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    Important Constitutional Bodies of India

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    SSC > SSC CGL > General Awareness > Article

    SSC Polity Study Notes: Important Constitutional Bodies of India


    439 upvotes 33 comments Jan 18, 2018 - 0:44

    Important Constitutional Bodies

    A constitutional body or an institution is the one which is specifically mentioned in the


    text of the constitution either originally or by virtue of some amendment, whereas a
    non-constitutional body is the one which isn’t mentioned in the text of the constitution.

    ELECTION COMMISSION

    1. Article 324 of the Constitution mentions about the election commission


    mentioned in part XV.
    2. The institution of Election Commission presently consists of the chief election
    commissioner and two other election commissioners, appointed by the President.
    3. They hold office for a term of six years. The age of retirement is 65 years,
    whichever comes earlier.
    4. The first election commissioner of India was Sukumar Sen.

    UNION PUBLIC SERVICE COMMISSION

    1. Mentioned under articles 315 to 323 in Part XIV of the Constitution (Article 315
    mentions about the public service commission for the union and the states).
    2. The UPSC consists of a chairman and other members appointed by the president
    of India.
    3. The term is of six years or the retirement age is 65 years, whichever is earlier.
    4. The chairman of UPSC (on ceasing to hold office) is not eligible for further
    employment in the Government of India or a state.

    STATE PUBLIC SERVICE COMMISSION

    1. A State Public Service Commission consists of a chairman and other members


    appointed by the governor of the state.
    2. The term of office is 6 years or retirement age is 62 years, whichever is attained
    earlier. They offer their respective resignations to the governor.
    3. The chairman and members can be removed only by the President, though they’re
    appointed by the Governor. The ground for removal is same as that of a chairman
    or a member of the UPSC.
    4. NOTE – There is a provision for the establishment of a Joint Public Service
    Commission (JPSC) for two or more states under the constitution.
    5. A JPSC is/can be created by an act of parliament on the request of the respective
    states, unlike UPSC and SPSC which are constitutional bodies. Hence, a JPSC is a
    statutory body not a constitutional one.
    6. The chairman and members of a JSPSC are appointed by the president. The term
    of office is again six years or the age of retirement is 62 years, whichever comes
    earlier.

    FINANCE COMMISSION

    1. Article 280 of the Constitution of India provides for a Finance Commission. It is


    constituted by the president of India every fifth year or at such earlier time as he
    considers necessary.
    2. 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. They are eligible for reappointment.
    3. It is majorly an advisory body though and it advises on the distribution of net
    proceeds of taxes to be shared between the centre and the states and the
    allocation between the states the respective shares of such proceeds.
    4. The Chairman of the first finance commission was K.C Neogi and presently it is
    the 14 th F.C whose chairman is Y.V Reddy.

    NATIONAL COMMISSION FOR SCs

    Mentioned in the Article 338 of the Constitution of India.

    NATIONAL COMMISSION FOR STs

    Mentioned in the Article 338-A of the Constitution of India.

    SPECIAL OFFICER FOR LINGUISTIC MINORITIES

    It is mentioned in 350-B in Part XVII of the Constitution.

    COMPTROLLER and AUDITOR GENERAL of INDIA


    1. The Constitution of India (Article 148) provides for an independent office of the
    Comptroller and Auditor General of India (CAG).
    2. He is the head of the Indian Audit and Accounts Department.
    3. He is the guardian of the public purse and controls the entire financial system of
    the country at both the levels—the Centre and the state.
    4. This is the reason why Dr B R Ambedkar said that the CAG shall be the most
    important Officer under the Constitution of India.
    5. The CAG is appointed by the president of India by a warrant under his hand and
    seal.
    6. He holds office for a period of six years or up to the age of 65 years, whichever is
    earlier.
    7. He can be removed by the President either on the grounds of proven misbehaviour
    or incapacity. The method of removal is same as that of a judge of the Supreme
    Court.
    8. He is not entitled to hold any further employment after he retires or is removed,
    either at the centre or at the state government level.
    9. The administrative expenses of the office of the CAG, including all salaries,
    allowances and pensions of persons serving in that office are charged upon the
    Consolidated Fund of India. Thus, they are not subject to the vote of Parliament.
    10. He audits the accounts related to all expenditure from the Consolidated Fund of
    India, consolidated fund of each state and consolidated fund of each union
    territory having a Legislative Assembly.
    11. He audits all expenditure from the Contingency Fund of India and the Public
    Account of India as well as the contingency fund of each state and the public
    account of each state.
    12. He submits his audit reports relating to the accounts of the Centre to President,
    who shall, in turn, place them before both the Houses of Parliament (Article 151).
    13. He submits his audit reports relating to the accounts of a state to the governor,
    who shall, in turn, place them before the state legislature (Article 151).
    14. The President lays the reports submitted by CAG before both the Houses of
    Parliament. The Public Accounts Committee then scrutinizes them and reports the
    findings to the Parliament.

    ATTORNEY GENERAL OF INDIA

    1. Mentioned in the Article 76 of the Constitution of India.


    2. Titled as the highest law officer in the country.
    3. Appointed by the President.
    4. An AGI is one who is qualified to be appointed a judge of the Supreme Court.
    5. The term is not fixed and he holds office during the pleasure of the President.
    6. In the performance of his official duties, the Attorney General has the right of
    audience in all courts in the territory of India. Further, he has the right to speak
    and to take part in the proceedings of both the Houses of Parliament or their joint
    sitting and any committee of the Parliament of which he may be named a member,
    but without a right to vote. He enjoys all the privileges and immunities that are
    available to a Member of Parliament.
    7. NOTE- In addition to the AG, there are other law officers of the Government of
    India. They are the solicitor general of India and additional solicitor general of
    India. They assist the AG in the fulfilment of his official responsibilities. It should
    be noted here that only the office of the AG is created by the Constitution. In other
    words, Article 76 does not mention about the solicitor general and additional
    solicitor general.
    8. The first and the longest serving AGI of India was Motilal Chimanlal Setalvad.

    ADVOCATE GENERAL OF THE STATE

    1. The Constitution (Article 165) has provided for the office of the advocate general
    for the states. He is the highest law officer in the state. Thus he corresponds to
    the Attorney General of India.
    2. The advocate general is appointed by the governor. He must be a person who is
    qualified to be appointed a judge of a high court.

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