Important Constitutional Bodies for UPSC

A comprehensive understanding of Constitutional Bodies in India is crucial for UPSC aspirants, as these entities hold significant power and influence in maintaining the country’s polity, economy, and law and order. This article provides an in-depth exploration of the various Constitutional Bodies in India, elucidating their powers and functions, which are integral to the nation’s progress and governance.

What are Constitutional Bodies:

Constitutional Bodies play a vital role in India’s democratic system, being institutes established by the Constitution itself. Their creation and dissolution require the passage of a Constitutional Amendment Bill, as stipulated in the Constitution. These bodies operate under the provisions outlined in the Indian Constitution, with their powers and functions governed by constitutional mandates. Any alterations to their powers and functions necessitate a constitutional amendment. Responsible for governing various aspects of the country, the performance and effectiveness of these bodies directly impact India’s development. India has a total of 20 distinct Constitutional Bodies, each with its unique role in the nation’s progress. All these bodies possess special powers sanctioned by the Indian Constitution.

Important Constitutional Bodies:

Election Commission of India
Union Public Service Commission of India
National Commission for SCs
National Commission For STs
National Commission for BCs
Comptroller and Auditor General of India
Attorney General of India

ELECTION COMISSION OF INDIA

The Election Commission of India (ECI) is an independent constitutional authority responsible for overseeing elections at both the Union and State levels in India.
The ECI manages elections for the Lok Sabha, Rajya Sabha, State Legislative Assemblies, as well as for the President and Vice President of India. ECI does not handle elections for panchayats and municipalities.
Constitutional provisions of elections are outlined in Part XV (Articles 324-329) of the Constitution.
Article 324 vests the superintendence, direction, and control of elections in the Election Commission. Article 326 mandates elections based on adult suffrage.
Originally consisting of one Election Commissioner, the Election Commission became a multi-member body following the Election Commissioner Amendment Act 1989. It now comprises the Chief Election Commissioner (CEC) and two Election Commissioners.
The President determines the appointment and tenure of Commissioners.
They serve a fixed term of six years or until the age of 65, whichever is earlier. Members enjoy status and perks equivalent to Supreme Court judges.
Members can resign or removed before completion of their term. The process for removal of the CEC is similar to that of a Supreme Court judge, requiring action by Parliament.

UNION PUBLIC SERVICE COMMISSION

The UPSC serves as the central recruiting agency in India and operates as an independent constitutional body.
The composition, appointment, removal, powers, and functions of the UPSC are detailed in Part XIV of the Indian Constitution.
State Public Service Commissions (SPSCs) operate parallel to the UPSC at the state level, with their composition, appointment, removal, powers, and functions outlined in the same constitutional provisions.
Members of the UPSC, including the Chairman, are appointed by the President of India. They hold office for a term of six years or until the age of 65, whichever is earlier.
Reappointment of former members of a Public Service Commission is not permitted.
The President determines the number of UPSC members, their conditions of service, and those of the Commission’s staff.
The conditions of service for UPSC members cannot be altered to their disadvantage after appointment.
Expenses of the UPSC, including salaries, allowances, and pensions, are charged on the Consolidated Fund of India.
The UPSC submits an annual report to the President detailing its activities, with cases of non-accepted advice accompanied by a memorandum explaining reasons, presented to both Houses of Parliament.

National Commission for Scheduled Castes

The National Commission for Scheduled Castes is a constitutional body. It is established to safeguard against the exploitation of Scheduled Castes and to promote and protect their social, educational, economic, and cultural interests.
Article 338 of the Constitution provided for the appointment of a Special Officer, known as the Commissioner for Scheduled Castes and Scheduled Tribes.
The 65th Amendment Act of 1990 amended Article 338, replacing the single-member system with a multi-member National Commission for Scheduled Castes (SC) and Scheduled Tribes (ST).
Subsequently, the 89th Amendment Act of 2003 further amended Article 338, leading to the establishment of two separate Commissions from 2004: the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST).
The NCSC consists of a Chairperson, a Vice-Chairperson, and three additional Members, all appointed by the President.
The President also determines their conditions of service and tenure of office.
The functions of the NCSC include investigating and monitoring all matters relating to constitutional and other legal safeguards for Scheduled Castes, evaluating their effectiveness, and inquiring into specific complaints regarding their rights and safeguards.
NCSC participates in and advises on the planning process of socioeconomic development for Scheduled Castes, evaluates their progress, and presents reports on the working of these safeguards to the President.

Read UPSC PYQ on Constitutional Amendment.

National commission on schedule tribes

The 89th Constitution Amendment Act established the National Commission for Scheduled Tribes (NCST) in 2004, amending Article 338 and inserting a new article, 338A, into the Constitution.
This amendment replaced the erstwhile National Commission for Scheduled Castes and Scheduled Tribes with two separate Commissions: the National Commission for Scheduled Castes (NCSC) and the NCST.
The objective of the NCST, includes overseeing the implementation of safeguards for Scheduled Tribes (STs) provided under the Constitution, laws in force, or government orders, and their effectiveness.
The composition of the NCST includes a Chairperson, Vice-Chairperson, and three other Members appointed by the President. At least one member must be a woman, and all members serve a three-year term, with limitations on reappointment.
The Chairperson holds the rank of Union Cabinet Minister, the Vice-Chairperson holds the rank of a Minister of State, and other Members hold the rank of Secretary to the Government of India.
The duties and functions of the NCST include investigating and monitoring matters related to ST safeguards, addressing complaints of rights deprivation, participating in the socio-economic development planning of STs, evaluating their progress, and providing annual reports on safeguard operations to the President.

Controller and auditor general

The Constitution of India establishes the Comptroller and Auditor General (CAG) as an independent authority. CAG serves as the head of the Indian audit and account department and the chief Guardian of Public purse.
The Office of the CAG originated from the establishment of the Accountant General in 1858. It became the Comptroller and Auditor General of India in 1884.
Responsibilities of the CAG include auditing accounts related to government expenditure, advising the President and Governors on account forms, and submitting audit reports to Parliament and state legislatures.
The auditors submit audit reports related to the accounts of the Centre to the President for presentation to Parliament. They submit reports related to state accounts to Governors for presentation to state legislatures.
The CAG audits expenditures from the Consolidated Fund of India, state Consolidated Funds, Contingency Funds, Public Accounts, and accounts of government bodies and authorities financed from central or state revenues.
The auditors submit audit reports related to the accounts of the Centre to the President for presentation to Parliament. They submit reports related to state accounts to Governors for presentation to state legislatures.
Additionally, the CAG assists the Public Accounts Committee of Parliament as a guide and advisor.

Attorney General of india

The Attorney General (AG) of India is a key figure in the Union Executive and holds highest legal position.
Article 76 of the Constitution outlines the establishment of the AG’s office.
President appoints CAG based on the government’s advice. AG must qualified to serve as a Supreme Court judge.
The term of office for the AG is not specified in the Constitution. They serve at the pleasure of the President.
The duties and functions of the AG include providing legal advice to the Government of India. AG represents government in legal proceedings, and other responsibilities assigned by the President.
The AG has the right to participate in parliamentary proceedings and committees, but without voting rights. They also enjoys privileges and immunities similar to those of a Member of Parliament.
Unlike government servants, the AG is permitted to engage in private legal practice. But they cannot advise or represent clients against the Government of India.
The Solicitor General of India and Additional Solicitor General of India assist the AG in their official duties.

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