Which are the Constitutional Bodies in India?

By Sakshi Chhabra

Introduction

A Constitutional body is a body which is established by the Constitution of India. Such Constitutional bodies can only be created or changed after a Constitutional Amendment bill is passed and not by a regular government bill or a private bill.

The powers and authorities for the Constitutional bodies are derived from the Indian Constitution. These bodies are considered more prestigious, powerful and supreme than any other organisations or institutions present in India.

Thus, if any change is to be made in the powers of functions related to such bodies a Constitutional amendment is required.

In India, the Constitutional bodies hold permanent or semi-permanent position within the machinery of the government. these bodies are responsible to carry out executive functions for the proper administration of the Government.

The Indian constitution empowers the President of India to make such Constitutional appointments. But the President exercises this power only after a proposal is made by the Cabinet, it is the duty of the Cabinet to decide who is to be appointed and at what position.

These appointments are generally decided by the Cabinet and then it is discussed with the Prime Minister before making such appointments.

Hence, Constitutional bodies in India are established by the Constitution in order to assist the government to operate efficiently and effectively.

List of Appointments of Constitutional bodies –

• Attorney general. (Article 76)
• Comptroller and Auditor General of India. (Article148)
• Advocate General. (Article 165)
• Finance Commission. (Article 280)
• Goods and Service tax Council. (Article 279A)
• Union Public Service Commission. (Article 315-323)
• State Public Service Commission. (Article 315-323)
• Election Commission. (Article 324)
• Metropolitan planning Committee. (Article 243ZE)
• Inter-state Council. (Article 263)
• National Commission for schedule castes. (Article 338)
• National Commission for schedule tribes. (Article 338A)
• National Commission for backward classes. (Article 338B)
• Special Officer for Linguistic Minorities. (Article 350B)

Attorney General

Appointment: According to this Article, it is the President who appoints a person who is eligible or who is qualified to be appointed as the Judge of the Supreme Court and to be termed as Attorney General of India. The Attorney General is considered as the highest law officer of India. He is regarded as a chief legal adviser to the Government of India.

Term of Attorney General’s office: No fixed term is mentioned for the Attorney General of India in the Indian Constitution. Certain reasons due to which the tenure of the Attorney General can end are as follows: –

• Can be removed by the president at any given time due to uncertain circumstances.
• Can quit from his position by submitting the resignation only to the President.
• Since the appointment is made by the President on the advice given by the Council of Ministers, the Attorney General can be removed if the council is dissolved or replaced.

Duty of Attorney General of India:

• It is the duty of the Attorney General to give legal advice to the Government of India on legal matters referred to him.
• It is the duty of the Attorney General to perform such other duties of a legal character as may be referred to him or assigned to him by the President.
• To discharge the functions conferred on him under the Constitution of India or under any other law in force.
• To appear in the Supreme Court on behalf of the Government of India in cases concerning the Government.
• To represent the Government of India in such references made to the Supreme Court by the President of India under article 143 of Indian Constitution.

Limitations to the Attorney General of India:

• He is not entitled to advice or hold any grief against the Government of India.
• He should not defend the accused people in the criminal prosecutions without the permission of the Government of India.
• He is not entitled to accept any appointment as a director in any company or corporation without the permission of the Government of India.

Comptroller and Auditor General of India

Appointment: Comptroller and Auditor General of India must be appointed by the President by a warrant under his hand and seal and can only be removed from office on like grounds as a Judge of the Supreme Court. The CAG holds office for a period of six years or up to the age of 65 years whichever is earlier.

The salary and other conditions of service of the Comptroller and Auditor General of India is to be determined by the parliament by law and until they are so determined, it is specified in the Second Schedule.

Independence of Comptroller and Auditor General of India:

• The CAG is provided with the security of tenure itself.
• The rights of the CAG cannot be altered due to disadvantages after his appointment.
• All kinds of expenses of the office of CAG are managed by the Consolidated Fund of India.

Duties of Comptroller and Auditor General of India:

• It is the duty of the CAG to audit all the transactions of the Central Government and the State Government related to debts, deposits, funds, etc.
• To audit all the accounts related to the expenses from the Consolidated Fund of India or the State and the Union territories.
• To audit the expenditure from the contingency fund and public account of India and States is the duty of the CAG.
• To advise the President of India regarding the prescription of the form as to how the records of the Centre and state shall be maintained.
• To submit three audit reports to the President, Audit report on appropriation accounts, Audit report of the financial accounts and Audit report regarding public undertakings.

Advocate General

Appointment: Article 165 of the Indian Constitution provides for the appointment of Advocate General for the state. The Advocate General is considered as the highest law officer of the state and is appointed by the Governor. Any person qualified to be a Judge of the High Court can hold office of Advocate General.

The eligibility criteria for such appointment are as follows: –

• The person must be a citizen of India.
• The person must be eligible to be appointed as the Judge of the High Court of a particular state and must have the following criteria.

1. A barrister having experience of more than five years.
2. A pleader over ten years in any High Court.
3. A civil servant having experience of more than ten years.
4. A civil servant in Zila Court having experience of at least three years.

Duties of Advocate General:

• To advice the Government of the state on any matters referred to him by the Governor.
• To perform the functions which are conferred upon him by the Indian Constitution.
• The Advocate General has the right to take part as well as speak in the proceedings of both the houses of the legislature of the state.
• To perform all the legal duties which are assigned to him by the Governor of the state.

Removal of Advocate General of the state:

• No fix term is mentioned for the Advocate General in the Indian Constitution. The Advocate General holds office during the pleasure of the Governor.
• The Governor of the state can remove the Advocate General at any given point of time.
• The Advocate General can also resign by submitting a resignation to the Governor of the state.
• The Advocate General is also removed when a Council of Ministers of a particular state Government resigns.

Finance Commission

Appointment: Article 280 of the Indian Constitution provides for a Finance Commission which is to be constituted every 5th year. It recommends to the President certain measures relating to the distribution of the financial resources of the country between the Union and the States.

The President of India constitutes the Finance Commission in every five years or sometimes even earlier as the President of India deems fit.

Composition of the Finance Commission: The Finance Commission consists of: –

• A Chairman, who must have experience in public affairs and
• Four other members who should be selected from the following criteria,

1. A High Court judge or a person who is qualified to be appointed as one.
2. A person having special knowledge of the finance an account of the government.
3. A person having great experience relating to financial matters as well as administration.
4. A person having special knowledge of economics.

• The qualification and manner for such appointments as member of the Finance Commission may be determined by the Parliament only.

Functions of the Finance Commission:

• To make recommendations to the President of India regarding the distribution between the Union and the States of the net proceeds of the taxes.
• To make recommendations to the President as to the principles which should govern the grants-in-aid of the revenues of the states out of the Consolidated Fund of India.
• To help the President in any other matter referred to the Finance Commission by the President of India.
• To suggest measures data needed to augment the Consolidated Fund of the state to supplement the resources of the municipalities in the state.

Goods and Service tax Council

Formation:

• In the 101^ST amendment act of 2016, a new tax regime in the country was formed that was known as the Goods and Service Tax Council.
• The Goods and Service Tax Council was formed under Article 279-A of the Indian Constitution.
• This Council was formed to consolidate the taxation process in the country.
• The function of this Council was to make recommendations to the Centre as well as the state government regarding GST (Goods and Services Tax).
• It is considered as a federal body because it has representation from both the Centre as well as the State.

Composition of the Goods and Service Tax Council:

• Union finance minister as the Chairperson of the Council.
• Union minister of the state as in charge of revenue or finance.
• The minister in-charge of finance or taxation or any other minister nominated by each of the Government of the state.

Working Process:

• The decision of the council is taken by a majority consisting of not less than 3/4th of the total number of votes casted by the members present at the meeting.
• The votes of all the Governments of the state combined shall have a weightage of 2/3rd of the total number of votes casted in the meeting.
• The weightage of the vote of the Central Government is 1/3rd of the total number of votes and the weightage of the votes of the State Government is 2/3rd of the total numbers of votes.

Union Public Service Commission

Appointment: The Union Public Service Commission is a Constitutional body which has the power to conduct different exams in the country for appointment to the services of the union and the services of the state.

A member of the Union Public Service Commission holds the office for a period of five years or up to the age of 65 years, whichever is earlier.

The member of the Union Public Service Commission can resign from the office or can be removed from the office on the ground of misbehaviour after an inquiry is made by the Supreme Court on any such allegations. The total number of members in this Commission is approximately 9 to 11 including the Chairman of the Commission.

Removal: A member or the Chairman of the Union Public Service Commission may be removed from the office by the President without any reference to the Supreme Court due to the following reasons: –

• If the person is adjudged an insolvent.
• If the person accepts any other paid employment during the tenure of his office.
• If the President thinks that the person is unfit by reason of infirmity of mind or body.
• If any allegation of misbehaviour is found.

Once such removal is made no re-appointment for such a person is considered as well as they are not even considered for any appointment under the Central Government.

Functions of the Union Public Service Commission:

• The Union Public Service Commission conduct examination for the appointment to the services of the union.
• To assist the state in framing and operating schemes of joint recruitment for any services for which candidates having special qualifications are required.
• To deal with the disciplinary matters affecting the civil capacity of a person.
• To handle matters regarding any claim for a word of a pension in respect of injuries sustained by a person during service under Government of India.

State Public Service Commission

Appointment:

• Just as Union Public Service Commission is situated at the Centre, there is a State Public Service Commission present in every state.
• Articles 315-323 in part XIV of the Indian Constitution provides for the provisions of the State Public Service Commission.
• It is considered as the watchdog of the merit system in a particular state.
• The State Public Service Commission consist of a chairman as well as other members who are appointed by the Governor of the state. The number of the other members is decided by the Governor.
• The term of office for this Commission is six years or up to the age of sixty-two years, whichever is earlier.

Independence of the Commission:

• The State Public Service Commission ensures security of tenure.
• Condition of services cannot be varied after an appointment is made.
• Entire expenses are made by the consolidated fund of the state.
• The chairman of this Commission is not eligible for undertaking any other employment under the Government of India or the Government of the state.

Duties of the State Public Service Commission:

• To conduct examination for making appointments to the services of the state.
• To deal in all disciplinary matters on the state level.
• To deal in matters related to personnel management.
• To present a report to the Governor regarding the work done by the Commission.

Election Commission

Appointment:

• Article 324 of the Indian Constitution deals with the appointment of Election Commission.
• The election Commission is a permanent and independent autonomous body.
• It consists of a Chief Election Commissioner along with other election commissioners. The appointment of the Chief Election Commissioner and the other commissioners is done by the President of India.
• Regional election commissioners are also appointed in consultation with the Election Commission.
• At present Election Commission consist of a Chief Election Commissioner and two election commissioners.
• The term of office is six years or up to the age of sixty-five years, whichever is earlier.

Functions of the Election Commission:

• To control the process of conducting elections of the parliament and of the legislature of every state.
• To decide the schedules of the elections for conducting the timely elections, whether general or bye-elections.
• To decide the location of the polling stations, assigning the number of voters to the polling station, deciding the location for counting centres, making all the necessary arrangements around the polling stations, and counting centres in a dignified manner.
• To prepare electoral roll.
• To grant legal recognition to the political parties and to allot symbols to each of the party.
• To set limits regarding the campaign expenditure as well as setting rules for the campaigns carried out by the political parties.
• To advise the President of India on the question of disqualification of any member of the Parliament.
• Conducting elections to the office of President as well as Vice President.

Powers of the Election Commission:

• Preparing the electoral rolls as well as registering all the eligible voters of the country.
• Setting the date of elections and scrutinising the nomination papers.
• Appointing officers to handle the disputes relating to the electoral arrangements.
• Setting a code of conduct to be followed by the political parties during elections.
• Cancelling voting polls in case of violence, breach, or any other irregularities.
• Supervising the machinery of elections to ensure free and fair elections.

Metropolitan planning Committee

• The constitution of India mandates for every metropolitan area to have a metropolitan planning committee.
• Article 243ZE deals with the provisions for the metropolitan planning committee.
• This Commission is created to ensure proper planning for the entire metropolitan area.
• The composition and functions are decided by the concerned legislature of the state.
• Election of the chairperson and other members is done by the legislature of the state.
• The Metropolitan planning Committee is created to ensure integrated planning for the entire metropolitan area.
• The metropolitan planning committee must prepare drafts and development plans regarding the metropolitan area.
• The functions relating to the planning and co-ordination is done by this committee.
• While preparing any draft, the Metropolitan planning Committee shall consider:

1. Taking into consideration the plans drafted by the municipalities as well as the panchayats in the metropolitan area.
2. Discussing the priorities of the Centre as well as the concerned metropolitan area.
3. Number of investments to be made for development in the metropolitan area.
4. Infrastructure development and conservation of environment.
5. Discussing the matters of common interests between the rural and the urban local bodies
6. Drafting plans for making the necessary developments in the concerned metropolitan area

Inter-state Council

Appointment: Article 263 of the Indian Constitution deals with the provision for the establishment of an Inter-state Council. This was done to enhance the coordination between the Centre as well as the state.

The Inter-state council is a dynamic platform to discuss the policies and to strengthen the relations between the Centre and the state. The decision of the Inter-state Council is advisory in nature and not binding.

The President of India establishes the inter State Council and has the power to define its duties. The council works as a binding instrument for co-operation co-ordination and evolution.

Functions:

• To inquire and resolve disputes which have emerged between states.
• To investigate and discuss subjects in which there is a common interest of the State of the Union.
• To make suggestions for the betterment of the state and to suggest better co-ordination policies.

Members of the Inter-state Council:

• Prime Minister as the chairman.
• Chief ministers of all the states.
• Chief ministers of Union Territories with a legislative assembly.
• Council of Ministers nominated by the Prime Minister.
• Six cabinet ministers nominated by the Prime Minister.
• Governors of the state administered under the Presidents rule.
• Administrators of Union Territories having no legislative assembly.

National Commission for schedule castes

Appointment:

• Article 338 of the Indian Constitution provides for the establishment of a national Commission for schedule castes.
• It is a Constitutional body to protect the interests of the scheduled caste in India.
• It offers the schedule cast protection from discrimination as well as exploitation.
• It uplifts the community of the schedule castes.
• Previously there was only a single Commission for the scheduled castes and the scheduled tribes. However, after the 89th Constitutional Amendment act two separate National Commissions were formed.
• National Commission for schedule castes was established in the year 2004.

Functions:

• To investigate issues regarding various safeguards provided for the schedule castes under the Indian Constitution.
• To investigate the complaints related to the deprivation of the rights of the schedule caste.
• To actively participate in the planning process of socio-economic development for the scheduled caste.
• To regularly submit reports to the president of India regarding the implementation of the safeguards.
• To make recommendations on steps to be taken for the development and protection of welfare of the schedule caste.
• To discharge any other functions specified by the President of India.

Composition of National Commission for Scheduled castes:

• Chairperson and a vice chairperson.
• Three other members who are appointed by the President of India by warrant under his hand and seal.
• The President of India has the power to determine their tenure and the conditions of service.

National Commission for Scheduled tribes

Appointment: The National Commission for scheduled tribe was established under Article 338A of the Indian Constitution. This Commission works for the economic development of the scheduled tribes in India.

Scheduled tribes are those tribes or tribal communities or part of groups within the tribes and tribal communities which have been declared by the president of India through a public notification.

Essential characteristics of scheduled tribes are: –

• Primitive trades,
• Different culture,
• Economically backward,
• No representation with the larger community and
• Geographical isolation.

Functions:

• To investigate the matters relating to safeguarding the interests of the scheduled tribes.
• To investigate the complaints violating the rights of the scheduled tribes.
• To prepare an annual report regarding the working of safeguard for the scheduled tribes.
• To advice on the measures to be taken for the socio-economic development of the scheduled tribes.

Composition: The National Commission for schedule tribe consist of one chairperson and one vice chairperson along with three full time members of the Commission. Out of the other three members one of them should mandatorily be a lady member. All the members of the Commission can hold office for a tenure of three years.

National Commission for Backward Classes

Appointment:

• Article 338B provide for the establishment of National Commission for backward classes.
• This Commission was formed to investigate the conditions and difficulties faced by the backward classes of the society.
• National Commission for backward class was made a Constitutional body by the 102nd Constitutional Amendment act 2018.
• Previously the National Commission for backward classes was just a statutory body which was formed through the National Commission for backward classes act, 1993.

Powers:

• To monitor all the matters of the socially and educationally backward classes.
• To protect the welfare of the backward class community.
• To make recommendations for the development of the socially backward classes.
• To submit all the reports relating to the matters of the backward classes.
• National Commission for backward classes is responsible for the protection, development and welfare of the people belonging to the backward classes.

Benefits:

• Ensuring justice to the backward classes of the society.
• Highlighting the concerns of the backward classes.
• Providing Equality to the backward classes of the society.
• Helping the backward classes to fight atrocities against them.
• Bringing the National Commission of backward class on par along with the National Commission for scheduled castes and the National Commission for scheduled tribes.

Special Officer for Linguistic Minorities

Appointment:

• Special officer for linguistic minorities is an officer who is appointed by the President of India.
• This provision falls under article 350B off part XIV of the Indian Constitution.
• A linguistic minority is basically a class of people whose mother tongue is different from that of the majority in a particular state.
• To ensure protection to the linguistic minorities a special officer is appointed.
• The special officer for linguistic minorities must report directly to the President.
• The establishment of this office was recommended by the States reorganisation Commission.

Objectives:

• To provide equal opportunities to the linguistic minorities for development as well as national integration.
• To spread awareness among the linguistic minorities about their rights.
• To safeguard the rights as well as welfare of the linguistic minorities.
• To ensure effective implementation of the rights guaranteed by the Constitution of India.

Reference:

clearias.com (last visited on 15^th June 2021)

byjus.com (last visited on 14^th June 2021)

civilserviceindia.com (last visited on 14th June 2021)