Constitutional bodies

Constitutional bodies

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  CONSTITUTIONAL LAW Constitutional Bodiesin India
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  What is aConstitutional Body? • Those bodies whose formation is prescribed by the Indian Constitution itself are known as Constitutional Bodies. • They derive their powers and authority from the Indian Constitution. • A constitutional amendment is often required to change any powers or functions related to such bodies.
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  ATTORNEY GENERAL OFINDIA Article 76 of the Constitution provides for the Attorney General of India. • He is considered the highest law officer in the country. • He is appointed by the president and holds office during his pleasure. • A person who is qualified to be appointed as the judge of the Supreme Court is eligible for the office of Attorney General of India. Duties of AG: • To advise the government on the legal matters referred to him by the president. • To appear on behalf of the GOI in SC in all the cases concerning the government. • To represent GOI in the references made by the president to the SC under Article 143. • To appear in HC in the cases concerning GOI when required. Rights of AG: • AG has the right to audience in all the courts in the territory of India. • He has the right to speak and take part in the parliamentary proceedings. However, he doesn’t enjoy the right to vote. • All the privileges and immunities available to a member of parliament are granted to the AG
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  COMPTROLLER AND AUDITORGENERAL OF INDIA • Article 148 of the Constitution provides for an independent office of Comptroller and Auditor General of India. • CAG is considered as the guardian of the public purse. • Along with the Supreme Court, the Election Commission, and the Union Public Service Commission, the office of CAG is treated as one of the bulwarks of the democratic system. Appointment • President of India appoints CAG 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. • CAG can be removed from his office in the same manner as a judge of the Supreme Court.
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  ROLE AND DUTIESOF CAG CAG is provided with the security of tenure. His rights cannot be altered to his disadvantage after his appointment. All the expenses of the office of CAG are charged on the Consolidated Fund of India. His salary is equal to that of a judge of the Supreme Court.  DUTIES: • The duties and powers of CAG are mentioned in article 149 of the Constitution. • All the accounts related to the expenses from the Consolidated Fund of India, Consolidated Fund of the States, and Union Territories are audited by CAG. • Also, the expenditure from Contingency Fund and Public Account of India and States are audited by CAG. • The net proceeds of any tax or duty are ascertained and certified by CAG. • CAG acts as a guide, friend, and philosopher of the Public Accounts Committee. • All the receipts and expenditure of bodies financed from the central or state revenue are also audited by CAG. • The audits of any other body as and when requested by the President or Governor are audited by CAG. • Three reports are submitted by CAG to the President. They are: (1) Audit report on appropriation accounts (2) Audit report on finance accounts (3) Audit report on public undertakings  ROLE OF CAG: • The office of CAG secures the accountability of the executive to the Parliament in the sphere of financial administration. • The CAG acts as an agent of the Parliament and is responsible only to the Parliament. • Along with legal and regulatory audits, CAG also conducts propriety audits.
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  ADVOCATE GENERAL OFTHE STATE Article 165 of the Constitution provides for Advocate General for the states. He is considered the highest law officer in the state. The Advocate General is appointed by the governor and holds the office during his pleasure. A person qualified to be appointed as a judge of a high court is eligible for the office of Advocate General. Duties and Rights of Advocate General: • To advise the government of the state on the matters referred to him by the governor. • To discharge those functions conferred upon him by the Constitution of India. • He has the right to speak and take part in the proceedings of both the houses of the state legislature. However, he doesn’t enjoy the right to vote.
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  STATE FINANCE COMMISSION •The governor of a state shall, after every five years, constitute a finance commission. • Articles 243-I and 243-Y deal with the formation of this body. • The composition, qualifications of members, and the manner of their selection is decided by the concerned state legislature.  Functions: • The distribution of the net proceeds of taxes, tolls, and fees between the state and local bodies. • The determination of such taxes, duties, and tolls to be assigned to local bodies. • The grants-in-aid to be given to the local bodies from the consolidated fund of the state. • Measures to be taken for improving the financial position of local bodies. • Any other matter referred to the commission by the governor of the state.
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  STATE ELECTION COMMISSION •The elections to the panchayats and municipalities are looked after by the State Election Commission. • Articles 243-K and 243-ZA deal with the elections to the rural and urban local bodies. • SEC consists of a state election commissioner who is appointed by the governor. • The removal of the state election commissioner is the same as that of a judge of the state high court.
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  INTER-STATE COUNCIL • Article263 deals with the establishment of Inter-State Councils for the coordination between centre and states as well among the different states. • The president establishes such a council and also defines its duties and organization. • Its decision is advisory in nature and is not binding. • Composition: • The council consists of the following members: 1. Prime Minister as the chairman 2. Chief Ministers of all the states and union territories having a legislative assembly 3. Administrators of union territories with no legislative assemblies 4. Governors of states under the president’s rule 5. Six central cabinet ministers nominated by PM • The council consists of a standing committee set up in 1996. Its members are: 1. Union Home Minister as the chairman 2. Five Union Cabinet Ministers 3. Nine Chief Ministers
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  UNION PUBLIC SERVICECOMMISSION • UPSC is the central recruiting agency of the country. • Articles 315 to 323 in Part XIV of the constitution talk about UPSC. • UPSC is visualized as the watchdog of the merit system of the country. • Composition: • UPSC consists of a chairman and other members. The number of other members is left to the discretion of the president. • Generally, the number of members in the commission including the chairman is nine to eleven. • They hold the office for a term of six years or until they attain the age of 65 years, whichever is earlier. • Functions: • Examinations for recruitment to All India Services, central services, and public services of union territories are held by UPSC. • All disciplinary matters affecting a person in civil capacity are dealt with by UPSC. • Assists the states in matters relating to joint recruitment.
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  REMOVAL • Removal: 1. Thechairman and other members of UPSC can be removed by the president under the following situations: 2. If he is adjudged an insolvent 3. While in office, if he engages in any paid employment 4. If he gets unfit by reason of infirmity of mind or body 5. For misbehavior 6. In the last case, the president has to refer the matter to Supreme Court for inquiry. The advice of SC is binding on the president. • Independence: I. The chairman and the members of the commission enjoy the security of tenure. II. Their conditions of service cannot be varied after an appointment. III. Their entire expenses are charged on the Consolidated Fund of India. IV. The chairman of UPSC is not eligible for any future employment in the government of India or a state.
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  STATE PUBLIC SERVICECOMMISSION o Just as UPSC at the center, there is a State Public Service Commission in every state. o Articles 315 to 323 in part XIV of the constitution deal with the various provisions of SPSC. o SPSC is considered as the watchdog of the merit system in the state. Composition: • SPSC consists of a chairman and other members appointed by the governor. The number of other members is left to the discretion of the governor. • One-half of the members should be such persons who have held office either under the government of India or the state for at least ten years. • The term of office is six years or until they attain the age of 62 years, whichever is earlier. Functions: • SPSC conducts all the examinations for the appointment to the services of the state. • All disciplinary matters affecting a person in civil capacity are dealt with by SPSC. • Any claim for reimbursement of legal expenses borne by a civil servant is also looked into by SPSC.
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  Removal Removal: • The chairmanand members of the commission can be removed only by the president. • They can be removed under the following situations: • If he is adjudged an insolvent • If he engages in any other paid employment • If he is deemed unfit by reason of infirmity of body or mind • For misbehavior • In the last case, the president has to refer the matter to SC for inquiry. Independence: • The chairman and the members of the commission enjoy the security of tenure. • Their conditions of service cannot be varied after an appointment. • Their entire expenses are charged on the Consolidated Fund of the state. • The chairman of SPSC is not eligible for any other employment under the government of India or state other than for appointment as chairman/ member of UPSC or as the chairman of other SPSC.
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  ELECTION COMMISSION • ElectionCommission is a permanent and independent body. • The formation of EC is prescribed by article 324 of the constitution. • It is common to both central and state governments. • The elections to parliament, state legislatures, the office of president, and vice president are looked after by EC. Composition: • EC consists of a chief election commissioner and other election commissioners. President fixes the number of election commissioners. • The appointment of the chief election commissioner as well as the other election commissioners is made by the president. • At present, EC consists of a chief election commissioner and two election commissioners. • The term of office of election commissioners is six years or until they attain the age of 65 years, whichever is earlier. The powers of the election commission can be divided into three categories. They are: • Administrative • Advisory • Quasi-Judicial Independence: • Security of tenure is provided for the chief election commissioner. • He can be removed from the office in the same manner as a judge of the Supreme Court. • Other election commissioners cannot be removed from the office except on the recommendations of CEC.
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  Thanks & Regards RahulYadav Note: source of the data is https://www.clearias.com/constitutional-bodies/