Topic 8: Appointment to various Constitutional posts, powers,

functions and responsibilities of various Constitutional Bodies

Key concepts: Constitutional Bodies – Election Commission –
Disqualification of MP / MLAs - UPSC, SPSC, CAG – Article 149 - Criticisms –
Political Fallouts of Audit Reports - Finance Commission - Article 280 –
Mandate – Issues arising out of it - National Commission for Schedule
Castes/ Schedule Tribe / Backward Classes

TABLE OF CONTENTS
ELECTION COMMISSION OF INDIA.............................................1
Disqualification of MP / MLAs...................................................3
UPSC, SPSC, CAG, Article 149...................................................4
FINANCE COMMISSION.............................................................7
NATIONAL COMMISSION FOR SCHEDULE CASTES AND NATIONAL
COMMISSION FOR SCHEDULE TRIBES........................................9
NATIONAL COMMISSION FOR BACKWARD CLASSES..................11

ELECTION COMMISSION OF INDIA

Election Commission of India is a 3 member, permanent and Independent
body established under Article 324 of Indian Constitution to ensure that
free and fair elections are conducted.
 Conducts elections of – Parliament, State legislatures, VP and
President
 For local bodies – state election commission
Powers and functions
How Independence is ensured
(article 324) – a circle and 4
arrows

1. Security of tenure 1. Administrative

2. Removal process similar as a. Prepare and revise
of SC judge – salary and electoral rolls
conditions also b. Notify election dates and
3. Service conditions cannot be schedule
altered to their disadvantage c. Enforce MCC
4. Other election d. Register political parties,
commissioners cannot be give them status and allot
removed except on a them symbols
recommendation by CEC e. Cancel polls if rigging,
booth capturing, violence
Key Initiatives or any other irregularities
The Election Commission has f. Determines territorial
continuously evolved and areas by delimitation
transformed to ensure that commission
democracy thrives in India by 2. Advisory and quasi judicial
adapting its methods to conduct bodies
free and fair elections. a. Under article 103 and 192
1. Electoral photo identity card – advices on post election
(EPICs) in 1993 – prevent disqualification with
electoral fraud binding opinion on
2. EVMs – enhance reliability President and Governor
and efficiency b. Sec 10A of ROPA 1951 –
3. Mandatory declaration of disqualify candidates who
assets and criminal cases fail to account election
4. Improvements in expenses
enforcement of MCC c. Article 324 – court of
5. Guidelines for state owned disputes for matters
media related to recognition of
6. Media certification and political parties
monitoring Committee d. Advises the president on
(MCMC) – district and state whether elections can be
levels to certify and monitor held under a state which
political ads and paid news. is under president rule.
7. 2017 – predictions by See article or provision
astrologers, political analyst
etc cannot be published and
amounts to exit polls

Issues Way forward

1. No specific qualifications 1. EC should get same security

mentioned in constitution - of tenure as CEC
risks politicization and 2. Charge budget directly from
undermine institutions CFI
credibility 3. 255TH Law commission report
2. No fixed term, EC don’t have – collegium of PM, LOA and
same security of tenure as CJI for appointment of CEC
CEC and EC + Dinesh Goswami
3. No restriction or cooling committee recommended
period from joining political same
party or accepting office of 4. Own independent secretariat
profit after retirement (2nd ARC)
4. Budget of ECI not Charged on 5. Goswami committee –
consolidated fund of India (electoral reforms)
5. Limited powers of disqualification (use a. Refer any matter for
5 and 6 in way forward and reforms) investigation to any
a. False affidavit or agency
suspension of material b. Prosecute any person who
information not a ground has committed electoral
to challenge election or offence
reject nomination papers c. Appoint special court for
under ROPA, 1951 trial of such offences
 b. Misuse of religion a 6. Regulate and penalize for
corrupt practice under freebies
ROPA but not subject to 7. Mandatory cooling off period
ECI inquiry and restrictions post
6. Political parties retirement
a. No role in enforcing inner 8. Deregister political parties
party democracy (Law commission 2015 +
b. Register political parties Goswami committee)
but cannot de register
c. Freebies in elections Cases
d. Using religion and caste 1, GOT vs M/s Gemini TV – Prior
e. Breaching money limit approval of EC for all political
7. Miscellaneous advertisements before aiing
a. Increasing influence of
Social media and AI use
b. Frequent and costly
elections

Appointment
Earlier – appointed by President on aid and advice of council of ministers
(generally law minister and PM)
Anoop Baranwal vs UOI 2023 – CEC and EC appointed by PM, LOA and
CJI until parliament makes any law
The CEC and Other Election Commissioners Act, 2023 –
1. forms a selection committee of PM, union cabinet minister and LOA
or leader of largest party in opposition.
2. Search committee led by cabinet secretary will recommend names
to selection committee
3. Salary and conditions equal to cabinet secretary
4. Removal as SC judge + EC same as before
Challenges
1. Dominance of executive affects neutrality – ECI independence
should not just exist but also should be visible
2. Lacks public scrutiny and institutional checks – transparency
challenges
3. Contrary to SC’s view and earlier recommendations
4. Salary and conditions as cabinet secretary
Way forward
1. Selection commission to be neutral – changes by judicial
interpretation, public pressure and political will
2. Salary and conditions should be as SC judge
Global practices –
 1. USA – Senate consent required
2. France – joint appointment by president, legislature and judiciary
Therefore, the guardian of elections requires institutional safeguards to
protect its autonomy.
Other topics like delimitation etc afterwards

Disqualification of MP / MLAs
Disqualification of an MP or MLA is prescribed under 3 provisions which are
Article 102 (1) and 191(1), tenth schedule and RPA 1951
1. Article 102 (1) and 191 (1) – holding office of profit, unsound mind,
insolvent or not having citizenship
2. 10th Schedule – for defection
3. RPA, 1951 – conviction in criminal cases (cover under RPA only)
Anti Defection Law
Anti defection law was added by 52nd constitutional amendment act as
tenth schedule to curb political defections and ensure govt stability.
Examples –
1. Madhya Pradesh: 22 Congress MLAs resigned, causing the fall of the
government. Karnataka: In 2019, the Congress government collapsed
after 17 MLAs resigned. Manipur: In 2017, seven Congress legislators
joined BJP.
2. Data: Between 2016 and 2020, 45% of defected MLAs joined BJP; 42%
left Congress.
Criteria for disqualification – (disqualified by presiding officer based on
petition on other house member)
1. Elected members – voluntary giving party membership or
disobeying directives (whip)
2. Nominated – if six months after nomination joins party leads to
disqualification
3. Independent candidates – if joins party disqualified
Exception – 2/3rd legislators join another party
Implications of Arguments in Arguments Reforms/ way forward
defections Favor of Anti- against
Defection Law
1. Disrupts 1. Supports 1. Undermine 1. Law Commission
government small parties role of 170th Report: Delete
functioning and who have political split and merge
policy less financial autonomy exemptions; treat
implementation support and pre-poll fronts as one
. 2. Ensures govt individual party.
2. Creates stability and identity 2. Halim Committee:
lawlessness party loyalty 2. Supress Define 'voluntarily
due to political 3. Prevents dissent giving up
power mal and membership';
struggles. practices freedom of 3. EC to advice
3. Promotes and speech president and
horse-trading, deterrent and governor instead of
undermining against expression Speaker due to
democratic defection 3. Undemocr political bias (2nd ARC)
mandates. 4. Builds voters atic by 4. Keisham
4. Damages the trust some as Meghachandra Singh
dignity and 5. Prevent voters v. The Hon’ble
integrity of policy elect Speaker, Manipur
political parties. paralysis individuals Legislative Assembly
5. Encourages 6. Promotes and not & Ors. – SC said for
corruption and party parties independent tribunal
financial discipline 4. stifles for impartial
influence. and in a way independe decisions,
regulate nt debate 5. SA Sampath Kumar
internal and vs. Kale Yadaiah and
affairs of discourage Others - 3 month time
party s dissent period for speaker to
on critical decide
issues. 6. ECI to regulate inter
Ex – farm party democracy
laws

UPSC, SPSC, CAG, Article 149

PSC, UPSC, SPSC
Provisions- Article 312 – Parliament entitled to create one or more All India
services (all India judicial service also). Article 315 – 321 – Part XIV –
provisions regarding UPSC and SPSC. Came from 1935 act. Constituted in
article 315
Difference – UPSC (President appoints, 6 years or 65 years), SPSC
(Governor, 62 years)
Similarities –
1. Removal – article 317 – president on insolvency, holding of office of
proifit, infirmity of mind, misbehaviours. Advice of SC is binding on
president.
2. Term – cannot serve a second term and ineligible for further govt
employment except as chairman of UPSC (if a member before)
3. Qualification – no prescribed qualification
4. Role – watchdog of merit system, provides advisory
recommendations and is a central recruiting agency
Independence of PSC Limitations of PSC
1. Article 317 – security of tenure 1. Not consulted in –
and Removal only in specific a. Making reservation for
situations backward classes
2. Conditions of service cannot b. Claims of SC and STs in
vary for their disadvantage appointments
3. Entire expense charged on c. Selection of chairman and
consolidated fund of India members of commission
4. Chairman cannot be reappointed and tribunals
and not eligible for further d. Selection for temporary or
employment officiating appointment to a
post
2. Recommendations are not
binding

Challenges Recommendations (2nd ARC)

1. Credibility issues due to 1. Minimize subjective judgement
frequent incidents of question and discretion in selection
paper leaks. BPSC leak in 2022, 2. Prioritize written examination
SSC in 2025 and less emphasis on interviews
2. Allegations of corruption and 3. Reasonable limit on number of
malpractices (writ petition in members to ensure efficiency
and effectiveness
Karnataka HC against Karnataka
4. Decentralizing recruitment for
PSC)
junior posts
3. Arbitrary appointments – SPSC 5. Standardize recruitment
entirely at discretion of SPSC. Ex practices
– in 2017, Madras HC invalidated Other-
appointment of 11 members to 1. Regular conduction of
Tamil Nadu PSC as arbitrary and examination by state PCSs
procedural irregularities 2. Effective mechanism to control
4. Recommendations are advisory paper leaks
Comptroller and Auditor general of India
Article 148 of the Indian constitution establishes an independent CAG as
the supreme audit institution which ensures executive accountability to
legislature. She/ he is the head of Indian audit and account department
and chief guardian of Public Purse.
Article 148: Appointment, oath and conditions of service of CAG
  Appointed by president, term of 6 years or until age of 65
 Removal same as SC judge, salary also
 Resignation to president
 President in consultation with CAG prescribes service conditions for
CAG staff and administrative power
Article 149 – authorizes parliament to define duties and powers of CAG –
Parliament formulated CAG’s (Duties, Powers, and Conditions of Service)
Act, 1971. (amended in 1976 to separate accounts from audit in the
central government. However for state governments, the CAG continues
to manage both audit and accounts.)
Changing role – Example
Duties and Role
1. As an auditor 1. Now auditing Vinod Rai, CAG
a. Of consolidated PPP projects (2008-13)
fund, contingency 2. Framework for Disclosed
fund and public rural and urban 1. Coal scam
account of each local bodies 2. 2010
state and centre 3. Better commonwe
b. Of govt communication alth games
subsidiaries (Indian of reports to 3. Wasteful
railways) and people -> this expenditure
subsidiaries can act as a on public
financed by govt check on where subsidy
(Prasar Bharti, CSIR the money is to 4. 2g
labs) be spent -> spectrum
2. As financial social audit scam
administrator – 4. Big data
a. Ascertains management 2023 – found
revenue and policy 2016 and irregularities in
ensures centre for data the Bharatmala
accountability of management Highway Project
executive and analytics ->
3. As anti corruption 2017 India
institution hosted
a. Ensures financial commonwealth
accountability and Auditors
transparency general
b. Fiscal watch by conference
proprietary audits 5. Audited UN
c. Expose corruption headquarters
and misuse of govt also
money ex – coal
scam

Challenges Recommendations
1. Appointed solely by 1. 2nd ARC – multi member
executive with no body for appointing CAG
 legislative involvement with role of opposition also
and clear qualifications In UK – jointly selected by PM and
(arbitrary and lack of Chaiman of committee on public
transparency) accounts and ratified by house of
commons
2. Not empowered to do 2. PAC report 2015 – 16 and
performance audit which Montek Singh Ahluwalia
is crucial to check suggested to include
efficiency and performance audit
effectiveness 3. Vinod Rai – include NGOs,
3. Limited power to audit PPP, ULBs etc as they are
NGOs, PRIs and ULBs key channels for govt
schemes
4. International 4. INTOSAI recommended for
organization of the regular peer-to-peer
Supreme Auditing assessments (once in
Institution (INTOSAI) 3 years) for quality check
Analyzed CAG reports
and found that 50% of
reports were not
supported by enough
evidence
5. Delay in tabling of 5. 2nd ARC and PAC – Time
reports in legislature. In bound procedure for tabling
2023 only 18 as CAG reports (Preferably one
compared to 40 per year year)
between 2014 – 2018
6. Challenges in obtaining 6. CAG having statutory power
necessary documents. for RTI and imposing
Ex – 1999, Karnataka penalties if not shared
govt refused to share
files related to police
personal postings
Increase coordination
between CAG and internal
auditors
Timely submission of audit
reports
Amending the 1971 act to
keep pace with changes

Duty to uphold the Constitution of India and the laws of Parliament in the
field of financial administration
FINANCE COMMISSION
It is a constitutional body established in every 5 year under article 280 of
Indian constitution. It ensures fiscal federalism by equitable distribution of
resources between centre and state governments.
Composition – Chairman + 4 members with expertise in finance,
economics or public administration.
Functions –
1. Recommends sharing of net tax proceeds b/w union and states and
among different states
2. Grants in aid for revenue deficit states
3. Measures for local body resources and grassroots governance
4. Advises fiscal discipline, public expenditure and other financial
matters referred by president
5. Reviews arrangements for financing disaster management initiatives

Challenges Reforms
1. Vague criteria for chairman 1. Using reliable data, robust
and members leads to methodologies and experts
politically connected to increase effectiveness
individuals then experts 2. Terms of reference to be
2. Any other matter in article prepared by transparent and
280 is sometimes exercised consultative process
to curb commissions 3. Timely commission of state
independence and scope FCs
(TOR) 4. Incorporate performance
3. Criteria criticized for revenue based incentives by
distribution. Ex -southern rewarding states who have
states opposed use of 2011 progress
census in 15th commission 5. Less tax should be collected
4. States finance commission from cess and surcharge
delays makes it difficult to
ascertain local bodies
financial needs
5. No institutional mechanism
for coordination b/w Finance
commission, states and GST
 council
6. Centre generating more fund
from cess and surcharge
16 Finance commission – Arvind Panagariya (chairperson) – report on 31 st
th

October 2025
Prepare for 16th and see difference with 15th when it comes
It is the balancing wheel of fiscal federalism

NATIONAL COMMISSION FOR SCHEDULE CASTES AND

NATIONAL COMMISSION FOR SCHEDULE TRIBES
NCSC NCST
Constitutional body made under constitutional body established
Article 338 to monitor and under Article 338A to focus on
investigate issues releated to safeguarding and promoting the
social, economic and educational welfare of Scheduled Tribes.
development of SCs.
Functions – Functions –
1. Investigate, monitor and 1. Propose safeguards for right
evaluate all matters related of tribal communities over
to SCs mineral and water resources
2. Enquire into specific 2. Recommend measures to
complaints confer ownership rights of
3. Participate and advice on minor forest produce to STs
socio economic development 3. Strategies to promote
of SCs development of tribals
4. Report to president regarding 4. Improvements in relief and
safeguards and other rehabilitation measures
measures 5. Recommend steps to
5. Make recommendations for prevent alienation of tribal
effective implementation of lands
safeguards 6. Ensure implementation of
Provisions of Panchayats
(extension of SC areas) act,
1996
7. Reduce and eliminate
practice of shifting
cultivation
Powers – Examples –
1. Regulate its own procedure 1. Intervened in Polavaram
2. While investigating or project in 2021 to protect
inquiring have powers of a rights of Koya and Konda
civil court Reddy tribes – adequate
3. Summon and enforce compensation and
attendance of any person alternative arrangement
4. Receive evidence on recommended
affidavits and requisitioning 2. Not able to safeguard
any public record Dongria Kondh community
 5. Mandatory for Centre and from Vedanta development
states to consult policies project
affecting SCs 3. People’s Linguistic Survey of
India reporting that 250
tribal languages have
disappeared. The NCST has
not effectively addressed
this issue.
Challenges - Challenges –
1. Decisions are only advisory in 1. 2023-24 met only 2 times,
nature. K. K. Murugesan v. resolution rate is only 50%
The State of Tamil Nadu & 2. Delayed appointments – no
Others – NCSC cannot issue chairperson from June 2023
specific directives or interfere – feb 24, feb 2024 – all post
in service matters vacant
2. NCSC, NCST and NCBC 3. Feb 2023 – 70 posts out of
annual reports not public for 124 vacant
up to 7 years. NCSC not 4. Standing Committee on
submitted report to president Social Justice and
from last 2 years Empowerment, the NCST
3. Often face vacancies for has not delivered a single
longer duration. 2023 SC report to Parliament since
pushed for quick 2018
appointments 5. Govt in majority cases do
4. Criticized for having elite bias not consult NCST – violation
5. Underreporting of atrocities of Article 338A (9)
and lack of political will
6. Lack of financial and human
resources
7. Annual reports not discussed.
2019-20 reports pending till
June 2024
Recommendations – 2nd ARC, 7th Recommendations – centre for
report on capacity building for policy research in Study of
conflict resolution performance of the National
1. Vacancies to be filed, Commission for Scheduled Tribes
qualifications should be report recommended
clarified and process to be 1. Clear qualifications of
institutionalized chairperson and members
2. More autonomous, power to 2. Timely appointments
review and monitor 3. Govt should mandatorily
implementation of laws and consult NCST
polices concerning SCs 4. Parliamentary committee on
3. Increased focus on social NCST – give sufficient funds
safeguards 5. Strengthening regional
4. Sufficient financial autonomy offices
5. Collaboration with civil 6. Collaboration with NGOs and
society organizations Civil Society organizations
7. More active role in public
Compartmentalization of NCSC for awareness
each to focus on specific areas

8.6% population

National Crime Records Bureau.

Crimes against SCs and STs rose
by 9.4% and 9.3%, respectively,
compared to 2019.

E.g.: NCRB data shows a spike in

the number of cases filed under
SC/ST Prevention of atrocities act
which shows the discrimination
16.6% population and atrocities are only increasing
E.g.: The case of Rohith Vemula
reflects that discrimination is not
only due to backwardness,
illiteracy, and awareness in the
society but is omnipotent and is
practised in best of the best
universities and workplace. The
commission has been ineffective
in preventing the same

NATIONAL COMMISSION FOR BACKWARD CLASSES

NCBCs is a constitutional body under Article 338B Indian constitution
established by 102nd constitutional amendment, 2018 to monitor and
investigate matters relating to safeguards and Welfare of Other Backward
classes (OBCs). Advices parliament and president on issues concerning
OBCs.
 Earlier it was a statutory body under National commission for
Backward classes act in 1993
 338B – examine complaints and welfare measures regarding socially
and educationally backward classes
 342A – president to specific socially and educationally backward
classes in consultation with governor
Working of NCBC –
1. Advised govt on key issues like sub categorization, creamy layer,
reservations in private sector and NEET
2. Redressing complaints like denial of caste certificates, harassment
of OBC students etc
3. Advised on socio economic development of OBCs

Duties of NCBC –
1. Investigating and monitoring welfare measures
2. Inquiry into grievances
3. Advising and making recommendation to govt
4. Centre and state needs to consult with NCBC
5. Submit annual reports to president
Suggestions –
1. Timely appointments with clear qualifications that are required
2. Expand power to enforce recommendations
3. Conducting regular surveys and using advance tool for exact data to
ensure better policy formulation
4. Collaborating with other commissions to coordinate welfare
programs
Dr. Bhagwan Lal Sahni, former Chairman of the 8th NCBC, suggests that
the government should provide sufficient staff, logistical support, and
funding to ensure the Commission functions effectively and serves the
interests of backward classes in India.
Subcategorization of OBCs and SCs
1. To ensure more disadvantaged sections can assess reservation
benefits, preventing dominant OBC/SC caste from monopolizing
them.
2. States like Andhra P, Bihar, Maharashtra, TN implemented sub
categorizatuion, centre OBC lacks this distinction
3. To address this Rohini Commission was set up in 2017 (proposed a 4
category formula for equitable distribution of 27% quota of OBCs)
4. State of Punjab vs Davinder singh - In 2024, Supreme court held
that Subclassification within the SCs does not violate Article 341(2)
as caste is not included or excluded . Leads to substantive equality’
(Weakest first approach to empower the most marginalised among
the SCs and the STs.)
 5. Challenges – leads to inter caste discrimination and conflicts and
political tinkering for vote bank politics
6. History
[Link] Backward Class Commission report (1955): Proposed sub-
categorization of OBCs into backward and extremely backward
communities.
[Link] Commission report (1980): Dissent note by member L R
Naik proposed sub-categorization in intermediate and depressed
backward classes.
c. National Commission of Backward Classes (2015): Proposed that
OBCs be divided into the following three categories: Extremely
Backward Classes, More Backward Classes, Backward Classes
(BC-Group C) comprising those comparatively more forward
7. 105th Constitutional Amendment Act, 2021 has restored state
governments' power to prepare Socially and Educationally Backward
Classes (SEBC) list.
8. Data findings - Data analysis(2018)- 1.3 lakh central jobs and
admissions to central higher education institutions given under OBC
quota:
a. 24.95% of these jobs and seats have gone to just 10 OBC
communities.
b. 97% of all jobs and educational seats have gone to just 25% of all
sub-castes classified as OBCs.
c. Representation in recruitments and admissions: 994 OBC sub-
castes have a total representation of only 2.68% in recruitment and
admissions.

Department of Personnel and Training, annual report(2018)- OBC

recruitment in central jobs is considerably low.
a. Not a single professor and associate professor appointed under
the OBC quota in central universities.
b. Posts reserved for them were being filled by people of general
category as OBC candidates were declared 'None Found Suitable'
(NFS).
While giving NBFC constitutional status is a step in the right direction,
other measures such as sub-categorization of OBCs, political will for
proper representation is needed to ensure comprehensive and holistic
development of the OBCs.
Caste Census – cover in detail