22.1 Bodies
22.1 Bodies
OVERVIEW
Bodies can have overlapping/multiple purposes. For ex - ECI would fulfil all thematic purposes.
All Constitutional Bodies do not necessarily have the same features. It depends on their purpose. For ex - CAG would
have higher autonomy and security of tenure than FCI.
A few constitutional bodies would have their conditions alike the SC, this is generally due to the high degree of
checks and balances.
Bodies performing quasi judicial or regulatory functions must either be constitutional or statutory.
North Eastern Council set up under NEC Act 1971 (Amended in ‘02) (Low Priority as asked in 2024 Prelims)
SK, AS, MN, ML, MZ, NL, Ar.P, TR
Chair - HM, Vice Chair - Minister Development of North Eastern Region (DoNER)
Members - Gov, CM, 3 members nominated by Pres.
Acts as a regional planning body
Constitutional
JPSC can also be constituted for a group of
states subject to
Constitutional
Type resolution passed by states using simple
majority
Parliamentary Law
Chair & members - Appointed by Pres Chair & Members - Appointed by Gov
No of members decided by Pres No of members decided by Gov
Composition
50% of members should have 10 yrs work 50% of members should have 10 yrs work ex with
ex with Union Govt. State Govt.
Conduct exams
Consulted on recruitment/transfer policy/disciplinary issues of civil servants
Functions Not needed to be consulted on reservation policy
Any rules made by Pres/Gov on these issues to be placed before respective legislatures for at-least 14
days and can be modified or rejected by them.
Services (Art.308-314)
Until Legislatures make law, Pres/Gov can make rules governing respective civil services
AIS+Union Civil Service +Defence - Pleasure of President, State Services - Pleasure of the Governor
AIS and Union Civil Services members cant be removed by authority subordinate to that by which they were appointed.
Cant be removed or demoted without an inquiry giving them opportunity of being heard unless
Convicted of a criminal offence
Deciding authority is satisfied it is not reasonably practicable to hold such inquiry
Pres./Gov, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry.
AIS
RS can authorise the Parl to make a law in National Interest creating and governing an All India Service by Special Maj I
All India Service Act, 1951 was passed to reflect IAS IPS constitutionally deemed to All India Services. IFoS added later.
AIJS can be created for subordinate judiciary, and any law made for the same shall not be a CA under Art 368 (42nd CA, 1976)
Type Constitutional
Art 148-151 Art 279A Art 280 Art 243I & Art 243Y
Provisions
CAG Act, 1971 (101 CA, 2016) Fin Comm Act, 1951 (73 and 74 CA, 1992)
Apptd by Pres
Chair - FM
Ch + 4 Members
Members
Qual (FCI Act, 1951)
Mos (Fin)
Chair - exp in Public
State Fin Min or
Affairs
Apptd by Pres. other Min State Law (apptd by
Composition 4 Members across
Single Post nominated by State Governor)
Sitting or Qualified to
Chair, Central Board of
be HC Judges/Spl
Excise and Customs
knowledge of Govt
(CBEC) - permanent
fin/admin/fin
non voting invitee
admin/economics
State Election
Criteria Election Commission Of India Delimitation Commission
Commission
Apptd by Pres
1 CEC compulsory and other EC if appointed subject to
Parl Law
CEC & Other EC Act 2023
Pres can decide no of ECs (Currently 2)
Apptd by Central Govt (3 Members)
Search Committee headed by Law Minister and 2 Secy
Chair - Current/ex SC Judge
Rank Offcrs shall place 5 choices before selection
Ex-Officio - CEC or EC nominated
committee
by CEC
Selection Committee State Law (apptd by
Composition SEC of Concerned State
Chair - PM Governor)
Associate Members -
Members - LoP, Union Cabinet Minister nominated by
5 MPs & 10 MLAs of that state
PM
nominated by Presiding Officers
Regional Commissioners (RCs) before Elections may
of LS and SLA respectively
be apptd after ECI consultation - not apptd at the
moment .
Qualifications
Are or have been Secy Rank offcrs to GoI +
integrity + exp in conducting elections
NA
CEC - Like SC judge
Removal Like HC Judge
ECs/RCs - on CEC recommendation
Apptd by Pres
Chair + 4 Judicial+ 4 Non Judicial
Apptd by Pres Members (50% members should be
1 CVC and max 2 VCs SC/ST/OBCWomen/Minorities)
Apptd by Pres/Governor
Qual - (same for CVC and IC) Qual
1 CIC/SIC + <10 ICs
Serving/ex AIS/Central Service Chair - Current/Ex CJI/SC judge
Selection Committee -
knowledge and experience in the matters Judicial Mem - Current/Ex SC Judge/CJ-
PM/CM (Chair) + Union Cabinet
relating to vigilance/policy and admin. HC
Min nominated by PM/CM +
Composition incl. police admin Non Judicial Mem - 25 yrs exp in finance
LoP
Serving/ex Central PSU officers with including insurance and banking, law,
Qual -law, science and
experience in finance including insurance vigilance and investigations
technology, social service,
and banking, law, vigilance and Selection Committee - PM (Chair) + LS Spkr,
management, journalism, mass
investigations LS LoP, CJI or SC Judge nominated by CJI,
media or admin & governance.
Selection Committee - Jurist nomina ted by this comm.
PM (Chair) + HM + LoP (50% members of selection comm. should be
SC/ST/OBCWomen/Minorities)
(Lokayukta as per state law)
Salaries for CIC and SIC Chair Salary etc like CJI (SC)
Salaries etc equivalent to UPSC members
Service determined by Centre Member Salary etc SC Judge
Charged to CFI
Conditions Term - As per Centre but max Charged to CFI
Term - 4 yrs/65 yrs, Resignation to Pres
age 65 yrs, resignation to Pres. Term - 5 yrs/70 yrs, Resignation to Pres
By Pres
Insolvent
Convicted for an offence of moral turpitude in Centre Govt’s opinion (not applicable to Lokpal)
Paid work outside office
Removal
Unsound mind/body
Conflicting financial or other interest. (not applicable to Lokpal)
By Pres after SC enquiry referred by Pres
Proved misbehavior or capacity (deemed guilty of misbehaviour if undertakes any contract if any govt)
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Vulnerable Sections Related Bodies
Apptd by Centre
Composition (all nominated by Centre)
Examine and review all laws relating to
Chair : committed to the cause of women
women
5 Members with exp experience in law, trade
Inquire upon complaints and suo moto -
unionism, management of an industry or organisation
Statutory non implementation of law and policy
committed to increasing the employment potential of
NCW (Protection of Advise on socio eco planning
women, women's voluntary organisations (including
(Women) Human Rights Act, fund litigation involving issues affecting
women activists), administration, economic
1993) a large body of women
development, health, education or social welfare
Union to consult on related policy issues
2/5 member each from SC & ST respectively
Promote rights and research
Member-Secretary (Civil Servant or expert)
Centre to lay report before Parl.
Term : 3 yrs, Resignation to centre
Removal (Same as NCM)
Apptd by Centre, Chair + 6 Members (2 women members) Examine and review all laws relating to
from exp across education, child health, juvenile justice/care of children
Statutory
neglected/marginalised children/children with disabilities; child Has suo moto power to initiate inquiry
(Commission on
NCPCR labour/distressed children; child psychology/sociology, laws Approach courts after inquiry for action
Protection of Child
Selection Committee of 3 chaired by WCD Min Promote child rights & research
Rights Act, 05)
Term : 3 yrs, Chair - 65/Members - 60, Resign to centre Centre/State Govts shall place reports
Removal: Same as NCM and NCW before Legislatures
Apptd by Pres
Composition :
Chair : ex-CJI(SC) or SC Judge
Members :
M1: Current/ex-SC Judge
M2: Current/ex- CJ-HC Inquire human rights violations and
M3,4,5 : exp in Human Rights (1 woman member) recommend actions such compensation,
Ex-Officio Members prosecution of officials, approach SC/HC
Chairs of NCSC,NCST,NCBC,NCM, NCPCR, CPD for directions. (Ex-Officio Members do not
Selection Committee participate in this function)
PM (Chair) + HM + Speaker LS + Dy. Chair (RS) + LoP Has suo moto power
Statutory (LS) + LoP(RS) Intervene in court proceedings
(Protection of CJI consultation needed if sitting SC Judges/CJ-HCs concerning HR violations
NHRC
Human Rights Act, are to be appointed. Review Constitutional Provisions, Laws,
1993) Term : 3yrs/70yrs, Resignation to Pres International Treaties
No post retirement employment under Centre/States Promote HR and their research
Govt. W.r.t Armed Forces violations, seek
Removal report from Centre Govt and
By Pres recommend accordingly.
Insolvent Centre/State Govts shall place reports
Convicted for an offence of moral turpitude in before Legislatures
President’s opinion
Paid work outside office
Unsound mind declared by court/body infirmity
By Pres after SC enquiry referred by Pres
Proved misbehavior or capacity