55 Constitutiona I

·
CHAPTIER
Prescri ptions

t COMPOSITIONS

Table 55.1 Constitutional Prescription s with Respect to Compositions

SI. No. Institutions/Bodies Composition Related Article

1. Central Councilor Ministers Prime Minister and other Ministers 74

2. Parliament PreSident, Rajya Sabha and lok Sabha 79
3. Rajya Sabha 250 Members 80
4. l ok Sabha 550 Members 81
5. Supreme Court Chief Justice of India and other Judges 124
6. State Council of Ministers Chief Minister and other Ministers 163
7. State Legislature Governor, Legislative Council and Legislative Assembly 168
or Governor and Legislative Assembly

8. l egislative Assembly Maximum SOD Members and minimum 60 Members 170

9. Legislative Council Maximum one-third of the total number of members 171
In the State Legislative Assembly and minimum 40
members

10 . High Court Chief Justice and other Judges 216

11. Panchayats Determined by the State Legislature 243C
12. State Finance Commission Determined by the State Legislature 243-1
13. State Election Commission State Election Commissioner 243K
14 . MunlClpaJHles Determined by the State Legislature 243R
15. District Planning Committee Determined by the State Legislature 243Z0
16 . Metropolitan Planning Determined by the State Legislature 24 3ZE
Committee

17. Inter-State Council Determined by the President 263

18 . Goods and Services Tax Chairperson, Vice-Chairperson and Members 279A
Council
 Constitutional Prescriptions ~ 455
SI No InstitutIOns/Bodies CompositIOn Related Article

19. Finance Commission Chairman and four other Members 280

Inter-State Trade and Determined by the Parliament 307
Commerce Commission

Union Public Service Chairman and other Members 316

Commission

State Public Service Chairman and other Members 316

Commission

f :: Joint State Public Service Chairman and other Members 316

Commission

Central Administrative Determined by the Parliament 323A

Tribunal
1
...., .......
25. State Administrative Tribunal Determined by the Parliament 323A

[ 26. Tribunals for other matters Determined by the appropriate LegiSlature (Parliament
or State Legislature)
3238

27. Election Commission Chief Election Commissioner and other Election 324
Commissioners

1 28 National Commission for SCs Chairperson, Vice-Chairperson and three other Members 338
29. National Commission fot STs Chairperson, Vice-Chairperson and three other Members 338A
30.
31.
National Commission for BCs

Scheduled Areas and

Chairperson, Vice-Chairperson and three other Members

Determined by the President

3388
339
1
Scheduled Tribes Commission

Backward Classes Determined by the President 340

Commission

33. Official Language Chairman and other Members 344

Commission

Official Language Committee Thirty Members (twenty from lok Sabha and ten from 344
of Parliament Rajya Sabha)

35. Legislative Assembly of Minimum 46 members 371A

Nagaland

Legislative Assembly of Minimum 30 members 371F

\ 36 Sikklm

I 37. Legislative Assembly of Minimum 40 members 371G

Mizoram

38. legislative Assembly of Minimum 30 members 371H

Arunachal Pradesh

Legislative Assembly of Goa Minimum 30 members 371-1

Tribes Advisory Councll Maximum 20 members Fifth Schedule
District Council of an Maximum 30 members Sixth Schedule
autonomous district
 456 ,r/! Indian Polity
t APPOINTMENTS
Table 55.2 Constitutional Prescriptions with Respect to Appointments

51 No Functionaries/Bodies ApPointed by/Elected by Related Artlcl€

1. President Electoral College consisting of the 54

elected MPs and MLAs

2, Vlee-Plesldent Electoral college eonsfstlng of the 66

MPs
3. Prime Minister President 75

4- Centrol Mlnlltels President 75

5. Attorney-General of India President 76

6, Members 0' the ~ SObha Elected MLAs/Presldent 80

7. Members of the Lok Sabha Voters 81

8. 00pdIy Chairman of the RaJya SObh. Members of the Rajya Sabha 89

9. Speaker and Deputy Speaker of the Lok Members of the lok Sabha 93
Sabha

s of the Supreme Court President 124

11. Comptroller and Auditor-General of India President 148

12, Governor of a State President 155

13. Chief Minister Governor 164

lot $llteMlnIltels Gowmo< 164

15. Advocate General of a State Governor 165
16, Mombers of th. Stole LBgJSIotIve Assemblies Voters 170
17. Members of the State Legislative Councils local Bodles/GraduatesfTeachersl 171
MLAsiGovernor

18. ~ 00«1 Deputy Speaker

J,eglslatlYe Assembly
0' the Stole Members of th. Stole legislative
Assembly
178

19. Chairman and Deputy Chairman of the State Members of the State Legislative 182
Legislative Council Council

20, JUdges of 1he High Courts PresIdent 217

21. District Judges Governor 233
22. Ai1~ of. Union Ten1tOry President 239
23. Chief Minister of NCT of Deihl President 239AA

24- Mlnfsters of NeT of DeIhl President 239AA

25. Members of the Panchayats Voters 243C
 Constitutional Prescrip tions 'tt 457
26. State Electlon Commissioner Govern or 243K
27. Members of the Municipalities Voters 243R
28. Chairman and Members of the Finance
Commission
Preside nt 280

29. Chairman and Membe rs of the UPSC Preside nt 316

30. Chairman and Membe rs of a SPSC Govern or 316
3'- Chairman and Members of a JSPSC President 316
32. Chief Election Commissioner and other Preside nt 32.
Electton Commissioners

33. Chairperson, Vice-Chairperson and Members Preside nt 338

of the National Commission for SCs

34. Chairperson. Vice-Chairperson and Members President 338A

of the National Commission for STs

35. Chairperson, Vice-Chairperson and Members President 3388

of the National Commission for BCs

36. Schedu led Areas and Schedu led Tribes

Commission
President 339

37. Backward Classes Commission President 340

, 38. Chairman and Members of the Official
Langua ge Commission
President 344

39. Membe rs of the Official l anguage Committee Members of the lok Sabha and 344
of Parliament Members of the RaJya Sabha
40. Special Officer fo r Linguistic Minoriti es President 3508
4'- Members of the District Council of an Voters/Governor Sixth Schedule
autonomous district

42. CommiSSIon on the Administration of Govern or SIXth Schedu le

Autonomous Olstricts and Autonomous Regions

t AGE
Table 55.3 Consti tutional Prescriptions with Respe ct to Age

51 No Electlon l Appom tmentiR etlreme nt / Others

Prescri bed Age Related Article

'- Election of the President 35 years 58

-~-
2.
66 ~
_.
Election of the Vlce-Presldenl 35 years
3. Election of a membe r of the Rajya Sabha
30 years 84
••
,
Election of a member of the Lok Sabha
•
25 years 84
(Contd.)
 458 ,(7 Ind;an Polfty
51 No ElectIOn AppOintment Retirement Others Prescribed Age Related Arttele

s. Retirement of a Judge of the Supreme Court 65 years '24

6. ~ otthe _ of. Slate 35yaalS 1&'1
7. Ejection of a member of the State Legislative 30 years '73
Council

8. _ of. member al'the Slate LegbIa1M! 25_

Astembly

9. Retirement of a Judge of the High Courts 62 years

10. ElectIon of ...._ of the PenCllayats 21 years

,t Election of a member of the Municipalities 21 years 243V

12. Retirement of . member of the UPSC 65_ iii.

'3. Retirement of a member of a SPSC 62 years 3'6
t4. _ n t o t . _ ot.JSPSC 62_
'S. Registration as a voter in the electoral roll 18 years

t OATHS
Table 55.4 Constitutional Prescriptions with Respect to Oaths

51 N o FunctlonMles O ath A dministered by (or) M ade and Subscnbed Related A rticle

Be f o re

t President Before the Chief Justice of India (or) the senior most 60
Judge of the Supreme Court available

2. ~

3.

_mont
Union Ministers By the President

4- ~for_101he

_!he
S. Members of the Parliament Before the President (or) some person apPointed In 99

6. 01
Judges the Supreme Court
that behalf by him

!hat _
_ n t (or) soma _
bV 111m
II'I"*IIIad In

7. Comptroller and Auditor· Before the President (or) some person appointed In '48

8.
_01._
General of India

ChIoI_"'Ihe_.
that behalf by him

_the
.........
C4Iuit
(01) the _ mast Judge of the -MahQlllt

9. State Ministers By the Governor of the State '64

 Constitutionol Prescriptions ~ 459

SI N o F unct iona ries Oat h A dministere d by (or) M ade and Subscr ibed Related Article
Befor e

10. Candidate for election to the Before some person authorized In that behalf by the 173
State legislature Election Commission

". Members of the State

legislature
Before the Governor of the State (or) some person
appointed In that behalf by him
188

12. Judges of the High Courts Before the Governor of the State (or) some person 219
appointed In that behalf him

t TERM
Ta ble 55.5 Constitutional Prescriptions with Respect to Term

SI 11.0 Functionaries/I nstitutions Ter m/Duration Related Article

1. President 5 years 56
2. Vice--Presldent 5 yea"
3. Prime Minister During the pleasure of the President 75
4. Central Ministers During the pleasure of the President 75

5. Attorney-General of India During the pleasure of the President 76

Rajy8 Sabha Continuing Chamber (one-third of ItS 83
l 6.
members retire every second year)

7. lok Sabha 5 years 83

8. Comptroller and Auditor-General of India Determined by the Parli,ment 148
9. Governor 5 years (or) during the pleasure of the 156
President

10. Ch'" MinISter During the pleasure of the Governor 164

". State Ministers During the pleasure of the Governor 164

12. Advocate-General of a Stale During the pleasure of the Governor 165
13. State legislative Assembly 5 years 172
.-- --.-
14. State legislative Council ContInuing Chamber (one-third of Its 112
members retire every second year)

15. Chief Minister of NCT of DeIhl During the pleasure of the President 239AA

16. Ministers of NCT of Deihl During the pleasure of the President 239M
17.
18.
Panchayats

Stete Election Commissioner

5 years
.- -
Determined by the Governor (subject to
243E

243"
the law of the State legislature)

19. Municipalities 5 years 243U

(Contd.)
 460 ,(1' Indian Pality

6 years 316
21. Chairman and Members of the UPSC

6 years 316
22. Chairman and Members of the SPSC

6 years 316
23. Chairman and Members of the JSPSC

Determined by the President (subject to 324

24. ChIef Election Commissioner and other
election Commissioners the law of Parliament)

25. Chairperson, Vice-Chairperson and Members Determined by the President (subject to 338
of the National Commission for SCs the law of Parliament)

26. Chairperson. Vice-Chairperson and Members Determined by the President (subject to 338A
of the National Commission for STs the law of Parliament)

Chairperson, Vice-Chairperson and Members Determined by the President (subject to 3388

27.
of the National Commission for BCs the law of Parliament)

Sixth Schedule
28. Elected Members of the District Council of 5 years
an autonomous district

29. Nominated Members of the District Council During the pleasure of the Governor Sixth Schedule
of an autonomous district

t SALARIES
Table 55.6 Constitutional Prescriptions with Respect to Salaries

51. No Functionaries Salary Determined by Related Article

1. President Parliament 59

2. Vice-President No Salary 64
(Entitled to the Salary of the
Chairman of the Rejya Sabha)

3. Prime Minister Parliament 75

4. Central Ministers Parliament 7S

5. Attorney-General of India President 76

6. Chairman and Deputy Chairman of the Rajya Parliament 97

Sabha

7. Speaker and Deputy Speaker of the Lok Parliament 97

Sabha

8. Members of Parliament (Both Rajya Sabha and Parliament 106

lok 5abha)

9. Judges of the Supreme Court Parliament 125

10. Comptroller and Auditor-General of India Parliament 148

 Constitutionol Prescriptions ~ 461

SI No Functionaries Sa lary Determined by Related Article

It 158
-]
Governor of a State Parliament

12. 164

--
Chief Minist er State Legislature

13. State Ministers State Legislature 164

Advocate..Generai of a State Governor 165

15. Speaker and Deputy Speaker of the State State Legislature 186

16.
....',
Legislative Assembly

Chairman and Deputy Chairman of the State State legislature 186

legislative Council

17. Members of the State Legislature (Both Slate Legislature 195

Assembly and Council)
~

18. Judges of the High Courts Parliament 221

19. State Election Commissioner Governor (subject to the law of the 243K
State Legislature)

20. Chairman and Members of the UPSC Pres/den! 318

2t
22 .
Chairman and Members of a SPSC

Chairman and Members of a JSPSC

- Governor

President
-318
318
23. Chief Election Commissioner and other President (subject to the law of 32'
Election Commissioners Parliament)

24. Chairperson. Vlce-thalrperson and Members President (subject to the law of 338 ~1
of the National CommisSion for SCs Parliament)

25. Chairperson. Vice·Chairperson and Members President (subject to the law of 338A
of the National Commission for STs Parliament)

26. Chairperson, Vice-Chairperson and Membecs President (subject to the law of 3388
of the National Commission for acs Parliament)

t RESIGNATIONS
Table 5 5.7 Constitutional Prescriptions with Respect to Resignations

51 No Functionaries ReslgnatlOn Submitted to Related Article

t President Vlce·President 56
2. Vice-President President 67
3. Deputy Chairman of the Rajya Sabha Chairman of the Rajya Sabha 90
4. Speaker of the lok Sabha Deputy Speaker of the lok Sabha 94
5. Deputy Speaker of the lok Sabha Speaker of the lok Sabha 9'
(Conld.)
 462 tr Indian Polity

7. Members of the Lok Sabha

8. Judges of .... SUjItome Court

9. Governor of a State President

10. SpoekorGf .... _~~

11. Deputy Speaker of the State Legislative

Assembly

12. Chelrmanof .... _~ CouRd

13. Deputy Chairman of the State Legislative

-..
Council

....
15. Members of the State Legislative Council

16. JUIIOOS of .... !!Ig/I Courts

17. Chairman and Members of the UPSC

19. Chairman and Members of a JSPSC President

~ REMOVALS AND DISSOLUTIONS

Table 55.8 Constitutional Prescriptions with Respect to Removals/Dissolutions

5. Deputy Chairman of the Rajya Sabha Rajya Sabha

7. Judges of the Supreme Court President

(on the recommendation of the
Parliament)
 Constitutional Prescriptions ~ 463
SI No FunctIO naries Bodies Remove d by/Diss o lved by Related Art icle
8. ComptroHer and Auditor -Genera l of lnet.. Presktent
(on the recomm endatio n of the
'48
Paruament)
9. State legislat ive Council Not subject to dissolution 172
'0. SIa,. legislative Assembly Govern or 174
". Speaker and Deputy Speaker of the State
legislat ive Assembly
State legislative Assembly 179

'2. Chllnnan and Deputy Chairman of the State State Legtslative Council 183
legislat ive Council

13. Judges of the High Courts Preside nt 217

(on the recomm endatio n of the
Parliament)
... State Election Commis sioner President 2431<
(on the recomm endatio n of the
Partlament)
15. Chairman and Members of the UPSC, a President 317
JSPSC and a SPSC

16.

[
.- Chief Electlon Commis sioner Preside nt 324
(on the recomm endatio n of the
Partlament)
17. Election Commls~ioners or Regional
Commissioners
President 324
(on the recomm endalio n of the Chief
Election Commissioner)
18. Otstrict Council of an autonom ous district and Governo. Sixth Schedu le
Regional Council of an Autono mous Region (on the recommendatiOn of the
Commis sion on the Admlnls ttatlon
of Autono mous Otstrlcts and
autonom ous ,eglons )

~ SUBMISSION OF REPORTS
Table 55.9 Constitutional Prescriptions with Respect to Submission of Report
s
SI N o Functio naries/ Bodies Report Submit ted to Related Article
1. Comptr oller and Auditor-General of India Preside nt (related to the Union) and 151
Govern or (related to the State)
2. State Finance Commis sion Govem or 243-1
3. Chairperson of the District Planning Committee State Govern ment 243ZD
<. Chairperson of the Metrop olitan P1annlng State Govem ment
Committee 243ZE

, 5. Finance Commission President 280

(Contd.,
464 ,€,! Ind;an Palny

7. 5P5C Governor 323

8. JSPSC Govemor 323

9. National Commission for SCs President 338

10. National CommIsSIon for Sfs Prelldent 338A

11. National Commission for BCs President 338B

12. Scheduled Areas and Scheduled Tribes PresIdent 339

CommiSsIon

13. Backward Classes Commission President 340

14. President 344

15. Official Language Committee of Parliament President 344

16. Speclol 0IIIcer for U c Minorities Pr_nt 3SOB

17. Governor President (regarding the failure of 356
constitutional machinery in the State)

'8. Governor President (regarding 1I1e FIftII Schedule

administration Of SCheduled Areas In
die Slate)

'9. Commission on the Administration of Governor Sixth Schedule

Autonomous Districts and Autonomous
Regions