Master10
Government Institutions & Commissions Module

Constitutional Bodies of India

Constitutional bodies derive their powers, mandates, and operational autonomy directly from explicit articles in the Constitution of India. The Election Commission of India (Article 324) superintends, directs, and conducts elections to Parliament, State Legislatures, and the offices of President and Vice President. The Comptroller and Auditor General of India (Article 148) audits public revenue and expenditure as the custodian of the public purse. The Union Public Service Commission (Articles 315-323) conducts recruitment examinations for All India and Central Services. Furthermore, the Finance Commission (Article 280), constituted every five years by the President, recommends vertical and horizontal sharing of net tax proceeds.

Key Concepts & Examination Highlights

  • The Election Commission of India (ECI) is established under Article 324 of the Constitution; since 1993, it has functioned as a multi-member body consisting of the Chief Election Commissioner and two Election Commissioners.
  • The Comptroller and Auditor General (CAG) is mandated under Article 148; reports submitted by the CAG under Article 151 are examined by the Public Accounts Committee (PAC) of Parliament.
  • The Finance Commission is constituted by the President under Article 280 every fifth year to recommend the devolution of central taxes to state governments.
  • The Union Public Service Commission (UPSC) is constituted under Article 315; members are appointed by the President and hold office for a 6-year term or until age 65 under Article 316.
  • The CAG is appointed by the President by warrant under his hand and seal under Article 148 and can only be removed in like manner and on like grounds as a Supreme Court judge.
  • Under Article 320, the UPSC must be consulted on matters relating to methods of recruitment, civil service discipline, and inter-service transfers.
  • The National Commission for Scheduled Tribes (NCST) operates under Article 338A and investigates all matters relating to constitutional safeguards for Scheduled Tribes.
  • The Advocate General for the State is appointed by the Governor under Article 165 as the highest law officer in the state government.
  • The First Finance Commission of India was established in 1951 under the chairmanship of K.C. Neogy.
  • The Chief Election Commissioner cannot be removed from office except in like manner and on the like grounds as a Judge of the Supreme Court under Article 324(5).
  • Under Article 279A, the Goods and Services Tax (GST) Council was created as a constitutional body by the 101st Constitutional Amendment Act of 2016, chaired by the Union Finance Minister.
  • The Chief Election Commissioner and Election Commissioners serve a tenure of six years or until attaining the age of 65 years, whichever is earlier.
  • The Constitution of India does not prescribe specific legal, educational, administrative, or judicial qualifications for the appointment of Election Commissioners.
  • The expenses, salaries, and pensions of the Chairman and members of the UPSC are charged directly upon the Consolidated Fund of India under Article 322.
  • A member of the UPSC on retirement is eligible for appointment as Chairman of UPSC or a State PSC, but not for any other employment under the Government of India or a State.
  • The Comptroller and Auditor General is ineligible for any further office either under the Government of India or the Government of any State after ceasing to hold office (Article 148(4)).
  • The CAG acts as a 'guide, friend, and philosopher' to the Public Accounts Committee of Parliament during the examination of audit reports.
  • The Finance Commission recommendations are advisory in nature, though conventionally accepted by the Union Government.
  • The Fifteenth Finance Commission utilized 2011 Census population data (15% weight) alongside demographic performance (12.5% weight) and income distance (45% weight) in its devolution formula.
  • The National Commission for Scheduled Castes presents an annual report to the President regarding the implementation of constitutional safeguards for SCs and Anglo-Indians.
  • The National Commission for Scheduled Tribes was carved out from the composite National Commission by the 89th Constitutional Amendment Act, 2003.
  • The 102nd Constitutional Amendment Act, 2018, vested the National Commission for Backward Classes (NCBC) with the power to examine complaints of deprivation of rights of socially and educationally backward classes.
  • The Attorney General for India has the right of audience in all courts in the territory of India and the right to participate in parliamentary proceedings without the right to vote (Article 88).
  • The Advocate General for a State is entitled to speak in and participate in the proceedings of the State Legislature under Article 177, but possesses no right to vote.
  • The GST Council functions on a weighted voting mechanism where the Central Government holds one-third of the total votes cast and all State Governments combined hold two-thirds.
  • The Election Commission of India operates under Article 324, with its administrative expenditures charged upon the Consolidated Fund of India.
  • The Model Code of Conduct (MCC) is an operational guideline enforced by the Election Commission of India from the date election schedules are announced until the completion of counting.
  • Article 325 mandates that no person shall be ineligible for inclusion in electoral rolls on grounds only of religion, race, caste, or sex.
  • Article 326 provides that elections to the House of the People and State Legislative Assemblies shall be on the basis of adult suffrage for citizens aged 18 years and above.
  • The voting age in India was lowered from 21 to 18 years by the 61st Constitutional Amendment Act of 1988, coming into force in March 1989.
  • The Union Public Service Commission traces its origins to the Public Service Commission set up on October 1, 1926, based on the recommendations of the Lee Commission (1924).
  • Under Article 320, the UPSC is consulted on all matters relating to methods of recruitment to civil services, principles in making appointments, promotions, and disciplinary cases.
  • Article 322 specifies that the expenses of the UPSC, including salaries, allowances, and pensions of its members, are charged directly upon the Consolidated Fund of India.
  • State Public Service Commissions (SPSCs) are established under Article 315, with members appointed by the Governor but removable only by the President under Article 317.
  • Under Article 315(2), two or more states may agree to have a Joint State Public Service Commission (JSPSC), created by an Act of Parliament.
  • The Comptroller and Auditor General submits three audit reports to the President: audit report on appropriation accounts, audit report on finance accounts, and audit report on public undertakings.
  • The CAG is described by Dr. B.R. Ambedkar as the most important officer under the Constitution of India, safeguarding public financial accountability.
  • The Finance Commission's recommendations are advisory in nature, though the Union Government conventionally accepts its tax sharing formulas and revenue grant allocations.
  • Article 280(3)(bb) and 280(3)(c), inserted by the 73rd and 74th Amendments, mandate the Central Finance Commission to recommend measures to augment the Consolidated Fund of a State to supplement local bodies.
  • The National Commission for Scheduled Castes investigates complaints regarding deprivation of rights and safeguards guaranteed to SCs under Article 338.
  • The National Commission for Scheduled Tribes was created as an independent constitutional body under Article 338A following the 89th Constitutional Amendment Act, 2003.
  • The National Commission for Backward Classes consists of a Chairperson, a Vice-Chairperson, and three other members appointed by the President under Article 338B.
  • Under Article 338B(7), the Central Government and every State Government must consult the NCBC on all major policy matters affecting socially and educationally backward classes.
  • The Special Officer for Linguistic Minorities submits annual reports to the President regarding the implementation of constitutional safeguards under Article 350B.
  • The Advocate General of a State has the right to speak and take part in the proceedings of the State Legislature under Article 177, but without the right to vote.
  • The Attorney General for India has the right to speak in both Houses of Parliament and any parliamentary committee of which he is named a member under Article 88, without voting rights.
  • The Delimitation Commission of India is a high-power statutory body constituted under the Delimitation Act to redraw territorial constituency boundaries based on recent census data.
  • Decisions of the Delimitation Commission have the force of law and cannot be called in question before any court under Article 329(a).
  • The Inter-State Council was established under Article 263 in 1990 by presidential order following the recommendations of the Sarkaria Commission.
  • The Goods and Services Tax (GST) Council, chaired by the Union Finance Minister, makes decisions by a three-fourths majority weighted vote (one-third Union, two-thirds States).
Curriculum & Reference Sources: Constitution of India (Articles 148, 280, 315, 324), Election Commission of India, and CAG of India.

Sample Solved Questions & Concept Explanations

8 Verified Concept Questions
Q1.EASY

Which Article of the Constitution of India mandates the establishment of the Comptroller and Auditor General (CAG) of India?

Q2.EASY

Which Article of the Constitution of India provides for the superintendence, direction, and control of elections by the Election Commission of India (ECI)?

Q3.EASY

Who was the first Chief Election Commissioner of independent India, serving from 1950 to 1958?

Q4.EASY

Which Article of the Constitution of India provides for the establishment of the Finance Commission by the President every five years?

Q5.EASY

Under Article 316 of the Constitution, what is the maximum age limit for the Chairman and members of the Union Public Service Commission (UPSC)?

Q6.EASY

Who is the highest law officer in India, appointed by the President under Article 76 of the Constitution?

Q7.EASY

Under Article 165 of the Constitution of India, who is appointed as the highest law officer for a State Government?

Q8.EASY

Who served as the Chairman of the First Finance Commission of India established in 1951?