Constitutional Bodies in India

1. Election Commission (Article 324)

• Nature: Permanent and independent body, common to both Central and State governments.
• 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.
• Powers & Functions:
  • Determines electoral constituencies based on Delimitation Commission Act.
  • Prepares electoral rolls and registers voters.
  • Grants recognition to political parties and allocates symbols.
  • Advises President/Governors on 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. Number of members is at the discretion of 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 on the request of the state legislatures concerned.
• 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). This responsibility was later clarified by an amendment.
  • 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.

Anti-Defection Law: UPSC Notes

The Anti-Defection Law, enshrined in the Tenth Schedule of the Constitution, was inserted in 1985 by the 52nd Amendment Act. It lays down the process by which legislators may be disqualified on grounds of defection. The decision on disqualification is made by the Presiding Officer (Chairman/Speaker) of the respective House, and their decision is final. The law applies to both Parliament and state assemblies.

Features of Anti-Defection Law (Grounds for Disqualification)

A member of a House belonging to a political party can be disqualified if:

• Voluntarily Gives Up Membership: If a member voluntarily gives up the membership of his political party. The Supreme Court has interpreted "voluntarily giving up membership" to include implied actions, not just formal resignation.
• Votes or Abtains Against Party Directions: If he/she votes or abstains from voting in the House contrary to any direction issued by his/her political party. However, if the member has taken prior permission, or if such voting/abstention is condoned by the party within 15 days, the member shall not be disqualified.
• Independent Member Joins a Party: If an independent member joins a political party after the election. (An independent member is one elected without being sponsored by any political party).
• Nominated Member Joins a Party: If a nominated member joins a political party six months after he becomes a member of the legislature. (Nominated members have 6 months from the date of their nomination to join a political party).

Exceptions to Disqualification

The law provides for exceptions under which a defection does not lead to disqualification. These exceptions were modified by the 91st Constitutional Amendment Act, 2003, which removed the exception for 'split' (when one-third of the members of a party defected). Currently, the only major exception is related to 'merger':

• Merger: If a person (or other members) from an original political party merges with another political party, and not less than two-thirds of the members of the party in the House have agreed to such merger. In such a case, neither the members who merge nor the original party members who do not agree with the merger but decide to function as a separate group are disqualified.

Disqualification Authority

• The Chairman of the Rajya Sabha or the Speaker of the Lok Sabha/State Legislative Assembly takes the final decision on disqualifying a member.
• The law originally made the decision of the Presiding Officer final and not subject to judicial review. However, in the Kihoto Hollohan vs. Zachillhu (1992) case, the Supreme Court held that the decision of the Presiding Officer is subject to judicial review on grounds of mala fides, perversity, etc.

Significance and Criticisms of Anti-Defection Law

Significance:

• Strengthens Democracy: Aims to provide stability to governments by discouraging frequent floor-crossing.
• Curbs Political Corruption: Prevents legislators from switching parties for personal gain or inducements.
• Promotes Party Discipline: Encourages party loyalty and cohesion, essential for the functioning of the parliamentary system.
• Prevents Horse-Trading: Reduces instances of "Aaya Ram Gaya Ram" politics, where legislators frequently changed parties.

Criticisms:

• Undermines Inner-Party Democracy: Restricts the right of dissent and freedom of speech of individual legislators, making them accountable primarily to the party leadership rather than their constituents.
• Role of Presiding Officer: The fact that the Speaker/Chairman decides on disqualification raises concerns about political neutrality, as the Presiding Officer usually belongs to the ruling party.
• Ambiguity of "Voluntarily Giving Up Membership": The term is open to interpretation, leading to contentious decisions.
• No Punishment for Party Whips: While legislators are punished for violating whips, there is no provision to penalize parties for issuing unreasonable whips.
• Focus on Individual Defection, Not Collective: The merger exception allows large-scale defections if two-thirds of the members agree, which can still undermine the mandate.