Constitutional Bodies

 

CONSTITUTIONAL BODIES 

*Derive powers and authorities from Constitution of India 

*They are mentioned in Indian Constitution 

UNION PUBLIC SERVICE COMMISSION 

*Article 315 to 323 

*Part 14 

*Chairman and members are appointed by president of india

*Term is 6 years or 65 years of age 

*Article 319-Removed by President of India on basis of insolvency,Office of profit or infirmity of minds or body and Misbehavior (Supreme court is binding in nature for removal) 

*Resignation letter to President of India

*Chairman of UPSC is not eligible for reappointment,but members can appoint as chairman of UPSC(or) Member (or) Chairman of  State public Service Commission and he cannot reappoint as members of UPSC again 

*Salary is from Charged Expenditure of Consolidated Fund of India

*Chairman and members not eligible for further employment in Government of India or any State 

*Function of UPSC-Conducts examinations for appointment of All India Service,Central Service and service for Union Territories ;Consult in all matters related to methods of recruitment of civil service,Promotion and transfer of civil service officer from one place to another,Regarding Deputation, Disciplinary matters(Censure, Withholding of Increments, Withholding of Promotions,Recovery of loss,Demotion,Compulsory Retirement,Removal from service, Dismissal of Service);Matter related to personnel management;Matters related to Temporary appointments which is greater than 1 year 

*Limitations of UPSC-UPSC is not consulted while making reservations of appointments or posts in favour of any backward class of citizens,While taking into consideration the claims of SC and ST in making appointments to service and posts,Regarding selection for Chairmanship or membership of Commissions or tribunals or Diplomatic posts,Group C and D service

*UPSC submits Annual report to President,President lay that report in both both houses of Parliment 

*UPSC recommendations not binding on Government

STATE PUBLIC SERVICE COMMISSION 

*Every State has Seperate State Public Service Commission (By Constitution) 

*Part 14 

*Article 315-323 

*Chairman and members are appointed by Governor of State but Remove by President of India 

*6 Years or 62 years of age 

*Resignation letter to governor of concerned state 

*Removed by -Already Discussed in UPSC 

*Salary is from Charged Expenditure of Consolidated Fund of concerned State

*Chairperson or Member of SPSC is not eligible to employment under Government of India or other states 

*Chairperson of a SPSC is eligible for Appointment of Member (or)Chairperson of UPSC (or) Chairperson (or) Member of other state SPSC(Not for same state)

*Member of SPSC eligible for appoint as Chairperson of same state SPSC (or) Chairperson or Member of UPSC(or) Chairperson (or)Member of other State SPSC(Not for same state SPSC)

*Functions-Already Discussed in UPSC 

*Limitations-Already Discussed in UPSC 

*SPSC submits Annual report to Governor of Concerned state,Governor lay that report in State Legislature

*SPSC recommendations not binding on Government

JOINT STATE PUBLIC SERVICE COMMISSION (Statutory body not Constitutional body)

*It is not a Constitutional body 

*By an act of Parliment or State Legislature

*Here Chairman are appointed by President of India (not by Governor)

*Two states of Punjab and Haryana had JSPSC for short term

*Resignation letter to President (Not to Governor)

*Other same as SPSC 

FINANCE COMMISSION 

*Article 280 

*Constituted by President of India every 5 years 

*It is Balancing wheel  of fiscal federalism 

*Recommend distribution of tax revenue 

*Quasi Judicial body 

*1Chairman(Having experience in public affairs)+4 Members(Judge of a High Court,Specialized knowledge in Finance,Special knowledge in Economics,wide experience in financial matters)

*They are eligible to Reappointment

*Recommendations are Advisory in nature and not binding on Government 

NATIONAL COMISSION FOR SCHEDULED CASTE 

*Article 338 by 89TH CAA 2003 

*1+1VC+3

*Appointed by President of India

*Term-3 years 

*Functions-To investigate,monitor,inquire,advice matters regarding Scheduled Caste 

*Present it's report to President , President will lay that report in Parliment 

*Power of civil court 

NATIONAL COMMISSION FOR SCHEDULED TRIBES 

*Article 338A by 89TH CAA 2003 

*1+1VC+3(Should have 1 women member) 

*Appointed by President of India

*Term-3years 

*Function-To investigate,inquire,advice matters regarding Scheduled Tribes 

*Present it's report to President, President will lay that report in Parliment

*Power of Civil court 

NATIONAL COMMISSION FOR  BACKWARD CLASS 

*Article 338B 102ND CAA 2018 

*1+1VC+3 

*Appointed by President of India

*Term 3 Years 

*Function-To investigate,Monitor,Inquire,advice matters regarding Backward Classes 

*Present it's report to President of India,President lay this report in Parliment 

*Power of Civil court

GST COUNCIL 

*Article 279 AA by 101ST CAA 2016

*Chaired by Finance Minister of India and Vice Chairman will be Minister of State for Finance and members will be Minister Incharge for Finance or Revenue or Other minister from all states 

*Considered as federal body 

*Every decision of council will be majority not less than 3/4 of weighted votes 

*Union Government vote-1/3 and State Government vote -2/3

COMPTROLLER AND AUDITOR GENERAL OF INDIA 

*Already Discussed in Union Government of India 

ATTORNEY GENERAL OF INDIA 

*Already Discussed in Union Government of India

ADVOCATE GENERAL OF STATE 

*Already discussed in State and Union Territory

COMMISSIONER FOR LINGUISTIC MINORITIES 

*7TH CAA 1956 Article 350 B

*Special officer for Linguistic Minorities

*Appointed by President of India

*Investigate all matters relating to safeguard linguistic minorities under Constitution 

*He send report to President, President lay that report in Parliment and sent to Government of state concerned through Governor 

ELECTION COMMISSION OF INDIA 

*Article 324 

*3 member body(1 Chief Election Commissioner+2Election Commissioner 

*Appointed by President of India

*6 years or 65 years of age 

*CEC removed from office by in the manner of judges removal but other 2 Election Commissioner removed by office on the recommendation of CEC 

*CEC and ECs having equal power(Decision are decided by Majority) and receive equal salary similar to Supreme court judge

*Quasi judicial 

*From 1950 to 1989 -Single member Commission,At 1989 3 member Commission,Then from 1990-1992 single member Commission,From 1993 till now 3 member Commission 

*Functions of Election Commission-To determine the area of Constituency all over India(Delimitation Commission);To prepare electoral rolls and to register all eligible voters;Notify dates and schedules for election;To scrutinize Nomination paper;Grant recognition to political parties and allot election symbols to them;Settle Dispute between political parties regarding recognition of political parties and symbols allot to them;Determine code of conduct;Advice president on matters relating to disqualification of MP;Advice governor on matters relating to disqualification of MLA;Cancel polls (Rigging,booth capturing,violence);Supervise to ensure free and fair election;Advice president whether election can be held in a state under president rule in order to extend period of emergency exceeding 1 year;To grant status of political parties;Conducts election for President,Vice President, Parliment,State Legislature

ELECTORAL REFORMS 

*Lowering voter age-61st CAA 1988(From 21 years age to 18 years 

*Deputation to Election Commission-Officers to be deployed to Election Commissioner to prepare electoral rolls 

*Increase in number of proposers-To prevent non serious candidates to compete in elections 

*Electronic Voting Machines-1998 used in assemblies Election of Rajasthan, Madhyapradesh and delhi and in 1999 Goa 

*Booth Capturing-EC adjourns election in case of booth capturing 

*Electoral Photo Identity Card(EPIC)-Issued from 1993 

*Disqualification for Insulting the National Honour 

*Prohibition of Sale of Liquor 

*In case of death of Candidate register party can propose another candidate within 7 days 

*By-Election should held within 6 months in case of vacant in Parliment and State Legislature

*Holidays to employees on polling day (Except officers in duty of polling,They will proxy vote or postal vote in election) 

*Contestants restricted to two Constituencies 

*Prohibition of arms -But not applicable to police officers , Security officials 

*Gap between last date for withdrawal of candidature and polling date has been reduced from 20 to 14 days 

*Amount of deposit and proposers and seconders  increase for President and Vice President elections 

*Requisition of Staff for election duty 

*Declaration of Criminal antecedents,Assets details by candidates 

*Exemption of Travel expenditure from election expenses of Candidates

*Free supply of electoral rolls to candidates of registered party 

*Open ballot system for Rajyasabha Election and Domicile or residency requirements of candidates contesting in election of Rajyasabha is removed 

*Allocation of time on Electronic media 

*Party entitled to accept contribution from donors and they have to report to Election Commission and Income tax to claim benefits 

*Photo of candidates present in EVM and Ballot paper(2015)

*Introduction of NOTA in EVM 

*Online enrollment of Electoral roll 

*Introduction of VVPAT(Voter Verified Paper Audit Trail) 

*Immediate disqualification of Convicted MPs and MLAs 

*Persons in Jail or police custody can contest elections(Except disqualified under provision contained in act) 

*Ceiling on Election expenditure Increased(Parliment 70 Lakhs and Legislative Assembly 28 Lakhs)

*Voting rights to NRI 

*Increase in security deposit 

*Restrictions imposed on Exit polls 

RECOGNITION OF POLITICAL PARTIES 

*For National Party-2% of Loksabha seats in at least 3 states (or)6 % polls in general election either in Loksabha or State Legislature in 4 states and wins 4 Loksabha seats in one or more states(or)Party recognized as state party in 4 or more states 

*For state party-Party should secure atleast 6% valid vote and win steady 2 assembly Constituency (or) 6% seats in Loksabha and win atleast 1 Loksabha Constituency (or)Minimum 3% of total number of seats or 3 assembly Constituency of state(or)atleast 1 Loksabha seat for 25 seats 

DELIMITATION COMMISSION 

*To fix  boundaries of Constituency of both Loksabha and State Legislature election 

*Currently we follow 2002 Delimitation Commission

*1952,1963,1973,2002 

OFFICERS IN ELECTION COMMISSION OF INDIA 

*Chief Election Commissioner+2 Election Commissioners 

*Regional Commissioner-Appointed by president of india consultation with Election Commission.He assist CEO of Concerned state 

*Electoral Registration Officer(ERO)-To prepare Electoral Rolls,AERO assist ERO 

*Chief Electoral Officer(CEO)-Officer who Incharge for conducting election in state.He reports to Election Commission of India

*District Electoral Officer-District collector is ex officio DEO he supervise election in district 

*Returning Officer(RO)-Authority for polling and counting Process in Constituency,Nomination papers given to RO by candidates, ARO assists RO 

*Presiding officer-He is Incharge for polling station assisted by polling officer 1,2,3

*Polling officer 1-He checks electoral roll and voters serial number presented in booth slip and electoral roll and read out loudly and he marks in electoral roll 

*Polling officer 2-Apply indelible ink to voters forefinger and get signature from voters 

*Polling officer 3-He gets voter slip from voter and activate balloting unit and allows voters to vote in election

*General Observer-For observe Conduct of elections 

*Expenditure observer-Monitor expenditure 

*Police observer-To Monitor Law and order problem in Constituency 

*Micro Observer-Supervise election process in  vulnerable polling station 

*Generally Observers comes from other state