Constitutional Bodies in India

Constitutional Bodies in India

1. Election Commission (Article 324)

  • Nature: Permanent and independent body.
  • Composition: Chief Election Commissioner (CEC) and other Election Commissioners (ECs) determined by the President.
  • Appointment: President appoints CEC and ECs.
  • Tenure: Hold office for 6 years or until they attain 65 years of age, whichever is earlier.
  • Removal: CEC removed like a Supreme Court Judge. ECs can be removed by the President on the recommendation of the CEC.
  • Functions:
    • Conducts elections for Parliament, State Legislatures, and offices of President and Vice-President.
    • Prepares electoral rolls and registers eligible voters.
    • Grants recognition to political parties and allocates election symbols.
    • Advises the President and Governors on matters related to disqualification of members.
    • Supervises election machinery for free and fair elections.

2. Union Public Service Commission (UPSC) & Joint State Public Service Commission (JSPSC) (Articles 315-323)

Union Public Service Commission (UPSC)

  • Nature: Central recruiting agency and "watchdog of merit system".
  • Composition: Chairman and other members appointed by the President.
  • Tenure: Hold office for 6 years or until they attain 65 years of age, whichever is earlier.
  • Removal: By the President on grounds of misbehavior (after Supreme Court inquiry), insolvency, engaging in paid employment outside office, or infirmity of mind/body.
  • Functions:
    • Conducts examinations for appointments to All-India Services, Central Services, and public services of centrally administered territories.
    • Assists states in recruiting candidates for special qualifications (if requested).
    • Consulted on matters related to recruitment, promotions, transfers, disciplinary matters, and claims for legal expenses for civil servants.
    • Submits an annual performance report to the President.

Joint State Public Service Commission (JSPSC)

  • Nature: Constitutional body for two or more states, created by an act of Parliament.
  • Composition: Chairman and members appointed by the President.
  • Tenure: Hold office for 6 years or until they attain 62 years of age, whichever is earlier.
  • Removal: By the President.
  • Report: Submits its annual performance report to each concerned state Governor.

3. National Commission for Scheduled Castes (NCSC) (Article 338)

  • Nature: Constitutional body.
  • Composition: Chairperson, Vice-Chairperson, and three other members appointed by the President.
  • Functions:
    • Investigates and monitors all matters relating to safeguards for SCs.
    • Inquires into specific complaints regarding deprivation of rights and safeguards of SCs.
    • Participates and advises on the planning process of socio-economic development of SCs.
    • Presents annual reports to the President on the working of safeguards.
  • Powers: Has powers of a civil court while investigating matters.

4. National Commission for Scheduled Tribes (NCST) (Article 338-A)

  • Nature: Constitutional body (bifurcated from NCSC by 89th Amendment Act, 2003).
  • Composition: Chairperson, Vice-Chairperson, and three other members appointed by the President.
  • Functions: Similar to NCSC, but specifically for Scheduled Tribes. Investigates and monitors safeguards, inquires into complaints, participates in socio-economic development planning, and presents annual reports to the President.
  • Powers: Has powers of a civil court.

5. National Commission for Backward Classes (NCBC) (Article 338-B)

  • Nature: Constitutional body (granted constitutional status by 102nd Amendment Act, 2018).
  • Functions:
    • Examines complaints and welfare measures for socially and educationally backward classes.
    • Not empowered to look into grievances of persons of Other Backward Classes (OBCs) which continues to be vested with the National Commission for Scheduled Castes (NCSC).
    • Central and state governments consult NCBC on major policy matters affecting socially and educationally backward classes.
    • Presents annual reports to the President on the working of safeguards for backward classes.
  • Powers: Has powers of a civil court.

6. Finance Commission (Article 280)

  • Nature: Quasi-judicial body, constituted by the President every five years (or earlier).
  • Composition: Chairman (experience in public affairs) and four other members (appointed by the President). Members typically have expertise in finance, accounts, economics, or as a High Court judge.
  • Functions: Recommends to the President on:
    • Distribution of net proceeds of taxes between Union and States.
    • Principles governing grants-in-aid to states from the Consolidated Fund of India.
    • Measures to augment the Consolidated Fund of a state to supplement resources of Panchayats and Municipalities.
    • Any other matter referred by the President in the interest of sound finance.

7. Attorney-General of India (Article 76)

  • Nature: Chief legal advisor to the Government of India, the first Law Officer of the Government.
  • Appointment: Appointed by the President. Must be qualified to be appointed a Judge of the Supreme Court.
  • Tenure: Holds office during the pleasure of the President. (No fixed term).
  • Removal: No specific grounds or procedure for his removal mentioned in the Constitution.
  • Functions:
    • Advises the Government of India on legal matters.
    • Performs other legal duties assigned by the President.
    • Has the right of audience in all courts in the territory of India.
    • Can attend Parliament proceedings (but without voting right).
  • Note: Not a government servant and not debarred from private legal practice. Assisted by Solicitor General and Additional Solicitors-General.

8. Special Officer for Linguistic Minorities (Article 350-B)

  • Nature: Not in original Constitution. Inserted by the 7th Constitutional Amendment Act, 1956, based on the States Reorganisation Commission (1953-55) recommendation.
  • Designation: Commissioner for Linguistic Minorities.
  • Appointment: Appointed by the President.
  • Office Location: Falls under the Ministry of Minority Affairs.
  • Functions:
    • Investigates all matters relating to safeguards for linguistic minorities provided under the Constitution.
    • Reports to the President, who places reports before Parliament and sends them to the concerned state governments.
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