CONSTITUTIONAL BODIES


BodyArticlesAppointment & StrengthCondition of Service & TenureQualificationSalary & AllowanceAnnual Report ToRemovalReappointmentMandatory / AdvisoryAdditional Functions & Miscellaneous
Election Commission of India (ECI)Art 3241. By President 2. Strength: 1+21. By President 2. Tenure: 6 years or 65 yearsNo specific qualificationSame as SC JudgeTo President; laid before both Houses1. CEC: Like SC Judge 2. Other ECs: On CEC’s recommendationNot debarredDirectory, not mandatory– Expenses not charged on CFI – Determines territorial areas of constituencies (Delimitation Act) – State Election Commissioner removed like HC Judge – Advice for disqualification binding on President/Governor – ECI cannot deregister parties, only delist/derecognize
Union Public Service Commission (UPSC)Art 315-3241. By President (SPSC by Governor) 2. Strength: 9-111. By President (SPSC: Governor) 2. Tenure: 6 years or 65 years (SPSC: 62 years)1. Not specified 2. ½ members must have 10 years’ experience in Central/State serviceCharged on: 1. UPSC: CFI 2. SPSC: CFoS1. To President; laid before Parliament 2. SPSC & JPSC: To Governor1. No role of Parliament 2. By President for insolvency, infirmity, or misconduct (enquiry by SC)1. Chair: Not eligible 2. Members: Eligible for UPSC chair but not reappointmentAdvisory– AIS & Central services may be excluded from UPSC consultation (needs Parliament’s approval) – UPSC consulted for recruitment, promotions, and transfers, but not for reservations or tribunal appointments – JPSC is statutory, not constituted by President
Finance Commission (FC)Art 2801. By President 2. Strength: 1+41. By President 2. Tenure: 3 yearsAs per FC Act, 1951: – Chair: Experience in public affairs – Members: (1) HC Judge (2) Finance & Accounts Expert (3) Financial & Administrative Expert (4) EconomistAs per Central Govt provisions (FC Act, 1951)To President; submitted annually or as necessaryGrounds: 1. Mentally unsound 2. Insolvent 3. Convicted for immoral offence (enquiry by SC)Eligible for reappointmentAdvisoryAutonomous body under GoIAll powers of Civil Court (CrPC) – Dependent on state-supplied data
National Commission for Scheduled Castes (NCSC)Art 338 & 338A1+1+3Not specifiedNCST Rules, 1990: – Chair: Eminent socio-political worker (ST background) – Members: 2 from ST, 1 womanSame as Secretary, GoITo President via Union Minority Minister1. Chair: By President (grounds: insolvency, infirmity, etc.) 2. Members: If absent for 3+ meetings without permissionNot eligible for more than two termsMandatory– Central & State governments must consult commission on all SC policy matters – 338(10): Includes OBCs & Anglo-Indians – 89th Amendment (2003): Bifurcated from NCSCST
Special Officer for Linguistic Minorities (LM)Art 350BNot specifiedNot specifiedNot specifiedNot specifiedTo President; sent to each state governmentNot specifiedNot eligibleAdvisory7th Amendment (1956): Established HQ in Allahabad
Comptroller & Auditor General of India (CAG)Art 1481. By President 2. Tenure: 6 years or 65 years1. By Parliament 2. Same removal process as SC JudgeSame as SC Judge1. Charged on CFI 2. Salary fixed by Parliament1. President & Governor 2. 3 audit reports: (1) Appropriation (2) Finance (3) Public Undertakings 3. PAC examines & reports findings to ParliamentSame as SC JudgesNot eligibleMandatoryCAG Act, 1971: Defines duties, powers, and functions – 1976 amendment: Separated audit & accounts functions – SC judgment (2014): Can audit private firms in revenue-sharing deals with Govt (natural resources) – External auditor for 11 UN agencies
Attorney General of India (AGI)Art 761. By President 2. Pleasure of PresidentNot specifiedSame as SC Judge1. Salary decided by Parliament 2. Not charged on CFINot specified1. Not a Govt servant 2. Removed at President’s pleasureNot eligibleAdvisoryRight to audience in all courts in India – Can accept directorship in a company (with GoI approval) – Solicitor General appointed by Cabinet Committee

Key Takeaways

  • Election Commission: No security of tenure for other ECs besides CEC.
  • UPSC & SPSC: Advice is not mandatory, and President can exclude matters from consultation.
  • Finance Commission: Defined under FC Act, 1951, with judicial and financial experts as members.
  • NCSC & NCST: Annual reports go to President; NCST plays a role in PESA implementation.
  • CAG: Has audit (not accounts) function at the Centre but both audit & accounts function at the State level.
  • Attorney General: Can appear in all courts but not a Govt servant.

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