CONSTITUTIONAL BODIES

Sr. No. Name of the Article Composition Appointment Removal Salary Tenure Powers & Functions Remarks
Body Problems associated
1 Election 324 1 Chief EC + CEC & ECs -President Cannot be removed Same as that of a 6 years or Power of supreintendence, direction, and control of election to parliamant, CEC and 2 Ecs have same >No qualifications prescribed
Commission such other ECs except in the same judge of SC 65 yrs age, state legislatures, president & vice-president of India to be vested in EC. powers and receive same for CEC & EC
as the manner as a judge of whichever remuneration. However, in case > Const has not debarred the
President SC. is earlier. EC not concerned with the election to Panchayats & Municipalities in the of difference of opinion, matter retiring ECs from any further
decides. For other ECs, the States. 73rd & 74th CAA empowers State Legislature to provide for State is to be decided by majority. appointments by the Govt.
(presently 2) recommendation of EC.
CEC is also necessary.
CEC to be
chairman of the
Commission.

2 Union Public 315 to 1 Chairman + Chairman + Members - Circumstances in which determined by the 6 years or UPSC is only central recruiting agency while the Department of Personnel > Chairman, after retirement, Emergence of CVC
Service 323 such other President removal can take place President but 65 yrs age, & Training (one of the 3 dept of Ministry of Personnel, Public Grievances not eligible to hold any (established by an executive
Commission members as by the President: can't be varied to whichever and Pesnions) is the central personnel agancy in India. employement in CG & SG. order and subsequenly
the President No qualifications prescribed (i) adjudged as his disadvantage is earlier. > Also, applicable to members legalised) diluted the role of
decides. except 1/2 of the members insolvent after their The role of UPSC is not only limited (as not concerned with the except hold post of chairman of UPSC in disciplinary matters
(approx. 9 to should have held the office (ii) engages in any paid appointment classification of services, pay and service conditions, cadre management, UPSC/SPSC only. as both are consulted. The
11) for atleast 10 years either employment outside training etc.) but also recommendations are also advisory. However, one > Chairman/Member of UPSC problem arises when
under CG or SG. the office check - cases of non-acceptance need to be approved by the Appointment not eligible for reappointment conficting advices are
(iii)infirmity of mind or Committee of Cabinet when report being placed by the President before tendered.
body them.
(iv) misbehaviour (i.e. Apart from recruitment functions, UPSC is also consulted on variety
interested in any matters of personnel management e.g. disciplinary matters, pensions,
contract/arrangement temporary appointment exceeding 1 yr etc.
made by CG/SG or
participated in any However, SC held that UPSC not consulted on certain matters of
profit in any manner in recruitment etc. - does not make the act invalidated.
such
contract/arrangement)
However, in case (iv),
President to refer to SC
for inquiry and SC's
decision is binding on
the President.
3 State Public Same same same Although the chairman same 6 years or same but do in relation to state services > Chairman, after retirement, Similarly, emergence of State
Service and members of a SPSC 62 yrs age, eligible for chairman/member Vigilance Commission
Commission are appointed by the whichever of UPSC or chairman of other
governor, but can be is earlier. SPSC but cannot hold any
same as UPSC - removed by the employement in CG & SG.
only diff marked President only - the > Members, after retirement,
and also procedure and grounds eligible for chairman/member
President ke are exactly the same. of UPSC, chairman (not
place per member) of the SPSC and any
Governor of the other SPSC
state hai unless > Chairman/Member of SPSC
specifically not eligible for reappointment
mentioned.

3A Joint Public - Chairman + Chairman + Members suspended or removed determined by the 6 years or same but do in relation to states services Annual Performance report to -
Service Members as appointed by the President by the President President but 62 yrs age, be tabled before the respective
Commission many as the can't be varied to whichever state legislatures by each
President his disadvantage is earlier. governor and not by the
Not a decides after their President.
constitutional appointment
body and No JPSC as of today. Earlier, a
created by an joint PSC for Punjab & Haryana.
act of
parliament on
the request of
the state
legislatures

4 Finance 280 1 Chairman + 4 Appointment by the Not mentioned Decided by Period as 4 Functions: Chairman + Members are Role of FC has been
Commission other members President & qualification to Parliament specified by (i) distribution of net tax proceeds b/w centre and states qualified to be reappointed undermined by emergence of
be determined by the (ii) priniples that should govern the grants-in-aid to the states by the Centre NITI Aayog (erstwhile
Quasi Judicial Parliament. President in (iii) measures to augment the consolidated fund of a state to supplement Planning Commission) which
Body - works as his order of the resources of Panchayats & Municipalities on the recommendation of is a non-constitutional and
a arbitrator in The Finance Commission appointme state FC. non-statutory body
distributing Act, 1951 - nt (iv) any other matter referred to it by the President.
revenues among > Chairman - experience in
Union & states public affairs Report to be placed before the Parliament along with memorandum of
> 4 members - amongst the actions taken.
(i) judge of HC or one
qualified to be But only advisory nature and not binding on the govt.
(ii) specialised knowledge of
Finance & Accounts of Govt.
(iii) Specialised knowledge of
Economics
(iv) wide experience in
financial matters & admin
5 National 338 a chairperson, a appointed by President Not mentioned determined by the determined Commission to present an annual report to the President. President to The Commission has powers
Commission for vice- through a warrant under his President by the place it before Parliament and state legislatures along with memorandum similar to that of a civil courts.
Scheduled chairperson hand and seal (means President. (which contains reasons for non-acceptance of any of its
Castes and 3 other appointment letter bears the Under the recommendations) Further, CG & SG are required
members signature and seal of the rules, it is 3 to consult the commission on
[65th CAA President) years. Major functions include: all major policy matters
established the 1. investigate & monitor all matters relating to safeguards for SCs & to affecting the SCs.
combined evaluate their working
commission for 2. inquire into specific complaints in respect of deprivation of rights of SCs Most Imp: The Commission
SCs & STs and 3. advise on planning process of socio-economic development of the SCs also looks after the Anglo-
89th CAA Indian Community [clause 10
bifurcated the of Art 368] - OBCs deleted vide
same.] 102nd CAA

6 National 338-A same same Not mentioned same same (3 yrs almost same but for STs. In 2005, the President notified the other functions same but for STs (ignore bold
Commission for rule no idea such as ownership rights of Minor Forest Produce, PESA, rights over part)
Scheduled Tribes whether mineral resources etc.
applicable)

7 National 338-B same same Not mentioned same same (3 yrs almost same but for socially and educationally backward classes same but for STs (ignore bold
Commission for (by rule no idea part)
Backward 102nd whether
Classes CAA) applicable)

8 Special Officer 350-B (by 1 special officer the President Not mentioned Not mentioned Not almost same but for Linguistic Minorities The Commissioner has his
for Linquistic 7th CAA - designated as mentioned headquarter at Allahabad (UP).
Minorities on Commissioner Has 3 regional offices at
recomme for Linguistic Belgaum (Kar), Chennai
ndation Minorities (Tamilnadu) and Kolkata (WB).
of State (assisted by
Reorg deputy and Functions under the Mnistry of
Commissi assistant Minority Affairs.
on) commissioner

9 Comptroller and 148 CAG CAG - by President through a Cannot be removed determined by the 6 years or Art 149 authorises the Parliament to prescribe the duties & powers of the > CAG takes oath before the
Auditor General warrant under his hand and except in the same Parliament but 65 yrs age, CAG in relation to accounts of CG, SG & any other authority or body. President (mentioned in 3rd Sch
of India seal manner as a judge of can't be altered to whichever to the Const)
SC. his disadvantage is earlier. Accordingly, enacted the CAG (Duties, Powers and Conditions of Service) > CAG is the head of the
after retirement. Act, 1971 (refer Pg. 49.2 to 49.4) Internal Audit & Accounts Dept.
It is equal to that > CAG, after retirement, is not
of a judge of SC eligible to hold further office
under CG or SG.
> No minister can represent the
CAG in the parliament.
10 Attorney General 76 AGI AGI - by President pleasure of the pleasure of the pleasure of Duties: > AGI is the highest law officer
of India President President the To give advice to CG upon such legal matters, perform such other duties of in the country & treated as a
Qualification- eligible to President legal character that are assigned to him by the President and discharge part of Union Executive.
appointed a judge of SC such duties as conferred by the Const and any law. > However, certain limitaitons
are imposed e.g. can't advise
The president has assigned him the following: and hold a brief against GoI;
(i) appear on the behalf of GoI before SC in all cases should not defend accused in
(ii) appear on the behalf of GoI before HC when required by GoI criminal prosecutions without
(iii) To represent GoI in reference made by the President to SC u/A 143 (for GoI's permission; and should
SC's advice in certain cases) not accept appointment as
director in any co without GoI's
Rights: permission.
(i) right of audience in all courts in territory of India > Solicitor General of India and
(ii) right to speak and take part in the proceedings of both the houses of Additional Solicitor General of
Parliament & even in joint sitting (but no right to vote) India (not a const post) assist
(iii) enjoys all the immunities & privileges that are availalbe to MP the AGI.
(iv) He does not fall in the category of Govt Servants and therefore, not
debarred from pvt. legal practice.

11 Advocate 165 AGS AGS - by President pleasure of the pleasure of the pleasure of Similar duties and rights > AGS is the highest law officer
General of the Governor Governor the in the State
State Qualification- eligible to Governor
appointed a judge of HC
NON-CONSTITUTIONAL BODIES
Sr. Name of the Body Act Composition Appointment Removal Salary Tenure Powers & Functions Remarks
No.
1 National Human The Protection of Multi-member body: Chairman and members appointed By President in cases: determined by 5 Years or age of 70 Major Functions: Working - Pg 53.2
Rights Commission Human Rights Act, 1 chairman - retired CJI by the President on a 6 member (i) adjudged as insolvent CG and can't be years, whichever is (i) to inquire into any violation of human rights or Role - Pg. 53.3
1993 committee's recommendations: (ii) paid employment o/s India varied to his earlier. negligence in the prevention of such violation by public Amendment of
+ 4 full-time members - (i) PM as its head (iii) infirmity of mind or body disadvantage servant, either suo motu, on a petition presented to it 2006 - Pg. 53.4
(i) serving or retired SC Judges (ii) Lok Sabha's Speaker (bilndness not covered) after Not eligible for or on an order of HC
(ii) serving or retired CJH (iii) Deputy Chairman of Rajya Sabha (iv) unsound mind + declared as such appointment further employment (ii) to intervene in any proceeding involving violation of
(iii) 2 persons having knowledge or (iv) Leader of the Oppositions in by a court under CG or SG. human rights pending before Court
practical experience w.r.t. human rights both the houses of Parliament (v) convicted and sentenced to (iii) to visit jails and detention places to study the living
(v) Central Home Minister imprisonment for any offence. conditions of inmates and make recommendaton
+ 4 ex-officio members - Chairmen of (vi) proved misbehaviour and thereon.
(i) National Commission for Minorities Serving judges can be members only incapacity (iv) to review the constitutional and other legal
(ii) National Commission for SCs after approval of CJI. safeguards for the protection of human rights etc.
(iii) National Commission for STs For point (vi), refer to SC and SC's
(iv) National Commission for Women advice binding.

2 State Human Rights The Protection of Multi-member body: Chairman and members appointed appointed by Governor but removal by determined by same same but Only 25 states
Commission Human Rights Act, 1 chairman - retired CJH by the Governor on a committee's President - same ground and same SG and can't be SHRC can inquire into violation of human rights only in have SRHC. i.e.
1993 recommendations: manner varied to his But one change. In respect of subjects mention in the State List and Arunanchal
+ 2 full-time members - (i) CM as its head disadvantage case of SHRC, Concurrent List of 7th Sch. However, if any case is Pradesh,
(i) serving or retired HC Judges (ii) LA's Speaker after member is eligible already being inquired into by NHRC or any other Meghalaya,
(ii) District Judge in the state with a (iii) LC's Chairman, if any appointment for re-appointment statutory commission, then, SHRC should not inquire. Mizoram and
minimum of 7 years experience as District (iv) Leader of the Oppositions in for another term of Nagaland do not
Judge both the houses (LA and LC, if any) 5 years subject to one more point: have SHRC.
(iii) a person having knowledge or (v) State Home Minister the age of 70 years. The Act also provides for the establishment of HUMAN
practical experience w.r.t. human rights RIGHTS COURT in every district for speedy trial of Working of SHRC -
Serving judges can be members only violation of HRs. - set up by SG only with concurrence same as NHRC.
after approval of CJH. of CJH. Further, SG to appoint a public prosecutor or
appoint 1 advocate (practiced for 7 years) as a special
public prosecutor.
3 Central Information official gazette under 1 Chief Information Commissioner + not appointed by the President on a By President in cases: CIC - similar to 5 years or 65 years (i) duty of the CIC to receive and inquire into a only has power
Commission the Right to more than 10 Information Commissioners committee's recommendations: (i) adjudged as insolvent Chief EC of age, whichever is compaint from any person: w.r.t. public
Information Act, 2005 (i) PM as its chairperson (ii) paid employment o/s India IC - similar to earlier. (a) not able to submit info request because of non- auhtorities, FIs,
They should be persons of eminence in (ii) Leader of the Opposition in the (iii) infirmity of mind or body EC appointment of Public Information Officer PSUs under CG &
public life with wide knowledge and Lok Sabha (bilndness not covered) Not eligible for (b) has been refused info that was requested Uts
experience in law, science and (iii) Union Cabinet Minister (iv) convicted of any offence. which reappointment. (c ) has not received response within the specified
technology, social service, management, nominated by PM involves Moral Turpitude limits
journalism, mass media or administration (v) he acquired such financial interest Information (d) fees excessively charged
and governance. They should not be MP or other interest as is likely to affect Commissioner is (e) info given is incomplete, mislead etc.
or MLA or MLC. They should not hold prejudicially his official functions eligible for (ii) CIC can order inquiry into any matter if there are
office of profit or connected with political (vi) proved misbehaviour and appointment as reasonable grounds (suo-moto power)
party or carrying any business or incapacity (i.e. interested in any Chief Information (iii) CIC has power of Civil Court
profession contract or agreement made by CG or Commissioner but (iv) During the inquiry of a complaint, all public records
participates in any way in the profit of cannot hold for must be given to CIC
such contract/agreement) more than a total of (v) CIC has the power to secure compliance of its
5 years including his decisions from the public authority by various means
For point (vi), refer to SC and SC's term as Information (inter alia, by levying penalty i.e. 250 - 25000 per day
advice binding. Commissioner. for non-compliance for PIO)

Also CIC to submit annual report to CG (not President)

which places it before both the houses.

4 State Information official gazette under same appointed by the Governor on a same but removal by Governor only State CIC - 5 years or 65 years same and just replace Centre with State. only has power
Commission the Right to committee's recommendations: (not President) similar to of age, whichever is w.r.t. public
Information Act, 2005 (i) CM as its chairperson Election earlier. auhtorities, FIs,
(ii) Leader of the Opposition in the Commissioner PSUs under SG
LA (not CEC) Not eligible for
(iii) State Cabinet Minister reappointment.
nominated by CM State IC -
similar to Chief State Information
Secretary of the Commissioner is
State Govt. eligible for
appointment as
State Chief
Information
Commissioner but
cannot hold for
more than a total of
5 NITI Aayog Cover from book
6 Central Vigilance Cover from book
Commission
7 Central Bureau of Cover from book
Investigation
8 Lokpal & Lokayuktas Cover from book