A Brief about All Constitutional Bodies and Posts

Riya Upadhyay, a 5th-year law student from Kaji Najrul University has written this Article on “A Brief about All Constitutional Bodies and Posts”.

Election Commission

About

The Election Commission is a permanent and independent body established by the Constitution of India directly to ensure free and fair elections in the country.

Article

Article 324 of the Constitution provides that the power of superintendence, direction, and control of elections to parliament, state legislatures, the office of the president of India, as well as the office of the vice-president of India shall be vested in the election commission.

Composition of Election Commission of India

The constitution provides for the following provisions in relation to the composition of the election commission:

The election commission shall consist of the Chief Election Commissioner and a such number of other election commissioners, if any, as the president may from time to time fix.

Moreover, The appointment of the chief election commissioner and other election commissioners shall be made by the president.

When any other election commissioner is so appointed the chief election commissioner shall act as the chairman of the election commission.

The president may also appoint after consultation with the election commission such regional commissioners as he may consider necessary to assist the election commission.

The conditions of service and tenure of office of the election commissioners and the regional commissioners shall be such as the President may by rule.

Powers and functions of the Election Commission of India

Administrative:

The Commission has been given powers for determining the territorial areas of the electoral constituencies, preparing electoral rolls, notifying the dates and schedules of elections, granting recognition to political parties, allotting election symbols to parties, as well as to determining the code of conduct in times of elections.

Advisory:

ECI is empowered to advise the President and Governor on matters relating to the disqualifications of the members of Parliament and state legislature respectively.

To advise the president whether elections can be held in a state under the president’s rule in order to extend the period of emergency after one year.

Furthermore, It advises the High Courts and Supreme Court in matters related to post-election disputes between candidates and political parties.

Quasi-judicial:

It also acts as a court for settling disputes related to granting recognition to political parties and disputes arising out of the allotment of election symbols to them.

Comptroller and Auditor General of India

About

He is the head of the Indian Audit and Accounts Department and is one of the bulwarks of the democratic system of government in India. He is the guardian of the public purse and controls the entire financial system of the country at both levels–the Centre and the State. Furthermore, His duty is to uphold the Constitution and the laws of Parliament in the field of financial administration.

Article

The Constitution of India (Article 148) provides for an independent office of the Comptroller and Auditor General of India (CAG)

Appointment, Term & Removal

The CAG is appointed by the President of India by a warrant under his hand and seal.

He holds office for a period of six years or up to the age of 65 years, whichever is earlier.

Moreover, He can resign at any time from his office by addressing the resignation letter to the president. He can also be removed by the president on the same grounds and in the same manner as a judge of the Supreme Court. In other words, he can be removed by the president on the basis of a resolution passed to that effect by both Houses of Parliament with a special majority, either on the ground of proven misbehavior or incapacity.

Duties of CAG

1. CAG audits the accounts related to all expenditures from the Consolidated Fund of India, the Consolidated Fund of each state, and UT has a legislative assembly.
2. CAG audits all expenditures from the Contingency Fund of India and the Public Account of India as well as the Contingency Fund and Public Account of each state.
3. CAG audits all trading, manufacturing, profit and loss accounts, balance sheets, as well as other subsidiary accounts kept by any department of the Central Government and the state governments.
4. CAG audits the receipts and expenditures of all bodies and authorities substantially financed from the Central or State revenues; government companies; other corporations and bodies, when so required by related laws.
5. He ascertains and certifies the net proceeds of any tax or duty and his certificate is final on the matter.

Goods and Service Tax Council

About

The Goods & Services Tax Council (GST Council) is a constitutional body for making recommendations to the Union and State Governments on issues related to Goods and Service Tax.

Article

The 101^st Amendment inserted a new Article 279-A in the Constitution of India. This article empowered the President to constitute a GST Council by order.

Composition of the Goods and Services Tax Council

The Union Finance Minister as the Chairperson

The Union Minister of State is in charge of Revenue or Finance.

The Minister in charge of Finance or Taxation or any other Minister nominated by each state government.

Furthermore, The members of the Council from the states have to choose one amongst themselves to be the Vice-Chairperson of the Council. They can also decide his term.

The Union Cabinet also decided to include the Chairperson of the Central Board of Excise and Customs (CBEC) as a permanent invitee (non-voting) to all proceedings of the Council.

Functions of the Goods and Services Tax Council

The Council is required to make recommendations to the center and the states on the following matters:

1. The taxes, cesses, and surcharges levied by the centre, the states, and the local bodies would be merged into GST.
2. The goods and services that may be subjected to GST or exempted from GST.
3. Model GST Laws, principles of levy, apportionment of GST levied on supplies in the course of inter-state trade or commerce, and the principles that govern the place of supply.
4. The threshold limit of turnover below which goods and services may be exempted from GST.
5. The rates include floor rates with bands of GST.
6. Any special rate or rates for a specified period to raise additional resources during any natural calamity or disaster.
7. Special provision with respect to the states of Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh, and Uttarakhand.
8. Any other matter relating to GST, as the Council may decide.

Union Public Service Commission

About

Union Public Service Commission also known as UPSC is an important organization responsible for conducting examinations and selecting candidates for various government services in India. It plays a vital role in recruiting and appointing civil servants at both the central and state levels. Moreover, The UPSC, established under the Constitution of India, is composed of experienced individuals who ensure a fair and transparent selection process for positions in the government. Furthermore, the Composition of UPSC ensures that the selection process is impartial, merit-based, and in accordance with the principles laid down by the Constitution.

Article

Under Part XIV of the Indian Constitution the Union Public Service Commission’s membership, appointment, and removal, as well as its authority and functions, are all covered under the same group of articles (315 to 323).

Composition of UPSC

The UPSC comprises a chairman and ten members. The President of India appoints the UPSC Chairman and other members. Each member holds office for a tenure of 6 years or till he becomes the age of 65 years.

Functions of UPSC

1. The UPSC conducts examinations for  All-India Services Central Services and Public Services for different Indian states and Union territory
2. It also helps the states in composing and implementing schemes of combined recruitment for any services requiring special qualifications.
3. The UPSC serves the Interests of the State at the demand of the Governor and with the consent of the President of India.
4. The UPSC shall be consulted in the matters of: Demands for compensation of legal express obtained by a civil servant in defending proceeding instituted against him; Matters relating to the interim appointments for a period exceeding one year; Matters of personnel management also.
5. The Union Public Service Commission makes suggestions that are advisory in nature. However, The recommendations from UPSC are not binding on the government.

State Public Service Commission

About

As per the Government of India Act, 1935, a state public service commission had to be established at the provincial level. Later, the Indian Constitution granted it a constitutional basis. The State Public Service Commission operates at the state level in parallel with the Union Public Service Commission at the centre.

Article

Under Part XIV of the Indian Constitution the State Public Service Commission’s membership, appointment, and removal, as well as its authority and functions, are all covered under the same group of articles (315 to 323).

Composition of the State Public Service Commission

A State Public Service Commission is made up of a chairman and other members chosen by the state governor.

The Constitution does not specify the strength of the Commission but has left the matter to the discretion of the Governor.

The Governor of State is empowered by the Constitution of India to determine the conditions of service of the Chairman and other members of the State Public Service Commission.

Function State Public Service Commission

The SPSC generally administers the civil services examination for appointing the services in the state. It is consulted on the following personnel management decisions:

1. Recruitment and selection process to the state civil service and civil posts.
2. Promotions as well as transfers of the officers from one service to another.
3. Disciplinary matters.

Role of State Public Service Commission

1. A “watchdog of the merit system” for the state is described as the SPSC in the Constitution.
2. It is in charge of hiring state employees and, if consulted, offers guidance to the government on issues involving promotion and disciplinary action.
3. In addition to having a limited role, SPSC only offers recommendations that are advisory in nature and are not legally enforceable by the government.
4. Such a suggestion must be approved or disapproved by the state administration.
5. The only safeguard is the state legislature’s authority to hold the government accountable if it deviates from the Commission’s recommendations.
6. Additionally, the government has the power to pass legislation that restricts the SPSC’s advisory duties.

Finance Commission

About

Finance Commission is a constitutional body for the purpose of allocation of certain revenue resources between the Union and the State Governments. It was established under Article 280 of the Indian Constitution by the Indian President. Finance Commission was created to define the financial relations between the Centre and the states. It was formed in 1951.

Article

FCs are constitutional bodies set up under Article 280 of the Constitution every five years to make recommendations on the distribution of financial resources between the Union and the states.

Composition of Finance Commission of India

Chairman: Heads the Commission and presides over the activities. He should have had public affairs experience.

Four Members.

The Parliament determines legally the qualifications of the members of the Commission and their selection methods.

Functions of the Finance Commission

The Finance Commission makes recommendations to the president of India on the following issues:

1. The net tax proceeds distribution is to be divided between the Centre and the states, and the allocation of the same between states.
2. The principles governing the grants-in-aid to the states by the Centre out of the consolidated fund of India.
3. The steps required to extend the consolidated fund of a state to boost the resources of the panchayats and the municipalities of the state on the basis of the recommendations made by the state Finance Commission.
4. Any other matter referred to it by the president in the interests of sound finance.
5. The Commission decides the basis for sharing the divisible taxes by the centre and the states and the principles that govern the grants-in-aid to the states every five years.
6. Any matter in the interest of sound finance may be referred to the Commission by the President.

Advisory Role of Finance Commission

The recommendations made by the Finance Commission are of an advisory nature only and therefore, not binding upon the government. Moreover, It is up to the Government to implement its recommendations on granting money to the states. To put it in other words, ‘It is nowhere laid down in the Constitution that the recommendations of the commission shall be binding upon the Government of India or that it would amount to a legal right favoring the recipient states to receive the money recommended to be provided to them by the Commission.

Comptroller and Auditor General of India

About

The Comptroller and Auditor General of India is the apex authority responsible for external and internal audits of the expenses of the National and state governments. It is popularly known as the CAG of India.

Article

The provisions regarding the Comptroller and Auditor General of India are mentioned in Articles 148-151 of the Constitution of India.

Powers of the Comptroller and Auditor General of India

Article 148 of the Constitution of India establishes the authority of this office. It states the following points in relation to the establishment and powers of CAG:

1. The Comptroller and Auditor General is appointed by the President of India and can be removed from office only in the manner and on the grounds that a Judge of the Supreme Court is removed.
2. The person appointed to this office should take an oath of office before the President or any other person appointed by the office of the President.
3. The salary, service conditions, leaves of absence, pension, and age of retirement are determined by the Parliament of India and specified in the Second Schedule such that the service conditions and salary will not be modified to the disadvantage of the incumbent during their tenure.
4. The CAG Is not eligible for any further office after the end of their tenure either in the Government of India or any State Government.

Duties of CAG

1. Article 149: Duties and Powers of the Comptroller and Auditor General: To perform such duties and exercise such powers in relation to accounts of the Union of India and the states and of any other bodies or authority, as may be prescribed by any law made by the Parliament.
2. Article 150: Form of Accounts of the Union of India and the States: To prescribe, with the approval of the President, the form in which the account of the Union and of the States are to be kept.
3. Article 151: CAG Reports: To report to the President or to the Governors of the States on the accounts of the Union or State. The constitution has also provided in Article 279(i) that the CAG has to ascertain and certify the net proceeds of any tax or duty mentioned in Chapter I of Part XII of the Constitution.

Advocate General of State

About

In India, an advocate general is a legal advisor to a state government. The post is created by the Constitution of India and corresponds to that of the Attorney General for India at the union government level. Furthermore, The Governor of each state shall appoint a person who is qualified to be appointed as judge of the High Court as the Advocate General.

Article

The Advocate General of State is known as the highest law officer of the state in India. Under Article 165 of the Indian Constitution, the Advocate General of State gets appointed. Moreover, this highest law officer gets appointed by the Governor of State. Furthermore, Article 165 and Article 177 of the Indian Constitution talk about the functions of the Advocate General of State.

Appointment and term of office of Advocate General of the state

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. In other words, he must be a citizen of India and must have held a judicial office for ten years or been an advocate of a high court for ten years.

The term of office of the advocate general is not fixed by the Constitution. Further, the Constitution does not contain the procedure and grounds for his removal, he holds office at the pleasure of the governor. This means that he may be removed by the governor at any time. He may also quit his office by submitting his resignation to the governor. Conventionally, he resigns when the government (council of ministers) resigns or is replaced, as he is appointed on its advice.

Power of Advocate General of State

As per Article 165 of the Indian Constitution:

For the post of Advocate General of State, every State Governor appoints a person qualified to be a judge of the high court. Moreover, The Government of the state handles any legal matter or any duties of legal character as per the advice of the Advocate General. However, This highest law officer can hold office at the pleasure of the Governor. Further, This authority can get remuneration based on what the Governor determines.

According to Article 177:

The Advocate General of State has the right to speak in the proceedings of the state’s legislative assembly. They can also participate in the proceedings of the legislature committee.

Functions or Duties of the Advocate General of State

1. The Governor appoints Advocate General to advise the Government of the State on any legal subject matter.
2. The Advocate General can also play the role and duties of any legal character that the Governor assigns them.
3. The Advocate General have the right to audience in any court of law of the state.
4. At the proceedings of both the houses of the state legislature or any committee of the state legislature, the Advocate General can take part as a member without the right to vote.
5. The Advocate General can defend the State Government in front of the High Court and Supreme Court.

President of India

About

The Indian President is the head of the state. He is the first citizen of India and is a symbol of solidarity, unity, and integrity of the nation. He is also a part of the Union Executive along with the Vice-President, Prime Minister, Council of Ministers, and Attorney-General of India.

Article

Article 52-62 of the Constitution of India deals with the provisions relating to The President of India.

Election of President

There is no direct election for the Indian President. An electoral college elects him. Further, The electoral college responsible for President’s elections comprises elected members of: Lok Sabha and Rajya Sabha, Legislative Assemblies of the states (Legislative Councils have no role), Legislative Assemblies of the Union Territories of Delhi and Puducherry.

Term of the President’s office

Once President is elected, he holds office for five years. He sits in the office even after the completion of five years given no new election has taken place or no new President has been elected till then. He can also be re-elected and there is no cap on his re-election.

Qualifications of the President

A candidate has to meet some qualifications to be elected as the president. Those qualifications of the President are:

• He should be an Indian Citizen,
• His age should be a minimum of 35 years,
• He should qualify the conditions to be elected as a member of the Lok Sabha,
• He should not hold any office of profit under the central government, state government, or any public authority.

Powers and functions of the President of India

Executive Powers of President:

1. For every executive action that the Indian government takes, is to be taken in his name.
2. He may/may not make rules to simplify the transaction of business of the central government.
3. He appoints the attorney general of India and determines his remuneration.
4. He appoints the following people:
5. Comptroller and Auditor General of India (CAG)
6. Chief Election Commissioner and other Election Commissioners
7. Chairman and members of the Union Public Service Commission
8. State Governors
9. Finance Commission of India chairman and members
10. He seeks administrative information from the Union government.
11. He requires the PM to submit, for consideration of the council of ministers, any matter on which a decision has been taken by a minister but, which has not been considered by the council.
12. He also appoints National Commissions of Scheduled Castes, Scheduled Tribes, and Other Backward Classes.
13. He appoints an inter-state council.
14. He appoints administrators of union territories.
15. Moreover, He can declare any area as a scheduled area and has powers with respect to the administration of scheduled areas and tribal areas.

Legislative Powers of the President:

1. He summons or prorogues Parliament and dissolve the Lok Sabha.
2. He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock.
3. He addresses the Indian Parliament at the commencement of the first session after every general election.
4. He appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy chairman of Rajya Sabha when the seats fall vacant .
5. He nominates 12 members of the Rajya Sabha.
6. He can nominate two members to the Lok Sabha from the Anglo-Indian Community.
7. He consults the Election Commission of India on questions of disqualifications of MPs.
8. He recommends/ permits the introduction of certain types of bills.
9. He promulgates ordinances.
10. He lays the following reports before the Parliament:
11. Comptroller and Auditor General
12. Union Public Service Commission
13. Finance Commission, etc.

Financial Powers of President:

1. To introduce the money bill, his prior recommendation is a must.
2. He causes Union Budget to be laid before the Parliament.
3. To make a demand for grants, his recommendation is a pre-requisite.
4. Contingency Fund of India is under his control.
5. He constitutes the Finance Commission every five years.

Judicial Powers of President:

1. Appointment of Chief Justice and Supreme Court/High Court Judges are on him.
2. He takes advice from the Supreme Court, however, the advice is not binding on him.
3. Under Article 72, he has been conferred with the power to grant pardon against punishment for an offense against union law, punishment by a martial court as well as a death sentence.

Diplomatic Powers of President:

1. International Treaties and agreements that are approved by the Parliament are negotiated and concluded in his name.
2. He is the representative of India in international forums and affairs.

Military Powers of President:

He is the commander of the defence forces of India. He appoints:

• Chief of the Army,
• Chief of the Navy,
• Chief of the Air Force.

Emergency Powers of President:

He deals with three types of emergencies given in the Indian Constitution:

• National Emergency (Article 352)
• President’s Rule (Article 356 & 365)
• Financial Emergency (Article 360)

Prime Minister of India

About

The Prime Minister of India is the leader of the democratically elected government in the country. It is mentioned in the Constitution that the executive powers of the President are to be exercised by the council of ministers. Along with serving as the president of India’s Council of Ministers, the prime minister also serves as his top advisor. Moreover, The Prime Minister (PM) must be a member of the political party or coalition that holds a majority in the Lok Sabha, one of India’s two houses of parliament.

Article

Article 75 of the Indian Constitution mentions that a Prime Minister is one who is appointed by the President.

Appointment of Prime Minister

The President of India appoints a person as the Prime Minister who is either the leader of the party which holds a majority of seats in the Lok Sabha or is a person who is able to win the confidence of the Lok Sabha by gaining the support of other political parties. However, All other ministers are appointed by the President on the advice of the Prime Minister.

President can also appoint Prime Minister at his own discretion but only when no party has a clear majority in the Lok Sabha.

Eligibility

To become an Indian prime minister one has to be

• A citizen of India.
• A member of either Rajya Sabha or Lok Sabha.
• He should have completed his 30 years if he is a member of the Rajya Sabha or can be 25 years of age if he is a member of the Lok Sabha.

Power and Function of Prime Minister

Prime Minister of India serves the country by following various functions. He performs his functions taking responsibilities as:

The leader of Country: The Prime Minister of India is the Head of the Government of India.

Portfolio allocation: The Prime Minister has the authority to assign portfolios to the Ministers.

Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet and presides the meetings of the Cabinet. He can impose his decision if there is a crucial opinion difference among the members.

Official Representative of the country: Prime minister represents the country for high-level international meetings.

The link between the President and the Cabinet: The Prime Minister acts as the link between President and cabinet. Moreover, He communicates all decisions of the Cabinet to the President which is related to the administration of the affairs of the Union and proposals for legislation.

Head: The Prime Minister is the head of Nuclear Command Authority, NITI Aayog, Appointments Committee of the Cabinet, Department of Atomic Energy, Department of Space and Ministry of Personnel, as well as of Public Grievances and Pensions.

Chief Advisor: He acts as the chief advisor to the President.

Member of Parliament (MPs)

About

MP in India stands for Members of Parliament. They are also known as directly and indirectly elected representatives of the country in the union government. Both the members of Lok Sabha and Rajya Sabha are called MPs or Members of Parliament.

Eligibility

• Must be a citizen of India.
• Must not be less than 25 years of age.
• Must be a sound person
• Must not be convicted by the court with imprisonment of two Or more years
• Must be a voter for any constituency in India.
• The candidate of a recognized political party needs one proposer from his/her constituency for his/her nomination.
• An Independent candidate needs ten proposers.
• Candidates are required to make a security deposit of ₹25,000

Term

The term of a member of parliament of Lok Sabha (dissolved) is five years from the date appointment for its first meeting. During a state of emergency, the term however can be extended by the Parliament of India by law for a period not exceeding one year at a time. Moreover, After the state of emergency ends, the extension cannot exceed beyond a period of six months.

In India, there are two Houses of the Parliament. These include:

The Rajya Sabha or the House of Elders

The Lok Sabha or the lower house of Parliament

Members of Parliament – Rajya Sabha

There can be a maximum of 250 members in the Rajya Sabha and currently, 245 members are a part of the Rajya Sabha, in which 12 members are appointed by the President who belong to different fields of Art and interest.

Given below are the duties and responsibilities of the members of Rajya Sabha:

• Passing laws
• Critically analysing the performance for the governing party
• To approve the expenditures proposed by the Government
• To bring forth the views of people from their constituencies
• Another special power includes making laws in terms of state or national level services

Members of Parliament – Lok Sabha

The maximum strength of Lok Sabha can be 552 of which 530 represent the States, 20 are Union Territories representatives and the remaining 2 are nominated by the President.

Currently, there are 545 representatives of which 530 are State representatives, 13 are Union Territories representatives and 2 President appointed members.

Given below are the duties and responsibilities of the members of Lok Sabha:

• To pass the laws in India for Lok Sabha
• Ensure that the Governing party performs its duties well
• To represent the views of people from their constituencies in front of the Lok Sabha
• To approve the revenues put forth by the Government

Member of Legislative Assembly (MLAs)

About

MLA in India stands for Members of Legislative Assembly. They are elected by the people. They then become members of the legislative assembly and also form the government.

Eligibility

The qualifications to become a member of the Legislative Assembly are largely similar to the qualifications to be a Member of Parliament.

• The person should be a citizen of India.
• Not less than 25 years of age[6] to be a member of the Legislative Assembly and not less than 30 years (as per Article 173 of Indian Constitution) to be a member of the Legislative Council.
• No person can become a member of the Legislative Assembly or the Legislative Council of any state unless the individual is a voter from any constituency of the state. Those who cannot become members of Parliament also cannot become members of the state legislature.
• The person should not be convicted of any offence and sentenced to imprisonment of 2 years or more.
• The person must be sound of mind.

Term

The term of the Legislative Assembly is five years. However, it may be dissolved earlier than that by the Governor at the request of the Chief Minister, when the Chief Minister has actual majority support in the Assembly. The Assembly may be dissolved earlier if no one can prove majority support and become Chief Minister. The term of the Legislative Assembly may be extended during an emergency, but not more than six months at a time. The Legislative Council is the upper house of the State.

Just like the Rajya Sabha, it is a permanent House. Moreover, The members of the state’s upper house are selected based on the strength of each party in the lower house and by state gubernatorial nomination. The term is six years, and a third of the members of the House retire after every two years. The upper house of a state assembly, unlike the upper house of the Parliament, can be abolished by the lower house, if it passes a specific law bill, which states to dissolve the upper house, and gets it attested in both houses of parliament and then signed by the president into law. Only Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh have their upper houses in existence with a six-year term. Furthermore, All other states have abolished the upper house by the above-mentioned method, as the upper house causes unnecessary problems, expenditures and issues.

Powers and functions of MLAs

• Members of the Legislative Assembly divide their time between their constituencies and their work in the Assembly. MLAs’ duties will vary, depending on whether they are a Member of the Cabinet, a Member of the Opposition, or a Government Backbenchers.
• Opposition Members spend much of their time researching and asking questions in the House regarding their constituencies and critical areas. Both Opposition Members and Government Backbenchers present Petitions, Resolutions, and Private Members’ Bills to the House.
• MLAs who are Ministers of the Crown (Cabinet Members) spend much of their time overseeing the operations of their assigned departments. Furthermore, Cabinet Ministers must be prepared to answer questions from the Opposition, put forward Government Bills, and deal with the Estimates and Annual Reports of their departments.
• MLAs also serve as Members of various committees.  Committee membership is allocated to the political parties in approximately the same proportion as their representation in the House.
• Constituents encountering problems within their area, or having problems dealing with government departments, agencies, etc. often refer to their MLA for assistance.  Moreover, Much of an MLA’s time is spent handling their constituents’ individual problems, answering questions and concerns, and keeping them aware of the prevailing opinion of the constituency.
• MLAs keep in touch with their constituents by personal contact, by phone, in writing, through meetings, and by the two annual household mailings they have entitled to send
• Also Read: The legislative relationship between the Centre and State Governments in India: A Comprehensive Analysis, Click Here!