The conditions of service and tenure of office of the Chairperson, Vice Chairperson, and other Members is determined by President.

Functions National Commission for Backward Classes

The commission considers inclusions in and exclusions from the lists of communities notified as backward for the purpose of job reservations and tenders the needful advice to the Central Government.
The organization pursuant to the amendment looks after the grievances and concerns of the other backward classes, a power earlier vested in NCSC.
It annually presents a report to the President on the working of safeguards mentioned for the other backward classes.
It has all the powers of a civil court while trying a suit.

Special Officer for Linguistic Minorities

Under Article 350-B of the constitution, there should be a special officer for Linguistic Minorities.
The role of the officer is to investigate all matters relating to the safeguards provided for linguistic minorities under the constitution.
The officer submits an annual report to the President through the Union Minister of Minority Affairs.

A list of the Constitutional Bodies in India

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