Constitutional Bodies of India

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Constitutional Bodies of India

1. Attorney General of India
Attorney General of India is appointed by the President of India under Article 76(1) of the Constitution and holds office till the pleasure of the President. He must be a person qualified to be appointed as a Judge of the Supreme Court.

Article 76 and 78 of the Indian constitution, envisages that there should be an Attorney General of India. The Attorney General of India is the highest law officer of the country. He is responsible to assist the Central government in its all legal matters.


2. Comptroller and Auditor General of India

introduction of CAG: the indian audit and acount department was created during the british rule in 1753.

comptroller and auditor general of india is the constitutional body under the article -148 provided an independent office .he is the head of the indian account and audit department . he is the guardian of the public purse and controls the entire financial system of the country both state and union level. he is the one of the constitutional watchdog .

 

3. Special Officer for linguistic Minorities
Article 350B of the Constitution provides for the appointment by the President of a Special Officer for Linguistic Minorities.

This Officer is known as the National Commissioner Linguistic Minorities. It is his duty to investigate all matters relating to safeguards provided for the linguistic minorities and report to the President at such intervals as may be fixed. Annual reports are presented to the President by him through the Minister of Minority Affairs. They are laid on the table of both Houses of Parliament.

4. Advocate General of the State
The Advocate General is the highest law officer in the state. He is responsible to assist the state government in all its legal matters. He defends and protects the interest of the state government. The office of the Advocate General in state corresponds to the office of Attorney General of India.

The Governor of each State shall appoint a person who is qualified to be appointed as a Judge of a High Court to be Advocate General for the State. That means, he should be a citizen of India and should have held a judicial office for ten years or been an advocate of a high court for ten years. He can be removed by the governor at any time. There is no procedure or ground mentioned in the constitution for his removal.

5. National Commission for STs
On the 89th Amendment of the Constitution coming into force on 19 February 2004, the National Commission for Scheduled Tribes has been set up under Article 338A on bifurcation of erstwhile National Commission for Scheduled Castes and Scheduled Tribes to oversee the implementation of various safeguards provided to Scheduled Tribes under the Constitution.

With this amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely- (i) the National Commission for Scheduled Castes (NCSC), and (ii) the National Commission for Scheduled Tribes (NCST). The Commission comprises a Chairperson, a Vice-Chairperson and three full-time Members (including one lady Member). The term of all the Members of the Commission is three years from the date of assumption of charge.

Functions
The following are the functions of the commission:
• To investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under the Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;
• To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes;
• To participate and advise in the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State;
• To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
• To make in such reports, recommendations as to the measures that should be taken by the Union or any State for effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes, and
• To discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule specify.

6. National Commission for SCs
The National Commission for Scheduled Castes is an Indian constitutional body established with a view to provide safeguards against the exploitation of Scheduled Castes to promote and protect their social, educational, economic and cultural interests, special provisions were made in the Constitution.Article 338 of the Indian constitution deals with National Commission for Scheduled Castes. Article 338 A deals with National Commission for Scheduled tribes.
The first National Commission for Scheduled Castes was constituted in 2004 with Suraj Bhan as the chairman. The second was constituted on May 2007 (chairperson: Buta Singh); the third from October 2010 (P. L. Punia); and the fourth from 2013, also with Punia as chairperson. The fifth National Commission for Scheduled Castes began work in 2017 under chairmanship of Ram Shankar Katheria.

Functions
The following are the functions of the commission:
• To investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards
• To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes
• To participate and advise on the planning process of socio-economic development of the Scheduled Castes and to evaluate the progress of their development under the Union and any State
• To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards
• To make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes
• To discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes as the President may, subject to the provisions of any law made by Parliament, by rule specify

7. Finance Commission
The First Finance Commission (IAST: Vitta Āyoga) was established by the President of India in 1951 under Article 280 of the Indian Constitution. It was formed to define the financial relations between the central government of India and the individual state governments. The Finance Commission (Miscellaneous Provisions) Act, 1951 additionally defines the terms of qualification, appointment and disqualification, the term, eligibility and powers of the Finance Commission. As per the Constitution, the Commission is appointed every five years and consists of a chairman and four other members.
There have been fifteen commissions to date. The most recent was constituted in 2017 and is chaired by N. K.Singh, a former member of the Planning Commission.

Functions
Distribution of net proceeds of taxes between Center and the States, to be divided as per their respective contributions to the taxes.
i. Determine factors governing Grants-in-Aid to the states and the magnitude of the same.
ii. To make recommendations to the president as to the measures needed to augment the 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.
iii. Any other matter related to it by the president in the interest of sound finance.
iv. A finance commission is an autonomous body which is governed by the government of India.

Qualifications of the members
The Chairman of a finance commission is selected from people with experience of public affairs. The other four members are selected from people who:
i. Are, or have been, or are qualified, as judges of a high court,
ii. Have knowledge of government finances or accounts, or
iii. Have had experience in administration and financial expertise; or
iv. Have special knowledge of economics

Procedure and powers of the commission
The commission has the power to determine their own procedure and:
i. Has all powers of a civil court as per the Civil Procedure Code, 1908.
i. Can summon and enforce the attendance of any witness or ask any person to deliver information or produce a document, which it deems relevant.
iii. Can ask for the production of any public record or document from any court or office.
iv. Shall be deemed to be a civil court for purposes of Sections 480 and 482 of the Code of Criminal Procedure, 1898.

Disqualification from being a member of the commission
A member may be disqualified if:

i. He is mentally unsound; and as follows-
ii. He is an undischarged insolvent;
iii. He has been convicted of an immoral offence;
iv. His financial and other interests are such that it hinders the smooth functioning of the commission.

Terms of office of members and eligibility for reappointment
Every member will be in office for the time period as specified in the order of the President, but is eligible for reappointment provided he has, by means of a letter addressed to the president, resigned his office.

Salaries and allowances of the members
The members of the commission shall provide full-time or part-time service to the commission, as the President specifies in his order. The members shall be paid salaries and allowances as per the provisions made by the Central Government.

8. State Public Service Commission
The Government of India Act, 1935 provided for the establishment of the Public Service Commission at the Provincial level known as the State Public Service Commission and the constitution of India gave it a constitutional status as autonomous bodies. The State Public Service Commissions were constituted under the provisions of the Constitution of India. A State Public Service Commission (SPSC) comprises of a chairman and other members appointed by the governor of the state. One half of the appointed members of the commission should have held office for at least ten years either under the government of India or under the government of a state. The constitution has not specified the strength of the commission. The governor is empowered to determine the number of members as well as staff of the commission and their conditions of service.
The governor can appoint one of the members of the SPSC as an acting chairman if:
(i) The office of the chairman of the commission becomes vacant; or
(ii) The chairman of the commission is unable to perform the duties of his office due to absence or for any other reason.
Such member functions as an acting chairman till a person appointed as chairman enters on the duties of the office or till the chairman resumes his duties, as the case may be.
Tenure
The chairman and members of the SPSC hold office for a term of six years or until they attain the age of 62 years, whichever is earlier. The members can resign in between the term by addressing their resignation to the governor.
Duties and Functions
The duties and functions of the SPSC are follows:
(i) It conducts examinations for appointments to the services of the state.
(ii) It is consulted on the matters below:
(a) All matters relating to methods of recruitment to civil services and for civil posts.
(b) The principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers.
c) All disciplinary matters affecting a person serving under the Government of India in a civil capacity, including memorials or petitions relating to such matters.
(d) Any claim of costs incurred by a civil servant in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his official duty.
(e) Any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government of India and any question as to the amount of any such award.
(f) Any matter related to personnel management.
(g) It presents annually to the governor a report as to the work done by the commission.
The state legislature can confer additional functions to the SPSC relating to the services of the state. It can also extend the function of the SPSC by placing the personnel system of any local authority or other body corporate constituted by law or of any public institution under it.

9. Union Public Service Commission
The Union Public Service Commission commonly abbreviated as UPSC, is India’s premier central recruiting agency. It is responsible for appointments to and examinations for All India services and group A & group B of Central services.[2] While Department of Personnel and Training is the central personnel agency in India. The commission is headquartered at Dholpur House, in New Delhi and functions through its own secretariat. Arvind Saxena has been the Chairman of UPSC since June 2018. Established on 1 October 1926 as Public Service Commission, it was later reconstituted as Federal Public Service Commission by the Government of India Act, 1935; only to be renamed as today’s Union Public Service Commission after the independence.

As per Art. 320, it shall be the duty of the Union Public Service Commissions to conduct examinations for appointments to the services of the Union. It shall also assist two or more States, if requested so, in framing and operating schemes of joint recruitment for any services.
The Union Public Service Commission shall be consulted:
i. on all matters relating to
a) methods of recruitment to civil services and for civil posts
b) making appointments to civil services and posts
c) making promotions and transfers from one service to another
d) the suitability of candidates for such appointments, promotions or transfers
ii. on all disciplinary matters against a civil servant serving in a civil capacity, including memorials or petitions relating to such matters.
iii. on any claim by or in respect of a person who is serving or has served in a civil capacity, that any costs incurred by him in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty should be paid out of the Consolidated Fund of India.
iv. on any claim for the award of a pension in respect of injuries sustained by a person while serving in a civil capacity, and any question as to the amount of such award.
It shall be the duty of a Union Public Service Commission to advise on any matter referred to them; provided that the President has not made any regulations specifying the matters in which it shall not be necessary for Union Public Service Commission to be consulted.

The Commission consists of a chairman and other members appointed by The President of India. Usually, the Commission consists of 9 to 11 members including the chairman. Every member holds office for a term of six years or until he attains the age of sixty-five years, whichever is earlier.
The terms and conditions of service of chairman and members of the Commission are governed by the Union Public Service Commission (Members) Regulations, 1969.
The chairman and any other member of the Commission can submit his resignation at any time to the President of India. He may be removed from his office by the President of India on the ground of misbehaviour (only if an inquiry of such misbehaviour is made and upheld by Supreme Court) or if he is adjudged insolvent, or engages during his term of office in any paid employment outside the duties of his office, or in the opinion of the President unfit to continue in office by reason of infirmity of mind or body.

10. Election Commission
The Election Commission of India is an autonomous constitutional authority responsible for administering election processes in India. The body administers elections to the Lok Sabha, Rajya Sabha, state Legislative Assemblies, state legislative Councils, and the offices of the President and Vice President of the country.The Election Commission operates under the authority of Constitution per Article 324, and subsequently enacted Representation of the People Act. The commission has the powers under the Constitution, to act in an appropriate manner when the enacted laws make insufficient provisions to deal with a given situation in the conduct of an election. Being a constitutional authority, Election Commission is amongst the few institutions which function with both autonomy and freedom, along with the country’s higher judiciary, the Union Public Service Commission and the Comptroller and Auditor General of India. The Election Commission is regarded as India’s guardian of elections. The commission has the power to designate political party insignia and is prohibited from allowing the same insignia by two different parties regardless of differing locations. It set limits on poll expenses. The commission is responsible for maintenance of the electoral rolls and establishing the schedules of elections.
The commission is empowered with prohibiting dissemination or publication of voting trends that seek to influence voters by opinion polls or exit polls.
To curb the growing influence of money during elections, the Election Commission has made many suggestions and changes in this regard. The commission has appointed IRS officers of the Income Tax Department as Election Observers (Expenditure) of all elections and has fixed the legal limits on the amount of money which a candidate can spend during election campaigns.These limits have been revised over time. The Election Commission, by appointing expenditure observers from the Indian Revenue Service, keeps an eye on the individual account of election expenditure. The commission takes details of the candidate’s assets on affidavit at the time of submitting nomination paper, who are also required to give details of their expenditure within 30 days of the declaration of results. The campaign period has also been reduced by the commission from 21 to 14 days for Lok Sabha and Assembly elections to cut down election expenditure.
In an attempt to decriminalize politics, the Election Commission has approached the Supreme Court to put a lifetime ban on convicted politicians from contesting elections.



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