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22.1 Bodies

The document outlines various constitutional and statutory bodies in India, detailing their thematic purposes, functions, and compositions. It categorizes these bodies into electoral, recruitment, financial, regulatory, and federalism-related entities, highlighting their overlapping functions and unique characteristics. Additionally, it provides specific provisions, service conditions, and removal processes for bodies like the Election Commission of India, UPSC, and Finance Commission.

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0% found this document useful (0 votes)
14 views7 pages

22.1 Bodies

The document outlines various constitutional and statutory bodies in India, detailing their thematic purposes, functions, and compositions. It categorizes these bodies into electoral, recruitment, financial, regulatory, and federalism-related entities, highlighting their overlapping functions and unique characteristics. Additionally, it provides specific provisions, service conditions, and removal processes for bodies like the Election Commission of India, UPSC, and Finance Commission.

Uploaded by

AnuGrahSharma
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Magna Carta Foundation 2025/26 Live Batch

Exclusive Concise Notes (ECN) 17 : Bodies (Prelims)

OVERVIEW

Thematic Purpose Thematic functions Nature

Separation of Electoral : ECI + SEC + Delimitation Constitutional


Powers/Autonomy

Recruitment : UPSC + SPSC Statutory


Checks &
Balances/Integrity
Executive
Financial : CAG + FCI + SFC + GST
Expertise

Federalism : Niti Aayog + ISC + ZC


Quasi Judicial

Vul. Secs : NCSC/ST/BC + Ling. Min. +


Regulatory NHRC + NC Minorities + NCW +
NCPCR

Legal : Attorney Gen + Adv Gen + Law


Commission + BCI (covered in Note on
Judiciary)

Anti Corruption : CIC + SIC + CVC +


CBI + Lokpal + Lokayukt

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.

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ECN 22.1 : MCF 2025 : Atish Mathur

Federalism Related Bodies

Criteria Inter State Council Zonal Councils Niti Aayog

Type Constitutional Statutory Executive

Art 263 (Not compulsory),


State Reorganisation Act, 1956
Permanent ISC set up on
Provisions North Eastern Council Act,1971 Union Cabinet Resolution in 2015
Sarkaria Commission Recco
(amended in ‘02)
in 1990 via a Pres. Order.

Under SRA, 1956


Chair - PM Niti Aayog
North : HR, HP, PB, RJ, Delhi,
Members Chair - PM
Chandigarh, J&K, Ladakh
CMs of States & UT with Vice Chair - Apptd by PM
Central : UP, MP, UK, CG
LA 4 Full time members
East : BR, JH, OD, WB
Lt Gov. of UT w/o LA 1 CEO
West : MH, GJ, GA, Dadar & Daman
6 Union Cabinet Ministers Ex-Officio Members : HM,
South : AP, TL, KN, KL, TN, PY
nominated by PM FM, Agri Min, Def. Min
Composition (If state under Pres Rule, then Spl Invitees : Union Min
Chair - HM of each zone
Gov can attend, PM can also (MoS Planning attached off.)
Vice Chair - CM on rotation
invite other Union Ministers as
Members - CM & Lt Governors
permanent invitees.) Governing Council (GC)
(Chief Secretary of each State, 1
Standing Committee Chair - PM
official from Niti Aayog & Inter State
Chair - Home Min Members - CMs & Lt. Gov.
Council/Dev. Commissioner from
Members - 5 Union Min Spl Invitees of Niti Aayag are
each state
& 7 CMs also Spl Invitees of GC
as advisors)

apex think thank


1. Inquire/advise on Inter state
NITI for States (cooperative
disputes
and competitive federalism)
2. Investigate/discuss common
3 attached bodies/schemes
subjects to Union and States common interest of economic
Atal Innovation Mission
3. Recommend policy decisions and social planning
Development Monitoring
on point 2. border disputes, linguistic
and Evaluation Office
Functions (these are as per CoI) minorities or inter-State
National Institute of
transport
Labour Economics
ISC only has taken up 2nd and 3rd reorganisation of the States
Research and
points as per Pres Order. under SRA 1956
Development.
ISC is called Inter-govt council.
Monitors Aspirational Districts
It does not look into socio
Program
economic planning.
Reports - SDG India Index

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

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ECN 22.1 : MCF 2025 : Atish Mathur
Recruitment Related Bodies

Criteria UPSC SPSC

Constitutional
JPSC can also be constituted for a group of
states subject to
Constitutional
Type resolution passed by states using simple
majority
Parliamentary Law

Provisions Art 315-323

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.

Term - 6/65 yrs (earlier) Term - 6/62 yrs (earlier)


Service Conditions
Resignation to Pres Resignation to Gov

Removal Authority - President


Grounds
Misbehaviour - Pres. reference to SC for inquiry as per rules framed under Art 145.
Removal Pres/Governor can suspend until Pres passes orders after SC enquiry.
Deemed guilty of misbehaviour if any conflict of interest
Insolvent, Employment outside office, mentally/physically unfit in Pres Opinion
Removal by Pres Order

Members cant be reappointed as members


UPSC chair cannot hold any office under Union/State
SPSC chair can become UPSC chair but not hold any other office under Union/State
Post Retirement
UPSC member can become UPSC/SPSC Chair but not hold any other office under Union/State
SPSC member can become UPSC Chair/Member, SPSC chair but Chair but not hold any other office
under Union/State

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)

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ECN 22.1 : MCF 2025 : Atish Mathur
Financial Related Bodies

Finance Commission of State Finance


Criteria CAG GST Council
India (FCI) Commission(SFC)

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

Oath as per III Sch.


Salary/Pension/ FCI Act, 1951)
Allowances charged to Resignation to Pres
Service
CFI Term - As per Order State Law
Conditions
Term - 6/65 yrs (usually for duration
(earlier) of FC i.e. 5 yrs)
Resignation to Pres Not applicable as Ministers
are members of GST
Council.
As long as they hold FCI Act, 1951
concerned Ministers, they unsound
can serve as members of mind/undischarged
Removal Like SC Judges State Law
GST Council. insolvent/convicted
for moral turpitude
/conflict of interest

Post No office under GoI of


Can be reappointed State Law
Retirment Govt of any state

Reccos to Union & State


Audits accounts of Distribution of
Govt w.r.t
Union & States and divisible taxed
All GST related issues Distribution of
submits them to between
Decisions taken via not taxes, duties, tolls,
Pres/Gov who have to Centre/States
less than 3/4th fees levied by state
place them before the Principles governing
weighted votes (75%) taxes, tolls, fees
respective legislatures rd grants from CFI
1/3 Votes cast to which can
Audits accounts of Support CFS to
Centre assigned/approrpria
Autonomous Councils rd enhance Local Self
2/3 Votes cast to ted to LSG
Functions under VI Sch and Govt (LSG) as per SFC
States Measures to
submits them to Gov reccos.
GST Tribunal set up in improve LSG’s
who have to place Any other matter
Delhi with state financial position
them before the referred by Pres in
branches under CGST Gov to have every
Councils. interest of sound
Act FCI recco laid
Doesn’t audit finance
Anti Profiteering Issues before state
accounts of Local Self Pres to have every
handled by Competition legislatures
Govt. FCI recco laid before
Commission
Governs IAAS cadre Parliament

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ECN 22.1 : MCF 2025 : Atish Mathur
Electoral Bodies

State Election
Criteria Election Commission Of India Delimitation Commission
Commission

Type Constitutional Statutory Constitutional

Art 324 Art 243K & Art 243ZA


Provisions Art 82, Art 327
CEC & Other EC Act, 2023 (73 and 74 CA, 1992)

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

Term - 6/65 yrs (earlier)


Resignation to Pres
Service
Salary like SC Judge State Law
Conditions
Civil/Criminal Immunity for actions done in course of
duty (CEC & Other EC Act, 2023)

NA
CEC - Like SC judge
Removal Like HC Judge
ECs/RCs - on CEC recommendation

Post Can’t be reappointed (if EC is appointed as CEC, then total


State Law
Retirment term of 6 yrs)

Determining number and size of


Superintendence, direction and control of elections Parliamentary and Assembly
Superintendence,
(Plenary Powers) Constituencies as per Census
direction and control of
Pres/VP/LS/RS/SLA/SLC Elections 4 DCs set up thus far.
elections (Plenary
Prepare and/or revise Electoral rolls after every census 1952, 1963, 1973, 2002 as per
Powers)
and before every LS/SLA general election respective Delimitation Acts
Panchayat &
Recommend Pres/Gov to Notify the dates and Orders ordinarily can’t be
Functions Municipality Elections
schedules of respective elections challenged in courts unless
Recognition of political parties exceedingly arbitrary or violating
State Laws to provide for
Allocation of Symbols constitutional values (Kishorchandra
delimitation of areas for
Advise Pres/Gov disqual. of MPA/MLA/MLC Rathod v. Union of India (2024)]
Panchayat & Municipality
Cancel polls if needed Orders are placed before Parliament
Elections
Appt offrs for electoral arrangement related disputes & State Legislatures but cannot be
modified

61St CA, 1988 - Reduced Voting age from 21 to 18


Right to Vote is a Constitutional Right (PUCL Case 2003), Right to Contest Elections is a Statutory Right [Jeetu Patnaik v Sanatan Mohakud (2012]
Both these rights can be restricted if convicted for electoral offences.
RoPA 1951 - Election Petitions can be filed within 45 days challenging LS/RS/SLA/SLC Election at HC with assured right to appeal at SC.
HC judgements to be transmitted to ECI who would then forward to concerned legislature for further action on disqualification. (Refer to Note on
Legislatures II covering Electoral Offences)
One Nation One Election :
India had simultaneous elections to LS and SLA across first 5 general elections - 1952, 1957, 1962, and 1967
Currently, 129th CAB is pending in Parl and is referred to a Joint Parliamentary Committee
Seeks to insert Art 82A and amend Art 83, 172, 327
106 CA, 2023 : 1/3rd Seats of LS/SLA reserved for Women for 15 years to be implemented after delimitation on the basis of census conducted after 2023.

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ECN 22.1 : MCF 2025 : Atish MathurAnti Corruption Related Bodies

Criteria CIC/SIC CVC Lokpal/Lokayukta

Type Statutory Statutory Statutory

CVC Act 2003


Provisions RTI Act, 2005 Lokpal and Lokayuktas Act, 2013
Orginally set up as per Santhanam Committee

Superintendence over Central Vigilance


Inquire/investigate against Central Inquire into corruption by -
Govt official referred Union Min incl. PM & MPs,
CPIO/SPIO - Appellate Auth - No Power over MPs or Ministers Union Group A, , B, C, D Officials
CIC/SIC Preliminary Inquiry against complaints Chair, Members, Officers of any
RTI Exemptions (sec 8) referred by Lokpal w.r.t. Group A, , B, C, D board/corp/society/trust estd by Parl
Sov/Integrity Superintendence over CBI over Law or wholly or partly funded by Union
Forbidden by Court/cause investigation of offences under PoCA or State govt.
contempt 1988 and BNSS for AIS, Group A Central Any society/trust/body receiving foreign
breach of privilege Service contribution > ₹10 lakh
IP/trade secrets Inquire into complaints made under Public Anyone can file complaint to LokPal but
Investigation proceeds Interest Disclosure and Protection of offence must be under PoCA, 1988 against
Function
Info received from foreign govt Informers’ (PIDPI) Resolution (Whistle public servant.
in confidence Blower) Lokpal can conduct preliminary enquiry
Cabinet Papers Director & Dy Director in ED are apptd through its Inquiry wing/refer to other
Personal Info unrelated to after recco from committee headed by agencies such as CVC/CBI within timelines
Public Interest (Amended by CVC, VCs, and other members Post inquiry and a full investigation, a 3
Data Protection Act, 2023) SP and above level officers in CBI (except member bench of Lokpal can grant sanction
(OG RTI to be replied to within 30 CBI director) appointed after recco from to the Prosecution Wing to proceed.
days, 48 hours if concerning life and committee headed by CVC, VCs, and Lokpal has superintendence and direction
liberty) other govt members over any central investigation agency
Approves appt of Central Vigilance including CBI for cases referred to them by
Officers in Central Depts for vigilance the Lokpal.
admin

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

No office of profit under Centre/State No


Post No reappointed as IC, IC can No appointment made by President.
elections for 5 yrs, Member can become
Retirement become CIC office of profit under Centre/State Govt
Chair total term of 5 yrs). Chair X reapptd.

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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ECN 22.1 : MCF 2025 : Atish Mathur
Vulnerable Sections Related Bodies

Body Type Appt., Composition, and Removal Functions

Investigate rights violations


Apptd by Pres ; Composition : Chair+ Vice Chair + 3 Mem. Advise on socio eco planning
NCSC/ Constitutional
NCSC/ST : Art 338 and Art 338A (89 CA, 03) Union & State Govt to consult on related
NCST/NCBC
NCST : Art 338B : 102 CA, 2018 policy matters
Pres to have report tabled before Parl.

Apptd by Centre, Chair + Vice Chair + 5 Members


(All 5 Members from Minorities) (Refer Note on Art 29/30)
Recommend measures for upliftment
Removal by Centre on -
Review laws and policies
Insolvent
NCM Statutory Look into complaints and refer to
Convicted for an offence of moral turpitude in Centre’s
(Minorities) (NCM Act, 1992) concerned authorities
opinion
Centre to lay report in Parl and forward
Unsound mind declared by court
to State legislatures
Refusal to act
Absent from 3 consecutive meetings w/o permission

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

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