Indian Polity — Constitutional Bodies
1. Introduction — Types of Bodies in India
- Constitutional Bodies [UPSC 2023]: Established by the Constitution itself — Election Commission, Finance Commission, UPSC, CAG.
- Extra/Non-Constitutional Bodies: Created by administrative decisions — National Development Council, various advisory bodies.
- Statutory Bodies: Established by an Act of Parliament or state legislature — RBI, SEBI.
- Judicial Bodies: Established under the Constitution or legislation — Supreme Court, High Courts, Subordinate Courts.
- Executive Bodies: Established by the Constitution or legislation — Council of Ministers, various ministries.
- Quasi-Judicial Bodies: Created by statutes or regulations — Central Administrative Tribunal, State Consumer Disputes Tribunal.
KNOWLEDGE NUGGET
- Constitutional Bodies: Mentioned in the Constitution (Articles 148-151, 324, 315-323, etc.)
- Extra-Constitutional: Not in Constitution — created by executive resolution
- Statutory: Created by Act of Parliament/State Legislature
- Quasi-Judicial: Limited judicial powers under statutes
2. CAG, Election Commission (ECI), UPSC & SPSC
COMPARATIVE TABLE — CAG, ECI, UPSC & SPSC
| Category | CAG | Election Commission | UPSC | SPSC |
|---|---|---|---|---|
| Articles/Acts | Art. 148-151, Part V | Art. 324, Part XV | Art. 315-323, Part XIV | Art. 315-323, Part XIV |
| Head | Comptroller General | Chief Election Commissioner | Chairman | Chairman |
| Members | Single Member | 2 Election Commissioners [UPSC 2017] | 10 Members | 5 Members |
| Appointment | President | President | President | Governor |
| Qualification | Not specified | Not specified | 50% — 10 years GoI/State service | 50% — 10 years GoI/State service |
| Term | 6 years / 65 years | 6 years / 65 years | 6 years / 65 years | 6 years / 62 years |
| Resign | To President | To President | To President | To Governor |
| Renewal | Not allowed | Not allowed | Not allowed | Not allowed |
| Future Employment | Not allowed | Allowed (if EC → CEC, aggregate 6 years) | Can become Chairman of UPSC | Can become Chairman of UPSC/SPSC |
| Expenses | Charged on CFI | Charged on CFI | Charged on CFI | Charged on CFS |
| Salary | = SC Judge | = SC Judge | = SC Judge | = HC Judge |
CAG — KEY POINTS
- Articles: 148 to 151, Part V
- Functions: Audits expenditures from Consolidated and Contingency Fund of India and State, public accounts; reports to President and Parliament; guides Public Accounts Committee [UPSC 2012]
- Limitations: Secret Service Expenditure limits CAG's auditing role; no authority over issuance of money from Consolidated Fund
- Removal: By President on resolution passed by both houses with special majority (proved misbehaviour or incapacity)
ECI — KEY POINTS
- Article: 324, Part XV
- Functions: Election Management (notifications, scrutiny, recognition of political parties); Conduct of Elections; Publicity for political parties
- Removal: CEC — procedure similar to SC Judge; Other ECs — on recommendation by CEC
- Note: ECI resolves disputes relating to splits/mergers of recognised political parties
UPSC & SPSC — KEY POINTS
- Articles: 315 to 323, Part XIV
- UPSC: Ensures merit-based recruitment; submits reports to President → Parliament
- SPSC: Consulted by Governor for state judicial service appointments; submits annual reports to Governor → State Legislature
- Limitations: Excluded from reservations, tribunal selections, group C & D services; temporary appointments exceeding one year
- Removal: By President on grounds of insolvency, infirmity, or misbehaviour (SC advice binding)
JOINT STATE PUBLIC SERVICE COMMISSION (JSPSC)
- Creation: By Parliament on request of state legislatures
- Status: Statutory, not constitutional
- Appointment: Chairman and members appointed by President
- Term: 6 years or until age 62 years
- Annual Reporting: Reports to concerned state governors
3. Attorney General & Advocate General
COMPARATIVE TABLE — ATTORNEY GENERAL & ADVOCATE GENERAL
| Category | Attorney General | Advocate General |
|---|---|---|
| Articles/Acts | Article 76, Part V — Union Executive | Article 165, Part VI — State Executive |
| Head | Attorney General | Advocate General |
| Members | Single Member | One per State |
| Appointment | President | Governor |
| Qualification | Qualified to be SC Judge — Citizen of India; HC Judge 5 years / Advocate 10 years / Eminent jurist | Qualified to be HC Judge — Citizen of India; Judicial service 10 years / Advocate 10 years |
| Tenure | Pleasure of President | Pleasure of Governor |
| Resign | To President [UPSC 2022] | To Governor |
| Renewal | Allowed | Allowed |
| Future Employment | Allowed | Allowed |
| Expenses | Not charged on CFI | Not charged on CFS |
| Independence | Cannot be varied | Cannot be varied |
| Functions | Chief legal advisor to Union | Chief legal advisor to State |
| Limitations | Cannot practice law | Cannot practice law |
| Removal | Resignation to President; Conventionally resigns when government resigns/is replaced [UPSC 2022] | By Governor |
ATTORNEY GENERAL — KEY POINTS
- Article: 76, Part V — Highest law officer in the country
- Appointment: By President
- Tenure: Pleasure of President
- Right to participate: In proceedings of Parliament and committees, but no right to vote [UPSC 2013]
- Privileges: Enjoy privileges and immunities available to members of legislatures
4. NCSC, NCST & NCBC
COMPARATIVE TABLE — NCSC, NCST & NCBC
| Category | NCSC | NCST | NCBC |
|---|---|---|---|
| Articles/Acts | Art. 338, Part XVI | Art. 338A, Part XVI | Art. 338B, Part XVI |
| Background | Originally Art.338 for SC & ST; 1978: Non-statutory multi-member; 1987: renamed; 65th CAA 1990: Constitutional status; 89th CAA 2003: Separated into NCSC & NCST | Separated from NCSC in 2004 | 1993: Statutory (Mandal case); 102nd CAA 2018: Constitutional status [UPSC 2023] |
| Head/Members | Chair + Vice-Chair + 3 Members | Chair/Vice-Chair + 3 Members | Chair/Vice-Chair + 5 Members |
| Appointment | President | President | President |
| Term | 3 years | 3 years | 3 years (Rules, 2018) |
| Removal | By President | By President | By President |
| Renewal / Future Employment | Not allowed | Not allowed | Not allowed |
| Expenses | Consolidated Fund of India | Consolidated Fund of India | Consolidated Fund of India |
| Functions | Safeguards rights of SCs | Safeguards rights of STs | Safeguards rights of OBCs |
NCSC — KEY POINTS
- Power of civil court in certain matters; power to regulate own procedure
- Discharges similar functions regarding Anglo-Indian Community
- Till 2018: Also discharged functions for OBCs — relieved by creation of NCBC (Art.338B)
NCST — KEY POINTS
- Power of civil court in certain matters; power to regulate own procedure
- Measures for implementation of PESA Act, 1996
- Reduce and eliminate shifting cultivation practice by tribals
- Prevent alienation of tribal people; conferring ownership rights in respect of MFPs
NCBC — KEY POINTS
- Power of civil court in certain matters; power to regulate own procedure
- Participate and advise on socio-economic development of Socially and Educationally Backward Classes
- 102nd CAA 2018: Constitutional status [UPSC 2023]
5. Finance Commission, GST Council & SOLM
COMPARATIVE TABLE — FINANCE COMMISSION, GST COUNCIL & SOLM
| Category | Finance Commission [UPSC 2011] | GST Council | Special Officer for Linguistic Minorities (SOLM) |
|---|---|---|---|
| Article/Act | Art. 280, Part XII | Art. 279A, Part XII | Art. 350B, Part XVII |
| Establishment | Quasi-judicial body, created every 5 years | 101st CAA (2016) | 7th CAA (1956) |
| Head | Chairman | Union Finance Minister | Commissioner for Linguistic Minorities |
| Members | Chairman + 4 members | State FMs + Union MoS Finance | Assistant Commissioners in regional offices |
| Appointment | By President | By Presidential Order | By President |
| Term | 5 years | Not applicable | Not specified |
| Renewal | Eligible for reappointment | Not applicable | Not specified |
| Expenses | Not charged on CFI | State/Central Government | Central Government |
| Independence | Cannot be varied | Not applicable | Ministry of Minority Affairs |
| Quorum | Not applicable | 50% of total members | Not applicable |
| Vote Weight | Not applicable | Centre: 1/3rd; States: 2/3rd | Not applicable |
| Decision-Making | Advisory capacity only | Recommendations to Centre & States | Not applicable |
FINANCE COMMISSION — KEY POINTS
- 1st Finance Commission (1951): K C Neogy
- 15th Finance Commission (2021): N K Singh
- Criteria for Devolution (15th FC): 12.5% demographic performance, 45% income, 15% population, 15% area, 10% forest & ecology, 2.5% tax & fiscal efforts [UPSC 2023]
- Functions: Allocation of tax proceeds; recommends principles for grants to States; suggests measures to augment State's Consolidated Fund
GST COUNCIL — KEY POINTS
- Article: 279A, Part XII
- 101st Constitutional Amendment Act (2016)
- Permanent invitee (non-voting): Chairperson of CBIC
- Functions: Recommendations on taxes, cesses, surcharges to be merged into GST; special rates for natural calamities; special provisions for northeastern and hilly states
SOLM — KEY POINTS
- Article: 350B, Part XVII
- 7th Constitutional Amendment Act (1956)
- Headquarters: New Delhi; regional offices in Belgaum, Chennai, Kolkata
- Function: Safeguards rights of linguistic minorities; reports to President through Union Minority Affairs Minister
6. Appointment of Chief Election Commissioner (CEC) & Election Commissioners (ECs)
- Previous System: CEC and ECs appointed by the President on the Central Government’s recommendation.
- Anoop Baranwal vs Union of India (2023): SC recommended independent Election Committee for CEC and ECs, based on Dinesh Goswami Committee (1990) & Law Commission’s 255th Report (2015): Comprising Prime Minister, Chief Justice of India, Leader of Opposition (or largest opposition party in Lok Sabha).
- Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023: Replaces Election Commission Act (1991), covering appointments, salaries, and dismissal procedures.
- Selection Process: President appoints CEC and ECs based on a three-member Selection Committee (Prime Minister, Union Minister, Leader of Opposition).
- Search Committee: Headed by Cabinet Secretary, suggests five candidates to the Selection Committee, which can consider other names.
CEC APPOINTMENT — QUICK FACTS
- Previous: President on Central Government's recommendation
- SC Judgment (2023): Anoop Baranwal case — independent selection committee
- Act, 2023: Replaces Election Commission Act, 1991
- Selection Committee: PM, Union Minister, Leader of Opposition
- Search Committee: Cabinet Secretary — suggests 5 candidates
7. Summary: Constitutional Bodies at a Glance
| Body | Articles | Head | Appointment | Term |
|---|---|---|---|---|
| CAG | Art. 148-151 | Comptroller General | President | 6 yrs / 65 yrs |
| ECI | Art. 324 | CEC + 2 ECs | President | 6 yrs / 65 yrs |
| UPSC | Art. 315-323 | Chairman + 10 Members | President | 6 yrs / 65 yrs |
| SPSC | Art. 315-323 | Chairman + 5 Members | Governor | 6 yrs / 62 yrs |
| Attorney General | Art. 76 | Single Member | President | Pleasure of President |
| Advocate General | Art. 165 | Single Member | Governor | Pleasure of Governor |
| NCSC | Art. 338 | Chair + VC + 3 Members | President | 3 years |
| NCST | Art. 338A | Chair/VC + 3 Members | President | 3 years |
| NCBC | Art. 338B | Chair/VC + 5 Members | President | 3 years |
| Finance Commission | Art. 280 | Chairman + 4 Members | President | 5 years |
| GST Council | Art. 279A | Union FM + State FMs | Presidential Order | Not applicable |
| SOLM | Art. 350B | Commissioner | President | Not specified |
Key Takeaways for UPSC
- Constitutional Bodies: Established by Constitution — CAG (Art. 148-151), ECI (Art. 324), UPSC/SPSC (Art. 315-323)
- NCSC/NCST/NCBC: Art. 338, 338A, 338B — Constitutional status
- Attorney General: Art. 76 — Highest law officer of India
- Advocate General: Art. 165 — Highest law officer of State
- Finance Commission: Art. 280 — Every 5 years — tax devolution
- GST Council: Art. 279A — 101st CAA, 2016
- SOLM: Art. 350B — 7th CAA, 1956
- CEC Appointment (2023): Anoop Baranwal case — independent selection committee
High-Yield Interactive UPSC Quiz (Constitutional Bodies)
Q1. The Comptroller and Auditor General (CAG) is mentioned in which Articles of the Constitution?
Correct Answer: C. The CAG is mentioned in Articles 148 to 151, Part V of the Constitution.
Q2. The Election Commission of India is established under which Article?
Correct Answer: B. The Election Commission is established under Article 324, Part XV of the Constitution.
Q3. Who appoints the members of the State Public Service Commission (SPSC)?
Correct Answer: B. The Governor appoints the Chairman and members of the State Public Service Commission.
Q4. The Attorney General of India is appointed under which Article?
Correct Answer: B. The Attorney General is appointed under Article 76, Part V of the Constitution.
Q5. The NCBC was accorded constitutional status by which Constitutional Amendment Act?
Correct Answer: C. The 102nd Constitutional Amendment Act, 2018 accorded constitutional status to NCBC with the insertion of Article 338B. [UPSC 2023]
Q6. The Finance Commission is constituted under which Article?
Correct Answer: B. The Finance Commission is constituted under Article 280, Part XII of the Constitution. [UPSC 2011]
Q7. The GST Council was established by which Constitutional Amendment Act?
Correct Answer: B. The GST Council was established by the 101st Constitutional Amendment Act, 2016 under Article 279A.
Q8. The Special Officer for Linguistic Minorities is provided under which Article?
Correct Answer: C. The Special Officer for Linguistic Minorities is provided under Article 350B, Part XVII, introduced by the 7th Constitutional Amendment Act, 1956.
Q9. Who was the first Finance Commission Chairperson (1951)?
Correct Answer: B. The first Finance Commission (1951) was chaired by K C Neogy.
Q10. As per the 15th Finance Commission, what is the weightage given to 'income' in the devolution criteria?
Correct Answer: C. The 15th Finance Commission gave 45% weightage to 'income' in the devolution criteria. [UPSC 2023]