Election Commission of India (Articles 324-329)

Constitutional Bodies are those that are established by the Constitution of India itself. They derive their power and authority directly from the Constitution and are considered essential for the functioning of the Indian polity. Their composition, powers, and functions are laid down in the Constitution.

Establishment and Purpose:

Article 324 of the Constitution provides for an Election Commission for the superintendence, direction, and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution.

The Election Commission is an independent constitutional body responsible for ensuring free and fair elections in India.

Composition, Appointment, Functions

• Composition: Article 324(2) states that the Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix. The President also appoints the Chief Election Commissioner and other Election Commissioners.

  • Since 1993, the Election Commission has been a multi-member body consisting of the Chief Election Commissioner and two Election Commissioners.

• Conditions of Service and Tenure: The conditions of service and tenure of office of the Election Commissioners and the Chief Election Commissioner are determined by the President. They hold office for a term of six years or until they attain the age of 65 years, whichever is earlier.

• Removal: The Chief Election Commissioner can be removed from his office in the same manner and on the same grounds as a Judge of the Supreme Court (i.e., by the President on the basis of a resolution passed by both Houses of Parliament by special majority on grounds of proved misbehaviour or incapacity). Other Election Commissioners cannot be removed from office except on the recommendation of the Chief Election Commissioner.

Functions:

• Preparation and revision of electoral rolls.

• Demarcation of constituencies (Delimitation).

• Notifying election dates and schedules.

• Recognising political parties and allotting election symbols.

• Acting as a court for settling disputes regarding granting recognition to political parties and allotment of election symbols.

• Determining the code of conduct for elections.

• Advising the President/Governor on disqualification of members of Parliament/State Legislature.

• Supervising election machinery throughout the country.

• Ordering re-polling if necessary.

The ECI is a vital institution for the functioning of democracy in India, ensuring that elections are conducted in a free, fair, and impartial manner.

Union Public Service Commission (UPSC) and State Public Service Commissions (SPSCs) (Articles 315-323)

Public Service Commissions are established by the Constitution to ensure efficient and impartial recruitment to public services.

Establishment:

Article 315 provides for a Union Public Service Commission (UPSC) for the Union and a State Public Service Commission (SPSC) for each State. It also allows for a Joint State Public Service Commission (JSPSC) for two or more states on their request, constituted by an Act of Parliament.

Composition, Appointment, Functions, Independence

Composition:

The Constitution does not specify the exact strength of the Commissions, leaving it to the discretion of the President (for UPSC/JSPSC) or Governor (for SPSC).

They consist of a Chairman and other members.

Appointment:

The Chairman and members of UPSC and JSPSC are appointed by the President.

The Chairman and members of SPSC are appointed by the Governor of the state.

Term of Office:

Members of UPSC hold office for a term of six years or until they attain the age of 65 years, whichever is earlier.

Members of SPSC and JSPSC hold office for a term of six years or until they attain the age of 62 years, whichever is earlier.

Removal:

The Chairman or any other member of UPSC or a JSPSC or SPSC can be removed from office by the President on grounds of misbehaviour, after the Supreme Court has, on reference made to it by the President, inquired into the matter and reported that the member ought to be removed.

The President can also remove a member in other circumstances, such as being an undischarged insolvent or holding an office of profit, without the need for a Supreme Court inquiry.

Notably, SPSC members are appointed by the Governor but removed by the President.

Functions:

• Conduct examinations for appointments to the services of the Union/State.

• Advise on matters relating to recruitment, promotion, and transfer.

• Advise on disciplinary matters affecting a person serving under the Government.

• Advise on claims for costs incurred in defending legal proceedings against a government servant.

• Consulted on all matters relating to personnel management.

The functions of the Commissions are generally advisory and the government is not bound to accept their recommendations, although the Constitution requires consultation in specified matters. However, non-acceptance of recommendations is rare and must be justified.

Independence:

The Constitution ensures the independence of PSCs through:

• Security of tenure.

• Removal only by the President as per constitutional procedure.

• Conditions of service cannot be varied to their disadvantage after appointment.

• Expenses charged on the Consolidated Fund of India/State.

• Prohibition on re-employment after ceasing to hold office in certain cases.

Public Service Commissions are crucial for maintaining the merit system and efficiency in public administration, acting as watchdogs of the recruitment process.

Finance Commission (Article 280)

The Finance Commission is established to regulate the financial relations between the Centre and the States.

Establishment and Composition:

Article 280 provides for the constitution of a Finance Commission by the President every fifth year or earlier.

It consists of a Chairman and four other members appointed by the President. Parliament is empowered to determine their qualifications and selection process.

Functions:

The Commission makes recommendations to the President on:

• Distribution of net proceeds of taxes between the Union and the States, and allocation of states' share among states.

• Principles governing grants-in-aid to states by the Union.

• Measures to augment the Consolidated Fund of a State to supplement resources of Panchayats and Municipalities.

• Any other matter referred by the President in the interests of sound finance.

The recommendations are advisory but are generally accepted by the government. The Finance Commission plays a key role in fiscal federalism and is a constitutional body vital for Centre-State financial relations.

Comptroller and Auditor-General of India (CAG) (Articles 148-151)

The CAG is the guardian of the public purse and controls the entire financial system of the country at both the Union and State levels.

Establishment and Appointment:

Article 148 provides for an independent office of the Comptroller and Auditor-General of India (CAG).

The CAG is appointed by the President by warrant under his hand and seal.

Functions, Independence

Functions:

• Audits all receipts and expenditure of the Union and State governments, including those of bodies and authorities substantially financed from the revenues of the Union or State.

• Audits the accounts of government companies and corporations when required by law.

• Ascertains whether the money shown in the accounts as having been disbursed was legally available for and applicable to the service or purpose to which it has been applied (legality, regularity, and propriety audit).

• Submits his reports to the President (for Union accounts) and the Governor (for State accounts), who shall cause them to be laid before the respective Legislatures (Article 151).

The CAG acts as an agent of Parliament and conducts audit on its behalf. He is responsible only to Parliament.

Independence:

The Constitution ensures the independence of the CAG through:

• Security of tenure (removed like a SC judge).

• Service conditions determined by Parliament and not varied to disadvantage.

• Administrative expenses charged on the Consolidated Fund of India.

• Not eligible for further office after retirement.

The CAG is a crucial figure in ensuring financial accountability of the executive to the legislature.

National Commission for SCs and STs (Articles 338, 338A)

As discussed under Special Provisions relating to certain classes, the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST) are constitutional bodies.

Establishment:

• NCSC: Article 338 provides for the NCSC.

• NCST: Article 338A provides for the NCST (bifurcated from the combined commission in 2003).

Composition and Functions:

Both Commissions are multi-member bodies consisting of a Chairperson, Vice-Chairperson, and three other members appointed by the President. They have powers of a civil court.

Their functions include investigating and monitoring safeguards for SCs/STs, inquiring into complaints, advising on development, and presenting reports to the President/Governors.

These Commissions are vital for the protection and promotion of the rights and interests of SCs and STs.

Note: The National Commission for Backward Classes (NCBC) was also granted constitutional status by the 102nd Amendment Act, 2018, under Article 338B, making it another constitutional body.

Attorney General and Advocate General

These are constitutional law officers who advise the government.

Attorney-General for India:

• Establishment: Article 76 provides for the office of the AGI.

• Appointment: Appointed by the President.

• Function: Highest law officer, principal legal advisor to the Union Government, represents the government in courts.

• Rights: Right to speak in Parliament proceedings and right of audience in all courts in India.

• Tenure: Holds office during the pleasure of the President.

Advocate-General for the State:

• Establishment: Article 165 provides for the office of the Advocate-General for each State.

• Appointment: Appointed by the Governor of the state.

• Function: Highest law officer in the state, principal legal advisor to the State Government, represents the state government in courts.

• Rights: Right to speak in state legislature proceedings and right of audience in any court in the state.

• Tenure: Holds office during the pleasure of the Governor.

Both are constitutional functionaries providing legal expertise to the executive.

Inter-State Council (Article 263)

The Inter-State Council is a constitutional mechanism for coordination between the Centre and the States.

Establishment:

Article 263 empowers the President to establish an Inter-State Council if he feels that public interests would be served by its establishment.

Composition:

Established in 1990, the Council consists of the Prime Minister (Chairman), Chief Ministers of all states, Chief Ministers of Union Territories with Legislative Assemblies, Administrators of Union Territories without Legislative Assemblies, and six Union Cabinet Ministers nominated by the Prime Minister.

Functions:

Inquiring into and advising on disputes between states, discussing subjects of common interest, and making recommendations for coordination of policy and action.

It is a key forum for discussing Centre-State and inter-state issues, promoting cooperative federalism, although its role is advisory.

NITI Aayog

Non-Constitutional Bodies are not created by the Constitution but are established by an Act of Parliament or by an executive resolution of the government. Quasi-Judicial Bodies, as discussed earlier, are administrative bodies with some judicial functions.

Establishment:

NITI Aayog (National Institution for Transforming India) was established on January 1, 2015, by a resolution of the Union Cabinet, replacing the erstwhile Planning Commission. It is neither a constitutional body nor a statutory body, but a think-tank of the Government of India.

Composition:

The NITI Aayog is chaired by the Prime Minister. It includes a Governing Council comprising the Chief Ministers of all states and Lt. Governors of Union Territories. It also has a Vice-Chairperson, full-time members, part-time members, ex-officio members (Union Ministers), and a Chief Executive Officer.

Role:

• Policy Think-Tank: Provides strategic and technical advice to the Central and State Governments.

• Cooperative Federalism: Acts as a platform for states to participate in policy formulation, fostering cooperative federalism.

• Monitoring and Evaluation: Monitors and evaluates the implementation of programmes and initiatives.

• Innovation Hub: Serves as a platform for knowledge and innovation.

Unlike the Planning Commission, NITI Aayog does not have the power to allocate funds. Its role is advisory and facilitative.

National Human Rights Commission (NHRC)

The NHRC is a statutory body established to protect and promote human rights in India.

Establishment:

The NHRC was established in 1993 under the Protection of Human Rights Act, 1993. It is a statutory body.

Composition:

Consists of a Chairperson and members as specified in the Act. The Chairperson must be a former Chief Justice of India, and members include former judges and persons with knowledge or practical experience in human rights.

The Chairperson and members are appointed by the President on the recommendations of a high-powered committee.

Powers and Functions

Powers:

• Has the powers of a civil court in investigating complaints.

• Can summon witnesses, receive evidence on affidavits, requisition any public record.

Functions:

• Inquire into complaints of violation of human rights or negligence in the prevention of such violation by a public servant.

• Visit jails and other detention places.

• Review safeguards provided by the Constitution or law for the protection of human rights.

• Study treaties and other international instruments on human rights and make recommendations for their effective implementation.

• Promote human rights research.

• Spread human rights literacy.

The recommendations of the NHRC are generally advisory. It submits annual and special reports to the Central Government, which are laid before Parliament.

State Human Rights Commissions (SHRCs) are also established in states under the same Act, with similar composition and functions at the state level.

National Commission for Women

The National Commission for Women (NCW) is a statutory body established to protect and promote the rights of women in India.

Establishment:

The NCW was established in 1992 by an Act of Parliament, the National Commission for Women Act, 1990. It is a statutory body.

Composition:

Consists of a Chairperson, a Member Secretary, and five other members appointed by the Central Government.

Functions:

• Investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws.

• Review existing laws relating to women and suggest amendments.

• Look into complaints relating to deprivation of women's rights and take up issues of violation of legal rights or non-implementation of laws with appropriate authorities.

• Advise the Central Government on policy matters affecting women.

• Participate in the planning process for socio-economic development of women.

• Evaluate the progress of the development of women under the Union and States.

The NCW has powers of a civil court in investigating matters. It makes recommendations to the government, which are advisory.

Similar statutory commissions exist for Minorities, Protection of Child Rights, etc., established by specific Acts of Parliament.

Central Information Commission (CIC)

The Central Information Commission (CIC) is a key statutory body established under the Right to Information Act, 2005, to promote transparency and accountability in government.

Establishment:

The CIC was constituted in 2005 under the Right to Information (RTI) Act, 2005. It is a statutory body.

Composition:

Consists of a Chief Information Commissioner and not more than ten Information Commissioners. They are appointed by the President on the recommendation of a committee consisting of the Prime Minister (Chairperson), the Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.

Right to Information Act, 2005

The RTI Act grants citizens the right to access information held by public authorities. The CIC is the final appellate authority under the Act for complaints and second appeals regarding requests for information.

Powers and Functions of CIC:

• Can receive and inquire into complaints from any person who has been unable to submit an information request or has been refused information.

• Can order an inquiry suo motu (on its own motion) into any matter under the Act.

• Has the powers of a civil court in conducting inquiries.

• Can direct the public authority to take steps necessary to secure compliance with the Act.

• Can impose penalties on the Public Information Officer for unjustified delay or refusal of information.

• Submits annual reports to the Central Government on the implementation of the Act.

State Information Commissions (SICs) are also established in states under the same Act, with similar composition and functions at the state level.

The CIC plays a crucial role in upholding the citizen's right to information and promoting transparency in government.

Other Statutory Bodies

Apart from the ones mentioned above, there are numerous other statutory bodies established by Acts of Parliament or State Legislatures to regulate specific sectors, protect rights, or perform specific functions.

Examples:

• Securities and Exchange Board of India (SEBI): Regulates the securities market.

• Reserve Bank of India (RBI): Central banking institution.

• Telecom Regulatory Authority of India (TRAI): Regulator for the telecommunications sector.

• Insurance Regulatory and Development Authority of India (IRDAI): Regulator for the insurance sector.

• National Green Tribunal (NGT): Specialised environmental tribunal.

• National Consumer Disputes Redressal Commission (NCDRC): Highest consumer forum.

• Central Bureau of Investigation (CBI): Investigating agency (derives power from Delhi Special Police Establishment Act, 1946).

• Lokpal and Lokayuktas: Anti-corruption ombudsman bodies established by the Lokpal and Lokayuktas Act, 2013.

These bodies, established by statute, operate within the framework defined by the respective Acts. Many of them exercise quasi-judicial powers in the course of their functions. Their existence reflects the growing complexity of governance and the need for specialized regulatory and enforcement mechanisms beyond the traditional constitutional and governmental structures.