Tag: Constitutional and Statutory Bodies

🏛️ Constitutional and Non-Constitutional Bodies in India – Quick Facts for UPSC Introduction: This guide covers UPSC constitutional and statutory bodies in India, which are vital for the country’s governance. Understanding their roles, functions, and composition is key for UPSC aspirants aiming to master the General Studies syllabus. Constitutional Bodies: Election Commission of India (ECI): Conducts elections, prepares electoral rolls, and enforces the Model Code of Conduct. Union Public Service Commission (UPSC): Conducts exams for All India Services and advises on promotions and disciplinary matters. Finance Commission of India: Recommends the distribution of tax revenues between the Centre and States. Statutory Bodies: National Human Rights Commission (NHRC): Investigates human rights violations and promotes awareness. Central Bureau of Investigation (CBI): Investigates corruption and serious crimes. Central Vigilance Commission (CVC): Monitors vigilance activities under the Central Government. Key Differences Between Constitutional & Statutory Bodies: Constitutional Bodies: Created by the Constitution (e.g., ECI, UPSC). Statutory Bodies: Created by Acts of Parliament (e.g., NHRC, CBI). Election Commission of India (ECI) Type: Constitutional Body (Article 324) Established: 25 January 1950 Composition: Chief Election Commissioner (CEC) + Election Commissioners (ECs) Appointment: By the President of India (On the recommendation of a committee consisting PM, Leader of Opposition in Lok Sabha & CJI) Tenure: 6 years or until 65 years of age, whichever is earlier and determined by President Functions: Conducts elections to Parliament, State Legislatures, and offices of President & Vice-President Prepares and revises electoral rolls Grants recognition to political parties and allocates symbols Enforces Model Code of Conduct CEC and ECs have equal powers and allowances (similar to SC judge) - Decisions are taken by majority vote Removal: CEC: Same manner as a Supreme Court judge ECs: On CEC's recommendation by the President Resignation- President Ministry: Ministry of Law and Justice Union Public Service Commission (UPSC) Type: Constitutional Body (Articles 315–323) Established: 1 October 1926 Composition: Chairman + Members (number determined by the President) Appointment: By the President of India Tenure: 6 years or until 65 years of age, whichever is earlier Functions: Conducts examinations for All India Services and Central Services Advises on promotions, transfers, and disciplinary matters Removal: By the President on grounds of misbehavior after Supreme Court inquiry Can be removed by President only in cases of Insolvancy, Office of Profit, or Infirmity of Mind or Body and Misbehaviour (Defined in Constitution) - Only upon binding advice of Supreme Court after enquiry Ministry: Ministry of Personnel, Public Grievances and Pensions Finance Commission of India Type: Constitutional Body (Article 280) Established: 1951 Composition: Chairman + 4 Members Appointment: By the President of India Tenure: Specified by the President (usually 5 years) Functions: Recommends distribution of tax revenues between Centre and States Suggests principles for grants-in-aid to states Ministry: Ministry of Finance [caption id="attachment_26058" align="aligncenter" width="300"] Flowchart showing the classification of constitutional and non-constitutional bodies in India[/caption] Goods and Services Tax (GST) Council Type: Constitutional Body (Article 279A) Established: 2016 Composition: Chairperson: Union Finance Minister Members: Union Minister of State for Finance and State Finance Ministers Functions: Makes recommendations on GST rates, exemptions, and thresholds Resolves disputes related to GST implementation Constituted by President Decision-making: 75% majority vote Ministry: Ministry of Finance National Commission for Scheduled Castes (NCSC) Type: Constitutional Body (Article 338) Composition: Chairperson + Vice-Chairperson + 3 Members Appointment: By the President of India Tenure: 3 years Functions: Investigates and monitors safeguards for Scheduled Castes Inquires into specific complaints Submits reports to the President Ministry: Ministry of Social Justice and Empowerment National Commission for Scheduled Tribes (NCST) Type: Constitutional Body (Article 338A) Established: 2004 Composition: Chairperson + Vice-Chairperson + 3 Members Appointment: By the President of India Tenure: 3 years Functions: Protects rights of Scheduled Tribes Evaluates development programs for STs Submits reports to the President Ministry: Ministry of Tribal Affairs National Commission for Backward Classes (NCBC) Type: Constitutional Body (Article 338B) Established: 1993; became constitutional in 2018 Composition: Chairperson + Vice-Chairperson + 3 Members Appointment: By the President of India Tenure: 3 years Functions: Examines inclusion and exclusion of communities in OBC list Addresses grievances of OBCs Ministry: Ministry of Social Justice and Empowerment Special Officer for Linguistic Minorities Type: Constitutional Body (Article 350B) Appointment: By the President of India Functions: Investigates matters relating to linguistic minorities Reports to the President on the status of safeguards Ministry: Ministry of Minority Affairs Comptroller and Auditor General of India (CAG) Type: Constitutional Body (Article 148) Appointment: By the President of India Tenure: 6 years or until 65 years of age, whichever is earlier Functions: Audits accounts of the Union and State governments Ensures transparency and accountability in public finance Removal: Same manner as a Supreme Court judge (President) Ministry: Independent; reports directly to the President Attorney General of India Type: Constitutional Post (Article 76) Appointment: By the President of India Qualifications: Must be qualified to be appointed as a Supreme Court judge Tenure: Holds office during the pleasure of the President Resignation - President Functions: Chief legal advisor to the Government of India Represents the government in the Supreme Court Ministry: Ministry of Law and Justice Advocate General of State Type: Constitutional Post (Article 165) Appointment: By the Governor of the respective state Qualifications: Must be qualified to be appointed as a High Court judge Tenure: Holds office during the pleasure of the Governor Functions: Chief legal advisor to the State Government Represents the state in legal matters Ministry: State Government National Human Rights Commission (NHRC) Type: Statutory Body (Protection of Human Rights Act, 1993) Composition: Chairperson (retired Chief Justice of India) + Members (Chairperson & 5 Other Members + Ex-Officio Member (7) - Chairpersons of NCSC, NCST, NCBC, NCW, NCPCR, NCM and Chief Commissioner for PwD) Appointment: By the President of India Tenure: 3 years or until 70 years of age, whichever is earlier Resignation - President Functions: Investigates human rights violations Promotes human rights awareness Ministry: Ministry of Home Affairs State Human Rights Commission (SHRC) Type: Statutory Body (Protection of Human Rights Act, 1993) Composition: Chairperson (retired Chief Justice of High Court) + Members Appointment: By the Governor of the respective state Tenure: 3 years or until 70 years of age, whichever is earlier Resignation - Governor Functions: Investigates human rights violations within the state Promotes human rights awareness Ministry: State Government Central Information Commission (CIC) Type: Statutory Body (Right to Information Act, 2005) Composition: Chief Information Commissioner + up to 10 Information Commissioners Appointment: By the President of India Tenure: 5 years or until 65 years of age, whichever is earlier Functions: Adjudicates on RTI appeals and complaints Ensures transparency in public authorities Ministry: Ministry of Personnel, Public Grievances and Pensions State Information Commission (SIC) Type: Statutory Body (Right to Information Act, 2005) Composition: State Chief Information Commissioner + up to 10 Information Commissioners Appointment: By the Governor of the respective state Tenure: 5 years or until 65 years of age, whichever is earlier Functions: Adjudicates on RTI appeals and complaints within the state Ensures transparency in state public authorities Ministry: State Government Central Vigilance Commission (CVC) Type: Statutory Body (Central Vigilance Commission Act, 2003) Composition: Central Vigilance Commissioner + up to 2 Vigilance Commissioners Appointment: By the President of India Tenure: 4 years or until 65 years of age, whichever is earlier Functions: Monitors all vigilance activity under the Central Government Advises various authorities in planning, executing, reviewing, and reforming their vigilance work Ministry: Ministry of Personnel, Public Grievances and Pensions Central Bureau of Investigation (CBI) Type: Statutory Body (Delhi Special Police Establishment Act, 1946) Composition: Director + Officers Appointment: Director appointed by the Central Government on the recommendation of a committee Tenure: 2 years Functions: Investigates corruption and major criminal cases Assists in anti-corruption efforts Establised on the recommendations of Santhanam Committee, It looks into crimes related to corruption, economic offences, and serious and organized crime apart from terrorism Ministry: Ministry of Personnel, Public Grievances and Pensions National Disaster Management Authority (NDMA) Type: Statutory Body (Disaster Management Act, 2005) Composition: Chairperson (Prime Minister) + 9 Members Appointment: Members appointed by the Chairperson Functions: Formulates policies for disaster management Coordinates response to disasters Ministry: Ministry of Home Affairs Lokpal Type: Statutory Body (Lokpal and Lokayuktas Act, 2013) Composition: Chairperson + up to 8 Members (50% judicial) Appointment: By the President of India on the recommendation of a selection committee Functions: Inquires into allegations of corruption against public functionaries Ensures accountability in governance Ministry: Ministry of Personnel, Public Grievances and Pensions

Tag: Constitutional and Statutory Bodies

UPSC Constitutional and Statutory Bodies – 10 Quick Facts

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