Constitutional Bodies in India

Constitutional Bodies in India

 

Introduction

The Constitution of India provides for various Constitutional Bodies in India that play a pivotal role in the administration and ensure the smooth functioning of the democracy. Integral to the functioning of the democratic polity and governance in India, these bodies have a significant role in ensuring that the constitutional mandate is upheld and the country operates in the constitutional framework.

 

 

 

What is a Constitutional Body?

  • In the context of India, a Constitutional Body refers to an institution or authority that derives its powers and responsibilities directly from the Constitution of India.
  • The Constitution either directly establishes these entities or mandates their creation, outlining their composition, powers, functions, and duties. These bodies are explicitly mentioned in the Constitution, making them a fundamental part of the country’s governance and administrative structure.

 

Important Constitutional Bodies in India

1.Election Commission of India

  • It was established on 25th January 1950 under the Indian Constitution.
  •  It is an autonomous constitutional authority.
  • It is held responsible for administering Union and State election processes in the country.
  • It governs elections to the Rajya Sabha, Lok Sabha, and State Legislative Assemblies in India, and the offices of the Vice President and President in the nation.

 

Constitutional Provisions

  • 324:The control and Direction of elections to be vested in the Election Commission.
  • 325     :No person to be stated ineligible for inclusion in, or to claim to be included in a special, electoral roll on the grounds of religion, race, caste, or sex.
  • 326     :Elections in the Houses and the legislative assemblies of the states to be based on Adult Suffrage.
  • 327     :Authority granted to the parliament to make provisions concerning the elections in legislatures.
  • 328     :Power of the Legislature of a state to make provisions relating to the elections for legislatures.
  • 329     :Interference of Courts in the matters of the Electoral Commission.

 

Composition of Election Commission

  • It contains one Election Commission Officer and two Election Commissioners. And it shall be noted that the President of India appoints Election Commission Officers and the Election Commissioners.
  • After the appointment, they are supposed to serve for 6 years or up to the age of 65 years, whichever is earlier. The secretariat of the Election Commission is put up in the National Capital, Delhi.

 

Power and Functions of EC

  • It allows recognition and symbols to the political parties.
  • The Election Commission prepares electoral rolls and issues an Electronic Photo Identity Card, also known as EPIC.
  • Decides the election schedules for the conduction of periodic and timely elections, both general and bye-elections.
  • The Commission issues the model of conduct that needs to be followed by the political parties during the election campaigns.
  • It also sets the limit of the campaign expenditure per candidate and also monitors them.
  • It makes sure that the elections are held with the utmost credibility, fairness, freeness, integrity, accountability, transparency, and more.

Procedure for Removal

  • Since the Election commissioner enjoys the same perks as that of the Judge of the Supreme Court of India, Therefore, his process of removal is also the same as that of the Supreme Court Judge by the Parliament.

 

2.Union Public Service Commission (UPSC)

The first Public Service Commission was set up back in the year 1926 on 1st October. However, it was on 26 January 1950 that it was accorded constitutional status. With this, it was given the title of a Union Public Service Commission, also known as UPSC.

Composition of UPSC

  • The Union Public Serving Commission is headed by a Chairman and has other members at the bottom.
  • They are selected by the President of the country.
  • The members of the commission are reckoned to have an office for at least ten years either under the government of India or the Government of a State.
  • The chairman and the members of the commission are supposed to hold the office for either 6 years or till they complete 65 years of age, whichever is earlier.

Constitutional Provisions

  • Article-315: Public Service Commissions for the Union and for the States.
  • Article-316:Appointment and term of office of members.
  • Article-317: Removal and suspension of a member of a Public Service Commission.
  • Article-318: Power to make regulations as to conditions of service of members and staff of the Commission.
  • Article-319: Prohibition as to the holding of offices by members of Commission on ceasing to be such members.
  • Article-320: Functions of Public Service Commissions.
  • Article-321: Power to extend functions of Public Service Commissions.
  • Article-322:Expenses of Public Service Commissions.
  • Article-323: Reports of Public Service Commissions.

Power and Functions of UPSC

  • It is responsible for the conduction of exams concerning the appointments to the services of the union that includes AIS, central and public services of the union territories.
  • This commission is consulted on matters relating to the recruitment of civil services and civil posts.
  • The commission assists the states in framing and operating the schemes for the joint recruitment of any services.
  • The work done by the commission is presented to the President of the country annually in the form of a report.
  • If the President refers, then the commission is consulted on any matter relating to the personnel management.

Removal of the UPSC Chairman

  • Chairman or any other member of a Union Public Service Commission shall be removed before his term, only by the order of the President on the grounds of misbehavior. It needs to be presented before the Supreme Court.

 

3.State Public Service Commission (SPSC)

Under the Government of India Act 1935, it was said that the establishment of the Public Service Commission at the Provincial level will be known as the State Public Service Commission. And it was stated that SPSC will be given the status of a constitutional body.

Composition of SPSC

  • An SPSC consists of a chairman at the top and other members at the bottom. The chairman and the members of the SPSC are selected by the governor of the state.
  • Like that of the UPSC, one-half of the members of an SPSC should have held an office for at least 10 years either under the government of India or the government of the respective state.
  • The members and the chairman of the commission are supposed to serve either for 6 years or till they complete 62 years of age.

Power and Functions of SPSC

  • Conducts examinations for appointments relating to the services of the state.
  • The SPSC is consulted on all the matters relating to the recruitment of civil posts and civil services
  • The commission is consulted on the matters that relate to personnel management.
  • The work done by the commission is presented annually to the governor of the state in the form of a report.

 

4.Joint State Public Service Commission

  • The constitution provides for the establishment of JPSC for two or more states.
  • JPSC is created by an act of parliament on the request of the state legislature concerned, thus JPSC is a statutory body and not a constitutional body.
  • The chairman and the members are appointed by the president. They hold office for a period of 6 years or 62 years whichever is earlier.
  • They can be suspended or removed by the president. The number of members and condition of service are determined by the president.

 

5.Finance Commission

It is a constitutional body that is made to allocate the revenue resources between the state governments and the union. The commission was established in 1950 by the President of India under Article 280 of the Indian Constitution.

 

Composition of Finance Commission

  • The Finance Commission consists of a Chairman at the top and 4 members at the bottom. The chairman is supposed to have experience in the public affairs and looks over the activities of the commission.
  • The qualifications and the selection procedure of the members of the Finance Commission are determined by the Parliament. All the appointments of the Finance Commission are made by the President of India.

 

Power and Functions of Finance Commission

  • It has certain and sufficient powers to exercise its functions within its activity domain.
  • The President can refer to the Finance Commission, any matter related to the matters of sound finance.
  • It evaluates the rise of the consolidated fund of a state to attach the resources of the state to the Municipality and the Panchayats.
  • It can make recommendations relating to the principles directing the grants in aid to the states by the center, out of the Consolidated Funds of the country.
  • The Finance Commission holds all the powers as that of a Civil Court in the country.

 

Constitutional Provisions Related to the Finance Commission of India (FCI)

  • Article 280 and Article 281 of the Constitution of India deal with the provisions related to the Finance Commission of India (FCI).
    • Article 280:Finance Commission
    • Article 281:Recommendations of the Finance Commission

 

6.National Commission for SC’S And ST’S

  • The National Commission for Scheduled Castes (NCSC) and scheduled tribes (NCST) were established under Articles 338A and 338B of the Indian constitution by the 89th Constitutional Amendment Act, 2003.
  • The commission was established with a motive to protect the SC/ST community from discrimination and exploitation.

 

Composition of National Commission for SC’s and ST’s

The National Commission for SC/ST consists of a chairman, a vice-chairman, and 3 members.

 

Power and Functions of National Commission for SC’s and ST’s

  • Enquiring into the complaints that relate to the deprivation of the rights and safeguards of the SCs and STs.
  • Function concerning the protection, welfare, development, and advancement of the SC/ST community.
  • Reporting to the President of India regarding the implementation of the safeguards for the SC/ST.
  • Advise the central or the state governments concerning the planning of the socio-economic development of the SCs and STs.

 

7.Attorney General of India

The chief legal advisor of the country is known as the Attorney General of India. He is appointed by the President of the country on the recommendations of the Union Cabinet.

The Attorney General holds the office as per the preference of the President.

Powers and functions of the Attorney General of India

  • He enjoys the privileges of the Member of Parliament.
  • Has the rights of an audience in all the Indian Courts.
  • It holds the authority to attend both the Lok Sabha and the Rajya Sabha.
  • The attorney general cannot vote in any of the houses.

 

8.Special officer for Linguistic Minorities

  • Article 350 B of the Indian Constitution talks about the provision for Special Officers for linguistic minorities. The special officer is assigned the duty to investigate the matters that relate to the safeguards that are provided to the linguistic minorities.
  • It is supposed to present its report to the president of the country regarding such matters. All these matters are supposed to be presented before the houses by the president of the country and are forwarded to any state governments if required.

 

Functions of the Officer for the Linguistic Minorities

  • Investigate the matters that are related to the safeguards of the linguistic minorities.
  • Present the report to the president of the country regarding the implementation and the work that is done by him.
  • It is supposed to monitor these safeguards by regular questionnaires, seminars, meetings, and more.

 

9.Comptroller and Auditor General of India (CAG)

 

  • It is an independent authority under the Constitution of India.
  • He is the head of the Indian audit & account department and chief Guardian of Public purse.
  • It is the institution through which the accountability of the government and other public authorities (all those who spend public funds) to Parliament and State Legislatures and through them to the people is ensured.

How did the Office of the CAG come into Being?

  • The Office of the Accountant General was established in 1858 (the year the British took over administrative control of India from the East India Company). In 1860 Sir Edward Drummond was appointed as the first Auditor General.
  • Meanwhile after some restructuring the Auditor General of India came to be called the Auditor and Accountant General to the Government of India.
  • In 1866, the position was renamed Comptroller General of Accounts, and in 1884, it was re-designated as Comptroller and Auditor General of India.
  • Under the Government of India Act 1919, the Auditor General became independent of the government as statutory backing was given for the position.
  • The Government of India Act 1935 further strengthened the position of the Auditor General by providing for Provincial Auditors General in a federal set-up.
  • The act also described the appointment and service procedures and gave a brief overview of the duties of the Auditor General of India.
  • The Accounts and Audits Order of 1936 provided detailed accounting and auditing functions of the auditor general.
  • This arrangement remained unchanged until India’s independence in 1947. After independence, Article 148 of the 1949 Indian Constitution provided for the establishment of a Comptroller and Auditor General to be appointed by the President of India.
  • CAG jurisdiction was extended to Jammu and Kashmir in 1958.
  • In 1971 the central government enacted the Comptroller and Auditor General (Duties, Powers, and Conditions of Service) Act, 1971. The act made CAG responsible for both accounting and auditing duties for central and state governments.
  • In 1976 CAG was relieved from accounting functions.
  • CAG has undergone rapid computerization and modernization since the 1990s and the pervasive nature of Indian corruption has kept CAG vigilant and it has audited and investigated some of the worst and most controversial corruption scandals in Indian history.

What are the Constitutional Provisions regarding the CAG?

  • Article 148 broadly deals with the CAG appointment, oath and conditions of service.
  • Article 149 deals with Duties and Powers of the Comptroller and Auditor-General of India.
  • Article 150 says that the accounts of the Union and of the States shall be kept in such form as the President may, on the advice of the CAG, prescribe.
  • Article 151 says that the reports of the Comptroller and Auditor-General 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 Comptroller and Auditor-General 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.

  • Article 279 – Calculation of "net proceeds" is ascertained and certified by the Comptroller and Auditor-General of India, whose certificate is final.
  • Third Schedule – Section IV of the Third Schedule of the Constitution of India prescribes the form of oath or affirmation to be made by the Judges of the Supreme Court and the Comptroller and Auditor-General of India at the time of assumption of office.
  • Sixth Schedule – According to this schedule, the District Council or Regional Council should be kept in such form as the CAG prescribes with the approval of the President. In addition these bodies' accounts are audited in such a manner as CAG may think fit, and the reports relating to such accounts shall be submitted to the Governor who shall cause them to be laid before the Council.

What are the duties and powers of CAG?

The Constitution (Article 149) authorizes the Parliament to prescribe the duties and powers of the CAG in relation to the accounts of the Union and of the states and of any other authority or body. Accordingly, the Parliament enacted the CAG’s (Duties, Powers, and Conditions of Service) Act, 1971. The duties and functions of the CAG as laid down by the Parliament and the Constitution are as follows:

  • He audits the accounts related to all expenditures from the Consolidated Fund of India, the consolidated fund of each state,
  • He audits all expenditures from the Contingency Fund of India and the Public Account of India as well as the contingency fund of each state and the public account of each state.
  • He audits all trading, manufacturing, profit, and loss accounts, balance sheets, and other subsidiary accounts kept by any department of the Central Government and state governments.
  • He audits the receipts and expenditures of the Centre and each state to satisfy himself that the rules and procedures on that behalf are designed to secure an effective check on the assessment, collection, and proper allocation of revenue.
  • He audits all transactions of the Central and state governments related to debt, sinking funds, deposits, advances, suspense accounts, and remittance business. He also audits receipts, stock accounts, and others, with the approval of the President or when required by the President.
  • He audits the accounts of any other authority when requested by the President or Governor. For example, the Audit of local bodies.
  • He advises the President with regard to the prescription of the form in which the accounts of the Centre and the states shall be kept.
  • He submits his audit reports relating to the accounts of the Centre to the President, who shall, in turn, place them before both Houses of Parliament.
  • He submits his audit reports relating to the accounts of a state to the governor, who shall, in turn, place them before the state legislature.

 

10.Goods and Services Tax (GST)

  • The Goods and Services Tax is a form of Indirect Tax levied on most of the goods and services sold in India for domestic consumption.
  • It is based on the principle of Value Added Tax (VAT) and is applicable throughout India.
  • It is paid by consumers, but it is remitted to the government by the businesses selling the goods and services.
  • It has subsumed and replaced various indirect taxes that were previously levied by the central and state governments.

History and Evolution of GST in India

  • In 2003, the Kelkar Task Force on Indirect Tax mentioned a comprehensive Goods and Services Tax, which is based on the principle of Value Added Tax (VAT).
  • Budget Speech for the financial year 2006-07 made a proposal to introduce a National-level Goods and Services Tax by 1st April 2010.
  • With an intention to do away with multiple indirect taxes and to have a ‘One Nation One Tax’ system, the Constitution (122nd Amendment) Bill was introduced in 2014.
  • The Constitution (122nd Amendment) Bill was passed as the Constitution (101st Amendment) Act in 2016.
  • Finally, the Goods and Services Tax was introduced and enforced across the country on 1st July 2017.

 

Constitutional Framework for Goods and Services Tax

  • In order to provide for the constitutional basis for the introduction of the Goods and Services Tax, the Constitution (122nd Amendment) Bill was introduced in the Parliament in 2014.
  • The same bill was passed as the Constitution (101st Amendment) Act in 2016.
  • This amendment introduced 3 new articles in the Constitution:
    • Article 246A – Both the Parliament and the State Legislatures will have concurrent powers to make laws related to GST. However, the Parliament will retain exclusive power to legislate in the case of inter-state trade of goods and services.
    • Article 269A – In the case of inter-state trade where GST is levied and collected by the Union Government, the tax revenue proceeds to be apportioned by the Centre between the centre and states in a manner as may be provided by the Parliament by law on the recommendations of the Goods and Services Tax Council (GST Council).
    • Article 279A – It empowers the President of India is empowered to constitute the GST Council and defines its composition and functioning.

 

Conclusion

The Constitutional Bodies in India play a vital role in upholding the principles enshrined in the Constitution and ensuring the smooth functioning of democracy. From overseeing elections to promoting transparency and accountability, these bodies are entrusted with significant responsibilities that contribute to the governance and welfare of the nation. As guardians of democracy, the constitutional bodies continue to strive towards the ideals of justice, equality, and integrity, thereby strengthening the foundation of India’s democratic framework.

 

 

Consider the following organizations/ bodies in India:

1.The National Commission for Backward Classes

2.The National Human Rights Commission

3.The National Law Commission

4.The National Consumer Disputes Redressal Commission

 

How many of the above are constitutional bodies?

a) Only one

b) Only two

c) Only three

d) All four

 

  • “The Comptroller and Auditor General (CAG) has a very vital role to play.” Explain how this is reflected in the method and terms of his appointment as well as the range of powers he can exercise.
  • How is the Finance Commission of India constituted? What do you think about the terms of reference of the recently constituted Finance Commission? Discuss.