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Overview of India's Constitutional Bodies

This document outlines the composition and powers of various constitutional and non-constitutional bodies in India. It discusses 10 constitutional bodies including the Election Commission (EC), Finance Commission (FC), and UPSC. It notes their membership terms ranging from 5-6 years, appointment and removal procedures, and powers. The document also examines non-constitutional bodies like the National Human Rights Commission, Central Vigilance Commission, Central Information Commission which were established by statutes and have advisory or investigative roles with civil court powers.

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Swarup Mishra
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94 views2 pages

Overview of India's Constitutional Bodies

This document outlines the composition and powers of various constitutional and non-constitutional bodies in India. It discusses 10 constitutional bodies including the Election Commission (EC), Finance Commission (FC), and UPSC. It notes their membership terms ranging from 5-6 years, appointment and removal procedures, and powers. The document also examines non-constitutional bodies like the National Human Rights Commission, Central Vigilance Commission, Central Information Commission which were established by statutes and have advisory or investigative roles with civil court powers.

Uploaded by

Swarup Mishra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Constitutional bodies (10)

EC and FC (Art 324 and 280, eligible for further appointment)

EC: 324, 6 yr/65, 3 member (equal power),

Only CEC has security of tenure (same as SC Judge), ECs can be removed by prez on
reco of CEC

Expenses NOT charged

No term, no qualification, further appointment ALLOWED

SEC: 6 yr/62

Removal similar to HC Judge

UPSC: 6/65

Appointed and removed by Prez (Not like SC Judge)

SPSC: 6/62

Appointed gov, removal prez

FC: 280

further appointment ALLOWED

Nat com for SC 338 (also related to BC, OBC, Anglo Indians), Nat com for ST 338A

Both have Civil court powers

Matters relating to SC/ST/OBC/Anglo: Min of Social Justice

Matters of ST: Min of Tribal Affairs

Rest all National commissions are NOT constitutional bodies (For women, minorities etc
Special officer for Lingustic minorities (350B)

Not part of original constitution, no mention of minority in Consti

Under Min of Minority affairs

CAG (148) 6/65, Same as SC Judge

No Comptroller activity

Only post mortem

No reappointment, expenses charged, salary determined by Parliament

Attorney Gen of India (76)

Qual: SC Judge

No removal procedure, Pleasure of Prez, can do private legal practice

No fixed salary (decided by Prez)

All privileges as MP

Solicitor Gen is NOT mentioned in the constitution

Advocate Gen of India (165)

No removal procedure, Pleasure of Guv, can do private legal practice

No fixed salary (decided by Guv)

All privileges as MLA

Non constitutional Bodies:


Planning Commission AND National Developmental Council:

Neither constitutional nor statutory


PC (1950), NDC (1952, as recommended by first Five year plan)

National Human Rights Commission AND State Human Rights Commission

National: Five members, Retd CJI as Chair


o (2 Judiciary member: 1 SC 1 HC serving or retired, 2 persons with
knowledge in Human Rights)
o Appointed by prez on reco of SIX member committee (PM, HM,
Speaker, LOP of both houses, Deputy chair of RS)
o Ex officio: Chair of National comm for SC ST Women Minorities
State: THREE members (Retd CJ of HC, 1 HC/ (Dist with 7 yr ex) judge and
another person with knowledge in Human Rights)
o Appointed by Guv (removed by Prez) on reco of CM, HM, LOP and
Speaker (if Legislative council present, then chairman and LOP of LC
also part)
Protection of HR Act, 1993
Power to regulate own procedure
5yr/70, NOT eligible for reappointment
Advisory nature, govt must give status in ONE month
Enquiry within one year
Both statutory, civil court powers

CVC

Statutory by Santhanam committee (initially exec resolution)


3 members, appointed by Prez on reco of 3 member committee (PM, HM,
LOP)
Salary same as UPSC chairman and member
Tenure FOUR years/65

CIC/SIC: 5/65

Under RTI Act 2005


One chair plus 10 members
o Appointed by Prez/Guv on reco of PM, LOP and one cabinet min
nominated by PM
o Removed by Prez and Guv respectively (NOT PREZ for both,
as in UPSC and SPSC)
Salary same as Election Commissioner
Power as Civil court

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