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CONSTITUTIONAL BODIES OF INDIA
Name of the Body Union Public Service Commission
(UPSC)
Inception • Lord Macaulay’s Report-
merit based modern civil
services in India started in
1854, with examination in
London.
• 1922 onwards- examinations
of Indian Civil Services began
to be held in India also.
• Govt. Of India act 1919
provided for a Central Public
Service commission. It was
setup in 1926.
• Govt. Of India act 1935
provided for a Federal Public
Service commission,
Provincial Public Service
commission & Joint Public
Service commission for two
or more provinces.
• From 26 January 1950
Federal Public Service
commission came to be known
as Union Public Service
Commission.
About • UPSC is Central recruitment
agency of Government of
India.
• It is the watchdog of merit
System.
• It is an independent
constitutional body.
Articles of the • Article 315 to 323 in Part
Constitution XIV of Indian constitution
deals with UPSC & State PSCs.
State Public Service Commission
(SPSC)
• Lord Macaulay’s Report-
merit based modern civil
services in India started in
1854, with examination in
London.
• 1922 onwards-
examinations of Indian Civil
Services began to be held in
India also.
• Govt. Of India act 1919
provided for a Central
Public Service commission.
It was setup in 1926.
• Govt. Of India act 1935
provided for a Federal
Public Service commission,
Provincial Public Service
commission & Joint Public
Service commission for two
or more provinces.
• Later, Provincial Public
Service commission came to
be known as State Public
Service Commission.
• SPSC is Central recruitment
agency in the state.
• It is the watchdog of merit
System.
• It is an independent
constitutional body.
• Article 315 to 323 in Part
XIV of Indian constitution
deals with UPSC & State
PSCs.
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Qualification • No qualification for members
of UPSC is provided by the
constitution of India except
50% of the members should
have served Government of
India or Government of any
State for at least 10 years.
Composition of • Composition of UPSC is left
the Body to the discretion of the
President of India, by the
Indian Constitution.
• Usually it consists of a
Chairman & 8 to 10 members.
Appointment • Chairman & members of UPSC
are appointed by President of
India.
• They can address their
resignation to President of
India.
Tenure • Chairman & members of UPSC
hold office for a term of Six
years or 65 years of age,
whichever is earlier.
Condition of • Condition of service of
Service Chairman & members of UPSC
is determined by President of
India.
Reappointment • Chairman & members of UPSC
are not eligible for
reappointment.
Removal • Chairman & members of UPSC
can be removed by President
of India on ground of
bankruptcy (insolvency),
engagement in any paid
employment outside his duty
or in case of infirmity of body
or mind.
• No qualification for members
of SPSC is provided by the
constitution of India except
50% of the members
should have served
Government of India or
Government of any State for
at least 10 years.
• Composition of SPSC is left
to the discretion of the
Governor of the state, by the
Indian Constitution.
• Chairman & members of SPSC
are appointed by Governor
of the state.
• They can address their
resignation to Governor of
the state.
• Chairman & members of
SPSC hold office for a term of
Six years or 62 years of age,
whichever is earlier.
• Condition of service of
Chairman & members of
SPSC is determined by the
Governor of the state.
• Chairman & members of
SPSC are not eligible for
reappointment.
• Chairman & members of
SPSC can be removed by
President of India on
ground of bankruptcy
(insolvency), engagement
in any paid employment
outside his duty or in case of
infirmity of body or mind.
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• They can also be removed
from their office by the
President of India for
misbehaviour. However, in
this case he has to refer the
matter to Supreme Court of
India & advice so tendered
by Supreme Court is binding
upon the President.
• Constitution of India defines
misbehaviour as the
engagement/interest in any
contract or agreement made of
Govt. Of India or any state or
profit from such contract.
Independence Following provisions are made
by the constitution of India to
ensure independence &
impartiality of the UPSC
• Condition of Service- their
condition of service cannot be
varied to their disadvantage.
• Expenses- Salaries, pensions
& allowances of Chairman &
members of UPSC are not
subject to vote of Parliament
& are charged on
Consolidated Fund of India.
• Removal- Chairman &
members of UPSC enjoy the
security of tenure. It means
they can be removed from
office only in the manner &
ground mentioned in the
Constitution of India.
• Reappointment- Chairman &
members are not eligible for
second term to that office.
• Chairman, UPSC: not eligible
for further employment in the
Govt. Of India or any state.
• Members of UPSC are
eligible for appointment as
Chairman of UPSC & other
State PSCs, but not for any
• They can also be removed
from their office by the
President of India for
misbehaviour. However, in
this case he has to refer the
matter to Supreme Court of
India & advice so tendered
by Supreme Court is
binding upon the
President.
• Constitution of India defines
misbehaviour as the
engagement/interest in any
contract or agreement made
of Govt. Of India or any state
or profit from such contract.
Following provisions are
made by the constitution of
India to ensure
independence & impartiality
of the SPSC
• Condition of Service- their
condition of service cannot
be varied to their
disadvantage.
• Expenses- Salaries, pensions
& allowances of Chairman &
members of SPSC are not
subject to vote of State
Legislature & are charged
on Consolidated Fund of
the state.
• Removal- Chairman &
members of SPSC enjoy the
security of tenure. It means
they can be removed from
office only in the manner &
ground mentioned in the
Constitution of India.
• Reappointment- Chairman
& members are not eligible
for second term to that
office. Chairman of SPSC is
not eligible for further
employment in the Govt. Of
India or any state. However,
• Chairman of SPSC is
eligible for appointment as
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other employment in the Govt.
Of India or any state
Powers & UPSC performs following functions:
Functions
• Conducting examination-it
conducts examination to All
India Services, Central services
& public services of centrally
administered territories.
• Assisting States
• It serves any need of the state
on the request of Governor &
with the approval of the
President.
• If requested by 2 or more
states, it assists the states in
framing & operating joint
recruitment for any services.
• Consultation services
✓ It is consulted in matters of
principles of appointment & in
making promotions &
transfers to civil services &
posts.
✓ Methods of recruitment to civil
services & posts.
✓ Suitability of a candidate for
appointment/promotion/
transfer etc.
✓ In the cases of all disciplinary
matters under Government of
India from minor penalties to
major penalties including
dismissal from service.
✓ In matter of awards of pension
in case of in-service injuries &
claim of reimbursement in
defending legal proceedings.
Chairman of other State
PSC & as a member or
Chairman of UPSC.
• Members of SPSC are
eligible for appointment as
member/Chairman of UPSC
& Chairman of other State
PSCs, but not for any other
employment in the Govt. Of
India or any state
SPSC performs following functions:
• Conducting examination-it
conducts examination to the
services of the state.
• Consultation services
✓ It is consulted in matters of
principles of appointment &
in making promotions &
transfers to civil services &
posts.
✓ Methods of recruitment to
civil services & posts.
✓ Suitability of a candidate for
appointment/promotion/
transfer etc.
✓ In the cases of all disciplinary
matters under Government
of the state from minor
penalties to major penalties
including dismissal from
service.
✓ In matter of awards of
pension in case of in service
injuries while serving the
government of the state &
claim of reimbursement in
defending legal proceedings.
• Consultation provisions
are only directory and not
mandatory; hence there is
no legal remedy available
in case of non-consultation
with SPSC by Govt. Of the
state.
• Jurisdiction of SPSC can be
extended by state
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✓ In matter of temporary legislature. Also Governor

appointments for more than can exclude matters, posts &
one year including services from the purview of
regularization, extension & re- SPSC which can be amended
appointment of retired civil or repealed by state
servants etc. legislature.
• Consultation provisions are • Report of Performance of
only directory and not SPSC- Annual report of
mandatory; hence there is performance of SPSC is laid
no legal remedy available in down before the state
case of non-consultation with legislature by Governor of
UPSC by Govt. Of India. the state, along with the
• Jurisdiction of UPSC can be cases where the advice of
extended by Parliament. SPSC was not considered &
Also, President can exclude reason for non-acceptance of
matters, posts & services from advice.
the purview of UPSC which • Limitations of SPSC-
can be amended or repealed ✓ SPSC is not consulted in
by Parliament. matter of reservations
• Report of Performance of (Backward Classes, SCs,
UPSC- Annual report of and STs).
performance of UPSC is laid
down before Parliament by
President, along with the
cases where the advice of
UPSC was not considered &
reason for non-acceptance of
advice. All such cases of non-
acceptance must be
approved by the
Appointment Committee of
Cabinet.
• Limitations of UPSC-
✓ UPSC is not consulted in
matter of reservations
(Backward Classes, SCs, and
STs).
✓ It is not consulted in matter of
appointment of bulk of group
C & D services, for
temporary posts upto one
year, for appointment of
Chairperson/members of
Commissions/Tribunals/
Higher diplomatic posts.

Other important a) Role of UPSC a) Role of SPSC

Facts
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• Recommendations of UPSC are
only advisory in nature &
are not binding on the
Government.
• UPSC is Central Recruitment
Agency while Department of
Personnel & Training is the
Central Personnel Agency in
India.
• Emergence of Central
Vigilance Commission (CVC)
has affected the advisory
functions of UPSC in
disciplinary matters as CVC is
also consulted in these
matters, however being a
constitutional body, UPSC has
an edge over CVC.
• Recommendations of SPSC
are only advisory in nature
& are not binding on the
Government of the state.
• SPSC is Central
Recruitment Agency while
Department of Personnel
or General Administration
Department is the Central
Personnel Agency in the
state.
• Emergence of State Vigilance
Commission (SVC) has
affected the advisory
functions of SPSC in
disciplinary matters as SVC is
also consulted in these
matters, however being a
constitutional body, SPSC has
an edge over SVC.
Joint State Public Service
Commission (JSPSC)
• The constitution provides the
provision for the
establishment of a JSPSC.
• While UPSC/SPSC are
directly created by the
Constitution of India (hence
constitutional bodies), JSPSC
is a statutory body & not a
constitutional body.
• The composition of JSPSC &
its condition of service are
determined by the
President of India.
• Appointment, removal &
resignation of members &
Chairman of JSPSC are
performed by the President
of India.
• They hold office for a term of
6 years or 62 years of age,
whichever is earlier.
• Annual performance
report of JSPSC is laid down
by the Governor of each
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Name of the Body National Commission of SCs
Inception a) Article 338- Originally, this
article of Indian Constitution
provided for the appointment
of a Special Officer for SCs &
STs, which was known as the
Commissioner of SCs & STs.
b) Year 1978- Government of
India set-up a multi-member
non-statutory Commission
for SCs & STs.
c) Year 1987- Government of
India renamed the
Commission for SCs & STs as
National Commission for SCs
& STs & modified its
functions.
d) 65th Constitutional
Amendment Act of 1990-this
amendment established a
multi-member Constitutional
body known as National
Commission for SCs & STs by
replacing the Commissioner of
SCs & STs & National
Commission for SCs & STs
(which was a non-
constitutional boy).
e)89th Constitutional
Amendment Act of 2003- In
the year 2004, this
amendment bifurcated the
National Commission for SCs
& STs into two separate
bodies i.e. the National
Commission for SCs (Article
state before each state
legislature.
• Example of JSPSC-a JSPSC
was created for Punjab &
Haryana for a short period
of time.
National Commission of STs
a) Article 338- Originally, this
article of Indian Constitution
provided for the appointment
of a Special Officer for SCs &
STs, which was known as the
Commissioner of SCs & STs.
b) Year 1978- Government of
India set-up a multi-member
non-statutory Commission
for SCs & STs.
c) Year 1987- Government of
India renamed the
Commission for SCs & STs as
National Commission for SCs
& STs & modified its
functions.
d) 65th Constitutional
Amendment Act of 1990-this
amendment established a
multi-member Constitutional
body known as National
Commission for SCs & STs by
replacing the Commissioner of
SCs & STs & National
Commission for SCs & STs
(which was a non-
constitutional boy).
e)89th Constitutional
Amendment Act of 2003- In
the year 2004, this
amendment bifurcated the
National Commission for SCs
& STs into two separate
bodies i.e. the National
Commission for SCs (Article
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338) & the National
Commission for STs (by
inserting a new Article 338-
A).
About • National Commission for SCs
is a constitutional body.
Articles of the • Article 338 in Part XVI of
Constitution Indian constitution deals
National Commission for SCs.
Composition of • National Commission for SCs
the Body consists of a Chairperson, a
Vice-Chairperson & three
other members.
Appointment • Chairperson, Vice-Chairperson
& members are appointed by
the President by warrant
under his hand & seal.
Tenure • Chairperson, Vice-Chairperson
& members hold office for a
term of three years.
Condition of • Their Condition of service &
Service tenure of office are
determined by President of
India.
Functions National Commission of SCs performs National Commission of STs performs
following functions: following functions:
• Investigation & monitoring-
it investigates & monitors all
matters relating to the
constitutional & other legal
safeguards available for SCs &
evaluate their working.
• Recommendatory role- it
recommends the measures to
Union or State Governments
for socio-economic
338) & the National
Commission for STs (by
inserting a new Article 338-
A).
• National Commission for STs
is a constitutional body.
• Article 338-A in Part XVI of
Indian constitution deals
National Commission for STs.
• National Commission for STs
consists of a Chairperson, a
Vice-Chairperson & three
other members.
• Chairperson, Vice-Chairperson
& members are appointed by
the President by warrant
under his hand & seal.
• Chairperson, Vice-Chairperson
& members hold office for a
term of three years.
• Their Condition of service &
tenure of office are
detetermined by President of
India.
• Investigation & monitoring-
it investigates & monitors all
matters relating to the
constitutional & other legal
safeguards available for STs &
evaluate their working.
• Recommendatory role- it
recommends the measures to
Union or State Governments
for socio-economic
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development, welfare &
protection of rights of SCs.
• Participatory & advisory
role- it participates & advices
on planning of socio-economic
development of the SCs &
evaluate the progress.
• Inquiry of complaints- it
safeguards the interests of SCs
& inquires into complaints
regarding their deprivation.
• Reports- it presents its annual
& other reports to the
President.
• Other functions- it performs
other such functions as
specified by the President.
Powers National Commission of SCs is
vested with following powers-
• Power to regulate its own
procedure- It is vested with
the Power to regulate its own
procedure.
• Consultation obligations on
Governments- Both Central
& State governments are
required to consult the
Commission on all major
policy matter affecting the
SCs.
• Power of a Civil Court- The
Commission is vested with
development, welfare &
protection of rights of STs.
• Participatory & advisory
role- it participates & advices
on planning of socio-economic
development of the STs &
evaluate the progress.
• Inquiry of complaints- it
safeguards the interests of STs
& inquires into complaints
regarding their deprivation.
• Reports- it presents its annual
& other reports to the
President.
• Other functions- through the
National Commission of the
Scheduled Tribes
(Specifications of other
Functions) Rules 2005, the
President has specified
following other functions for
the Commission-
✓ Measures to safeguards the
rights of STs over mineral
resources, water resources,
minor forests produce,
livelihood support, relief &
rehabilitation, protection of
forests & eliminate the
practice of shifting cultivation.
National Commission of STs is
vested with following powers-
• Power to regulate its own
procedure- It is vested with
the Power to regulate its own
procedure.
• Consultation obligations on
Governments- Both Central
& State governments are
required to consult the
Commission on all major
policy matter affecting the
STs.
• Power of a Civil Court- The
Commission is vested with
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following power of a Civil
Court-
✓ Receiving evidence of affidavit.
✓ Requiring production of a
document or a public record
✓ Summoning & enforcing
attendance
✓ Issuing summons
Name of the Special Officer for Linguistic
Body Minorities
Inception • There was no provision of Special
Officer for Linguistic Minorities
in original Constitution.
• It was established on the
recommendations of State
Reorganisation Commission
(1953-55).
• Article 350-B was inserted in
Part XVII of the constitution via
7th Constitutional Amendment
Act of 1956.
following power of a Civil
Court-
✓ Receiving evidence of affidavit.
✓ Requiring production of a
document or a public record
✓ Summoning & enforcing
attendance
✓ Issuing summons
National Commission for Backward
Classes
• Beginning-earlier two
Backward Class Commissions
were created in 1953 and
1979 under Kaka Kalelkar
and B.P. Mandal respectively.
• Indra Sawhney case- in this
case the, Supreme Court of India
had directed the government of
India to create a permanent
body for the benefits and
protection of Backwards
classes.
• National Commission for
Backward Classes- the
parliament passed National
Commission for Backward
Classes Act in 1993 and
constituted the National
Commission of Backward
Classes as a statutory body.
• 123rd Constitution
Amendment bill of 2017- this
bill was introduced in the
Parliament to safeguard the
interests of backward classes
more effectively. It accords
constitutional status to
National Commission of
Backward classes. It also
inserted an article 338B for
National commission for
Backward Classes.
• The National Commission for
Backward Classes (repeal)
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Act, 2018- it was passed by the

Parliament to repeal the
National Commission for
Backward Classes Act, 1993.
• The Constitution (102nd
amendment) Act, 2018- this
amendment provided the
Constitutional status to the
National Commission of
Backward Classes.

About • A Linguistic Minority is a group • It is an independent

of people whose mother tongue constitutional body.
is different from majority in the
state. It is determined on state-
wise basis.
• The office preserves & promotes
interests of linguistic Minorities.
• The Commissioner falls under
Ministry of Minority Affairs.
• The Headquarter of the
Commissioner is located at
Allahabad (Uttar Pradesh). It
has three regional offices at
Kolkata (West Bengal), Chennai
(Tamil Nadu) & Belgaum
(Karnataka), each headed by an
Assistant Commissioner.

Articles of the • Article 350-B of Part XVII • Article 338 B, inserted by The
Constitution provides for the office of Constitution (102nd
Special Officer for Linguistic amendment) act, 2018) - it
Minorities. empowers the commission to
examine the complaints & take
welfare measures regarding
socially & educationally
Backward classes.
• Article 342 A (inserted by The
Constitution (102nd
amendment) act, 2018) - it
empowers the President to
specify socially & educationally
backward classes in various
states & UTs.
• The Commission consists of a
Composition: Chairperson, a Vice-
Chairperson and three other
Members.
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Appointment • He is appointed by the President
of India.
Tenure • Not prescribed in the
Constitution of India.
Condition of • Not prescribed in the
Service Constitution of India.
• Investigation- he investigates all
matters related to the
Functions & Constitutional & the nationally
Rights agreed safeguards provided to
the linguistic minorities.
• Monitoring- he monitors
implementation of these
safeguards.
• Submission of Reports- he
submit annual & other reports on
the implementation of these
safeguards to President
through Union Minority Affairs
Ministers.
• The Chairperson, Vice-
Chairperson and Members are
appointed by the President by
warrant under his hand and
seal.
• They are appointed for a term
of three years.
• Their condition of service is
determined by the President.
• Investigation & monitoring-it
investigates & monitors all
matters relating to the
constitutional & other legal
safeguards available for socially
& educationally backward
classes & evaluate their
working.
• Participatory & advisory role-
it participates & advices on
planning of socio-economic
development of the socially &
educationally backward classes
& evaluate the progress.
• Reports- it presents its annual
& other reports to the
President. A copy of report is
sent to the state if it relates to
the state.
• It has to discharge such other
functions in relation to the
protection, welfare and
development and advancement
of the socially and educationally
backward classes as the
President may, subject to the
provisions of any law made by
Parliament, by rule specify.
• It has the power of a civil
court while trying a suit.
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Name of the Body Comptroller & Auditor General of
India
About • The Office of CAG is an
independent constitutional
Office.
• He is the guardian of the public
purse.
• His duty is to uphold the
constitution of India & laws of
Parliament in the field of
financial administration.
• He is the head of Indian Audit
& Accounts Department.
• CAG is an agent of the
Parliament & conducts audit of
expenditure on behalf of the
Parliament. He is responsible
only to the Parliament of
India.
Articles of the • Article 148 to 151 of the
Constitution Indian Constitution deals with
the Office of CAG.
Qualification
Composition of
the Body
Election Commission of India
• The Office of Election
Commission of India is a
permanent &
independent
constitutional body.
• It is an All-India body.
• Article 324 of the Indian
Constitution provides
Election Commission of
India with the power of
direction, superintendence,
and control of elections to
Parliament, state
legislatures, the office of
President of India and the
office of Vice-President of
India.
• Elections to the
Municipalities and
Panchayats in the states
are conducted by State
Election Commission.
• Article 324 of the Indian
Constitution provides for
the Office of ECI.
• Constitution of India has
not prescribed any
qualification of the
member of Election
Commission of India.
• Since its inception in 1950
to 15 Oct. 1989 it was a
single member body.
• From 16 Oct. 1989 two
more Election
Commissioners were
appointed.
• In Jan 1990, post of two
Election Commissioners
was abolished.
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Appointment • He is appointed by the
President of India by a
warrant under his hand &
seal.
Tenure • He holds office for a term of Six
years or 65 years of age,
whichever is earlier.
Conditions of • His salary & other Conditions of
Service service are determined by the
Parliament.
Reappointment • He is not eligible for
reappointment.
Removal • He can be removed from the
office by the President of
India, through the same
procedure as a judge of
Supreme Court.
• Hence, he can be removed on
the basis of a resolution
passed to that effect by both
the houses of Parliament with
special majority on the
ground of proved
misbehaviour or incapacity.
• From Oct. 1993 to till date
there is One Chief
Election Commissioner &
two Election
Commissioners in the
body.
• They are appointed by the
President of India.
• They hold office for a term
of Six years or 65 years of
age, whichever is earlier.
• The Conditions of service
& tenure of office of the
Election Commission &
Regional Commissioners
are determined by the
President.
• Constitution has not
debarred a retiring
Election Commissioner
from any further
appointment.
• Chief Election
Commissioner can be
removed from the office by
the President of India,
through the same
procedure as a judge of
Supreme Court.
• Hence, he can be removed
on the basis of a resolution
passed to that effect by
both the houses of
Parliament with special
majority on the ground of
proved misbehaviour or
incapacity.
• Any other Election
Commissioner and
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Independence Following provisions are made by
the constitution of India to ensure
independence & impartiality of the
Office of CAG:
• Condition of Services- His
conditions of service cannot be
varied to his disadvantage.
The conditions of services of
persons serving in the Office of
CAG & the administrative power
of the CAG are prescribed by the
President after consultation
with the CAG.
• Expenses- Salaries, pensions &
allowances of persons serving
in the Office of CAG are not
subject to vote of Parliament
& are charged on
Consolidated Fund of India.
• Removal- He enjoys the
security of tenure. It means he
can be removed from office only
in the manner & ground
mentioned in the Constitution
of India.
• Reappointment- He is not
eligible for second term to
that office. He is also not
eligible for further office, either
under Government of India or
Government of any state.
Duties & Powers i) CAG performs following duties under
CAG (Duties, Powers & Conditions of
Service) Act, 1971 as provided
under article 149-
• Auditing the accounts –He
audits the accounts related to
all expenditure drawn from the
Consolidated Fund of India,
Regional Commissioners
cannot be removed from
the office except on the
recommendations of the
Chief Election
Commissioner.
Following provisions are
made by the constitution of
India to ensure
independence &
impartiality of the Office of
the Election Commission of
India
• Condition of Services- The
condition of services of
Chief Election
Commissioner cannot be
varied to his disadvantage.
• Removal- The Chief
Election Commissioner
enjoys the security of
tenure. It means he can be
removed from office only in
the manner & ground
mentioned in the
Constitution of India. Any
other Election
Commissioner and
Regional Commissioners
cannot be removed from
office except on the
recommendations of the
Chief Election
Commissioner.
The Commission’s functions and
powers with respect to elections to
the offices of the President, the
Vice President, the state legislators
and the Parliament are:
Administrative powers.
Advisory powers & Quasi-
judicial powers
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consolidated fund of every state
and consolidated fund of every
union territory having a
Legislative Assembly.
• Auditing of Expenditure- He
audits of all expenditure from
the Contingency Fund of India
and the Public Account of India
as well as the contingency funds
and the public accounts of each
states.
• Auditing the receipts and
expenditure-
a) He Audits the receipts and
expenditure of the Government
of India and each state to ensure
that the rules and procedures in
that behalf are designed to
secure an effective check on the
assessment, collection and
allocation of revenue.
b) He Audits the receipts and
expenditure of the following:
✓ All bodies and authorities
substantially financed from the
Central or state revenues.
✓ Government companies
✓ Other corporations and bodies
when so required by related
laws.
• Auditing of department of the
Central Government and state
governments- He audits of all
trading, manufacturing, profit
and loss accounts, balance
sheets and other subsidiary
accounts of any department of
the Central Government and
state governments.
• Auditing all the transactions
of the Central and state
governments- 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
Detailed powers and functions are:
• Preparing electoral rolls
& registering voters- It
Prepares and periodically
revises electoral rolls and
registers all eligible voters.
• Determining the Electoral
Constituencies -It
determines the territorial
areas throughout the
country on the basis of the
Delimitation Commission
Act of Parliament.
• Notifying the schedules
and dates of elections –It
notifies the schedules and
dates of elections and
scrutinises nomination
papers on applicants.
• Functions related to
Political Parties- It Grants
recognition to the various
political parties and allocate
them election symbols &
settles related disputes. It
also registers political
parties and grants them the
status of national or state
parties.
• Code of conduct, disputes
& publicity- It determines
the code of conduct to be
followed by the political
parties and candidates
during elections. It also
appoints officers for
inquiring into disputes
concerning electoral
arrangements. It prepares a
program for publicising the
policies of all the political
parties on various media
like TV and radio during
elections. It cancels polls in
cases of booth capturing,
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approval of the President, or rigging, violence and other

when required by the President.
• Auditing the accounts of any
other authority when requested
by the President or Governor.
For example, the audit of local
bodies.
ii) Under Article 150, he advices the
President with regard to prescription
of the form in which the accounts of
the Centre and the states shall be kept.
iii) Under Article 151, he Submits his
audit reports relating to the accounts
of the Central Government to the
President, who shall, in turn, place
them before both the Houses of
Parliament. He also submits his audit
reports relating to the accounts of a
state government to the Governor, who
shall, in turn, place them before the
state legislature.
iv) Under Article 279, he ascertains
and certifies the net proceeds of any
tax or duty. This certificate is final.
The ‘net proceeds’ means the proceeds
of a tax or a duty minus the cost of
collection.
irregularities.
• Disqualification of
MPs/MLAs- It advices the
President or the Governor
of the state on matters
concerning the
disqualification of MPs or
MLAs.
• Supervisory role- It
supervises the election
machinery throughout the
country to conduct free &
fair elections.
• Under President’s rule- It
Advises the President on
whether elections can be
held in a state that is under
the President’s rule, in
order to extend the period
of emergency after 1 year.
• It can request for staff
requirement for conducting
elections.

v) In respect to the Public Accounts

Committee- He acts as a guide of the
Public Accounts Committee of the
Parliament.

vi) He compiles and maintains the

accounts of state governments.

Report of Performance of CAG- He

submits following three audit reports to
the President which are laid down
before both the houses of Parliament:

✓ Audit Report on
Appropriation Accounts
✓ Audit Report on Finance
Accounts
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✓ Audit Report on Public

Undertakings

Other important a) Role of CAG

Facts
• CAG has more freedom with • In the state, the Election
regards to audit of Commission is assisted by
expenditure than audit of Chief Electoral Officer who
receipts, because in respect to is appointed by the Chief
audit of expenditure he decide Election Commissioner in
the scope of audit & frames his consultation with state
own audit codes and manuals government.
while in case of audit of receipts • In districts, the District
he has to proceed with the Collector acts as a District
approval of the executive. Returning Officer.
• CAG conducts legal &
regulatory audit (to ascertain
whether money shown in the
accounts was legally available
for & applicable to the service,
whether expenditure conforms
to the authority it governs)
which is obligatory on him. He
can also conduct the
Proprietary audit (to look into
the wisdom, faithfulness &
economy of expenditure), which
is discretionary on his part.
• In case of secret service
expenditure, CAG cannot
conduct his audit but has to
obtain a certificate from the
competent authority that
expenditure has been occurred
under his authority.
• In case of Public Corporation
✓ CAG directly conducts audit of
ONGC, Air India, Damodar
Valley Corporation, Oil &
Natural Gas Commission etc.
✓ Audits of some bodies such as
Industrial Finance
Corporation, Central
Warehousing Corporation etc.
are conducted by private
professional auditors
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appointed by the Central
Government in consultation
with CAG.
✓ Some other corporations like
LIC, RBI, SBI, FCI etc. are
totally subject to private
audit.
Name of the Attorney General of India
Body
About • Attorney General of India is the
highest law officer in the
country.
• However, he does not fall into
the category of Government
servant & is not debarred from
private practice.
• He is assisted by the Solicitor
General of India & Additional
Solicitor General of India, but
both posts are not mentioned in
the Constitution of India.
• He presents his annual report to
the President of India.
• Reports pertaining to State
Government are forwarded to the
State Governor vide the President
of India.
Articles of the • Article 76 of the Part V (The
Constitution Union) deals with the office of
the Attorney General of India.
This is the only article dealing
with this office.
Appointment • He is appointed by the President
of India.
Qualification • He must be a person who is
qualified to be appointed as a
judge of Supreme Court i.e.
✓ He must be a citizen of India.
Advocate General of the State
• The Advocate General of the
state is the highest law officer
in the state.
• However, he does not fall into
the category of Government
servant & not debarred from
private practice.
• He presents his annual report to
the President of India.
• Reports pertaining to State
Government are forwarded to
the State Governor vide the
President of India.
• Article 165 of the Part VI (The
States) deals with the office of
the Advocate General of the
state. This is the only article
dealing with this office.
• He is appointed by the
Governor of the state.
• He must be a person who is
qualified to be appointed as a
judge of a High Court i.e.
✓ He must be a citizen of India.
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✓ He must have been a judge of
High Court for five years or
✓ An advocate of High Court for
ten years or
✓ An eminent jurist in the opinion
of the President.
Tenure • His term of office is not fixed by
the constitution of India.
• He holds office during the
pleasure of President.
• He resigns after replacement
or resignation of central
government, by convention.
Condition of • He receives such remuneration
Service as determined by the President.
Functions & a) He performs following functions-
Rights
• Advisory role- he tenders his
advice to government of India on
legal matters which are referred
to him by the President of India.
• Duties assigned by the
President- President of India
has assigned following duties
to him:
✓ Appearing in Supreme
Court of India- He appears in
the Supreme Court of India on
behalf of Government of India
in all such cases in which the
Government of India is
concerned.
✓ Appearing in High Courts-
He appears in any High Court
of India on behalf of
Government of India when
Government of India requires
so.
✓ Article 143- He represents
Government of India in any
reference made by the
✓ He should have held a judicial
office in the territory of India for
ten years or
✓ An advocate of High
Court/High Court in
succession for ten years.
• His term of office is not fixed
by the constitution of India.
• He holds office during the
pleasure of the Governor.
• He resigns after replacement
or resignation of the state
government, by convention.
• He receives such remuneration
as determined by the Governor
of the state.
a) He performs following functions-
• Advisory role- he tenders his
advice to government of the
state on legal matters which are
referred to him by the Governor
of the state.
• Duties assigned by the
Governor- he performs such
duties of legal character as
assigned to him by the
Governor of the state.
• He discharges any other
functions conferred on him by
the Constitution of India or any
other law.
b) He enjoys following rights:
• He enjoys all the privileges &
immunities that are available
to MLAs.
• He has right to take part &
speak in proceedings of both
the houses of State
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President to the Supreme Legislature or any committee

Court under article 143 of the
constitution.
• He discharges any other
functions conferred on him by
the Constitution of India or any
other law.
of State Legislature of which
he may be named as a
member, without right to
vote.
• He can attend proceedings of
any court in the state.

b) He enjoys following rights:

• He enjoys all the privileges &

immunities that are available
to an MP.
• He has right to take part &
speak in proceedings of both the
houses of Parliament or joint
sitting or any committee of
Parliament of which he may be
named as a member, without
right to vote.
• He can attend proceedings of
all courts of India.

Limitations • Without the permission of • Without the permission of

Government of India, he should
not accept the post of Director in
any company or corporation.
• He should not advise or hold a
brief against Government of India
or in cases in which he has
appeared on behalf of
government of India.
• Without the permission of
Government of India, he should
not defend the accused person in
criminal prosecution.
Government of the State, he
should not accept the post of
Director in any company or
corporation.
• He should not advise or hold a
brief against Government of the
state or in cases in which he has
appeared on behalf of
government of the state.
• Without the permission of
Government of the state, he
should not defend the accused
person in criminal prosecution.

Name of the Body Finance Commission

About • It is a Constitutional body.

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• It is also a quasi-judicial body.

• It is constituted by the President of India every fifth year or at such
earlier time as he considers necessary.

Articles of the • Article 280 of the Constitution of India provides for a Finance
Constitution Commission of India.
• Article 281 of the Constitution of India contains provisions related to
the recommendations of Finance Commission of India.

Composition of • The Finance Commission of India consists of a Chairman & four

the Body other members.

Qualification • Their Qualifications & manner of selection are decided by the

Parliament as authorized by the Constitution of India.
• Chairman: He should be a person having experience in public
affairs.
• The Four members:
✓ One should be or have been qualified as High Court judge.
✓ One should have knowledge of finance & accounts of the
government.
✓ One should have wide experience in financial matters and in
administration.
✓ One should have special knowledge of economics.

Appointment • The Chairman & four other members are appointed by the President
of India.

Tenure • They hold office for such period as specified by the President in
his order.

Reappointment • They are eligible for reappointment.

Functions The Finance Commission is required to make recommendations to the

President of India on following matters:

• The distribution of the net proceeds of taxes between the Union

and the States which are to be divided between them and the
allocation between the States of their respective shares.
• The principles that should govern the grants-in-aid to the states
out of the Consolidated Fund of India by the Centre.
• Based on the recommendations of the Finance Commission of the
State, the measures needed to augment the Consolidated Fund of
a State to supplement the resources of the Panchayats and
Municipalities in the State.
• Any other matter referred by the President to the Commission in the
interests of sound finance.
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Other important • The Commission submits its report to the President, who lays them
Facts before the Parliament of India.
• The role of the Commission is mainly advisory in nature and not
binding on the government.

NON-CONSTITUTIONAL BODIES OF INDIA

Lokpal
Ombudsman institution - Sweden in year 1809
First discussion on Lokpal in India - 1960 - Law Minister Ashok Kumar Sen in
Parliament.
Lokpal and Lokayukta words -Dr. L.M. Singhvi introduced.
In 1966, the First Administrative Reforms Commission recommended the establishment
of two independent authorities at the central and state level for government officials
(including Members of Parliament).
First Lokpal of the country: Justice P.C. Ghosh
Lokpal and Lokayukta Act, 2013
Composition
The Lokpal consists of a Chairman and a maximum of 8 members.
The Chairman and half the members should be from Legal backgrounds
50% seats are reserved for SC, ST, OBC, Minorities or women.
Who does the selection?
President appoints the Chairperson and Members on the recommendation of a select
committee, consists of:
• the Prime Minister,
• the Speaker of the Lok Sabha,
• the Leader of the Opposition in the Lok Sabha,
• the Chief Justice of India
• One eminent jurist appointed by President.
Powers & Jurisdiction:
Can inquire corruption charges against: Prime Minister, Union Minister, MP, as well
as Central officials Grp. A, B, C and D.
- The Lokpal's jurisdiction over the Prime Minister will be limited only to
allegations of corruption not related to international relations, security, public
order, nuclear energy and space.
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Its jurisdiction also includes a person who is or has been in charge (director / manager
/ secretary) of anybody / committee which is established by central law or of any other
institution financed / controlled by the central government and any other person.
It has the authority to investigate and instruct the CBI.
The term of office for Lokpal Chairman and Members is 5 years or till attaining age of
70 years.
The salary, allowances and other conditions of service of chairperson are equivalent
to Chief Justice of India and members is equivalent to Judge of Supreme Court.
The source of salary for Lokpal and Members is Consolidated Fund of India.
Lokayukta
The Lokayukta is an anti-corruption ombudsman organization in the Indian states
Once appointed, Lokayukta cannot be dismissed nor transferred by the government,
and can only be removed by passing an impeachment motion by the state assembly.
The person appointed is usually a former High Court Chief Justice or former Supreme
Court judge.
Members of the public can directly approach the Lokayukta with complaints of
corruption, nepotism or any other form of mal-administration against any government
official.
Maharashtra established the system of Lokayukta in 1971 through 'The Lokayukta and
Upa-Lokayuktas Act', and the institutions of the Lokayukta and Uplokayukta came into
existence on October 25, 1972.
Central Vigilance Commission: CVC
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The salary, allowances and other service conditions of the Central Vigilance
Commissioner are the same as that of the Chairman of the Union Public Service
Commission and the Vigilance Commissioner is similar to the members of the Union
Public Service Commission, but during the tenure no unviable changes in their services
can be made.
The current Central Vigilance Commissioner is Shri Sharad Kumar.
Central Information Commission
The CIC was constituted with effect from 12th October 2005 under the RTI Act 2005.
Its jurisdiction extends upon all central public authorities.
Chief Information Commissioner and other Information commissioners are appointed
by the President of India on the recommendation of a committee comprising of: Prime
Minister (Chairperson), Leader of the Opposition in the Lok Sabha, and a Union Cabinet
Minister nominated by the PM.
CIC is assisted by ten Information Commissioners.
Tenure- five years or 65 years
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Zonal Councils
The idea of creation of Zonal Councils was mooted by the first Prime Minister of India,
Pandit Jawahar Lal Nehru in 1956
5 Zonal Councils were set up vide Part-III of the States Re-Organization Act, 1956.

The National Commission for Women was established as a constitutional body in

January 1992 under the National Commission for Women Act 1990.
Objective - to review the constitutional and legal protection for women;
Recommendation of corrective statutory measures; Facilitate rectification of complaints
and advise the government on all policy facts affecting women
Rekha Sharma- Chairperson of NCW
National Human Rights Commission
• Statutory Body estd. - 12 October 1993 under the provisions of the Protection of
Human Rights Act, 1993. (Paris Principles)
• multi-member body consisting of 7 members including a Chairman.
• It protects the human rights given by the constitution such as right to life, right
to freedom and right to equality, etc. and acts as their watchdog.
• President of the NHRC - Mr.H.L. Dattu.
President appoints the Chairman and members of NHRC on recommendation of high-
powered committee headed by Prime Minister.
The Chairperson and the members of the NHRC are appointed for 5 years or till the age
of 70 years, whichever is earlier.
They can be removed on the charges of proved misbehavior or incapacity, if proved by
an inquiry conducted by a Supreme Court Judge.
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Protection of Human Rights (Amendment) Bill, 2019

provides for reduction in the tenure of chairpersons of national and state human rights
bodies to three years from the current five years.
Besides a former CJI, as is the current requirement, a former SC judge can also become
NHRC chairperson.
Under the existing Act, chairpersons of commissions such as the NCSC, NCST and NCW
are members of the NHRC.
The new bill provides for including the chairpersons of the National Commission for
Backward Classes, the National Commission for the Protection of Child Rights and the
Chief Commissioner for Persons with Disabilities as members of the NHRC.
National Commission for Minorities (NCM)
The Union Government set up NCM under the National Commission for Minorities Act,
1992.
1 Chairman and 5 members
Syed Ghayorul Hasan Rizvi is Chairman of the National Commission for Minorities.
Major Functions: To evaluate the progress of minorities. Recommend effective
measures to the Central and State Government to protect the interests of minorities.

National Institution for Transforming India Aayog (NITI Aayog)

NITI Aayog is a non-constitutional body, it was established on 1 January 2015 as the
successor of the Planning Commission.
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Functions
NITI Aayog is a "think tank" of the Government of India, which assists the Government
of India in policy making.
To formulate strategic and long-term policies and programs for the Government of
India.
Providing technical assistance to the Central and State Governments in formulation of
schemes.
Ensuring a strong role as an equal participation of states in the development of the
nation (ie promoting cooperative federalism).
Rajiv Kumar: Vice Chairperson Mr. Amitabh Kant: CEO