Module 10 Class 28

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CONSTITUTION

WBCS
Module 10/ Class 28
Important Constitutional Bodies(CAG, UPSC & SPSC)
By – Dept. of Political Science
CONSTITUTIONAL BODIES → COURTS, CAG, PSCs etc.

NON - CONSTITUTIONAL BODIES → NITI AYOG, NHRC etc.


CAG
PART - V
Art. 148 - 151

GIRISH CHANDRA MURMU


CAG
Reference → Article - 148
❑ There shall be a CAG of India who shall be appointed by the President and
shall only be removed from office in like manner and on the like grounds as
a Judge of the Supreme Court
❑ Oath of CAG shall be administered by the President
❑ The salary and other conditions of service of the CAG shall be shall be
determined by Parliament by law & shall be charged upon the Consolidated
Fund of India
❑ The CAG shall not be eligible for further office under Centre Government or
State Government after he has ceased to hold his office
❑ The conditions of service of persons serving in the Indian Audit and Accounts
Department and the administrative powers of the Comptroller and Auditor
General shall be such as may be prescribed by rules made by the President after
consultation with the Comptroller and Auditor General.
CAG
Reference → Article - 149
Duties & Powers of CAG
❑ The CAG shall perform such duties and exercise such powers in relation to the
accounts of the Union and of the States and of any other authority or body as may be
prescribed by or under any law made by Parliament and, until provision in that behalf
is so made, shall perform such duties and exercise such powers in relation to the
accounts of the Union and of the States as were conferred on or exercisable by the
Auditor General of India immediately before the commencement of this Constitution
in relation to the accounts of the Dominion of India and of the Provinces respectively
❑ Parliament → CAG’s Duties, Powers and Conditions of Service Act, 1971
CAG
Reference → Article - 151
Audit Report of CAG
❑ The reports of the CAG of India relating to the accounts of the Union shall be
submitted to the President, who shall cause them to be laid before each House
of Parliament

❑ The reports of the CAG of India relating to the accounts of a State shall be
submitted to the Governor of the State, who shall cause them to be laid before
the Legislature of the State
UPSC & SPSCs

UPSC WEST BENGAL PSC


UPSC & SPSCs
Reference → Article - 315
❑ There shall be a Public Service Commission for the Union (UPSC) and a Public
Service Commission for each State (SPSC).

❑ Two or more States may agree that there shall be one Public Service Commission
for that group of States, and if a resolution to that effect is passed by the House or,
where there are two Houses, by each House of the Legislature of each of those
States, Parliament may by law provide for the appointment of a Joint State Public
Service Commission to serve the needs of those State.
UPSC & SPSCs
Reference → Article - 316
Appointment & Term of Office

❑ The Chairman and other members of a Public Service Commission shall be


appointed, in the case of the Union Commission or a Joint Commission, by the
President, and in the case of a State Commission, by the Governor of the State

❑ A member of a Public Service Commission shall hold office for a term of six
years from the date on which he enters upon his office or until he attains, in the
case of the Union Commission, the age of sixty five years, and in the case of a
State Commission or a Joint Commission, the age of sixty two years,
whichever is earlier
UPSC & SPSCs
Reference → Article - 316
Appointment & Term of Office

❑ A member of a Public Service Commission may, by writing under his hand


addressed, in the case of the Union Commission or a Joint Commission, to the
President, and in the case of a State Commission, to the Governor of the State,
resign his office

❑ A person who holds office as a member of a Public Service Commission shall, on


the expiration of his term of office, be ineligible for re appointment to that office
UPSC & SPSCs
Reference → Article - 317
Removal of Members of PSCs

❑ With Enquiry by Supreme Court → The Chairman or any other member of a


Public Service Commission shall only be removed from his office by order of the
President on the ground of misbehaviour after the Supreme Court, on reference
being made to it by the President, has, on inquiry
❑ Without Enquiry by Supreme Court → The President may by order remove
from office the Chairman or any other member of a Public Service Commission if
the Chairman or such other member, as the case may be -
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside the
duties of his office; or
(c) is, in the opinion of the President, unfit to continue in office by reason of
infirmity of mind or body
UPSC & SPSCs
Reference → Article - 319
Eligibility for Further Appointment
❑ The Chairman of the Union Public Service Commission shall be ineligible for further employment
either under the Government of India or under the Government of a State
❑ The Chairman of a State Public Service Commission shall be eligible for appointment as the
Chairman or any other member of the Union Public Service Commission or as the Chairman of any
other State Public Service Commission, but not for any other employment either under the
Government of India or under the Government of a State
❑ A member other than the Chairman of th Union Public Service Commission shall be eligible for
appointment as the Chairman of the Union Public Service commission or as the Chairman of a State
Public Service Commission, but not for any other employment either under the Government of India
or under the Government of a State
❑ A member other than the Chairman of a State Public Service Commission shall be eligible for
appointment as the Chairman or any other member of the Union Public Service Commission or as
the Chairman of that of any other State Public Service Commission, but not for any other
employment either under the Government of India or under the Government of a State
UPSC & SPSCs
Reference → Article - 320
Functions of PSCs
❑ It shall be the duty of the Union and the State Public Service Commissions to conduct examinations
for appointments to the services of the Union and the services of the State
❑ It shall also be the duty of the Union Public Service Commission, if requested by any two or more
States so to do, to assist those States in framing and operating schemes of joint recruitment for any
services for which candidates possessing special qualifications are required
❑ The Union Public Service Commission or the State Public Service Commission, as the case may be,
shall be consulted
❑ on all matters relating to methods of recruitment to civil services and for civil posts
❑ on all disciplinary matters affecting a person serving under the Government of India or the
Government of a State in a civil capacity, including memorials or petitions relating to such
matters
❑ on any claim for the award of a pension in respect of injuries sustained by a person while
serving under the Government of India or the Government of a State etc.
UPSC & SPSCs
Reference → Article - 323
Reports of PSCs
❑ UPSC submits reports before the President and SPSC submits report before the Governor

Reference → Article - 312


All India Service

❑ New All – India Services → By Parliament (if RS passes a resolution by 2/3rd


Majority for National Interest)

❑ Sardar Patel → Father of All – India Services


UPSC & SPSCs
Examples of Public Services

❑ All – India Services – IAS, IPS, IFS (Indian Forest Service)

❑ Central Services – Central Engineering Service, Central Health Service, Central


Legal Service, IRS Indian Revenue Service), Indian Foreign Service etc

❑ State Services – Civil Service, Police Service, Agricultural Service, Health Service
etc
UPSC & SPSCs
TRIBUNALS
Part – XIV - A

❑ Art. 323 – A – Administrative Tribunals –


CAT, SAT

❑ Art. 323 – B – Tribunals for Other Matters


Thank You
See you next day

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