Constitutional Bodies get their power and responsibilities directly from the Constitution. They are either set up by the Constitution or are required to be created by it. The Constitution clearly defines their structure, powers, and duties.
From the Election Commission, which organises elections, to the Comptroller and Auditor General, who checks government spending, these bodies play a key role in keeping our democracy strong and fair.
- Union Public Service Commission (UPSC)
The Union Public Service Commission (UPSC), established on 1 October 1926, is a permanent body created by Parliament. Its headquarters are in New Delhi, and it serves as the government''s central recruiting agency.
The UPSC has detailed guidelines for the composition, appointment, and removal of its members, as well as for its powers, functions, and independence.
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Articles
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315 to 323 in Part XIV
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Composition
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A Chairman and other members as decided by the President of India.
Generally, the UPSC is comprised of 9 to 10 members and the chairman.
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Appointed
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By the President of India.
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Tenure
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6 years or until they reach the age of 65 years, whichever comes first.
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Removal
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- By the President of India.
- In the case of ‘Misbehavior'', the President has to refer the matter to the Supreme Court for inquiry.
- If the Supreme Court finds the cause for removal and advises it, the President can remove the Chairman or a member of the UPSC.
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Powers and Functions
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- Conducts all India exams to appoint candidates to national, central, and public services.
- Coordinates joint recruitment schemes for which the candidates have special qualifications.
- Resolves recruitment method issues for civil services and posts. Assists states upon request from the Governor or as directed by the President.
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- State Public Service Commission (SPSC)
The State Public Service Commissions are similar to the Union Public Service Commission (UPSC). The key difference is that the UPSC operates at the national level, while each state has its own Public Service Commission for appointments to various constitutional posts within the state.
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Articles
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315 to 323 in Part XIV
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Composition
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A Chairman and other members as decided by the President of India.
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Appointed
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By the Governor of the state.
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Tenure
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6 years or until they reach the age of 62 years, whichever comes first.
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Removal
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- By the President of India.
- In the case of ‘Misbehavior'', the President has to refer the matter to the Supreme Court for inquiry.
- If the Supreme Court finds the cause for removal and advises it, the President can remove the Chairman or a member of the UPSC.
Note: Though the Chairman and the members are appointed by the Governor, they can be removed only by the President.
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Powers and Functions
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- Conducts the exams to appoint Civil servants for the states.
- Consulted by state personnel management for civil post and service recruitment.
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- Attorney General of India (AGI)
The Attorney General of India is the highest law officer in the country, advising the Union government on all legal matters, and thus can be considered the Union''s legal advisor. This position was established on 28 January 1950, with M. C. Setalvad serving as the first Attorney General of India.
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Articles
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76, 88 and 105
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Eligibility
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Must be the person who is qualified enough to be appointed as a judge of the Supreme Court.
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Appointed
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By the President of India.
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Term and removal
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- No fixed tenure and grounds of dismissal are mentioned in the Constitution.
- He can be removed by the President at any time.
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Powers and Functions
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- Advises the Government of India on legal matters which are referred to him by the President of India.
- Performs all other legal duties that are important and assigned by the President.
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- Advocate General of the State (AGS)
The Advocate General is the highest legal officer of the state of India. However, they cannot defend someone in criminal cases or be a director of any business without approval from the State Government.
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Articles
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165,177 and 194
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Eligibility
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Must be eligible to serve as a Justice in the Supreme Court of India. This means he must be an Indian citizen who has either been a judge for ten years or a high court advocate for ten years.
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Appointed
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By the Governor of state.
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Term and removal
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- No fixed tenure and grounds of dismissal are mentioned in the Constitution.
- He can be removed by the Governor at any time
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Powers and Functions
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- Defends the State Government in front of the High Court and Supreme Court.
- At the proceedings of both the houses of the state legislature or any state legislature committee, the Advocate General can take part as a member without the right to vote.
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- Election Commission of India (ECI)
The Election Commission of India (ECI) was established on 25 January 1950, which is celebrated as National Voters'' Day. Its headquarters are in New Delhi. The ECI is responsible for conducting free and fair elections in India and has the power to supervise, direct, and control elections to Parliament, State Legislatures, and the offices of the President and Vice-President of India.
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Article
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324
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Composition
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- One Chief Election Commissioner and the number of other Election Commissioners as decided by the President of India.
- Currently, there are 1 chief election commissioner and 2 election commissioners.
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Appointed
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By the President of India on the recommendation of a three-membered Selection Committee:
– The Prime Minister of India
– A Union Minister is chosen by the Prime Minister
– The Leader of Opposition in the Lok Sabha
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Tenure
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6 years or until they reach the age of 65 years, whichever comes first.
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Removal
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- The Chief Election Commissioner can be removed following the same process and for the same grounds as a Supreme Court judge.
- Other Election Commissioners can be removed based on the Chief Election Commissioner''s recommendation.
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Powers and Functions
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- Determines the territorial areas for elections throughout the country.
- Power to cancel the polls if offences like capturing violence and other irregularities are found.
- Advise the Governor on matters related to the disqualification of the members.
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- Comptroller and Auditor General of India (CAG)
The Comptroller and Auditor General (CAG) of India is the supreme audit institution in the country, overseeing the expenses of both state and union governments. The CAG is also the statutory auditor for the Lokpal. Ranked 9th in order of precedence, the CAG holds the same status as a sitting judge of the Supreme Court of India.
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Articles
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148 to 151
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Appointed
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By the President of India.
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Tenure
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6 years or up to the age of 65 years, whichever comes first.
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Removal
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By the President on the same grounds and in the same manner as the Supreme Court judge.
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Powers and Functions
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- Audits the accounts related to expenditures from India''s consolidated funds, contingency funds, and public accounts.
- Monitors the manufacturing trading balance sheet profit and loss accounts of all the central and state government departments.
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- Finance Commission of India (FCI)
The Finance Commission, aka Vitta Āyoga, was set up on 22 November 1951. Its main job is to divide revenue between the Union and State governments. The goal of creating the Finance Commission was to keep good financial relations between the Centre and the States.
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Article
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280
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Composition
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1 Chairman and 4 other members.
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Appointed
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By the President of India.
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Tenure
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Specified by the President in his/her order.
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Eligibility
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Decided by the Parliament.
The chairperson must have experience in public affairs and sound knowledge of financial issues.
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Power and Functions
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- Distribute the net proceeds of taxes among the state and centre.
- Decides the sharing of taxes by the Centre and States.
- Has power equal to that of the Civil Court.
- Any other matter referred by the President in the interests of sound finance.
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- Goods and Services Tax Council (GST Council)
The Goods and Services Tax (GST) was a major change introduced by the 101st Amendment Act 2016. For GST to work well, both the central and state governments need to work together and coordinate effectively.
The GST Council''s secretariat is located in New Delhi, and the Union Revenue Secretary serves as the ex-officio secretary.
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Article
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279-A
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Composition
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- The Union Finance Minister acts as the Chairperson.
- The Union Minister of State is responsible for Revenue or Finance.
- The Finance or Taxation Minister or any other Minister appointed by each State Government.
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Power and Functions
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Recommends to the central and state governments on these matters:
- which taxes, cesses, and surcharges by the central, state, and local governments should be included in GST.
- which goods and services should be taxed under GST and which should be exempt.
- standard GST laws, rules on how GST is charged, how GST collected from inter-state trade is shared, and rules on where goods and services are considered to be supplied.
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- National Commission for Scheduled Castes (NCSC)
The National Commission for Scheduled Castes was created on 19 February 2004, replacing the earlier National Commission for Scheduled Castes and Scheduled Tribes established in 1978.
It was set up to support and protect the Scheduled Castes in India, aiming to prevent discrimination and exploitation and to help improve their lives.
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Article
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338
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Composition
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Consists of 5 members: 1 Chairperson, 1 Vice-Chairperson, and 3 other members.
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Appointed
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By the President of India.
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Tenure
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3 years
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Power and Functions
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- Investigate and monitor all issues related to legal protections for Scheduled Castes.
- Handles specific complaints about the deprivation of rights of Scheduled Castes.
- Actively participates in planning and evaluating the social and economic development of Scheduled Castes in each state.
- Carries out similar functions for the welfare and protection of Scheduled Castes as specified by the President.
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Click on the link to read about how SC/ ST are decided in India.
- National Commission for Scheduled Tribes (NCST)
The National Commission for Scheduled Tribes was created by the Constitution (89th Amendment) Act in 2003 and was officially formed on 19 February 2004. It was established under Article 338A after splitting from the previous National Commission for Scheduled Castes and Scheduled Tribes.
The NCST is responsible for ensuring the implementation of various protections for Scheduled Tribes provided by the Constitution.
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Article
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338-A
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Composition
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Consists of 5 members: 1 Chairperson, 1 Vice-Chairperson, and 3 other members(including one female Member)
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Appointed
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By the President of India.
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Tenure
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3 years
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Power and Functions
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- Addresses issues related to Scheduled Tribes and resolves them at both state and national levels.
- Provide protections to prevent the exploitation of Scheduled Tribes and to safeguard their social, economic, educational, and cultural interests.
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If you want to read about the Act, which was enacted to prevent atrocities against individuals belonging to SC and ST, then click Here.
- National Commission for Backward Classes (NCBC)
The National Commission for Backward Classes was created in 1993 under the Ministry of Social Justice and Empowerment through the National Commission for Backward Classes Act. Its purpose is to identify and address the economic and social challenges faced by backward classes and suggest solutions to overcome these issues.
The commission resulted from Indra Sawhney & Others v. Union of India. In 1992, the Supreme Court of India directed the Government of India and others to create a permanent body that would handle requests and complaints about adding or removing groups from the list of Other Backward Classes (OBCs). The Court also stated that only social and educational backwardness, not economic status, should be considered for this purpose.
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Article
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338-B
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Composition
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Consists of 5 members: 1 Chairperson, 1 Vice-Chairperson, and 3 other members.
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Appointed
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By the President of India.
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Tenure
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3 years
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Power and Functions
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- Helps economically and socially backward people by handling their complaints and taking necessary action.
- Prepares reports on the welfare and rights of socially and economically backward classes and submits them to the President.
- Protects socially and educationally backward classes from exploitation and ensures their interests in education, culture, and economics.
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- Special Officer for Linguistic Minorities (CLM)
The Special Officer for Linguistic Minorities (CLM) was established under the 7th Constitutional Amendment Act of 1956 and is part of the Ministry of Minority Affairs.
Linguistic minorities at the state, district, and taluka/tehsil levels are groups of people whose mother tongues differ from the principal language of the respective state, district, or taluka/tehsil.
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Article
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350-B
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Composition
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One membered body
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Appointed
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By the President of India.
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Tenure
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The Constitution does not specify qualifications, tenure, salaries, and procedures for removal.
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Headquarters
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Headquarters – New Delhi
Regional Offices: Belgaum, Chennai, Kolkata
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Power and Functions
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- Look into issues concerning protections for language minorities.
- Send reports to the President about how well the safeguards for language minorities are followed.
- Keep an eye on the safeguards by using surveys, visits, meetings, and other methods.
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Constitutional bodies work according to specific articles in the Constitution, focusing on various aspects of the country''s development and governance. India''s different constitutional bodies, each with unique roles important for the nation''s progress. These bodies are empowered by the constitution with special authority and responsibilities.
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