CONSTITUTIONAL BODIES
Bodies
Constitutional Statutory Non-Statutory/Executive
Mentioned in Constitution Created by a Law Created by any Executive
(mention under any resolution/Resoltution of
Article) Government
Election Commission of India Election Commission of India (ECI)
Originally: Single-membered body
Article 324-329 (Part XV)
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61st Amendment Act, 1988
Permanent and Independent body ~
Voting age decreased: From 21 to 18
Not concerned with the election of Panchayat & Municipality 1989: ECI became a multi-membered body
Composition: Chief Election Commissioner + 2 other Election
Commissioners
· 1st Chief Election Commissioner: Sukumar Sen
CEC
Appointment: By President
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Art 324: Superintendence, direction, and control of elections to
be vested in an Election
Serve till the pleasure of President >
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Art 325: No person to be ineligible for inclusion in, or to claim to
Term: 6/65 years
be included in, a special, electoral roll on grounds of religion,
Qualification: Not prescribed by Constitution race, caste or sex
Salary: Same as SC judge =>
Art 326: Representation of People Act
Removal: Same as SC judge =>
Art 327: Power of Parliament to make provision with respect
Power and Functions to elections to Legislatures
Administrative
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Article 328: Power of Legislature of a State to make provisions
with respect to elections to such Legislature
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Advisory
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Article 329: Bar to interference by courts in electoral matters
Quasi judicial
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Union Public Service Commission (UPSC) Removal by President if,
Bankrupt
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Article 315-323 (Part XIV) Present UPSC Holding any office of Profit
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Independent Constitutional Body chairman: Preeti Unfit
Members Sudan Misbehaviour (by President on recommendation of SC
Composition: In discretion of President through a enquiry board)
Qualification: 1/2 of members must held Govt. office
for 10 years Finance Commission
Term: 6/65 years
Recruitment: All India Services & Central Services; Article 280
Group A and B Quasi Judicial Body (holds the summoning power of a Civil
Known as “Watch Dog of Merit system in India” Courts)
Removal by President if, Composition: Chairman + 4 other members
Bankrupt
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Holding any office of Profit Constituted by: President (every 5 years)
Unfit Qualification
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Misbehaviour (by President on recommendation of SC
through a enquiry board)
Chairman 4 others
Experience in: Public A judge of HC/Qualified to
Related Articles
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Affairs appoint HC judge
Art 315: Public Service Commission for the Union and
for the States
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Special knowledge of:
Art 316: Appointment and term of office of members Finance & Accounts of
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The members are
Art 317: Removal and suspension of a member of PSC Government and Economics
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eligible for
Art 318: how to make regulation as to condition of Experience in: Financial
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reappointment
service of members and staff of the Commission Matter & Administration
- Art 319: Prohibition as to the holding of office by
members of commission on ceasing to be such Related Articles
members Art 280: Finance Commission
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Art 320: Function of PSCs Art 281: Recommendations of Finance Commission
Art 321: Power to extend functions of PSCs
Art 322: Expenses of PSCs &
It makes recommendation to the President on the
Art 323: Reports of PSCs Net Proceeds of taxes to be shared between
Centre & State (not binding on President)
State Public Service Commission (SPSC)
Article 315-323 (Part XIV) 16th Finance Commission
Independent Constitutional Body
Members Chairman: Arvind Panagariya 1st Finance Commission
Composition: In discretion of President Full time members 1951
Qualification: 1/2 of members must held Govt. office Shri. Ajay Narayan Jha Chairman: K. C. Neogy
for 10 years Smt. Annie George Mathew 14th FC: Y. V. Reddy
Term: 6/62 years Dr. Manoj Panda 15th FC: N. K. Singh
Recruitment: State Services Part time members
Dr. Soumya Kanti Ghosh
GST Council Special Officer for Linguistic Minority
Added by: 101st CAA, 2016 7th CAA, 1956: Conferred a Constitutional status
It
New Article inserted: Art 279-A Inserted: A new Article 350B (Part XVII)
Union Revenue Secretary acts as the ex-officio Special Officer for Linguistic Minorities
Secretary to the Council Appointed by: President
Composition
Joint Forum of Centre and State Article 350A: Primary level education in Mother tongue
Chairperson: Union Finance Minister
Comptroller and Auditor General of India (CAG)
National Commission for SC’s and ST’s
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Article 148
Article 338 (SC) & 338A (ST) Head of: Indian Audit and Accounts Department
Constitutional body Created in: 1919 (Statutory body)
Single-membered body
Consists of: Chairperson + Vice Chairperson + 3 other
Appointed by: President
members (All appointed by President)
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Term: 6/65 years
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Removal: By President (same manner as Judge of SC)
89th CAA, 2003 CAG responsibilities
Compile and maintains the Accounts of State Government
(not Central Government)
NCSC (Art 338) NCST (Art 338A) Known as “Guardian of Public Purse”
B. R. Ambedkar mentioned it as “Most important Officer
History under GOI”
Art 338: Special Officer for SC & ST 1st CAG: V. Narahari Rao
: Present: K Sanjay Murthy
Related Articles
65th CA: Special Officer to Commission 148: Comptroller and Auditor General of India (CAG)
149: Duties and powers of CAG
150: Form of accounts of the Union and of these States
89th CAA, 2003 151: Audit reports Submission to President
Attorney General
National Commission for Backward Classes (BC’s)
Article 76
Established in: 1993 Originally: A statutory body
Highest law officer in country
History
Appointed by: President
Mandal Case, 1992
Term: Not fixed by Constitution
SC directed Central government 102nd Amendment Act
Qualified to be a SC Judge
to constitute a permanent of 2018 conferred the
Gives advice to Government in legal matters referred to
statutory body for BC’s constitutional status
him by President
Post of Solicitor General: Created to assist Attorney
The Amendment General
inserted a new Article It is not a Constitutional body
338B in Constitution
Advocate General of the State Central Vigilance Commission (CVC)
Article 165 Setup in: 1964 (by an Executive Resolution)
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Appointed by: Governor Establishment was recommended by: Santhanam
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Term: Not fixed by Constitution Committee
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Removal: By Governor (any time)
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Statutory Status in: 2003 (Originally: Neither a
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Qualified to be HC Judge Constitutional nor a Statutory status)
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Gives advice to Government in legal matters referred Appointment and Removal: President
to him by Governor
Central Bureau of Investigation (CBI)
Statutory Bodies (created through law)
Executive body
National Human Rights Commission (NHRC) ↑
Setup in: 1963 by an Executive Resolution
Established in: 1993 under Protection of Human
Rights Act, 1993 -
Derives its powers from Delhi Police Establishment Act,
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Members: Chairman (retired CJI/Judge of SC) + 5 1946
Full time members
Appointed by: President (on recommendation of 6 National Institution for Transforming India (NITI AAYOG)
membered committee)
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Not eligible for re-appointment under Central/State Executive body
Govt. Created on: 1st Jan 2015 replacing Planning Commission
Tenure: 3/70 years Chairman: PM
“It is watchdog of Human Rights in the country” Governing Council: CM of all states + Lieutenant Governor
of UTs
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Present chairman: Vijaya Bharathi Sayani Appointed by: PM
CEO: BVR Subrahmanyam
State Human Rights Commission Vice Chairman: Suman K Bery
Provides recommendations to the Government
Setup in: 1993 under Protection of Human Rights Act,
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1993 Law Commission
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Members: Chairman (retired CJI/Judge of HC) + 5
Full time members Executive Body
Appointed by: Governor (on recommendation of 6 1st Law Commission: 1955
membered committee) 1st Law Commissioner: M. C. Setalvad (Post Independence)
Removal by: President 1st Law Commissioners: Macaulay (Pre Independence)
Tenure: 3/70 years
1834: Law Commission
Chief Information Commissioner
Lokpal and Lokayukta
Heeralal Samariya
Setup in: 2005 (by Central Govt.)
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Statutory body Lokpal: for Centre
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Constituted under: Right to Information Act (2005)
Lokpal and Lokayukta Act 2013 Lokayukta: for State
Tenure: 5/65 years
Not eligible for re-appointment under Central/State
Govt.
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Lokpal: Chairperson + max of 8 other members
Retired CJI/SC 50% (Judicial
Judge members)
+
50% (SC, ST, OBC,
Current Chairperson
Minority, Women
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Ajay Manikrao
members)
Khanwilkar
1st Chairperson
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Pinaki Chandra Ghose