Constitutional Bodies

Constitutional Bodies
1. Election Commission
2. Union Public Service Commission
3. SPSC/JPSC
4. Finance Commission
5. Comptroller & Auditor General of India
6. Attorney General
7. Advocate General
8. National commission for schedule castes
9. National commission for schedule tribes
10. Special officer for linguistic minorities
venkatakrishnan.iyer.12 1
CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth
Election Commission: Part XV, 324-329-A
Art 324: Superintendence, direction & control of elections
 Parliament
 State legislatures
 Office of President of India
 Vice-President
Composition
CEC + other commissioners -> President fix from time to
time
1950 to 1989: Only CEC
1989 to 1990: 1+ 2
1990 to 1993: Only CEC
From 1993: 1 +2
CEC’s power, salary & allowances = ECs = Judge of
Supreme Court
CEC VS ECs then decision by majority
Term – 6 Yrs /65 whichever is earlier
2
Provisions for Independence
 CEC Removal - proved misbehaviour or
incapacity same as a Supreme Court Judge – a
resolution in both houses with special majority
 CEC Service conditions not varied after
appointment
 Recommendation of CEC to remove
ECs/regional commissioners
Some imperfections
Not prescribed the qualifications (legal,
educational, administrative or judicial)
Not debarred the ECs from further Govt.
appointment
3
Powers & Functions
 Administrative
 Advisory
 Quasi-Judicial
Territorial delimitation of constituencies –Act 2002
Act as a court for settling disputes – Party recognition,
Election Symbol
Code of Conduct during elections
Roster for publicity – on TV etc.,
Advise President/Governor MPs/MLAs disqualification
Possibility of conducting election in President rule state
State level Chief electoral Officer – appointed by CEC in
consultation with state
4
Union Public Service Commission – Art 312 to 323,
Part XIV
• Central Recruiting Agency
Composition- determined by President
Chairman + Others
No qualifications for members except one-half 10
years service under Gov. of India/state
Term - 6/65
Acting chairperson possible
Removal by President 1. adjudged an insolvent 2.
engages paid employment outside 3. infirmity of
mind or body 4. Misbehaviour – interested/ profit in
contract made by GoI/S - (SC enquiry & its
binding)
5
Provision for Independence
Security of Tenure
 Service conditions not varied after appointment
 SAP- Consolidated fund of India – NOT subject to
vote of Parliament
 Chairperson NOT eligible for further employment
in GoI/s – ‘Constitutional Office’ possible
 Member – further only as Chairperson
UPSC/SPSC
 Chairperson/ Member – NO 2nd term
6
• Functions
• Conducting Exams: AISs[IAS…], CSs[IFS…], UT
Public Services
• Assistance to states on request by Governor & on
President’s approval
• Consultant in Personnel Management
– Recruiting Methods
– Principles in Making Appointments
– Suitability for appointments, transfers,
promotions(UPSC to ratify)
– Disciplinary Matters
– Any claim
– Temporary Appointments exceeding ONE year
– Extension or Re-employment
7
SC held that irregularity in consultation with
UPSC does NOT invalidate the decision of
Government
Additional functions conferred by Parliament
i.e. extension by Parliament
 UPSC Reports  President  Parliament
 Not acceptance [Approval of Cabinet Committee
on Appointments required]– Reason
An individual ministry/Dept NO power to reject

UPSC advice
8
Limitations (UPSC not consulted)
• Reservation for backward
• Claims of SCs & STs
• Diplomatic appointments
• Group C & D
• Temporary appointment less than one year
• Presidential exclusion, but such to be laid to Parliament
for 14 days
Role of UPSC
Watch-dog of merit system in India
NOT concerned with classification of services, pay & service
conditions, cadre management, training…(DoPT- central
personnel agency)
Advisory
A: Emergence of CVC affects the role of UPSC
R: Both are consulted by Gov. on disciplinary matters
9
SPSC: Art 315 to 323, PartXIV
Composition- determined by Governor
Chairman + Others
No qualifications for members except one-half
10 years service under Gov. of India/state
Term - 6/62
Acting chairperson possible
Removal by President 1. adjudged an insolvent
2. engages paid employment outside 3. infirmity
of mind or body 4. Misbehaviour – interested/
profit in contract made by GoI/S - (SC enquiry
& its binding)
10
Provision for Independence
 Security of Tenure
 Service conditions not varied after
appointment
 SAP- Consolidated fund of state – NOT subject
to vote
 Chairperson NOT eligible for further
employment in GoI/s – But Member/Chair of
UPSC & ‘Constitutional Office’ possible
 Member – further only as
Member/Chairperson UPSC & Chairperson of
SPSC
 Chairperson/ Member – NO 2nd term
11
• Functions
• Conducting Exams for state services
• Consultant in Personnel Management
– Recruiting Methods
– Principles in Making Appointments
– Suitability for appointments, transfers,
promotions(SPSC to ratify)
– Disciplinary Matters
– Any claim
– Any other personnel management
12
SC held that irregularity in consultation
with SPSC does NOT invalidate the decision
of Government
Additional functions conferred by state
legislature i.e. extension by state legislature
like on local authority, corporate body/
public instituion
 SPSC Reports  Governor  state
legislature
 Not acceptance [Approval of Cabinet
Committee on Appointments required]–
Reason
13
Limitations (SPSC not consulted)
• Reservation for backward citizens
• Claims of SCs & STs
• Governor & exclusion, but such to be laid to state
legislature for 14 days
Role of SPSC
Watch-dog of merit system in state
NOT concerned with classification of services, pay &
service conditions, cadre management,
training…(DoPT- central personnel agency)
Advisory
A: Emergence of SVC affects the role of SPSC
R: Both are consulted by Gov. on disciplinary matters
Consulted by Governor while framing rules for
appointment to judicial service
14
JPSC
Can be created by an Act of Parliament on the
request of 2 or more states – statutory body
Chairman & Members - appointed/removal
condition of services by President
Term – 6/62
JPSC Reports  Governor  state legislature
***********
GoI Act 1919 – set up Central Public Service
Commission in 1926
GoI Act 1935 – Provided for Federal, Provincial
& Joint Public Service Commissions
15
Finance Commission – Art 280
Quasi-judicial body
Every 5th year or earlier constituted by President
Composition
Constitution authorised parliament to specify
qualification
Chair [experience in public affairs]+ 4 [high court
judge or qualified for that, knowledge of finance &
accounts of the Gov. experience in financial
matters & admin, knowledge in economics]
appointed by President
Term – specified by President, eligible for
reappointment
16
Functions- Recommendations to President
 Distribution of net proceeds of taxes between
Centre & States, allocation between states
 Grants-in-aid to states – principle
 Measures to augment the consolidated fund of
state to supplement the resources of local Gov.
 F.C. Reports  President –[explanatory
memorandum] Parliament
 Advisory role – NOT binding Gov.
Impact of Planning Commmission
Rajmannar highlighted the overlapping b/w F.C &
P.C – Capital requirements
So far 14 Commissions…2015-2020 17
Comptroller & Auditor General of India
(CAG) Art. 148
Most important officer under Constitution
- Dr. B.R. Ambedkar
 Head of the Indian Audit & Accounts
Department
 Guardian of public purse – Centre and States
 Uphold constitution in the field of financial
administration
Appointed by President of India by a warrant
under his hand and seal- oath or affirmation
Term-6/65
Removal like Supreme Court Judge
18
Independence
Security of tenure - NOT hold office till the
pleasure of President
Not eligible to hold further office under
GoI/State
Salary & service conditions Parliament
SAP – consolidated fund of India
Personnel & administrative powers for CAG
prescribed by President after consulting CAG
NO minister represent/responsible for CAG
in Parliament
19
Duties and Powers [Art 149]
 Parliament to prescribe in relation to
accounts of Union, States and any other
authority or body
 1971 Act, 1976 Act separated accounts from
audit in the central Gov.
 Audits Consolidated Fund of India/states/UTs
having legislature
 Audits Contingency fund of India/states, Public
Account of India/states
 Audits all activities of any departments of Centre
& states
 Audits receipts and expenditures of Centre &
states, government companies, suspense accounts 20
 Audits stock accounts with approval/required by
President
 Audits any other authority by the request of
President/Governor
 Advises President the form in which the accounts
of Centre and states shall be kept
 Reports  President  Parliament
 Reports  Governor  state legislature
 Ascertains and certifies the net proceeds of any
tax or duty
 Compiles accounts of states
 Guide, Friend & Philosopher to Public Accounts
Committee [PAC]of Parliament
21
• CAG submits 3 audit reports on
• Appropriation accounts
• Finance accounts
• Public Undertakings
• Reports  President  Parliament  PAC findings 
Parliament
Role
Agent of parliament, so only responsible to it
More freedom to audit of expenditure than other audits
Conduct not only regulatory audit [Obligatory]but
Propriety audit [Discretionary]
Secret service expenditure - CAG to accept certificate
from competent authority (limitation for CAG)
Only Auditor-General role NOT comptroller i.e NO
control over the issue of money - different from UK’s CAG
their executive draw money with approval of CAG
22
CAG & Corporation – Audit relationship limited
 Totally & Directly : DVC, ONGC, AI, IA
 Supplementary - private professional auditors
appointed with his consultation : CWC, IFC
 Only private professional auditors – NO CAG:
LIC, RBI, SBI, FCI
CAG & Gov. Companies – limited
private professional auditors appointed by Gov.
with his advice – supplementary audit/test audit
1968 an Audit Board [1+2 appointed by CAG]as a
part of CAG office – to handle technical aspect of
specialised enterprises like Steel, Chemicals…
23
• Appleby’s Criticism
• Abolition of CAG
Has a repressive & negative influence
Do not know about administration
24
Attorney General • Advocate General
Art 76 Art 165
 Highest Law officer in India  Highest Law officer in state
 Appointed by President  Appointed by Governor
 Supreme court judge  H. court judge qualification
qualification i.e. i.e.
 5 Yrs Judge of H.Court [or]  10 Yrs Judicial Office
 10 Yrs Advocate in H.Court  10 Yrs Advocate in H.Court
 An eminent jurist in the  Term NOT fixed, NOT
opinion of President procedure for removal -
 Term NOT fixed, NOT pleasure of Governor
procedure for removal -  Conventionally resigns
pleasure of President with Gov.
 Conventionally resigns with  Governor determine
Gov. remuneration
 President determine
remuneration 25
Attorney General Advocate General
Duties & Functions Duties & Functions
Legal advice to GoI referred Legal advice to Gov. of a state
by President referred by Governor
Legal duties Assigned by Legal duties Assigned by
President- appear on behalf of Governor
GoI in all cases in S. Court, Rights inside State
represent GoI in S.Court for Right of audience in all courts-
Presidential reference, appear with out vote : right to speak
in any H.Court when required and take part in both
by GoI houses/joint sitting, right to
Rights part of legislature committee
Right of audience in all courts- where named as member-
with out vote : right to speak enjoys privileges & immunities
and take part in both of MLA
houses/joint sitting, right to
part of parliament committee
where named as member-
enjoys privileges & immunities
of MP
26
Attorney General Solicitor General
Limitations To Assist Attorney General
 Should not advice or hold NOT mentioned in Art 76 of
a brief against GoI constitution
 Should not defend accused
persons in criminal
prosecution without
permission of GoI
 Should not accept
appointment in any
company/corporation
without permission of GoI
 NOT a full-time counsul
 NOT a government servant
 NOT debarred from private
practice
27
NATIONAL COMMISSION NATIONAL COMMISSION
FOR SCs FOR STs
• Art.338, Part XVI • Art.338 –A, Part XVI, 89th
• Evolution: A. Act
Constitutional Special • Evolution: Constitutional
Officer to non-statutory Special Officer to non-
commission to statutory commission to
Constitutional Body (65th
Constitutional Body A. Act)
(65th A. Act) • 89th A. Act 2003 – NCSCs
• 89th A. Act 2003 – & NCST
NCSCs & NCST • Came in 2004
• Came in 2004 • Chair+ Vice Chair + 3
• Chair+ Vice Chair + 3 Members
Members • Appointed by President
• Appointed by President [warrant under hand &
[warrant under hand & seal]
seal] • Service & Tenure
determined by President
• Service & Tenure • Note: 1999 Ministry of
determined by Tribal Affairs
President [3 years]
28
• The Chairperson has been given the rank of
Union Cabinet Minister, and the Vice-
Chairperson that of a Minister of State and
other Members have the ranks of a Secretary to
the Government of India.
29
CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan
FUNCTIONS of NCSCs FUNCTIONS of NCSTs
• Investigate, Monitor & • Investigate, Monitor &
evaluate – legal evaluate – legal
safeguards safeguards
• Inquire into specific • Inquire into specific
complaint related to complaint related to
deprivation of rights deprivation of rights
• Participate, advise, • Participate, advise,
evaluate planning evaluate planning
process in Union/State process in Union/State
• Recommendations for • Recommendations for
protection, welfare & protection, welfare &
socio-economic socio-economic
development in development in
Union/State Union/State
• Annually or at such • Annually or at such
other times, report  other times, report 
President President
• Other functions • Other functions
President may specify President may specify
30
Report of the Commission Report of the Commission
President places all President places all

such reports along with such reports along with
a memorandum (action a memorandum (action
taken + non- taken + non-
acceptance) in acceptance) in
parliament parliament
President also forward President also forward

any report pertaining to any report pertaining to
state to Governor. state to Governor.
Governor places all Governor places all
such reports along with such reports along with
a memorandum (action a memorandum (action
taken + non- taken + non-
acceptance) in acceptance) in
legislature legislature
31
POWERS OF THE POWERS OF THE
COMMISSION COMMISSION
• Power to regulate its own • Power to regulate its own
procedure procedure
• Powers of a Civil Court • Powers of a Civil Court
 Summoning & enforcing  Summoning & enforcing
attendance of any person attendance of any person
from any part of India & from any part of India &
examining him on oath examining him on oath
 Requiring the discovery  Requiring the discovery
and production of any and production of any
document document
 Receiving evidence on  Receiving evidence on
affidavits affidavits
 Requisitioning any public  Requisitioning any public
record from any court or record from any court or
office office
 Issuing summons for the  Issuing summons for the
examination of witnesses examination of witnesses
& documents & documents
 Other matter determined  Other matter determined
by president by president
32
Other functions of NCSTs
• In 2005 President specified
• Ownership measures related to
minor forest produce
• Safeguard measures related to
Mineral, Water resources as per
law
• Livelihood strategies measures
• Preventive measures for
alienation from land &
rehabilitation measures for
affected
• Elicit cooperation for protecting
forests & social afforestation
• Ensuring implementation of
PESA Act, 1996
• Reducing & eliminating shifting
cultivation
33
The safeguards provided to Scheduled Castes are
grouped in the following broad heads
Social Safeguards - Article 17, 23, 24 and 25 (2) (b)

Economic Safeguards - Article 23, 24 and 46
Educational & Cultural Safeguards - Article15 (4)
Political Safeguards - Article 243, 330 and 332
Service Safeguards - Articles 16(4), 16(4A) and 335
34
SPECIAL OFFICER FOR LINGUISTIC MINORITIES –
Commissioner for Linguistic Minorities
• Originally NOT
• State Reorganization Commission recommended
• 7th A. Act of 1956, Art. 350-B, Part XVII
• Appointed by President
• Report  President  parliament & concerned
state governments
• Report interval as President may direct
• Constitution does NOT specify qualification,
tenure, salaries & allowances, service conditions,
and procedure for removal
• Created in 1957
• HQs – Allahabad, 3 Regional Offices Belgaum,
Chennai, Kolkata
• Under Minority Affairs Ministry
•
35
Role
Looking grievances of
(individuals/organisation/state or UT Gov.)
non-implementation of constitutional &
nationally agreed scheme
Publicize constitutional safeguards
Function
Investigate safeguards
Monitor safeguards – questionnaires, visits,
conferences, seminars, meetings, review
mechanism etc.,
Objectives
Equal opportunities to linguistic minorities
National integration
Safeguards awareness
Safeguards implementation by states/UTs
36
• Safeguards types
• (1) Those provided in the Constitution
Constitutional Provisions
Article 29
Article 30
Article 347
Article 350
Article 350A
(2) Those arrived at by consensus by Central and State Governments

through series of meetings
• Instruction through minority languages at the Secondary stage of
education
(3) The Combined Scheme
• 1+2
37

Constitutional Bodies

Uploaded by

Copyright:

Available Formats

Constitutional Bodies

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Constitutional Bodies

Uploaded by

Copyright:

Available Formats

Constitutional Bodies

An individual ministry/Dept NO power to reject

President places all President places all

President also forward President also forward

Social Safeguards - Article 17, 23, 24 and 25 (2) (b)

(2) Those arrived at by consensus by Central and State Governments

(3) The Combined Scheme

You might also like