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CONSTITUTIONAL CONSTITUTIONAL
CONSTITUTIONAL CONSTITUTIONAL CONSTITUTIONAL
BODIES IN INDIA BODIES IN INDIA
BODIES IN INDIA BODIES IN INDIA BODIES IN INDIA
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CONSTITUTIONAL
BODIES IN INDIA
Constitutional body is the body that has its
name mentioned in Indian Constitution. It derives
power directly from the Constitution. Any type of
change in mechanism of this body needs
constitutional anedment. Example: UPSC, Finance
Commission, National Commission for SC/ST, etc.
Immunities given to Constitutional bodies
1. They can be removed: only on proved
misbehavior.
2. Their salary, powers and rights are mentioned
in the Constitution itself-and parliament can't
reduce it once they're appointed. It's charged
on the Consolidated Fund of India i.e.
Parliament can't vote on it during budget.
However, the salary can be reduced if President
declares a financial emergency.
Such immunities are not enjoyed by statutory
bodies.
The constitutional bodies are discussed below:
ATTORNEY-GENERAL OF INDIA
According to Article 76, the President appoints
a person qualified to be a Supreme Court judge as
the Attorney General of India. The Attorney General
is the first legal officer of India. He functions as the
Chief Law Officer of the Government. The Attorney
General of India advises the Government of India
on any legal matter. He performs any legal duties
assigned to him by the President of India. He
discharges any functions conferred to him by the
Constitution or the President.
In the performance of his duties, the Attorney
General of India has right of audience in all courts
in the territory of India. The Attorney General
represents the Union and the States before the
Courts but is also allowed to take up private practice
provided; the other party is not the State. He is not
a member of the either House of the Parliament.
Still he enjoys the right to attend and speak in the
parliamentary deliberations and meetings (of both
the Lok Sabha and the Rajya Sabha), without a
right to vote.
He is not a full time officer of the House, nor is
he a member of a Cabinet, he is not barred from
private practice except that he cannot advice or
hold briefs against the Government of India. He
should not defend accused persons for criminal
prosecution without the permissions of the
Government of India. He is entitled to all privileges
and immunities as a Member of the Parliament.
The Attorney General of India is assisted by two
Solicitor General and four assistant Solicitor
General.
The Attorney General is not paid salary but a
retainer that is determined by the President. The
retainer of the Attorney General of India is equal
to the salary of a judge of the Supreme Court. As
a convention, after the change of the Government,
the Attorney General resigns and the new
Government appoint a new Attorney General of
its own choice. The Attorney General holds office
during the pleasure of the President and receives
remuneration as determined by the President.
COMPTROLLER AND AUDITOR
GENERAL
Article 148 of the Indian Constitution provides
for an Independent office of the Comptroller and
Auditor General of India (CAG). He is the head of
the Indian Audit and Account Department. At both
Central and State level the Comptroller and Auditor
General of India controls the entire financial system
of the country.
Appointment of CAG
The Comptroller and Auditor General of India
is appointed by the President of India for a full
term of 6 years or 65 years of age whichever comes
earlier. By writing a resignation letter to the
President, the Comptroller and Auditor General can
resign at any time. The President can remove him
from his past on the same ground and in the same
manner as a judge of the Supreme Court of India.
He can be removed by the President on the basis of
CHRONICLE
IAS ACADEMY
A CIVIL SERVICES CHRONICLE INITIATIVE
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a resolution passed in the both Houses of the
Parliament with special majority, either on the
ground of proved misbehavior or incapacity.
Powers and Functions of the CAG
The Parliament enacted the CAG's Act, 1971
(duties, powers and conditions of service). This Act
was amended in 1976 to separate accounts from
audit in the Central Government. CAG audits the
accounts related to all expenditure from the
Consolidated Fund of India, consolidated fund of
each state and consolidated fund of each union
territory having Legislative Assembly.
He audits all expenditure from the Contingency
Fund of India and the Public Account of India in
both Central and State level. He audits the receipts
and expenditure of all bodies and authorities
substantially financed from the Central or State
revenues, Government companies and other
corporations and bodies when so required by related
laws.
He advices the President with regard to the
prescription of the form in which the accounts of
the center and the states shall be kept. He submits
his audit reports relating to the accounts of the
Center to President and relating to the accounts of
a state to the Governor.
He audits all transactions of the Central and
State governments related to debt, sinking funds,
deposits, advances, suspense accounts and
remittance business. He audits the accounts of any
other authority also on a request of President or
Governor. CAG acts as a guide, friend and
philosopher of the Public Accounts Committee of
the Parliament.
Immunities enjoyed by the CAG
CAG is appointed by the President, but he does
not hold office in accordance with Presidents'
pleasure. However the President can remove him
after a resolution to this effect is passed by both
the Houses of the Parliament. Once, CAG ceases to
hold his office, he become ineligible for further
office.
The Parliament determines his salary and other
service conditions.
The administrative expense of the office of CAG
is charged upon the Consolidated Fund of India.
No minister can be called upon to take any
responsibility for any action done by CAG. The
Comptroller and Auditor General of India is not
represented by any minister in the Parliament.
ADVOCATE-GENERAL
Each State shall have an Advocate-General for
the State, an official corresponding to the Attorney-
General of India, and having similar functions for
the State. He shall be appointed by the Governor
of the State and shall hold office during the
pleasure of the Governor. Only a person who is
qualified to be a Judge of a High Court can be
appointed Advocate-General. [Art. 165 (1)]
It is the duty of the Advocate-General to give
advice to the Government of the State upon such
legal matters, and to perform such other duties of
a legal character, as may from time to time be
referred to him by the Governor, and to discharge
the functions conferred on him by this Constitution
or any other law for the time being in force.
The Advocate-General shall hold office during
the pleasure of the Governor, and shall receive such
remuneration as the Governor may determine. He
shall have the right to speak and to take part in
the proceedings of, but no right to vote in the
Houses of the Legislature of the State.
FINANCE COMMISSION
Although the Constitution has made an effort
to allocate every possible source of revenue either
to the Union or the States, but this allocation is
quite broad based. For the purpose of allocation of
certain sources of revenue, between the Union and
the State Governments, the Constitution provides
for the establishment of a Finance Commission
under Article 280. According to the Constitution,
the President of India is authorized to set up a
Finance Commission every five years to make
recommendation regarding distribution of financial
resources between the Union and the States.
Constitution
Finance Commission is to be constituted by the
President every 5 years. The Chairman must be a
person having 'experience in public affairs'. Other
four members must be appointed from amongst
the following:-
1. A High Court Judge or one qualified to be
appointed as High Court Judge;
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2. A person having knowledge of the finances
and accounts of the Government;
3. A person having work experience in
financial matters and administration;
4. A person having special knowledge of
economics.
Functions
The Finance Commission recommends to the
President as to:-
G the distribution between the Union and the
States of the net proceeds of taxes to be divided
between them and the allocation between the
States of respective shares of such proceeds;
G the principles which should govern the grants-
in-aid of the revenue of the States out of the
Consolidated Fund of India;
G the measures needed to augment the
Consolidated Fund of a State to supplement
the resources of the Panchayats and
Municipalities in the State;
G any other matter referred to the Commission
by the President in the interest of sound finance.
Assessment of Finance Commission
Ever since the inauguration of the Constitution,
thirteen such Commissions have been set up. Year
after year the terms of reference have been made
wider and wider with each Finance Commission.
Even issues like debt burden of the State, financing
of relief expenditure and returns of public sector
under takings have been placed under the purview
of Finance Commissions. Further, the Union
Government has mostly accepted the
recommendations of the Finance Commissions.
However, it has been alleged by critics that the
role assigned to the Finance Commission has been
greatly undermined to the creation of the Planning
Commission which has tended to play increasing
role in determining the transfer of funds to the
states. According to a study, between 1951-74 more
funds were transferred to the states through the
Planning Commission and the Finance Ministry
than the Finance Commission. Generally, the
Finance Commission is only required to plug the
non-development budgetary gaps in the finances
of the States only, while the plan outlays are
determined by the Planning Commission. Similarly
the discretionary grants are also regulated by the
Finance Ministry and the Planning Commission and
the Finance Commission hardly play any role in
this respect.
INTER-STATE COUNCILS
Under Article 263 of the Constitution the
President is empowered to establish an inter-State
Council, at any time, if he satisfies that public
interest would be served thereby. Constitution
outlines the duties and responsibilities of this
Commission. These are:-
G To inquiry into and advising upon disputes
which may have arisen between States
G To investigate and discuss subject of common
interest between the Union and the States or
between two or more States
G To make recommendation for co-ordination of
policy and action relating to such subject
In exercise of this power the President has
established a Central Council of Health, a Central
Council of Local Self-Government, and a Transport
Development Council.
However, the Sarkaria Commission on Center-
State relation has recommended the constitution of
a permanent Inter-State Council. Such a council
was set up in 1990 consisting six Union Cabinet
Ministers and the Chief Ministers of all States. Prime
Minister is the chairman of this council.
PUBLIC SERVICE COMMISSIONS
Article 315 provides for service commissions for
both the Union and the States. For the Union it is
known as Union Public Service Commission (UPSC)
and for the States it is known as State Public Service
Commission (SPSC). There is a provision for a joint
SPSC for two or more states if the state legislatures
of the concerned states pass a resolution to this
effect and acting on it Parliament enacts a law in
this regard.
A Public Service Commission consists of a
Chairman and a number of members. The number
of members and the conditions of service shall be
determined in the case of UPSC or a Joint
Commission by the President and in the case of a
state PSC by the Governor. The conditions of service
of a member of a Commission shall not be varied
to his disadvantage during his term of office (Art.
318).
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Appointment, term of office, etc:
The Chairman and members of the UPSC or a
Joint Commission are appointed by the President
while those of a State Commission are appointed
by the Governor of the State. No qualifications are
prescribed for being a member or chairman. The
Constitution does not prescribe the number of
members of a Commission. But it is laid down in
Art. 316 that at least half of the members of every
Commission shall be persons who have held office
under the Government of India or of a state for 10
years. Under this clause officers belonging to IAS,
IPS, IFS, and other Central Services serving the
Union and officers of the armed forces who have
retired or are on the verge of superannuation's are
appointed members. This is to ensure that persons
who have a first hand experience of government
service guide the policies to be adopted by the
Commission. They are in a better position to
understand the needs of the government and the
qualities required of a candidate. Generally the
seniormost member is appointed as Chairman
though it is not a legal requirement.
A member of a Commission holds office for a
term of 6 years from the date he enters upon his
office or until he attains the age of 65 years in the
case of UPSC and 62 years in the case of a State
Commission or a Joint Commission.
Resignation:
A member of a Commission may resign his office
by a writing addressed to:
G The President in the case of UPSC or a Joint
Commission
G The Governor in the case of a State Commission
Removal:
The President may remove him on the ground
of misbehavior. The Supreme Court alone may
inquire about misbehavior on a reference made by
the President. It is to be noted that a member of
State Commission may be removed only by the
President (and not by the Governor). Once the
Supreme Court has reported that the member was
guilty of misbehavior, the President has no choice
but to remove the member.
In some cases the President may remove a
member without making a reference to the Supreme
Court. These are:
G The member is adjudged an insolvent,
G The member engages in some other employment
while in office,
G The member is unfit to continue in office by
reason of infirmity of mind or body.
Whether the infirmity incapacitates the member
from discharging his duties is for the President to
determine. Blindness may not cause such infirmity
in all cases.
Independence of UPSC and PSC members:
The Constitution seeks to maintain the
independence of members through the following
provisions:
G The Chairman and members do not hold office
during pleasure. They hold it for a fixed term.
G A member may be removed only by the
President and that too on the grounds and in
the manner provided in the Constitution.
G The conditions of service of a member shall not
be varied to his disadvantage after his
appointment.
G The expenses of the Commission are charged
on the Consolidated Fund of India or of the
State.
G A member on the expiration of his term is
ineligible for reappointment.
G A member is prohibited from taking
employment under the government after
ceasing to be a member.
Prohibitions in regard to holding of offices
after ceasing to be a member:
G The Chairman of UPSC shall be ineligible for
further employment under the Government of
India or of any states.
G The Chairman of a State Commission shall be
eligible for appointment as the Chairman or a
member of the UPSC or as the Chairman of
any other SPSC. Other than these posts, he is
not eligible for any other employment under
Union of the State government.
G A member of the UPSC is eligible for
appointment as Chairman of the UPSC or
Chairman of any State Commission. But he
cannot take up any other employment under
the government of India or of any state.
G A member of a State Commission shall be
eligible for appointment as Chairman or
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member of UPSC or Chairman of any State
Commission (including the one of which he is
a member). But he will not be eligible for any
other employment under the Government of
India or of a State.
Functions of the Commission:
Article 320 lays down the function of a Public
Service Commission. Article 321 provides that the
Parliament or the legislature of a state may add to
the list of functions. The functions are of two types:
(a) duties (b) advisory functions.
Duties:
The duties of a Public Service Commission
enumerated in Art. 320 are:
G To conduct examinations for appointment to
the services of the union and the services of the
State (in case of a State PSC).
G It is the duty of the UPSC if requested by two
or more States to assist those States in framing
and operating schemes of joint recruitment for
any Services requiring special qualifications.
Advisory functions:
A Commission has many advisory functions.
It must be consulted
G On all matters relating to method of recruitment
to civil services and civil posts.
G On the principles to be followed in making
appointments to civil services and posts, in
making promotions and transfers from one
service to another and on the suitability of such
candidates.
G On all disciplinary matter affecting a person
under the government (Central or State) in a
civil capacity. This includes memorandums and
petitions relating to such matters.
G On any claim by or in respect of a person in
service under the government (Central or State)
that any costs incurred by him in defending
any proceeding instituted against him for acts
done in the execution of his duty should be
paid by the government.
G On any claims of the award of a pension in
respect of injuries sustained by a person while
in government service in a civil service in a
civil capacity.
The UPSC submits its annual report to the
President which is laid before Parliament. Similarly,
every PSC submits its annual report to the Governor
which is laid before the State Legislature.
ELECTION COMMISSION
India is a representative democracy which has
opted for a Parliamentary Form of Government.
Under this system people elect their representatives
both for the state legislatures as well as for
Parliament through exercising their right to vote
during periodic elections. Thus the success of
democracy depends on successful election
mechanism. For a healthy and functioning
democracy it is essential that there is an
independent institution to conduct and supervise
the election procedure. Realizing this importance,
the Constitution has provided for an independent
Election Commission.
Composition of the Election Commission:
Art 324 provides for a Chief Election
Commissioner to be appointed by the President.
He can also appoint any number of Election
Commissioners. Since 1993, the Election
Commission consists of a Chief Election
Commissioner and two Election Commissioners. If
the Election Commission is a multi-member body
then the Chief Election Commissioner acts as the
Chairman of the Election Commission. The decisions
are arrived at by either consensus or majority in a
multi-member Election Commission. There is a
provision to appoint Regional Commissioners before
each general election to Lok Sabha and State
Assembly and before the general election and
thereafter before each biennial election to the
Legislative Council. The President appoints them
in consultation with the Election Commission.
Removal of the CEC and Election
Commissioners:
The CEC can be removed only on the same
grounds and in the same manner as a judge of the
Supreme Court. An Election Commissioner or a
Regional Commissioner can be removed by the
President only on the recommendation of the Chief
Election Commissioner.
Functions of the Election Commission:
The Election Commission superintends, directs
and controls the elections to Parliament, State
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Legislatures and Union Territories, Presidential and
Vice-Presidential elections. In this regard, it
performs the following functions:
(a) Preparation of electoral rolls.
(b) Conduct of elections.
(c) Counting of votes and declaration of results.
(d) To advise the President in regard to the question
whether a Member of Parliament (Art. 103) or
a State Legislature has become subject to any
disqualification (Art. 192).
(e) To advice the President in the appointment of
Regional Commissioner.
The Constitution contains a bare outline of the
law of election and the powers and functions of
the Election Commission. The detailed provisions
are contained in the following Acts:
G The Presidential and Vice-Presidential Election
Act, 1950.
G The Representation of People Act, 1950.
G The Representation of People Act, 1951.
G The Delimitation Act, 1972.
Secular basis for electoral rolls (Art. 326):
The provisions discussed below are of general
applications and apply to elections to the
Parliament and the state legislatures.
For every territorial constituency there will be
one general electoral roll. No person shall be
ineligible for inclusion in the electoral roll on
grounds of religion, race, caste, sex or any of them.
Adult suffrage (Art. 326):
Any person who is a citizen of India and who
is 18 years of age (61st Amendment Act, 1988) is
eligible to vote in Lok Sabha and State Assembly
elections unless he is disqualified by a law. The
common disqualification are based on unsoundness
of mind, conviction for crime, corrupt practice, at
an election etc. They are contained in the
Representation of People Act.
Powers of legislatures with respect to
elections (Arts. 327 & 328):
The Parliament has the power to make laws
regarding all aspects of elections (Art. 327). The
state legislature has a subordinate role. It can enact
a law in respect of election to state legislature only
to the extent that Parliament has not made any
provisions. In other words it can supplement
parliamentary legislation (Art. 328).
Parliament has enacted the Representation of
People Act of 1950 and 1951 and the Delimitation
Commission Acts of 1962 and 1972 under this
provision.
Independence of the Election Commission:
The role of the Election Commission is pivotal.
Impartiality of elections is vitally linked to the
independence of the Commission. Other provisions
dealing with CEC and Election Commissioners are
dealt within the Chief Election Commissioner and
other Election Commissioners (conditions of service),
Act.
Election disputes (Art. 329):
Article 329 bars the interference of Courts in
electoral matters. If a Delimitation Commission
draws the boundaries of a territorial constituency
it cannot be challenged in any Court of law.
Article 329 also provides that no election to
either House of Parliament or to a House of a State
Legislature shall be called in question except by an
election appropriate law. Since 1966, a High Court
alone has the jurisdiction to hear an election
petition. Appeal lies with the Supreme Court.
ELECTORAL REFORMS SUGGESTED BY ELECTION COMMISSION IN 2004
G A candidate contesting elections must provide all the information in the affidavit furnished by him. Any
willful concealing of information or providing wrong information should be punishable by two years
Align of e.g. imprisonment.
G The security deposit for Lok Sabha should be raised to Rs. 20,000/- and
Rs. 10,000/- for Legislative Assembly. For SC/ST candidates it should be reduced by 50 per cent.
G Any person who is accused of an offence punishable by imprisonment for five years or more should be
disqualified from contesting election even when trial is pending, provided charges have been framed
against him by the competent court.
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G Restriction on the number of seats from which one may contest: At present a person can contest
a general election or a group of bye-elections or biennial elections from a maximum of two constituencies.
There have been several cases where a person contests election from two constituencies, and wins from
both. In such a situation he vacates the seat in one of the two constituencies. The consequence is that
a by-election would be required from one constituency involving avoidable labour and expenditure on
the conduct of that by-election. The law should be amended to provide that a person cannot contest
from more than one constituency at a time.
G Exit Polls and Opinion Polls: Various agencies conduct opinion polls prior to the poll on the likely
voting pattern and publish the result of such surveys through different media. Similarly, on the date
of poll, actual result of the election is sought to be predicted on the basis of Exit Polls. Such polls may
influence the voting pattern in the subsequent phases. The Opinion Polls and publishing results thereof,
should not be allowed from the day of issue of statutory notification calling the election and till the
completion of the poll. The result of Exit Polls should not be allowed to be published until the completion
of the poll in the last phase.
G During the election period, the name and address of the publisher should be given along with the
matter/advertisement in the print media. No surrogate advertisements should be allowed.
G Negative voting: In the ballot paper, there shall be a column "None of the above," to enable a voter
to reject all the candidates, if he chooses so.
G Compulsory maintenance of accounts by political parties and audit thereof by agencies specified by the
Election Commission. The political parties must be required to publish their account annually for
information and scrutiny of the general public.
G Government sponsored advertisements where any general election is due on the expiration of the term
of the House, advertisements of achievements of the governments, either Central or State, in any
manner, should be prohibited for a period of six months prior to the date of expiry of the term of the
House and in case of premature dissolution, the date of dissolution of the House. However,
advertisements/dissemination of information of poverty alleviation and health related schemes could be
exempted from the purview of such a ban.
G Ban on transfer of election officers on the eve of elections: No transfer shall be made, without the
concurrence of the Commission, of any Election Officer as soon as a general election/by-election becomes
due in any parliamentary or Assembly Constituencies.
OFFICIAL LANGUAGE COMMISSION
Article 344 states that at the expiration of 5
years form the commencement of this Constitution
and later after 10 years from such commencement
the President shall appoint a commission. The
Commission will consist of a chairman and
members representing different languages specified
in the 8th Schedule.
The duties of the commission will be to make
recommendations to the president as to-
(a) The progressive use of the Hindi language
(b) Restrictions on the use of English language
(c) The language to be used for the purposes
mentioned in Art. 348
(d) The form of numerals
(e) Any other matter that may be referred to the
Commission by the President.
The Official Language Commission constituted
in 1955 felt that the Central Government should
take concrete steps for its employees to learn and
become proficient in Hindi. Under opposition from
various groups, it was decided to replace English
by Hindi progressively and not suddenly.
NATIONAL COMMISSION FOR
SCHEDULED CASTES
The National Commission for Scheduled Castes,
a Constitutional body monitors the safeguards
provided for Scheduled Castes and also reviews
issues concerning their welfare.
The SCs constitute 16.23% of India's population
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spread all over the country, with 80% of them living
in the rural areas. They constitute more than a
fifth of the population of UP, Punjab, Himachal
Pradesh and West Bengal. Punjab has the highest
proportion of SCs to the State population. More
than half of the SC population is concentrated in
the five States of Uttar Pradesh (35.1 million), west
Bengal (18.4 million), Tamil Nadu (11.8 million),
Andhra Pradesh (12.3 million) and Bihar (13.0
million).
Due to their social disability and economic
backwardness, they were grossly handicapped in
getting reasonable share in elected offices,
Government jobs and educational institutions and,
therefore, it was considered necessary to follow a
policy of reservations in their favour to ensure their
equitable participation in governance.
Functions and duties of the commission are:
a) 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 safeguard;
b) To inquire into specific complaints with respect
to the deprivation of rights and safeguards of
the Scheduled Castes;
c) 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;
d) To present to the President, annually and at
such other times as the Commission may deem
fit, reports upon the working of those
safeguards;
e) 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;
and
f) 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.
NATIONAL COMMISSION ON
SCHEDULED TRIBES
The National Commission for Scheduled Tribes
was first formed by the Government of India in
1978 as a Non-statutory Multi-Member
Commission. Initially, the Commission was set up
through a resolution for both the Scheduled Castes
and Scheduled Tribes. In the year 1987, the
Government of India re-structured the duties of
the Commission by authorizing it to advice on the
Broad Policy Issues and Levels of Development of
SCs and STs. The National Commission for
Scheduled Tribes (NCST) was established by
amending Article 338 and inserting a new Article
338A in the Constitution through the Constitution
(89th Amendment) Act, 2003. By 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) in 2004.
Scheduled Tribes live in contiguous areas unlike
other communities. It is, therefore, much simpler
to have an area-approach for development activities
and also regulatory provisions to protect their
interests. In order to protect the interests of
Scheduled Tribes with regard to land alienation
and other social factors, provisions of "Fifth
Schedule" and "Sixth Schedule" have been
enshrined in the Constitution.
Functions of the Commission are:
a. To investigate and monitor all the matters
relating to the safeguards provided for the SCs
and STs under the Constitution of India or
under any other law and to evaluate the
working of such scapegoats.
b. To enquire into specific complaints with
respect to the deprivation of the rights and the
safeguards of the SCs and the STs.
c. To participate and advise on the planning
process of socio-economic development of the
Scheduled Castes and the Scheduled Tribes and
to evaluate the progress of their development
under the Union and any State.
d. To present to the President, annually and
at such other times as the Commission may
deem fit, reports upon the working of those
safeguards.
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e. To make in such reports or
recommendations as to the measures that
should be taken by the Union or any State for
the effective implementation of those the
protection, welfare and socio-economic
development of the Scheduled Castes and the
Scheduled Tribes as the President may by lured
specify.
The term Scheduled Tribes is defined in the
Constitution of India under Article 366(25) as such
tribes or tribal communities or parts of groups
within such tribes or tribal communities as are
deemed under Article 342 to be Scheduled Tribes
for the purposes of this Constitution.
According to the Article 342(1), the President
may, with respect to any State or Union Territory,
and where it is State, after consultation with the
Governor thereof, notifies tribes or tribal
communities or parts thereof as Scheduled Tribes.
This confers on the tribe or part of it a Constitutional
status invoking the safeguards provided for in the
Constitution, to these communities in their
respective States/UTs.
Thus only those communities who have been
declared as such by the President through an initial
public notification will be considered as Scheduled
Tribes. Parliament may, by law, include in or
exclude from the list of Scheduled Tribes, any tribe
or tribal community or parts of thereof. The list of
Scheduled Tribes is State-specific. In other words,
a community declared as Scheduled Tribe in one
State need not be so in another State.
The Commission presents an annual report to
the President. The President places all the reports
before the Parliament along with memorandum
explaining the action taken on the
recommendations made by the Commission. The
memorandum also contains the reasons for the non
acceptance of any recommendation.
CENTRAL ADMINISTRATIVE TRIBUNAL
(CAT)
CAT was set up in pursuance of the
amendment of Constitution of India by Articles
323A (1976) which empowers the Parliament to
set up Tribunals for dealing with disputes and
complaints with respect to recruitment and
conditions of service of persons appointed to service
and posts connected with the Union of India. It is
one of the important steps taken in the direction of
development of Administrative Law in India.
Even before Article 323-A was enacted tribunals
existed in various areas and their existence was
recognised by the Constitution, but they were not
intended to be an exclusive forum, and therefore,
they were subject to judicial review by the High
Courts under Articles 226 and 227. Distinct from
this existing tribunal system, a new experiment has
been introduced by Article 323-A which provides
for exclusion of the jurisdiction of the High Courts
under Articles 226 and 227, notwithstanding any
other provisions in the Constitution. The object of
this experiment is to lessen the backlog of cases
pending before the High Courts and to provide an
expert and expeditious forum for disposal of
disputes of Government servants relating to service
matters.
Administrative Tribunals were established at
Delhi, Mumbai, Calcutta and Allahabad. Today,
there are 17 Benches of the Tribunal located
throughout the country wherever the seat of a High
Court is located, with 33 Division Benches. In
addition, circuit sittings are held at Nagpur, Goa,
Aurangabad, Jammu, Shimla, Indore, Gwalior,
Bilaspur, Ranchi, Pondicherry, Gangtok, Port Blair,
Shillong, Agartala, Kohima, Imphal, Itanagar,
Aizwal and Nainital.
Constitution of CAT
G A Chairman who has been a sitting or retired
Judge of a High Court heads the Central
Administrative Tribunal. Besides the Chairman,
the authorized strength consists of 16 Vice-
Chairmen and 49 Members.
Jurisdiction
G In addition to Central Government employees,
the Government of India has notified other
organizations to bring them within the
jurisdiction of the Central Administrative
Tribunal.
G The provisions of the Administrative Tribunals
Act, 1985 do not, however, apply to members
of paramilitary forces, armed forces of the
Union, officers or employees of the Supreme
Court, or to persons appointed to the Secretariat
Staff of either House of Parliament or the
Secretariat staff of State/Union Territory
Legislatures.
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Application
G A person aggrieved by any administrative order
pertaining to any matter can make an
application to CAT for redressal of his
grievances. The jurisdiction of the Tribunal
extends not only to the actual employment but
also to the process of recruitment also.
G An application is not to be admitted unless the
applicant has exhausted all remedies available
to him under the service rules. However this
rule is not absolute and CAT may entertain an
application in extraordinary circumstances.
G A person is deemed to have availed of all the
remedies available to him if a final order has
been made by the Government or other
authority or the officer concerned rejecting the
appeal or representation of the employee. OR
Where no final orders passed by such authority
even after 6 months from the date of the appeal
or representation.
Procedure of justice
G The Tribunal is not bound to follow the
procedures laid down in the Code of Civil
Procedure 1908 or Evidence Act, but shall be
guided by the principles of natural justice in
deciding cases and the procedure.
G The Central Administrative Tribunal is
empowered to prescribe its own rules of
practice for discharging its functions subject to
the Administrative Tribunals Act, 1985 and
Rules made there under. For this purpose, the
Central Administrative Tribunal Rules of
Practice, 1993 have been made.
G Parties to the dispute may appear in person or
be represented by a lawyer before the Tribunal.
The Supreme Court has held in a case that the
CAT must confine itself to the limits of judicial
review.
G No interim orders, whether by way of
injunction or stay shall be made on an
application unless copy of the application along
with other documents are furnished to the
party against whom such application is made
and opportunity is given to such party to be
heard in the matter.
G However ex-parte interim orders can be issued
in exceptional cases valid for 14 days. In this
case the administration should approach CAT
within 14 days to put across their point of view
and try for vacation of such interim stay orders.