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Constitutional bodies in India

Constitutional bodies in India are the bodies or institutes that have its name mentioned in Indian constitution. It derives power directly from the constitution. Any type of change in mechanism of these bodies needs constitutional amendment.

They are as follows:

1. Attorney General
Articles 76
Tenure and Removal Holds office during the pleasure of President.
Further Appointment YES
Powers
  • Has privileges of a MP,
  • Right of audience in all courts in the territory of India,
  • Can attend both houses of parliament, joint sitting of parliament (but NOT entitled right to vote)
2. Comptroller and Auditor General (CAG )
Articles 148
Tenure and Removal
  • Holds office for 6yrs or 65 years age(whichever is earlier)
  • Removal as same as that of SC Judge
Further Appointment NO
Powers
  • Audits the accounts related to Consolidated fund of India and states (UTs with legislative assemblies), Contingency fund as well as Public accounts fund of centre and states.
  • Advisory  role regarding accounts to president
Additional Information His certification regarding net proceeds of any tax or duty is final.
3. Election Commission
Articles 324
Composition Chief Election Commissioner + Other commissioners (appointed by President)
Tenure and Removal Determined by President (presently 65 yrs age or 6yrs, whichever is earlier.)
Further Appointment YES
Powers
  • Conducting free and fair elections.
  • Limits on poll expenses
  • Registration of political parties.
4. Finance Commission
Articles 280
Composition Chairman (Experience in public affairs) + 4 members (Judges of HC, specialized knowledge of economics, accounts and finances of Govt.)
Further Appointment YES
Powers
  • Distribution of net proceeds of taxes between Centre and the States, to be divided as per their respective contributions to the taxes.
  • Determine factors governing Grants-in Aid to the states and the magnitude of the same.
  • To make recommendations to president as to the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Panchayats and municipalities in the state on the basis of the recommendations made by the Finance Commission of the state.
Additional Information It takes into consideration both capital and revenue requirements of state in formulating devolution
5. National Commission for SC’s
Articles 338
Composition Chairman , Vice Chairman, Three others
Tenure and Removal For a term of three years. Pleasure of president
Further Appointment YES
Powers Quasi-judicial body

It  Monitors and reports working of constitutional safeguards for SC’s (including OBC’s and ST’s)

While investigation and inquiry, has all the powers of a civil court

6. National Commission for ST’s
Articles 338-A
Composition Chairman , Vice Chairman, Three others
Tenure and Removal For a term of three years. Pleasure of president
Further Appointment YES
Powers Quasi-judicial body

It  Monitors and reports working of constitutional safeguards for ST’s (including OBC’s and SC’s)

While investigation and inquiry, has all the powers of a civil court

7. Special officer for Linguistic Minorities
Articles 350B
Composition Commissioner assisted by deputy commissioner and assistant commissioner
Tenure and Removal Not mentioned by Constitution. Pleasure of president.
Further Appointment YES
Powers Monitors and reports working of constitutional safeguards for linguistic minorities
8. Union Public Service Commission
Articles 315 – 323
Composition 9 – 11 members including Chairman.
Tenure and Removal 65 yrs of age / 6 yrs of service (whichever is earlier).
Further Appointment They are eligible only for appointment within SPSC and UPSC (Chairman of UPSC is not eligible for another term)
Powers Advisory powers, recruitment of All India Services, Central services, public services of centrally administered territories.
9. State Public Service Commission
Articles 315-323
Tenure and Removal 62yrs of age/6 yrs of service (whichever is earlier) Appointed by Govt.

 

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