Constitutional Bodies

1. Constitutional Bodies “Constitutional Bodies” refers to the various independent and autonomous institutions that are established and mandated by the Constitution of a country to perform specific functions essential for the governance and functioning of the state. These bodies are established to ensure checks and balances, uphold the principles of democracy, protect citizens’ rights, and provide expertise and advice on various matters. In the context of India, there are several key constitutional bodies: There are many Constitutional Bodies in India out of which some important are mentioned below.

1. Election Commission of India
2. Union Public Service Commission of India
3. State Public Service Commission of India
4. Finance Commission
5. Goods and Services Tax Council
6. National Commission for SCs
7. National Commission for STs
8. National Commission for BCS
9. Comptroller and Auditor General of India
10. Attorney General of India rewrite

2. Election Commission of India (ECI) The Election Commission of India (ECI) is a constitutional body with a pivotal role in upholding the democratic principles of the country by overseeing and conducting elections. Established on January 25, 1950, through Article 324 of the Constitution of India, the ECI is an independent and autonomous authority entrusted with the responsibility of ensuring free, fair, and transparent elections across the nation. Its significance lies in its role as the guardian of the electoral process, promoting the fundamental tenets of democracy and ensuring that the voice of the people is effectively represented. Constitutional Provisions Part XV (Article 324-329) of the Indian Constitution delineates the framework for elections and mandates the establishment of a commission to oversee these matters. Article 324: This provision bestows the Election Commission with the authority for the superintendence, direction, and control of elections. Article 325: Ensures that no individual is excluded from electoral rolls based on grounds of religion, race, caste, or sex. Article 326: Establishes that elections to the House of the People (Lok Sabha) and State Legislative Assemblies are based on adult suffrage. Article 327: Grants the power to the Parliament to enact laws concerning elections to the legislatures. Article 328: Empowers State Legislatures to create laws governing elections to their respective legislatures. Article 329: Bars interference by courts in electoral matters Composition of the Election Commission The Election Commission of India consists of three members Chief Election Commissioner (CEC): The CEC is the head of the Election Commission and holds the highest authority. The CEC is responsible for guiding the activities of the ECI and making important decisions regarding electoral matters. Election Commissioners: In addition to the CEC, there can be up to two Election Commissioners who work alongside the CEC in conducting elections and performing the duties assigned to the Commission. Functions and Powers of the Election Commission of India: Conducting Elections: The ECI is responsible for conducting elections to the offices of the President, Vice President, Members of Parliament (Lok Sabha and Rajya Sabha), and State Legislative Assemblies and Councils. It ensures that elections are conducted in a free, fair, and impartial manner. Delimitation of Constituencies: The ECI reviews and revises constituencies for parliamentary and assembly elections to ensure equitable representation and proportional allocation of seats based on population changes. Voter Registration: The ECI prepares and maintains accurate electoral rolls, including the registration of eligible voters, periodic revisions, and updating voter information. Model Code of Conduct: The ECI enforces the Model Code of Conduct, a set of guidelines for political parties and candidates to ensure ethical conduct during elections, prevent misuse of government resources, and maintain a level playing field. Political Party Registration: The ECI registers political parties based on specific criteria and monitors their compliance with election laws, symbol allotment, and internal party democracy. Election Monitoring: The ECI deploys election observers to monitor the conduct of elections and ensures that the electoral process is free from malpractices, fraud, and undue influence. Dispute Resolution: The ECI adjudicates election-related disputes, petitions, and complaints, contributing to the credibility of the electoral process. Electoral Reforms: The ECI recommends and implements electoral reforms to enhance the transparency and fairness of the electoral process. It proposes changes to election laws and procedures to strengthen democratic governance. Voter Education and Awareness: The ECI conducts voter education campaigns to raise awareness about voting rights, electoral procedures, and the significance of participation in the democratic process. Independence and Autonomy The ECI operates independently from the executive and legislative branches of government to ensure impartiality and prevent undue influence. This autonomy is essential for conducting elections with integrity and upholding democratic values. Challenges and Achievements Over the years, the ECI has successfully conducted numerous elections, fostering a vibrant democracy in India. It has adopted innovative methods, such as electronic voting machines (EVMs) and Voter Verifiable Paper Audit Trails (VVPATs), to enhance the accuracy and transparency of the voting process. 3. Union Public Service Commission (UPSC) The Union Public Service Commission (UPSC) is a prominent constitutional body in India that plays a crucial role in the governance and administration of the country. Established under Article 315 of the Indian Constitution, the UPSC is responsible for conducting examinations for the appointment of various civil servants in the central government and central government-controlled organizations. Its mandate also extends to advising the President on matters related to appointments, promotions, transfers, and disciplinary actions concerning civil services. Key Features of UPSC as a Constitutional Body Constitutional Mandate: The UPSC derives its authority and existence directly from Articles 315-323 of the Indian Constitution, making it a fundamental part of the country’s governance structure. Independence: The UPSC operates independently of the executive and legislative branches of the government. This autonomy ensures the impartiality and fairness of its recruitment and selection processes. Appointment and Removal: The Chairman and members of the UPSC are appointed by the President of India. Their removal follows the same process as that of a Judge of the Supreme Court, providing them with security and stability. Functions and Responsibilities Recruitment and Selection: One of the primary functions of the UPSC is to conduct examinations for the recruitment of various civil servants in the central government, including the Indian Administrative Service (IAS), Indian Police Service (IPS), Indian Foreign Service (IFS), and other Group A and Group B services. Advisory Role: The UPSC advises the President on matters related to the appointment and promotion of civil servants, as well as disciplinary actions against them. The President can seek UPSC’s recommendations before making appointments to key government positions. Conducting Examinations: The UPSC conducts the prestigious Civil Services Examination (CSE), which is considered one of the toughest competitive exams in the country. It also conducts other exams such as the Combined Defense Services Examination (CDSE), Engineering Services Examination (ESE), and others. Setting Standards: The UPSC sets the standards for recruitment and selection processes, ensuring that the selection of civil servants is based on merit, competence, and fairness. Transparency: The UPSC ensures transparency in the selection process by conducting examinations fairly and objectively. It publishes results and conducts interviews openly and impartially. Safeguarding Meritocracy: By conducting rigorous examinations and assessments, the UPSC helps uphold the merit-based selection of candidates, ensuring that the most capable individuals are chosen for various government positions. 4. State Public Service Commission (SPSC) The State Public Service Commission (SPSC) is a constitutional body established in each state of India to oversee and manage the recruitment and selection of civil servants for various state government services. It operates as a vital component of the state’s administrative machinery, ensuring that the process of appointing civil servants is conducted in a fair, transparent, and merit-based manner. The SPSC plays a crucial role in upholding the principles of good governance and effective public administration within the state. Key Features and Functions of State Public Service Commissions (SPSC) as a Constitutional Body Constitutional Mandate: The establishment and functioning of State Public Service Commissions are enshrined in the Indian Constitution under Articles 315 to 323. Each state is mandated to have its own SPSC, making it an integral part of the state’s governance structure. Recruitment and Selection: The primary function of the SPSC is to conduct examinations, assessments, and interviews to select candidates for various state government services. This includes appointments to Group A and Group B posts, as well as other positions within the state administration. Advisory Role: The SPSC serves as an advisory body to the state government on matters related to appointments, promotions, transfers, and disciplinary actions concerning state civil services. Its recommendations contribute to the effective management of the state’s administrative workforce. Merit-Based Selection: One of the fundamental principles upheld by the SPSC is meritocracy. It ensures that candidates are selected based on their qualifications, skills, and abilities, thus promoting a capable and efficient civil service. Equal Opportunity: The SPSC plays a pivotal role in providing equal opportunities to candidates from diverse backgrounds. By conducting examinations and assessments fairly and impartially, it ensures that candidates are judged solely on their capabilities. Autonomy and Independence: Similar to other constitutional bodies, the SPSC operates independently of the executive and legislative branches of the state government. This autonomy safeguards the integrity of the selection process and prevents undue influence. Setting Standards: The SPSC establishes the standards and criteria for the recruitment process, guaranteeing that the process is consistent, transparent, and objective. Transparency: The SPSC ensures transparency throughout the recruitment process, from announcing vacancies and conducting examinations to publishing results. This transparency helps build public trust and confidence in the selection process. Constitutional Safeguards: The SPSC enjoys certain constitutional safeguards, including provisions for the appointment, removal, and terms of office of its members. These safeguards help maintain the independence and credibility of the commission. Contribution to Governance: By selecting qualified and capable individuals for state government services, the SPSC significantly contributes to the efficient functioning of the state administration, which in turn impacts the delivery of public services, policy implementation, and overall governance. 5. Joint State Public Service Commission (JSPSC) The establishment of a Joint State Public Service Commission (JSPSC) catering to two or more states is delineated within the framework of the Indian Constitution. While the Union Public Service Commission (UPSC) and the State Public Service Commissions (SPSCs) derive their establishment directly from the Constitution, the formation of a JSPSC follows a distinct process. It is brought into existence through an act of Parliament, prompted by a formal request from the respective state assemblies. Historical Background The historical antecedents of this arrangement trace back to the Government of India Act of 1919, which mandated the establishment of a Central Public Service Commission in 1926. This commission was entrusted with the responsibility of recruiting government officials. Subsequently, the Government of India Act of 1935 paved the way for not only a Federal Public Service Commission but also Provincial Public Service Commissions and Joint Public Service Commissions for territories encompassing multiple provinces. Functions and Responsibilities Unlike constitutional bodies, a JSPSC holds the status of a statutory entity. An illustrative case of a JSPSC existed briefly after the separation of Haryana from Punjab in 1966 when both states shared this commission. The appointment of the chairman and members of a JSPSC is made by the President, with their tenure spanning six years or until they attain the age of 62, whichever occurs earlier. The President also possesses the authority to terminate or suspend their services, and they retain the option to tender their resignation at any juncture. The composition of JSPSC members and the terms of their service are delineated by the President. An annual performance report is presented by a Joint State Public Service Commission to the respective state governors. This report subsequently finds its way to the state legislature, as transmitted by the governor. Additionally, the UPSC, with the President’s assent and upon the request of a State Governor, can extend its services to fulfil the requirements of a state. 6. Finance Commission

• Established under Article 280 of the Constitution, the Finance Commission is a constitutional body responsible for recommending the distribution of tax revenues among the Centre and states, and among states themselves.
• It operates in five-year cycles and is appointed by the President of India.

Historical Background

• The origins of the Finance Commission trace back to the early 1920s, during British rule, to address fiscal disparities.
• Dr B.R. Ambedkar, the then-law minister, established the first Finance Commission in 1952, chaired by Shri K.C. Neogy.
• This marked a significant step toward rectifying financial imbalances between the Centre and the States, eventually becoming an integral part of the Indian Constitution.

Composition

• The Finance Commission comprises a chairman and four additional members, all appointed by the President of India.
• While the chairman possesses expertise in public affairs, the remaining members can be selected from categories like judges, finance and accounts specialists, administrators, and economists.
• Their tenure, typically five years, can be extended, and they serve on a part-time or volunteer basis.

Tenure

• The President specifies the term of office for the Commission’s members, which usually spans five years.
• Reappointment is a possibility, allowing for continuity.
• The President can also call for an early appointment if deemed necessary, ensuring that the Commission remains a consistent presence amidst changing financial landscapes.

Functions

• The Finance Commission shoulders multifaceted responsibilities, chief among them being recommendations on the distribution of net tax proceeds between the Union and States, and among the States themselves.
• It guides the principles underlying grants-in-aid from the consolidated fund of India to State revenues.
• Additionally, it addresses augmenting State Consolidated Funds to bolster Panchayats and Municipalities, while also advising the President on other financial matters for sound governance.

Implementation of Recommendations

• The Commission’s recommendations carry advisory weight and are not binding on the government.
• Upon submission of the Commission’s report, it is presented by the President to both Houses of Parliament.
• The implementation process varies based on the nature of the recommendation.
• Some are executed through Presidential orders, while others necessitate executive actions.
• The government decides the extent of adherence to the Commission’s suggestions.

7. National Commission for Scheduled Castes

• The National Commission for Scheduled Castes (NCSC), established under Article 338 of the Indian Constitution, holds a vital constitutional position.
• Entrusted with the responsibility of investigating and monitoring issues about the safeguards provided to Scheduled Castes (SCs), the NCSC plays a pivotal role in upholding equality and justice.

Evolution and Establishment

• The inception of the NCSC can be traced back to the 65th Amendment of 1978, which led to the creation of the National Commission for Scheduled Castes.
• This marked a significant shift from the earlier arrangement of a special officer for SCs and STs.
• Subsequently, the 89th amendment in 2003 led to the division of the multi-member system, establishing separate bodies for Scheduled Castes and Scheduled Tribes.
• The National Commission for Scheduled Castes officially came into existence in 2004.

Objectives The core objectives of the NCSC are:

• Safeguarding SCs from prejudice and exploitation
• Facilitating the upliftment and advancement of the SC community
• Ensuring the effective application of safeguards and rights for SCs
• Providing a platform for consultation on crucial policy matters impacting SCs

Composition and Structure: The NCSC is composed of:

1. Chairperson
2. Vice-Chairperson
3. Three other members

• Appointed by the President, these members serve to bring diverse expertise and perspectives to address the multifaceted challenges faced by SCs.
• The Chairperson enjoys the status of a cabinet minister, while the Vice-Chairperson holds the rank of a minister of state.

Tenure and Continuity

•  While the tenure of the Chairman is not fixed and continues at the pleasure of the President, a customary practice prevails with a tenure of three years.
• This continuity ensures stability and consistent focus on the Commission’s objectives.

Key Functions and Responsibilities The NCSC undertakes a range of pivotal functions, including: Investigation and Monitoring: Proactively investigating and closely monitoring matters related to safeguards for SCs under the Constitution, laws, or government orders. Rights Protection: Inquiring into specific complaints regarding the violation of rights and safeguards of SCs, and taking necessary actions to address these issues. Developmental Participation: Actively participating and advising on the planning process for the socio-economic development of SCs, thereby contributing to their growth and progress. Progress Evaluation: Regularly evaluate the progress of development initiatives undertaken for SCs at both the national and state levels. Reporting and Recommendations: Presenting comprehensive reports on the efficacy of safeguard policies to the President, along with timely recommendations for enhancing the protection, welfare, and socio-economic development of SCs. Empowered Powers

• The NCSC is vested with significant powers to regulate its procedures.
• In the realm of investigation and inquiry, it possesses the authority of a civil court, allowing it to summon individuals, require document production, receive evidence on affidavits, issue summonses for witness examination, and demand documents.

Inclusive Outreach

• The NCSC extends its mandate to the Anglo-Indian Community, ensuring similar functions for their welfare as it does for SCs, as directed by the President.
• While the NCSC once served Other Backward Classes (OBCs), this responsibility was relinquished by the 102nd Amendment Act of 2018.

Promoting Transparency and Accountability

• The NCSC ensures transparency and accountability by submitting comprehensive reports before each House of Parliament, accompanied by detailed memoranda explaining the actions taken on recommendations.
• Similar reports are forwarded to State Governors for presentation before State Legislatures, underscoring the Commission’s commitment to accountability.

8. Composition, Powers and functions, Removal of the Constitutional bodies The table of the constitutional bodies in India, their composition, powers and functions, and removal process