Constitutional Bodies in India: Detailed Analysis for UPSC Preparation

What are Constitutional Bodies?

Constitutional Bodies are institutions established by the Constitution of India. Their formation, powers, and functions are derived from the Constitution, and any alteration requires a constitutional amendment. These bodies are crucial in maintaining law and order, administering public services, and ensuring democratic processes.

List of Constitutional Bodies in India

1.     Election Commission of India

2.     Union Public Service Commission

3.     State Public Service Commission

4.     Finance Commission

5.     Goods and Services Tax Council

6.     National Commission for SCs

7.     National Commission for STs

8.     National Commission for BCs

9.     Comptroller and Auditor General of India

10.                        Attorney General of India

Detailed Analysis of Each Constitutional Body

1. Election Commission of India

• Article: 324
• Composition: Chief Election Commissioner and other Election Commissioners, appointed by the President.
• Tenure and Removal: 6 years or until 65 years of age. Removal similar to that of a Supreme Court judge.
• Powers and Functions:
• Conducts free and fair elections in India.
• Delimitation of constituencies.
• Advises the President and Governors on matters related to disqualification of members.
• Can cancel polls if malpractices are detected.

2. Union Public Service Commission (UPSC)

• Articles: 315-323 (Part XIV)
• Composition: Chairman and members appointed by the President.
• Tenure and Removal: 6 years or until 65 years of age.
• Powers and Functions:
• Conducts examinations for appointment to the services of the Union.
• Assists in framing and operating joint recruitment for positions requiring special qualifications.
• Advises on recruitment methods for civil services.

3. State Public Service Commission (SPSC)

• Articles: 315-323 (Part XIV)
• Composition: Chairman and members appointed by the Governor.
• Tenure and Removal: 6 years or until 62 years of age.
• Powers and Functions:
• Conducts exams for state-level civil services.
• Advises state governments on recruitment methods.

4. Finance Commission

• Article: 280
• Composition: Chairman and four other members appointed by the President.
• Powers and Functions:
• Distributes net proceeds of taxes between the Centre and States.
• Determines financial relations between the Centre and States.
• Functions similar to a civil court.

5. Goods and Services Tax (GST) Council

• Article: 279A
• Composition: Union Finance Minister (Chairperson), Union Minister of State for Finance, and Finance/Taxation Ministers of States.
• Powers and Functions:
• Recommends GST rates and exemptions.
• Advises on special GST provisions for specific goods and services.
• Decides on the inclusion of new items under GST.

6. National Commission for Scheduled Castes (NCSC)

• Article: 338
• Composition: Chairman, Vice-Chairman, and three other members.
• Powers and Functions:
• Investigates and monitors safeguards for SCs.
• Addresses specific complaints regarding rights violations.
• Participates in planning for socio-economic development of SCs.

7. National Commission for Scheduled Tribes (NCST)

• Article: 338A
• Composition: Chairman, Vice-Chairman, and three other members.
• Powers and Functions:
• Investigates and monitors safeguards for STs.
• Addresses specific complaints regarding rights violations.
• Participates in planning for socio-economic development of STs.

8. National Commission for Backward Classes (NCBC)

• Article: 338B
• Composition: Chairman, Vice-Chairman, and three other members appointed by the President.
• Powers and Functions:
• Investigates and monitors safeguards for OBCs.
• Addresses specific complaints regarding rights violations.
• Advises on socio-economic development of OBCs.

9. Comptroller and Auditor General of India (CAG)

• Article: 148
• Tenure and Removal: 6 years or until 65 years of age. Removal similar to that of a Supreme Court judge.
• Powers and Functions:
• Audits all receipts and expenditure of the Government of India and the State Governments.
• Manages the Consolidated Fund, Contingency Fund, and Public Accounts.
• Ensures transparency and accountability in public finances.

10. Attorney General of India

• Article: 76
• Tenure and Removal: Appointed by the President; no fixed tenure.
• Powers and Functions:
• Chief legal advisor to the Government of India.
• Represents the government in all legal matters.
• Performs duties assigned by the President.

Landmark Supreme Court Judgments and Relevant Statutory Laws

Election Commission of India

• Judgment: S.S. Dhanoa vs. Union of India (1991) – Ensured the independence of the Election Commission.
• Statutory Law: Representation of the People Act, 1951

UPSC

• Judgment: T.N. Seshan vs. Union of India (1995) – Reaffirmed the independence and constitutional status of UPSC.
• Statutory Law: Union Public Service Commission (Members) Regulations, 1969

Finance Commission

• Judgment: P. Sambamurthy vs. State of Andhra Pradesh (1986) – Highlighted the financial independence of the Finance Commission.

Comptroller and Auditor General of India

• Judgment: Subramanian Swamy vs. Union of India (2014) – Upheld the role of CAG in ensuring transparency in public finance.
• Statutory Law: Comptroller and Auditor General's (Duties, Powers, and Conditions of Service) Act, 1971

Relevant Articles and Case Laws

• Articles: 315-323, 324, 148, 280, 279A, 338, 338A, 338B, 76
• Case Laws:
• S.S. Dhanoa vs. Union of India (1991)
• T.N. Seshan vs. Union of India (1995)
• P. Sambamurthy vs. State of Andhra Pradesh (1986)
• Subramanian Swamy vs. Union of India (2014)

Key Points to Remember

• Constitutional Bodies are established by the Constitution and can only be altered through constitutional amendments.
• They ensure the maintenance of law and order, democratic processes, and public services.
• UPSC aspirants should have in-depth knowledge of the functions, powers, and relevant articles of these bodies.

Sample MCQs for UPSC Exam Preparation

1.     The Chief Election Commissioner of India can be removed from office by whom?

·         [A] Both Houses of Parliament

·         [B] Union Council of Ministers

·         [C] President of India

·         [D] Both [A] and [C]

·         Answer: [D] Both [A] and [C]

·         Explanation: The Chief Election Commissioner can be removed from office in a manner similar to a judge of the Supreme Court, which involves both Houses of Parliament and the President.

2.     How many whole-time members are there in the National Human Rights Commission (NHRC)?

·         [A] 5 Members

·         [B] 6 Members

·         [C] 7 Members

·         [D] 8 Members

·         Answer: [A] 5 Members

·         Explanation: NHRC consists of a Chairperson, four full-time members, and other ex-officio members.

3.     Who was the first Chief Election Commissioner of India?

·         [A] Sukumar Sen

·         [B] K.V.K Sundaram

·         [C] M. Patanjali Sastri

·         [D] S.P Sen Verma

·         Answer: [A] Sukumar Sen

·         Explanation: Sukumar Sen served as the first Chief Election Commissioner of India from 1950 to 1958.

4.     When was the National Commission for Scheduled Castes established?

·         [A] 2004

·         [B] 2005

·         [C] 2006

·         [D] 2007

·         Answer: [A] 2004

·         Explanation: The NCSC was established in 2004 by amending Article 338.

5.     Which Article of the Indian Constitution deals with the Finance Commission?

·         [A] Article 324

·         [B] Article 280

·         [C] Article 148

·         [D] Article 76

·         Answer: [B] Article 280

·         Explanation: Article 280 of the Indian Constitution provides for the establishment of the Finance Commission.

6.     The Attorney General of India holds office during the pleasure of the:

·         [A] Prime Minister

·         [B] Chief Justice of India

·         [C] President

·         [D] Parliament

·         Answer: [C] President

·         Explanation: The Attorney General holds office during the pleasure of the President, as per Article 76.

7.     Which Constitutional body is responsible for auditing government expenditure?

·         [A] UPSC

·         [B] Finance Commission

·         [C] CAG

·         [D] Election Commission

·         Answer: [C] CAG

·         Explanation: The Comptroller and Auditor General (CAG) audits government expenditure and ensures financial accountability.

8.     The GST Council was formed under which Constitutional Amendment Act?

·         [A] 100th Amendment Act

·         [B] 101st Amendment Act

·         [C] 102nd Amendment Act

·         [D] 103rd Amendment Act

·         Answer: [B] 101st Amendment Act

·         Explanation: The GST Council was established under the 101st Constitutional Amendment Act, 2016.

9.     Which Article deals with the establishment of the State Public Service Commission?

·         [A] Article 324

·         [B] Article 315

·         [C] Article 280

·         [D] Article 76

·         Answer: [B] Article 315

·         Explanation: Article 315 of the Indian Constitution provides for the establishment of the State Public Service Commission.

10.                        The National Commission for Backward Classes (NCBC) was established under which Article?

·         [A] Article 338

·         [B] Article 338A

·         [C] Article 338B

·         [D] Article 350

·         Answer: [C] Article 338B

·         Explanation: The National Commission for Backward Classes was established under Article 338B.

This structured format provides a comprehensive overview of the constitutional bodies, their articles, functions, and significance for UPSC aspirants.