POLITY

CONSTITUTIONAL BODIES

Election Commission of India (ECI)

Introduction

The Election Commission of India (ECI) is an independent constitutional body

established under Article 324 of the Constitution. It oversees elections to the:

1. Lok Sabha and Rajya Sabha.

2. State Legislative Assemblies and Councils.
3. Offices of the President and Vice President of India.
● Note: The ECI does not manage panchayat and municipal elections,
which are handled by State Election Commissions.

Composition of the ECI

1. Structure:
○ The ECI comprises the Chief Election Commissioner (CEC) and
additional Election Commissioners.
○ Initially a single-member body, it became multi-member in 1989.
2. Appointment:
○ The President appoints the CEC and other Election Commissioners.
○ The CEC serves as the Chairperson when the ECI has multiple
commissioners.
3. Term and Service Conditions:
○ Members serve for 6 years or until they reach the age of 65 years,
whichever is earlier.
○ Members can resign by submitting a written resignation to the
President.
4. Removal Process:
○ The CEC can only be removed in the same manner as a Supreme
Court Judge, i.e., by the President based on a resolution passed by
both Houses of Parliament with a special majority, and only on
grounds of proven misbehavior or incapacity.

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 ○ Other Election Commissioners can only be removed on the
recommendation of the CEC.
5. Other Features:
○ Decisions are taken by a majority vote in case of disagreements
among members.
○ Chief Electoral Officers in states assist the ECI, and District
Collectors serve as Returning Officers during elections.

Role of ECI Power of ECI

Conducts periodic elections, Manages voter registration,

ensuring the democratic process and deploys and trains election
is known as the "Guardian of Free officials, prints ballot papers, etc.
and Fair Elections".

Releases the Model Code of Conduct Determines the territorial

(MCC) for political parties and boundaries of electoral
candidates to ensure fair elections. constituencies based on the
Delimitation Commission Act.

Advises on the legal spending limits Provides advice to the President

for candidates during their election and Governors on disqualifications
campaigns. of members of Parliament and
State Legislatures.

Introduces technology to improve Acts as a judicial body for

election procedures, e.g., EVMs, resolving electoral disputes.
VVPATs.

Checks the criminal records of Allocates free airtime on

candidates, including convictions, state-owned electronic media for
acquittals, or pending charges. national and state parties during
election campaigns.

Ensures the mandatory use of the

"None of the Above" (NOTA) option in
elections.

Electoral Process

1. Constitutional Provisions:

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 ○ The ECI conducts elections for the President and Vice President
under Articles 54-55 and 62.
○ Articles 327 and 328 empower Parliament and State Legislatures,
respectively, to regulate elections and electoral rolls.
2. Key Roles of ECI:
○ Guardian of Free and Fair Elections: Conducts periodic elections,
ensuring the democratic process.
○ Manages voter registration, deploys election officials, and oversees
the use of EVMs and VVPATs.
○ Issues and enforces the Model Code of Conduct (MCC).
○ Determines Constituency Boundaries: Based on the Delimitation
Commission Act.
○ Advises on candidate disqualifications and monitors campaign
spending.

Independence of the Election Commission

1. Chief Election Commissioner (CEC):

○ Enjoys security of tenure and can only be removed via the process
applicable to Supreme Court judges.
○ Service conditions cannot be altered post-appointment to their
disadvantage.
2. Other Election Commissioners:
○ Can only be removed on the CEC’s recommendation.
○ Service conditions are protected similarly to ensure impartiality.
3. Anoop Baranwal Case (2023):
○ The Supreme Court mandated that the CEC and Election
Commissioners should be appointed by a three-member panel
comprising:
■ The Prime Minister.
■ The Leader of Opposition in Lok Sabha.
■ The Chief Justice of India (CJI).
○ Removal grounds for other commissioners should match those of the
CEC.

Key Features of the Chief Election Commissioner and Other Election

Commissioners (Appointment, Conditions of Service, and Term of Office) Bill,
2023

1. Appointment Process:
○ The President appoints members based on recommendations of a
Selection Committee comprising:
■ The Prime Minister.
■ A Union Cabinet Minister.

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 ■ The Leader of Opposition (or leader of the largest
opposition party) in Lok Sabha.
○ A Search Committee, led by the Cabinet Secretary, recommends
candidates to the Selection Committee.
2. Eligibility:
○ Candidates must demonstrate integrity, experience in election
management, and service as a Secretary or equivalent in the
government.
3. Salaries and Allowances:
○ Aligned with those of a Cabinet Secretary.
4. Concerns:
○ Executive Dominance: The appointment process risks compromising
the ECI's independence.
○ Reduced Status: Aligning the salary with Cabinet Secretary
undermines the constitutional status of the CEC.
○ Limited Candidate Pool: Restricting eligibility to senior bureaucrats
excludes other qualified professionals.

Broader Issues in ECI

1. Transparency in EVMs and VVPATs:

○ Persistent trust issues demand regular audits and increased
transparency.
2. Intra-party Democracy:
○ Section 29A of the RPA Act requires political parties to document
democratic practices, but enforcement is weak, enabling
criminalization and power misuse.

Way Forward

1. Tenure Security:
○ Extend Supreme Court judge-like removal safeguards to all Election
Commissioners.
2. Financial Autonomy:
○ Charge ECI expenses to the Consolidated Fund of India.
3. Institutional Reforms:
○ Mandate automatic elevation of the senior-most Election
Commissioner as CEC.
4. Operational Independence:
○ Reduce dependence on ministries like DoPT, Law Ministry, and
Home Ministry for administrative and operational matters.
5. Enhanced Transparency:
○ Strengthen public trust through audits, clear communication, and
robust enforcement of the MCC and election laws.

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Union and State Public Service Commissions

Introduction

Administration forms the backbone of governance, responsible for implementing

laws, regulations, and policies. Civil servants act as the machinery translating
government objectives into actionable initiatives, bridging the gap between political
leaders' vision and on-ground execution.

What Are Civil Services?

Civil services are the Permanent Executive of the nation, comprising:

1. All India Services (IAS, IPS, IFoS).

2. Central Civil Services (e.g., IFS, IRS, Indian Postal Service).
3. State Civil Services (e.g., State Administrative Services, State Police
Services).

These services are recruited through bodies such as the Union Public Service
Commission (UPSC), Staff Selection Commission (SSC), and State Public
Service Commissions (SPSCs).

Civil Services as the Permanent Executive

Civil services are referred to as the "Permanent Executive" for the following reasons:

1. Continuity and Stability:

○ Unlike elected leaders who change with elections, civil servants ensure
steady governance.
2. Key Link:
○ They act as intermediaries between the political executive (Ministers,
Governors) and departments for effective coordination.
3. Indirect Accountability:
○ While civil servants influence policies as secretaries to Ministers, they
are not directly answerable to the public.
4. Policy Authority:
○ Civil services assist in shaping policies, offering expertise and
experience to political executives.

Role and Need for Civil Services

1. Effective Administration:
○ Ensure efficient implementation of policies and programs.
○ Example: Handling critical situations like the COVID-19 pandemic.

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 2. Neutrality and Expertise:
○ Provide non-partisan, politically neutral advice and governance.
○ Example: Conduct of elections by the Election Commission of India
(ECI).
3. Public Service Delivery:
○ Responsible for delivering essential services such as law enforcement,
healthcare, education, and documentation (e.g., Passports, PAN
cards).
4. Upholding Democratic Values:
○ Protect democratic principles and ensure equitable aid distribution
during crises while maintaining the integrity of institutions.

Difference Between Political Executive and Permanent Executive

Aspect Political Executive Permanent Executive

Appointment Elected by the people and Recruited through commissions

directly accountable to them. to serve under the political
administration.

Alternative People’s Representatives. Civil Servants (e.g., IAS, IPS,

Names IRS).

Responsibilities Policymaking and lawmaking; Manage departments as

uphold national values (Equality, secretaries to Ministers and
Justice, Liberty). Governors.

Classification of Civil Services in India

A. All India Services

1. Includes:
○ Indian Administrative Service (IAS).
○ Indian Police Service (IPS).
○ Indian Forest Service (IFoS) (added in 1966).
2. Special Features:
○ Recognized by the Constitution and serve both Union and State
governments.

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 ○ Members are centrally recruited but belong to state cadres and can
serve the Centre on deputation.
3. Purpose:
○ Provide top administrative personnel.
○ Ensure Union-State connectivity.
○ Standardize governance and maintain political neutrality.
4. Legacy:
○ Advocated by Sardar Vallabhbhai Patel, known as the "Father of All
India Services."

B. Central Civil Services

1. Structure:
○ Classified into Groups A, B, C, and D since 1974.
○ Controlled directly by the Union Government.
2. Examples:
○ Indian Foreign Service (IFS).
○ Indian Revenue Service (IRS).
○ Indian Postal Service.
○ Indian Statistical Service.
3. Legal Doctrine:
○ Governed by the Doctrine of Pleasure under Article 310(2) of the
Constitution.

C. State Administrative Services

1. Roles:
○ Manage state-level subjects like agriculture, education, health,
police, and planning.
○ Operates under the State Government.
2. Connection to All India Services:
○ Up to one-third of IAS, IPS, and IFoS senior roles are filled through
promotions from State Services.
○ Promotions are based on recommendations of State Selection
Committees, chaired by UPSC members.

Comparison of UPSC and SPSC

Parameter UPSC SPSC

Article Articles 315–323, Part XIV Articles 315–323, Part XIV

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Appointment By the President By the Governor, but removal
is only by the President

Qualification Not specified except 50% of Same as UPSC

members must have 10 years'
experience in Government of India
(GoI) or State

Members Strength decided by the President Strength decided by the

Governor

Conditions of Determined by the President Determined by the Governor

Service

Tenure - 6 years or 65 years of age, - 6 years or 62 years of age,

whichever is earlier. whichever is earlier.

- Chairman: Ineligible for further - Chairman: Ineligible for

roles in GoI or State. reappointment but eligible for
UPSC roles.

- Members: Ineligible for - Members: Ineligible for

reappointment but can be promoted reappointment but can be
as Chairman of UPSC or SPSC. promoted as Chairman or
member of UPSC/SPSC.

Independence - Salaries and allowances charged - Salaries and allowances

on the Consolidated Fund of charged on the Consolidated
India. Fund of the State.

- Removal only by the President. - Removal only by the

President.

Resignation Addressed to the President Addressed to the Governor

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Functions - Advises on recruitment, - Advises on state-level
appointments, and disciplinary appointments and judicial
matters. service rules.

- Conducts joint recruitment for - Reports to the Governor

multiple states, if requested. annually.

- Reports to the President annually.

Jurisdiction Can be extended by an Act of Can be extended by the State

Parliament. Legislature.

Limitations Excludes: Same as UPSC

- Reservation matters for backward

classes.

- SC/ST claims for appointments.

- Temporary appointments under

one year.

Removal - By the President under conditions Same as UPSC

Procedure like insolvency, paid employment, or
unfitness.

- The President removes the

chairman or member for
misbehavior, but only after
referring the matter to the Supreme
Court for inquiry.

- If the Supreme Court upholds the

cause for removal and advises it,

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 the President must act on the
advice (binding).

- During inquiry, the President can - Governors can suspend the

suspend the chairman or member. chairman or member of SPSC
until the President’s final
removal order.

- Misbehavior includes involvement

in government contracts or profiting
from them.

Joint State Public Service Commission (JSPSC)

Key Features of JSPSC

1. Establishment:
○ Created by an Act of Parliament upon requests from state
legislatures.
○ Unlike UPSC and SPSC, it is a statutory body, not a constitutional
one.
2. Historical Example:
○ Punjab and Haryana shared a JSPSC briefly after Punjab's division in
1966.
3. Composition:
○ Includes a Chairman and members appointed by the President of
India.
○ The number of members and their terms are decided by the President.
4. Tenure:
○ Members serve for 6 years or until 62 years of age, whichever is
earlier.
5. Historical Context:
○ Originates from the Government of India Act, 1935, which provided
for Federal, Provincial, and Joint Public Service Commissions.
6. Resignation:
○ The Chairman or any member may resign by submitting a written
resignation to the President.
7. Removal:
○ Members can only be removed by the President under the following
conditions:

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 ■Insolvency.
■Paid employment outside their official duties.
■Infirmity of mind or body.
■Misbehavior (as determined by an inquiry conducted by the
Supreme Court).
○ During the inquiry, the President may suspend the Chairman or
member.

Powers and Functions of JSPSC

Function Details

Recruitment Conducts exams and selection processes for civil, police, and
administrative services in participating states.

Advisory Role Offers advice on recruitment, promotions, and transfers, ensuring

transparency and merit-based processes.

Annual Report Prepares an annual report submitted to State Governors, who

present it to their respective legislatures.

Jurisdiction Oversees recruitment for multiple states under mutual

arrangements, ensuring uniform selection standards.

Independence Operates independently; members can only be removed or

suspended by the President.

Conclusion

India’s civil services are pivotal in ensuring effective governance, maintaining law
and order, and aligning government actions with the aspirations of its citizens. Driven
by merit, integrity, and dedication, civil services act as a bridge between policy
and implementation in a diverse and federal setup.

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Finance Commission of India

Introduction

The Finance Commission (Article 280) is a constitutional, quasi-judicial body

established by the President of India every five years or earlier if necessary. Its
primary role is to:

1. Recommend the distribution of the divisible tax pool between the Union
and States (vertical sharing) and among the States (horizontal sharing).
2. Suggest principles for grants-in-aid from the Consolidated Fund of India.
3. Address other financial matters referred by the President for fiscal stability.

Structure of the Finance Commission

Composition

● Chairman: Must have experience in public affairs.

● Four Members: Selected based on their expertise in:
○ Judiciary: A High Court judge or someone eligible for the position.
○ Finance: An expert in government finance and accounting.
○ Administration: An individual with extensive experience in finance and
administration.
○ Economics: A specialist in economics.

Key Provisions

● The Finance Commission (Miscellaneous Provisions) Act, 1951 outlines

the qualifications, powers, and service conditions of members.
● Members are appointed by the President and are eligible for reappointment.

Tenure and Disqualification

● Tenure: Members serve a term specified by the President and may resign by
addressing the President.
● Disqualifications: A person is disqualified if they:
○ Are of unsound mind.
○ Are an undischarged insolvent.
○ Are convicted of an offence involving moral turpitude.
○ Have financial or other interests impairing their duties.

Powers

● The Finance Commission has quasi-judicial authority and powers

equivalent to a civil court under the Code of Civil Procedure, 1908.

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Roles and Responsibilities

Key Responsibilities

1. Tax Sharing: Recommends the division of net tax proceeds between the
Centre and States, and among the States.
2. Grants-in-Aid: Suggests principles for grants from the Consolidated Fund of
India to States.
3. Local Bodies: Advises on measures to strengthen State Consolidated Funds
for supporting panchayats and municipalities, considering inputs from State
Finance Commissions.
4. Additional Matters: Provides recommendations on financial issues referred
by the President for fiscal stability.

Advisory Role

● The Finance Commission's recommendations are advisory and not legally

binding.
● Implementation is at the discretion of the Union Government.

Recommendations of the 15th Finance Commission

Formation and Focus

● Constituted on November 27, 2017, chaired by NK Singh.

● Formed amid significant fiscal changes, including:
○ Abolition of the Planning Commission.
○ Introduction of the Goods and Services Tax (GST).

Key Recommendations

1. Vertical Devolution:
○ Recommended 41% tax devolution (down from 42% recommended
by the 14th Finance Commission).
○ The 1% reduction accounts for allocations to Jammu & Kashmir and
Ladakh (Union Territories).
2. Horizontal Devolution:
○ Criteria to balance expenditure needs, equity, and performance:
■ Need-Based: Population, area, forest, and ecology.
■ Equity-Based: Income distance.
■ Performance-Based: Demographic performance, tax, and fiscal
efforts.

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3. Grants:
○ Revenue Deficit Grants: Defined as the difference between revenue
expenditure and revenue receipts (tax and non-tax).
○ Sector-Specific Grants: Linked to performance in identified areas.
○ State-Specific Grants: High-level committees at the state level to
monitor utilization.
○ Local Government Grants:
■ Distributed among states based on 90% population and 10%
area weightage.
■ No grants post-March 2024 if the State does not constitute a
State Finance Commission.
○ Disaster Risk Management Grants: Retained the existing
cost-sharing patterns between Centre and States.
○

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Implications of the 15th Finance Commission’s Recommendations

Positive Implications

1. Demographic Performance:
○ Rewards states with better socio-economic indicators.
○ Emphasizes recent demographics by shifting weightage to the 2011
Census.
2. Urban Development:
○ Challenge funds for million-plus cities encourage improved governance
and public services.
3. Resource Mobilization:
○ Rewards efficient tax collection, promoting resource mobilization and
fiscal discipline.
4. Fiscal Management:
○ Suggests a Fiscal Council to ensure debt sustainability and fiscal
discipline.

Negative Implications

1. Demographic Bias: States with controlled population growth (e.g., southern

states) perceive the 2011 Census weightage as a disadvantage.
2. Centralization: High-level monitoring committees risk enhancing central
control, potentially undermining fiscal federalism.
3. Reduced Grants: States argue reduced central tax grants limit fiscal
autonomy and development.
4. Data Transparency: Concerns over opaque methodologies affecting
credibility.

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Conclusion

The Finance Commission plays a critical role in ensuring fiscal equilibrium and
balanced development across India. While its recommendations have driven fiscal
discipline and resource allocation, challenges like reduced grants, demographic
biases, and concerns about transparency highlight the need for continuous reforms.
Strengthening the Finance Commission's processes and ensuring effective
implementation of its recommendations will remain key to fostering inclusive and
sustainable growth.

NATIONAL COMMISSION FOR SCHEDULED CASTES, SCHEDULED TRIBES,

AND BACKWARD CLASSES

Comparison of Bodies: Scheduled Castes, Scheduled Tribes, and Backward

Classes Commissions

Aspect Scheduled Castes Scheduled Tribes Backward Classes

(NCSC) (NCST) (NCBC)

Article Article 338, Part XVI Article 338A, Part XVI Article 338B, Part XVI

Evolution - Originally under - Initially part of NCSC. - Set up in 1993 as a

Article 338 for SCs - Separated by 89th statutory body per the
and STs. CAA (2003) into a Mandal case judgment
- 1987: Named distinct NCST in 2004. (1992).
National - 102nd CAA (2018):
Commission for SCs Accorded
& STs. constitutional status.
- 89th CAA (2003):
Separated into
NCSC and NCST in
2004.

Appointment By the President by By the President by By the President by

warrant under his warrant under his hand warrant under his hand
hand and seal. and seal. and seal.

Composition Chairperson, Chairperson, Chairperson,

Vice-Chairperson, Vice-Chairperson, and Vice-Chairperson, and
and three other three other members. three other members.
members.

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Tenure Determined by the Determined by the Determined by the
President; typically President; typically President; typically
three years, not three years, not three years, not
exceeding two exceeding two terms. exceeding two terms.
terms.

Reports Submits an annual Submits an annual Submits an annual

report to the report to the President; report to the President;
President; forwarded forwarded to forwarded to
to Parliament and Parliament and state Parliament and state
state governors for governors for state governors for state
state legislatures. legislatures. legislatures.

Civil Court Possesses civil court Possesses civil court Possesses civil court
Powers powers in specific powers in specific powers in specific
matters. matters. matters.

Other - Functions for - Oversees PESA Act - Advises on

Responsibiliti Anglo-Indian implementation. socio-economic
es communities. - Advises on reducing development of
- Previously handled tribal alienation and Socially and
OBC issues until improving Educationally
NCBC was formed in relief/rehabilitation Backward Classes.
2018. measures.

Comptroller and Auditor General of India (CAG)

Introduction

Dr. B.R. Ambedkar described the CAG as “the most significant officer under the
Indian Constitution.” Established under Article 148, the CAG is a constitutional
body responsible for ensuring financial accountability in government operations. It
independently audits government finances, reports irregularities, and oversees the
use of public funds to uphold transparency and accountability.

Appointment and Service Conditions of CAG (Article 148)

1. Appointment:
○ The CAG is appointed by the President of India.
2. Removal:

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 ○ Can only be removed through the same process applicable to a
Supreme Court Judge:
■ Initiated by the President.
■ Requires a special majority in Parliament.
■ Grounds include proven misbehavior or incapacity.
3. Oath:
○ The CAG takes an oath of office before the President or an appointed
official.
4. Service Conditions:
○ Salary, leave, pension, and retirement age are determined by
Parliament.
○ Until specified by Parliament, service conditions are outlined in the
Second Schedule.
○ No changes to service conditions can be made to the CAG's
disadvantage during their tenure.
5. Tenure:
○ Serves for 6 years or until the age of 65, whichever is earlier.
6. Reappointment:
○ The CAG is ineligible for any future government office in India or its
states post-tenure.
7. Administrative Powers:
○ Rules regarding the Indian Audit and Accounts Department are
determined by Parliament, while administrative powers are defined by
the President in consultation with the CAG.

Duties and Powers of the CAG (Article 149 and Related Provisions)

1. Constitutional Authority:
○ Article 149 empowers Parliament to define the CAG’s duties and
powers.
○ The CAG (Duties, Powers, and Conditions of Service) Act, 1971,
operationalizes these provisions.
2. Audit Responsibilities:
○ The CAG audits:
■ Expenditure from the Consolidated Fund (Centre, States, and
UTs with a Legislature).
■ Contingency Fund and Public Account of India and States.
■ Government trading, manufacturing, profit & loss accounts,
balance sheets, and subsidiary accounts.
■ Receipts and expenditures of the Centre and States, including:
■ Bodies and authorities substantially financed by
government revenues.
■ Government companies and other corporations as per
statutory requirements.

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 ■ Transactions related to debt, sinking funds, deposits,
advances, suspense accounts, and remittance business.
3. Additional Audits:
○ Audits receipts, stock accounts, or other matters as directed or
approved by the President.
○ May audit local bodies or authorities upon request by the President or
Governor.
4. Advisory Role:
○ Advises the President on the form of accounts for the Centre and
States under Article 150.
5. Reporting:
○ Submits audit reports to:
■ The President (for the Centre).
■ The Governor (for States).
○ These reports are tabled before Parliament or State Legislatures
under Article 151.
6. Tax Certification:
○ Certifies net proceeds of taxes or duties under Article 279.
7. Account Maintenance:
○ Maintains accounts of State Governments.
○ Relieved of this responsibility for the Centre in 1976 after
departmentalization of accounts.
8. Public Accounts Committee:
○ Acts as a guide, friend, and philosopher to this parliamentary
committee, which scrutinizes the CAG’s reports.
9. Independence:
○ No minister can represent or take responsibility for the CAG’s actions
in Parliament, ensuring independence.

Significance of the CAG

● Financial Oversight:
Ensures accountability in public spending and prevents financial
mismanagement.
● Institutional Independence:
Protected from political interference through secure tenure and removal
safeguards.
● Transparency and Accountability:
Facilitates democratic governance by highlighting irregularities in government
expenditure and operations.
● Advisory Role:
Guides the executive on improving financial management practices and
maintaining fiscal discipline.

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Office of the Comptroller and Auditor General (CAG) of India

Structure and Composition

The Comptroller and Auditor General of India (CAG) leads the Indian Audit and
Accounts Department (IAAD) and is assisted by:

1. Five Deputy Comptroller and Auditors General (DCAG), including:

○ The Chairperson of the Audit Board, who is one of the Deputies.
2. Four Additional Deputy Comptroller and Auditors General below the
Deputy CAGs.

This hierarchical structure ensures operational efficiency in auditing and reporting on

the financial management of the country.

Issues Related to the Office of CAG

1. No Comptroller Role:
○ The CAG lacks the authority to pre-approve government
expenditures, restricting its role to post-mortem audits after funds
are spent.
○ This reactive approach can delay corrective actions on irregularities.
○ Instance: Controversy over unapproved or excess spending in defense
procurements highlighted the limitations of a purely auditing role.
2. No Investigative Agency:
○ CAG lacks investigative powers to uncover corruption or malpractice,
relying solely on documentary evidence.

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 ○ Example: In cases like the Coal Block Allocation Scam, while the
CAG highlighted irregularities, it depended on investigative agencies to
probe further.
3. Appointment Concerns:
○ The appointment process is controlled by the executive, raising
concerns about potential political influence.
○ Instance: Critics have questioned the lack of transparency in
appointing key figures, impacting institutional neutrality.
4. Political Neutrality Issues:
○ Post-tenure acceptance of government-associated roles raises
concerns about impartiality.
○ Examples:
■ Vinod Rai: Former CAG, appointed as the BCCI administrator
and Bank Board Bureau chairman, which critics argue
undermined the perception of neutrality.
5. Questionable Audit Practices:
○ The use of presumptive loss estimates in reports sometimes
exaggerates financial mismanagement.
○ Example: In the 2G Spectrum Case, the CAG’s report estimated
losses of ₹1.76 lakh crore based on presumptive revenue, which was
later debated in court.
○ Administrative Audits: Lack of technical expertise in sectors like
defense or technology limits CAG’s ability to assess implementation
gaps accurately.

Reforms Needed for the Office of CAG

1. Collegium System for Appointment:

○ Introduce a collegium involving the Chief Justice of India (CJI),
Leader of the Opposition, and the Prime Minister to ensure
transparency and reduce executive dominance.
2. Multi-Member Body:
○ Transform CAG into a multi-member institution for enhanced
decision-making and objectivity in audits.
3. Mandatory Legislative Review:
○ Mandate time-bound discussions of CAG reports in Parliament and
State Legislatures to avoid delays in addressing critical findings.
○ Example: In some states, delays in tabling audit reports have caused
inaction on significant financial irregularities.
4. Ban on Post-Tenure Jobs:
○ Enforce a strict ban on post-tenure acceptance of government-related
roles, including part-time or honorary positions, to safeguard neutrality.
5. Expansion of Audit Authority:

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 ○ Extend CAG’s scope to include agencies like the CBI and other
public-sector enterprises for comprehensive financial oversight.

Conclusion

The CAG plays a pivotal role as a constitutional watchdog, ensuring transparency

and accountability in the financial management of public resources. However, its
limitations in pre-audit controls, investigative powers, and neutrality have led to
challenges in fulfilling its mandate. Reforms aimed at strengthening institutional
independence, expanding audit authority, and promoting political neutrality are
essential to enhance its effectiveness while mitigating issues like policy paralysis
caused by overzealous auditing.

Attorney General of India (AGI) and Advocate General of State (AGS)

Differences Between Attorney General of India and Advocate General of State

Aspect Attorney General of India (AGI) Advocate General of State

(AGS)

Article Article 76, Part V (Union Executive) Article 165, Part VI (State
Executive)

Position Highest law officer of India Highest law officer of the state

Appointment Appointed by the President Appointed by the Governor

Qualification Qualified to be a Judge of the Qualified to be a Judge of the

Supreme Court: High Court:

- Citizen of India - Citizen of India

- 5 years as HC Judge or 10 years - 10 years in judicial service or

as HC Advocate as an HC Advocate

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 - Eminent jurist (in President’s
opinion)

Tenure Not fixed; serves at the Not fixed; serves at the

President’s pleasure Governor’s pleasure

Salary Determined by the President Determined by the Governor

Resignation Submits resignation to the Submits resignation to the

President Governor

Removal No specific procedure or grounds No specific procedure or

Procedure mentioned in the Constitution grounds mentioned in the
Constitution

Duties - Advises the Government of - Advises the State

India (GoI) on legal matters Government on legal matters

- Represents GoI in legal cases in - Performs legal duties

Supreme Court/High Courts assigned by the Governor

- Represents GoI in SC references

under Article 143

Other - Not a full-time counsel; can - Right of audience in state

Functions practice privately courts

- Right to participate in - Right to participate in State

Parliamentary proceedings Legislature

- Enjoys privileges and immunities - Enjoys privileges of State

similar to MPs Legislators

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Limitations - Cannot act against GoI or defend Not specified in the
criminal accused without GoI’s Constitution
permission

Additional Notes

1. Solicitor General of India:

○ Assists the Attorney General but is not a constitutional position (not
mentioned in Article 76).
○ Functions as the second-highest legal officer of the country.
2. Privileges:
○ Both AGI and AGS enjoy audience rights in courts and privileges
similar to members of Parliament or State Legislatures, respectively.

Special Officer for Linguistic Minorities and Official Language

Introduction

India, with over 121 languages, reflects an unparalleled linguistic diversity,

forming the cornerstone of its cultural heritage. The 7th Constitutional Amendment
Act, 1956, introduced Article 350B, establishing a Special Officer for Linguistic
Minorities based on the recommendations of the States Reorganization
Commission (SRC).

The purpose was to address grievances of linguistic minorities and ensure their
constitutional safeguards. Notably, the original Constitution did not include such
provisions.

Constitutional Provisions Related to the Special Officer for Linguistic

Minorities

1. Origin:
○ Recommended by the States Reorganisation Commission (1956) to
protect linguistic minorities.
○ Incorporated as Article 350B in Part XVII of the Constitution.
2. Article 350B Provisions:
○ Appointment: By the President of India.

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 ○ Duty: Investigate matters related to constitutional safeguards for
linguistic minorities and report findings to the President.
○ Reporting: Reports are presented to Parliament and shared with
concerned state governments.
3. Establishment:
○ Created in 1957 as the Commissioner for Linguistic Minorities
under Article 350B.
4. Headquarters and Offices:
○ Headquarters in Allahabad (Prayagraj), Uttar Pradesh.
○ Regional offices:
■ Belgaum (Karnataka).
■ Chennai (Tamil Nadu).
■ Kolkata (West Bengal).
○ Communicates with states and UTs through designated nodal officers.
5. Tenure and Conditions:
○ The Constitution does not define qualifications, tenure, salaries,
allowances, or removal procedure.
○ Functions under the Ministry of Minority Affairs.

Vision, Mission, and Functions of the Commissioner for Linguistic Minorities

Vision

● Strengthen the machinery for implementing constitutional safeguards

effectively.
● Protect the rights of minority language speakers and ensure inclusive
development.

Mission

● Ensure States and UTs implement safeguards and the National Scheme of
Safeguards for linguistic minorities.
● Promote equal opportunities for linguistic minorities.

Functions

● Investigate issues related to constitutional safeguards for linguistic minorities.

● Report to the President on the status of implementation of these safeguards.
● Conduct surveys, visits, conferences, and seminars to ensure the protection
of linguistic minorities.

Objectives of the Commission for Linguistic Minorities

1. Equal Opportunities: Ensure linguistic minorities have equal opportunities for

development and contribute to national integration.

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 2. Awareness and Safeguards: Raise awareness about constitutional
safeguards for linguistic minorities.
3. Implementation Assurance: Ensure effective implementation of safeguards
across States and UTs.
4. Grievance Redressal: Address grievances of linguistic minorities and protect
their interests.

Issues Related to Linguistic Minorities in India

1. Undefined Status:
○ The Constitution does not explicitly define linguistic minorities.
○ Generally determined by numerical inferiority, non-dominant status,
and distinct identity within a state.
2. Socio-Economic Backwardness:
○ Exclusive reliance on minority languages can contribute to
socio-economic marginalization.
3. Vulnerability:
○ Many minority languages are endangered due to lack of institutional
support.
4. Dominance of Majority Language:
○ Minority groups often adopt the majority language for socio-economic
advancement, leading to challenges in accessing education or
affirmative action in their mother tongue.

Relevant Court Cases

1. DAV College v. State of Punjab (1971):

○ Defined linguistic minorities as groups with a distinct spoken
language, regardless of the script used.
2. T.M.A. Pai Foundation v. State of Karnataka:
○ Clarified that linguistic minority status should be determined at the
state level, not nationally.

Safeguards for Linguistic Minorities

Constitutional Safeguards

● Article 29: Protects the distinct language, script, and culture of citizens.
● Article 30: Provides linguistic minorities the right to establish and administer
educational institutions.
● Article 347: Allows for the recognition of minority languages as official
languages within states.
● Article 350: Ensures the right to submit grievances in any official language.
● Article 350A: Mandates primary-level education in the mother tongue for
linguistic minorities.

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 ● Article 350B: Establishes a Special Officer for Linguistic Minorities to
investigate and report on safeguards.

Ministry of Minority Affairs Scheme (2023)

● Translating rules and notices into minority languages.

● Declaring minority languages as second official languages in districts with
significant minority populations.
● Ensuring mother tongue instruction at primary and secondary education
levels.

Responsibility for Safeguarding Linguistic Minorities

1. State Governments/UTs:
○ Appoint nodal officers to actively cooperate in safeguarding the
interests of linguistic minorities.
○ Implement recommendations from the Commissioner for Linguistic
Minorities.
2. Central Government:
○ Oversee and assist states in implementing national schemes and
constitutional provisions.

Official Language in India

India does not have a national language. Part XVII of the Constitution (Articles 343
to 351) addresses the concept of official language and is divided into four sections:

1. Language of the Union.

2. Regional Languages.
3. Language of the Judiciary.
4. Texts of Laws and Special Directives.

Language of the Union

1. Article 343:
○ Clause (1): The official language of the Union is Hindi in the
Devanagari script. The international form of numerals is used for
official purposes.
○ Clause (2): English was allowed as an official language for 15 years,
up to 1965.
○ Clause (3): Parliament has the power to continue the use of English
after 1965 through legislation.
2. Article 344:

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 ○ The President must appoint a Commission every five years (initially)
to review the use of Hindi and make recommendations regarding:
■ Progressive use of Hindi for Union purposes.
■ Restrictions on the use of English.
■ Language to be used for specific Union purposes.
■ The form of numerals to be used for Union purposes.
■ Communication between the Union and the States.

Official Language Commissions

1. First Official Language Commission (1955):

○ Appointed by the President and chaired by B.G. Kher.
○ The Commission submitted its report in 1956, recommending steps to
promote Hindi while ensuring the continued use of English for
transitional purposes.
2. Second Commission:
○ A second Commission was not appointed in 1960, as originally
envisioned in Article 344.

Official Languages Act of 1963

1. This Act allows for the continued use of English alongside Hindi for all
Union official purposes and parliamentary business beyond 1965.
2. All parliamentary bills must be accompanied by a Hindi translation.
3. Certain state acts and ordinances also require Hindi translations to ensure
accessibility for the Hindi-speaking population.

Promoting Hindi as a National Language

Article 351: Directive for the Development of Hindi

1. Union’s Duty:
○ Promote the spread of Hindi so it serves as a medium of expression for
India’s composite culture.
2. Enrichment of Hindi:
○ Incorporate forms, style, and expressions from Hindustani and other
Eighth Schedule languages.
○ Expand vocabulary, primarily drawing from Sanskrit and secondarily
from other languages.

Official Languages Recognized in the Eighth Schedule

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 Language Added By

Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Original

Malayalam, Marathi, Oriya, Punjabi, Sanskrit, Tamil, Telugu, Constitution (1950)
Urdu

Sindhi 21st Amendment

Act (1967)

Konkani, Manipuri, Nepali 71st Amendment

Act (1992)

Bodo, Dogri, Maithili, Santhali 92nd Amendment

Act (2003)

● Current Status (2023): The Eighth Schedule recognizes 22 official

languages (originally 14). Hindi remains one of the official languages.

Hindi as a National Language: Pros and Cons

Pros of Hindi as a National Language

Aspect Details

Widespread Usage According to the 2011 Census, 43.63% of Indians can speak
Hindi, aiding communication.

Cultural Unity Promoting Hindi fosters a shared cultural identity, contributing

to national integration.

Administrative A common language could enhance efficiency, reduce

Efficiency multilingual challenges, and simplify government processes.

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Economic Standardizing Hindi could lower translation costs and facilitate
Advantages smoother business transactions.

Cons of Hindi as a National Language

Aspect Details

Linguistic Diversity Imposing Hindi might undermine India's rich linguistic

diversity.

Cultural Imposition Promoting Hindi could be perceived as imposing one

culture over others.

Political Sensitivities Imposing Hindi might trigger political tensions and

conflicts.

Resistance from Non-Hindi-speaking states may resist, potentially leading

Non-Hindi States to linguistic regionalism.

Educational Challenges Adapting to a Hindi-centric curriculum could be difficult

for non-Hindi-speaking regions.

Classical Language and Its Status

Criteria for Classical Language

1. High Antiquity:
○ The language must have texts or a recorded history spanning 1500
to 2000 years.
2. Ancient Literature:
○ It must have a rich body of ancient texts considered a valuable
heritage by its speakers.
3. Original Literary Tradition:
○ The literary tradition should be original and not borrowed from other
communities.
4. Distinct from Modern:

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 ○ The classical language must be distinct from its later forms or
offshoots.

Classical Languages Declared by India

Language Year of
Declaration

Tamil 2004

Sanskrit 2005

Telugu 2008

Kannada 2008

Malayalam 2013

Odia 2014

Benefits of Classical Language Status

1. Financial Assistance:
○ Funding for establishing centres of excellence for studying the
language.
2. Awards:
○ Two major awards are granted to scholars of eminence in the classical
language.
3. University Support:
○ Universities, through the University Grants Commission (UGC), can
establish professional chairs for classical languages, primarily in
Central Universities.

Conclusion

The role of Special Officer for Linguistic Minorities and the recognition of official
and classical languages underscore India's commitment to preserving its rich
linguistic diversity. Promoting Hindi while respecting regional languages ensures
inclusivity in a multilingual society. Efforts must continue to balance linguistic

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development and integration while preserving the distinct identities that form the
mosaic of India’s national culture.

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