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S.no. Institution Selection Removal Emoluments Term
Authority
/Committee
1. Judges of CJI + 4 Senior Impeachment Charged upon 65 yrs
SC most judges CFI
2. Judges of CJI + 2 senior Same as SC CF of State 62 yrs
HC most Judges (
Transfer requires 4
Judges)
3. EC President Same as SC Same as SC 6yrs/ 65 Yrs
(Further
Employment
Possible)
4. SEC Governor Same as SC
5. UPSC President President CFI 6 yrs/ 65 Yrs
after Report (No Further
given by SC Employment)
6. SPSC Governor President CF of State 6 yrs/ 62 Yrs
after Report (No Further
given by SC Employment)
7. Finance President - - P.O. may
Commission (Parliament – specify
qualifications) Eligible for
reappointment
8. CAG President As Judge of Determined by 6 yrs/ 65 Yrs
SC Parliament (No Further
Charged upon Employment)
CFI
9. Attorney President Not Remunerations Term not fixed
General mentioned as President
(Pleasure of may decide
President)
10. Advocate Governor Not Remunerations Term not fixed
General mentioned as Governor
(Pleasure of may decide
Governor)
11. NHRC President- Removal Central 3 yrs / 70Yrs
6 membered like government
committee - members of decides Not eligible
PM UPSC for further
Speaker employment
Dy Chairman
LOP – LS Reappointment
LOP – RS possible
MHA
12. CIC President- Removal Central Term
3 membered like government prescribed by
committee members of decides Central
PM UPSC Government
LOP – LS or age of 65
Union Minister years

13. CVC President- Removal Similar to 4 yrs /65 yrs

Three member like Chairman and
committee : members of members of Not eligible
PM as its head UPSC UPSC for further
Union MHA employment
LOP, LS

14. CBI Central Gov. - - Two-year

Director Three-member tenure
committee
PMChairperson,
LOP, LS
CJI or any Judge
appointed
15 Lokpal Selection - - -
Committee –
PM
Speaker LS,
LOP LS
 inheritance of property, marriage and divorce, social customs and
so on. But all such laws require the assent of the governor.
 Can constitute village councils or courts for trial of suits and cases
between the tribes.
 District and regional councils hear appeals from them. The
jurisdiction of high court over these suits and cases is specified by the
governor
 The district council can establish, construct or manage Primary
schools, dispensaries, markets, ferries, fisheries, Roads and so on in
the district. It can also make regulations for the control of money
lending and trading by nontribal.
 But, such regulations require the assent of the governor.
 The district and regional councils are empowered to assess and
collect land revenue and to impose certain specified taxes.
 The power to apply laws lies either with the president or governor.
Thus, in the case of Assam, it lies with the Governor, both in respect
of acts of Parliament or state legislature. In the case of Meghalaya,
Tripura and Mizoram, it lies with the president in respect of acts of
Parliament and governor in respect of acts of state legislature.
 The governor - appoint a commission to examine and report on any
matter.
 He may dissolve a district or regional council on the recommendation
of the commission.

CONSTITUTIONAL BODIES

1. ELECTION COMMISSION

 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.
 Parliament may by law fix, till parliament doesn’t do so
President do so.
 The appointment – made by the president.
 NOTE- SEC is appointed by governor
  The president may also appoint regional commissioners after
consultation with the election commission.
 The conditions of service and tenure of office of the election
commissioners and the regional commissioners shall be
determined by the president
 On 16 October 1989, the president appointed two more election
commissioners to cope with the increased work of the election
commission on account of lowering age of the voting age from 21
to 18 years.
 Again in October 1993, the president appointed two more ECs,
since functioning as a multi-member body.
 Term of six years or until they attain the age of 65 years
 The chief election commissioner is provided with the security of
tenure. He cannot be removed from his office except in same
manner and on the same grounds as a judge of the Supreme
Court.
 Any other election commissioner or a regional commissioner
cannot be removed from office except on the recommendation
of the chief election commissioner.

2. Union Public Service Commission

 The UPSC consists of a chairman and other members appointed by

president of India.
 The Constitution, without specifying the strength of the Commission
has left the matter to the discretion of the president, who determines
its composition
 No qualifications are prescribed for the Commission’s membership
except that half of the members should be such persons who have held
office for at least ten years either under the Government of India or
under the government of a state.
 The Constitution also authorizes the president to determine the
conditions of service of the chairman another members of the
 The chairman and members hold office for term of six years or until age
of 65 years
 Address their resignation to the president.
  Can also be removed by the president as provided in the Constitution-
1. If he is adjudged an insolvent
2. If he engages in any paid employment outside the duties of his office;
3. If he is, in the opinion of the president, unfit to continue in office by
reason of infirmity of mind or body.
The president can also remove the chairman or any other member of
UPSC for misbehavior.
 The president has to refer the matter to the Supreme Court for an
enquiry. If the Supreme Court, after the enquiry, upholds the cause of
removal and advises so, the president can remove the advice tendered by
the Supreme Court in this regard is binding on the president. During the
course of enquiry by the Supreme Court, the president can suspend the
chairman or the member.
 Salaries, allowances charged upon CFI
 No further employment. However member can be made chairman or
chairman of SPSC can be made member of UPSC. Not in case of CEC
 UPSC need not to be consulted for making any reservations.

3. State Public Service Commission

 Appointed by the governor

 No qualifications except that one-half of the members of the
commission should have held office for at least ten years either under
the GOI or State Govt.
 The Constitution authorises the governor to determine the conditions.
 Hold office for a term of six years or until the age of 62 years 65 IN UPSC.
 Removal – same as UPSC members (SC recommends)
 The chairman and members of a SPSC are appointed by the governor,
they can be removed only by the president.
 Salaries, allowances charged upon CF of STATE
 No further employment. However member can be made chairman or
chairman of SPSC can be made member of UPSC.

 Joint Public Service Commission

  JSPSC can be created by an act of Parliament on the request of the
state legislatures concerned. Thus, a JSPSC is a statutory and not a
constitutional body.
 The chairman and members of a JSPSC are appointed by the president.
hold office for a term of six years or until age of 62 year
 Can also be removed by the president

4. Finance Commission

 Article 280 of the Constitution of India provides for a Finance Commission

as a quasi-judicial body. It is constituted by the president of India every
fifth year or at such earlier time as he considers.
 The Finance Commission consists of a chairman and four other
members to be appointed by the president.
 They hold office for such period as specified by the president in his
order necessary.
 The Constitution authorises the Parliament to determine the
qualifications.
 The chairman should be a person having experience in public affairs
 Four other members should be selected from amongst –
a. A judge of high court or qualified to be appointed.
b. A person who has specialised knowledge of finance and accounts of
the government.
c. A person who has wide experience in financial matters and in
administration.
d. A person who has special knowledge of economics

 They are eligible for reappointment.

 Recommendations are advisory

5. National Commission for Scheduled Castes (SCs)

 It consists of a chairperson, a vice-chairperson and three other

members. They are appointed by the President.
 Conditions of service and tenure by the President-Term of 3 yrs.
 Art 338(9) The Central government and the state governments are
required to consult the Commission on all major policy matters
affecting the SCs.
  89th Constitutional Amendment Act of 2003 bifurcated the
combined National Commission for SCs and STs into two separate
bodies, namely, National Commission for Scheduled Castes (under
Article 338) and National Commission for Scheduled Tribes (under
Article 338-A).

6. National Commission for Scheduled Tribes (STs)

 Art 338 (A)

 Rest provisions same as NCSC

7. National Commission for BC

 102nd Amendment Act of 2018 conferred a constitutional status on

the Commission
 inserted a new Article 338-B in the constitution
 Rest provisions same as NCSC

8. SPECIAL OFFICER FOR LINGUISTIC MINORITIES

 The Commissioner has his headquarters at Allahabad (Uttar

Pradesh). He has three regional offices at Belgaum (Karnataka),
Chennai (Tamil Nadu) and Kolkata (West Bengal). Each is headed
by an Assistant Commissioner
 States Reorganisation Commission (1953–55) made a
Recommendation.
 The 7TH Constitutional Amendment Act of 1956 inserted a new
Article 350- B in Part XVII of the Consti-tution2.
This article contains the following provisions:
 There should be a Special Officer for Linguistic Minorities. He is
to be appointed by the President of India.
 It would be the duty of the Special Officer to investigate all matters
relating to the safeguards provided for linguistic minorities under the
Constitution
  Constitution does not specify the qualifications, tenure, salaries
and allowances, service conditions and procedure for removal of
the Special Officer for Linguistic Minorities.

9. CAG

 Dr. B.R. Ambedkar said that the CAG shall be the most important
Officer under the Constitution of India
 (Article 148) provides for an independent office of CAG
 Appointed by the president
 holds office for a period of six years or upto the age of 65 years
 He can resign addressing the resignation letter to the president
 Removed by the president on same grounds and in the same manner
as a judge of the Supreme Court.
 He can be removed by the president on the basis of a resolution
passed to that effect by both the Houses of Parliament with special
majority, either on the ground of proved misbehavior or incapacity.
 He is not eligible for further office
 Salary and other service conditions are determined by the
Parliament

10. A.G.

 The Attorney General (AG) is appointed by the president.

 He must be a person who is qualified to be appointed a judge of
the Supreme Court
 In other words, he must be a citizen of India and he must have been
a judge of some high court for five years or an advocate of some
high court for ten years or an eminent jurist, in the opinion of the
president.
 The term of office of the AG is not fixed by the Constitution
 Constitution does not contain the procedure and grounds for his
removal. He holds office during the pleasure of the president
 He is not debarred from private legal practice.

11. Advocate General

  The advocate general is appointed by the governor
 He must be person who is qualified to be appointed a judge of a high
court.
 Another words, he must be a citizen of India and must have held
judicial office for ten years or been an advocate of a high court for
ten years

NON CONSTITUTIONAL BODIES

NITI AAYOG

 Chairperson: The Prime Minister of India

 Governing Council: 1. CM of all the States,
2. CM of UTs with Legislatures (D, P, J&K)
3. Governors of other Union Territories.
 Vice-Chairperson: appointed by the PM, rank of a Cabinet Minister
 Full-time Members: They enjoy the rank of a Minister of State
 Part-time Members: Maximum of 2
 Ex-Officio Members: Maximum of 4 members of the Union COM
nominated by the Prime Minister

National Human Rights Commission

 NHRC - a statutory body

 Established in 1993 under a legislation enacted by the Parliament, the
Protection of Human Rights Act, 1993
 Chairperson – Retired CJI or a judge of SC and five members.
 Members - serving or retired judge of the Supreme Court, a serving
or retired chief justice of a high court and three persons (at least one
 should be a woman) having knowledge or practical experience with
respect to human rights.
 7 ex-officio members– the chairpersons of the National Commission
for Minorities, the NCSCs, the NCSTs, the NCW, the NCBCs and the
NCPCR and the Chief Commissioner for Persons with Disabilities.
 appointed by the president
 on recommendations of a six-member committee -
1. PM 2. Speaker of LS 3. Dy Chairman,RS 4. LOP of both houses
6. Home Minister
 A sitting judge of the Supreme Court or a sitting chief justice of a high
court can be appointed only after consultation with the CJI
 term of three years or until age of 70 years
 They are eligible for re-appointment. Chairperson and members are
not eligible for further employment under the Central or a state
government.
 Removal like members of UPSC
 The salaries, allowances are determined by the Central government

Protection of Human Rights (Amendment) Act, 2019

1. Judge of SC eligible for chairperson, HC for SHRC chairperson

2. Increased no. of members from 2 to 3 ( Special knowledge wale)
3. Made chairperson of NCBC and CCPD as ex- officio members
4. Reduced the term from 5 to 3

CIC

 Constituted through an Official Notification of the RTI (2005)

 Chief Information Commissioner and not more than ten Information
Commissioners
 Appointed by the President
 On the recommendation of a committee -
 Prime Minister as Chairperson 2. LOP, LS 3. Union Cabinet Minister
nominated by the Prime Minister
  Hold office for term prescribed by Central Government or age of 65
years
 Removal like UPSC
 Salary, allowances prescribed by the Central Government

Right to Information (Amendment) Act, 2019

 Hold office for term prescribed by the Central Government, earlier

fixed for 5 years ( Both for central and state ICs)
 Salary, allowances - prescribed by Central Government. Earlier the
salary, were similar to CEC and that of an IC, EC. (For Both)
 It removed the provisions regarding deductions in salary due to
pension or any other retirement benefits received by them

CVC

 Established in 1964 by an executive resolution of the Central

government. Recommended by Santhanam Committee on Prevention
of Corruption (1962–64).
 In 2003, the Parliament enacted a law conferring statutory status on
the CVC
 Multi-member body consisting of a Central Vigilance Commissioner
(chairperson) and not more than two vigilance commissioners.
 Appointed by the president
 Recommendation of a three member committee :
 PM as its head 2. Union MHA 3. LOP, LS
 term of four years or until they attain the age of 65 years
 Not eligible for further employment under Union or State govt.
 Removal like UPSC
 The salary, allowances are similar to Chairman and members of UPSC

Central Bureau of Investigation (CBI)

 Set up in 1963 by a resolution of MHA. Later, transferred to the

Ministry of Personnel and now enjoys the status of an Attached office
 Recommended by the Santhanam Committee
  The CBI is not a statutory body. It derives its powers from the Delhi
Special Police Establishment Act, 1946.
 Also provides assistance to the CVC and Lokpal
 Headed by a Director. He is assisted by a special director or an
additional director
 Director - provided security of two-year tenure in office by CVC Act,
2003
 By Lokpal and Lokayukta Act
1. Central Government - appoint the Director of CBI
Recommendation of a three-member committee
PM as Chairperson, 2. LOP, LS and CJI or any Judge appointed
2. Directorate of prosecution headed by a Director for conducting the
prosecution of cases under Lokpal and Lokayuktas Act, 2013.
The Director of Prosecution shall be an officer not below the rank of Joint
Secretary to the Government of India. Term – 2 Yrs.

Lokpal

 The institution of Ombudsman was first created in Sweden in 1809

 Lokpal and Lokayuktas Act (2013) seeks to establish the institution of the
Lokpal at the Centre and the Lokayukta at the level of the State
 Chairperson with max. 8 members of which 50% shall be judicial
members.
 50% of members of Lokpal - SCs, the STs, the OBCs, minorities and women
 Selection Committee – 1. PM, 2.Speaker LS, 3.LOP LS, 4.CJI or a Sitting
SC Judge nominated by the CJI 5. An eminent jurist (nominated by the
President of India on the basis of recommendations of the first four
members)
 Search Committee will assist the Selection Committee. 50% of the
members of the Search Committee shall also be from amongst the SCs, the
STs, the OBCs, minorities and women.
 Prime Minister - brought under the purview of Lokpal with subject matter
exclusions and specific process for handling complaints against the Prime
Minister.
 Cover all categories of public servants, including Group A, Group B,
Group C, and Group D officers and employees of Government
 On complaints referred to the CVC by the Lokpal, the CVC will send its
report of preliminary enquiry in respect of Group A and Group B Officers
back to the Lokpal for further decision.
 With respect to categories of employees from Group C and Group D, the
CVC will proceed further in exercise of its own powers under the CVC Act
subject to reporting and review by the Lokpal.
 Clear timelines for preliminary enquiry 3 months (extendable by 3
months).
 For investigation, it is six months extended by six months at a time.
 For trial, it is one year extendable by one year
 To achieve this special courts to be set up.
 The institution of Lokayukta was established first in Maharashtra in 1971.
Although Odisha had passed the Act in this regard in 1970