CONSTITUTIONAL BODIES

CONSTITUTIONAL BODIES

 

UPSC & STATE PSC

 

BODY UPSC SPSC
ARTICLE
  •     Article 315 to 323, Part –XIV
  •      Article 315 to 323, Part -XIV
APPOINTMENT
  •      By PRESIDENT
  •     By GOVERNOR + Appointed by Governor but can only be removed by PRESIDENT
QUALIFICATION
  •      Qualification not mentioned except half members should held office at least 10 years under Government of India (GOI) or State.
  •      Qualification not mentioned except half members should held office at least 10 years under Government of India (GOI) or State.
MEMBERS
  •     Strength not specified on discretion of PRESIDENT.
  •     Consist of 9 to 11 members including Chairman.
  •     Strength not specified on discretion of GOVERNOR.
TENURE
  •     6 years or age of 65 years.
  •      Chairman Not eligible for further appointment in GOI or State.
  •     Members Not eligible for reappointment (i.e. for 2nd term as member) or any other appointment in GOI or State but eligible to be chairman of UPSC or SPSC.
  •      6 years or age of 62 years.
  •     Chairman Not eligible for reappointment (i.e. for 2nd term) or any other appointment in GOI or State but eligible to be chairman or member of UPSC.
  •     Members Not eligible for reappointment (i.e. for 2nd term as member) or any other appointment in GOI or State but eligible to be chairman or member of UPSC and Chairman of same SPSC or other SPSC.
SALARY
  •     Charged on Consolidated fund of India.
  •     Charged on Consolidated fund of State.
RESIGNATION
  •      To PRESIDENT.
  •     To GOVERNOR.
 

 

 

 

 

 

REMOVAL

PROCEDURE

  •      As manner provided in constitution by PRESIDENT from the office under the following circumstances:

1.       Is adjudged an insolvent or

2.       Engages during his term of office in any paid employment outside the duties of his office; or

3.       Is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body.

  •      President can also remove the chairman or any other member of UPSC/SPSC for misbehavior. However, in this case, the president has to refer the matter to the Supreme Court for an enquiry.
  •      Supreme Court, after enquiry advice the president, advice tendered by the Supreme Court in this regard is binding on the president.
  •      During the course of enquiry, the president can suspend the chairman or the member of UPSC and Joint State Public Service Commission (JSPSC). (Governor can suspend in case of Chairman or Member of SPSC).
  •      ‘Misbehavior’ Defined in Constitution, if he (a) is concerned or interested in any Government contract or (b) participates in any way in the profit of such contract.
MISCELLANEOUS UPSC:

•         Watchdog of ‘Merit System’

•         Assist states in joint recruitment if more than 2 states asks.

•         The President can exclude posts, services and matters from the purview of the UPSC.

•         The UPSC presents report to the president annually. The President places this report before both the Houses of Parliament.

•         All cases of non-acceptance must be approved by the Appointments Committee of the Union cabinet.

•         An individual ministry or department has no power to reject the advice of the UPSC.

STATE PCS:

•         Consulted by Governor while framing rules for appointment to judicial service of state other than district judge.

•         The governor can exclude posts, services and matters from the purview of the SPSC.

JOINT STATE PUBLIC SEVICE COMMISSION: By an act of Parliament, so Statutory body + Appointed by PRESIDENT + Tenure: 6 years & 62 years.

 

ELECTION COMMISSION & COMPTROLLER AND AUDITOR GENERAL (CAG)

 

BODY ELECTION COMMISSION COMPTROLLER & AUDITOR GENERAL
ARTICLE
  •      Article 324, Part – XV
  •      Article 148 to 151, Part -V
APPOINTMENT
  •      By PRESIDENT.
QUALIFICATION
  •      Qualification not prescribed by Constitution.
 

MEMBERS

  •      Strength not specified on discretion of PRESIDENT.
  •      Currently, 3 Members.
  •    Single member body.
 

 

TENURE /SALARY

  •      Condition of Service, Tenure of office shall be determined by PRESIDENT.
  •      Salary equal to judge of SC.
  •      Currently 6 years or age of 65 years.
  •     Constitution not debarred from further appointment.
  •      Salary, Service condition determined by PARLIAMENT.
  •      Salary equal to judge of SC.
  •      6 years or age of 65 years.
  •     Not eligible for further appointment in GOI or State.
RESIGNATION
  •      To PRESIDENT.
 

REMOVAL PROCEDURE

  •      The chief election commissioner and CAG are provided with the security of tenure.
  •      Removal is in same manner and on the same grounds as a judge of the Supreme Court i.e. removed by the president on the basis of a resolution passed by both the Houses of Parliament with special majority, on the ground of proved misbehavior or incapacity.
  •      He does not hold office during the pleasure of the PRESIDENT.
 

 

MISC.

  •      Members can be removed on recommendation of chief election commission.
  •     Advice president and governor on matters of disqualification of MP and MLA respectively.
 

 

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NATIONAL COMISSION FOR SCs, STs & BCs

 

 

BODY

 

NATIONAL COMMISSION FOR
SCHEDULED CASTES SCHEDULED TRIBES BACKWARD CLASSES
 

 

ARTICLE

Originally Special officer for SC & ST later in 1978, through resolution Non statutory multi member commission and in 1990, constitutional status through 65th Constitutional Amendment Act and in 2003, separated NCNC & NCST through 89th Constitutional Amendment Act. Originally Statutory body, Constitutional status through 102nd CAA, 2018
  •      Article 338, Part – XVI
  •       Article 338A, Part – XVI
  •       Article 338B, Part – XVI
APPOINT
  •      By PRESIDENT by warrant under his hand and seal.
MEMEBRS
  •       Chair Person, Vice Chair Person and 3 others appointed by PRESIDENT.
TENURE
  •       Tenure and conditions of service of office are determined by the PRESIDENT.
  •       Usually 3 years, under the rules.
 

 

 

 

MISC.

  •      It has power of civil court in certain matters.
  •       Discharge similar functions with regard to the Anglo-Indian Community.
  •      It has power of civil court in certain matters.
  •      Measures for the implementation of the PESA Act, 1996.
  •      Measures to be taken to reduce and ultimately eliminate the practice of shifting cultivation by tribal.
•         It has power of civil court in certain matters.

•         Participate and advise on the socio-economic development of the socially and educationally backward classes.

REPORTS
  •      Presents an annual report to the President and can also submit a report as and when it thinks necessary.
  •      The President places all such reports before the Parliament; also forwards any report of the Commission pertaining to a state government to the state GOVERNOR the governor places it before the state legislature.

 

ATTORNEY GENERAL OF INDIA AND ADVOCATE GENERAL OF STATE

 

BODY ATTORNEY GENERAL OF INDIA ADVOCATE GENERAL OF STATE
ARTICLE
  •     Article 76, Part – V
  •     Article 165, Part -VI
APPOINTMENT
  •      By PRESIDENT.
  •      By GOVERNOR.
 

 

QUALIFICATION

  •    Qualified to be Judge of Supreme Court (i.e. Citizen of India and must have been a judge of some high court for 5 years or an advocate of some high court for 10 years) or an eminent jurist, in the opinion of the president.
  •     Qualified to be Judge of High Court (i.e. Citizen of India and must have been in judicial Service of State for 10 years or an advocate of high court for 10 years) or an eminent jurist, in the opinion of the president.
 

TENURE

  •     Not fixed by Constitution (Conventionally till Council of minister have vote of confidence in parliament)
  •     Not fixed by Constitution (Conventionally till Council of minister have vote of confidence in state legislature)
SALARY
  •     Not Fixed by constitution as PRESIDENT may determine.
  •      Not Fixed by constitution as Governor

may determine.

RESIGNATION
  •      To PRESIDENT.
  •     To GOVERNOR.
 

REMOVAL PROCEDURE

  •     Constitution    does    not     contain                              the procedure and grounds for his removal.
  •      He holds office during the pleasure of the PRESIDENT.
  •     Constitution    does    not     contain                              the procedure and grounds for his removal.
  •      He holds office during the pleasure of the GOVERNOR.
 

 

 

 

 

 

 

MISC.

  •     Highest law officer in the country.
  •      The Attorney General is not a fulltime counsel and does not fall in the category of government servants so he is can do his private legal practice.
  •     Right of audience in all courts in the territory of India.
  •     Right to speak and to take part in the proceedings of Parliament or their joint sitting and any committee of the Parliament of which he is a member, but without a right to vote.
  •      He enjoys all the privileges and immunities that are available to a

Member of Parliament.

  •      Highest law officer in the State.
  •      Right of audience in before any court of law within the state.
  •      Right to speak and to take part in the proceedings of state legislature and any committee of the state legislature of which he is a member, but without a right to vote.
  •      He enjoys all the privileges and immunities that are available to a Member of State Legislature.

 

GST COUNCIL, FINANCE COMMISSION & SPECIAL OFFICER FOR LINGUISTIC MINORITY

 

BODY GST COUNCIL FINANCE COMMISSION SPECIAL OFFICER FOR LINGUISTIC MINORITY
ARTICLE
  •       Article 279A, Part – XII
  •       Article 280, Part – XII
  •       Article 338B, Part – XVI
APPOINTMENT Constituted by PRESIDENTIAL order. Constituted by

PRESIDENTIAL order.

 

By PRESIDENT.
COMPOSITION
  •       Finance       Minister                       and Ministers of state I/C of finance.
  •      Chairman      +      4 other members.
  •       Constitution does not specified Qualification, Tenure, Salaries, allowances, Service condition and procedure for removal.
QUALIFICATION —-       Determined by PARLIAMENT.
TENURE —-       Usually 3 years, under the rules.
 

 

 

MISC.

  •       Quorum – Half of Total Members.
  •       Every decision by majority of 3/4th of members present & voting.
  •       Centre- 1/3rd and States- 2/3rd of votes casted.
     Recommendations are advisory in nature.

     Balancing wheel of fiscal federalism.

 

 

 

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