CHAPTER - 19 CONSTITUTIONAL BODIES

1.CIVIL SERVICES IN INDIA

  • A democratic government can function smoothly only with the help of component and well organized permanent Civil Services
  • The ministers in a parliamentary form of government are amateurs. There is no educational qualification prescribed for a minister
  • The ministers are not So a permanent band of officers and servants are essential to keep the functions of the government efficient and sufficient to keep the government machine on the run.
  • This is true in every system of government. In India the Civil Services were created by the British
  • The Civil Services in India are divided into two namely the All India services and State Services.

Public Service Commission’s:

  • Articles 315 to 323 of Part XIV of the constitution, titled Services Under the Union and the States, provide for a Public Service Commission for the Union and for each state.
  • Article 315 provides for the Union Public Service Commission. There is Public Service Commission for each state. Two or three states may have a common service commission.
  • The Chairman and members of the Union Public Service Commission are appointed by the President of India.
  • The members and chairmen of the state public service commissions are appointed by the Governor of the state concerned.
  • The members of the Public Service Commissions are appointed for a period of six years or-attainment of sixty five years in the case UPSC and sixty two years in the case of State Public Service Commissions
  • The UPSC conduct civil service examination and fixed qualification etc., Then it recommended to Ministry of Public affairs. The UPSC is a advisory body only.
  • The members of the Service .Commissions may resign their office. They may be removed by the president for misbehavior. But he has to refer the matter to the Supreme Court, which conducts an enquiry on the matter submits a report.
  • The President and the Government have right to decide the number of members in the Commissions at the Union and State level respectively

The Constitution prescribes the functions of the Public Service Commissions

  • Conducting examinations personnel to the public services of the Union and the States
  • Assisting the states in framing and operating schemes of joint recruitment of two or more states  on request to the UPSC.
  • Advising the Union and the States on matters related to methods of recruitment to civil services, on principles to be followed in matters of promotions, transfers, etc of the members of the civil services ,on matters related to disciplinary actions on the members of the services, on schemes of pension and on any other matter the Government wants its advice.

ELECTION – ELECTION COMMISSION

  • Article 324 of the Constitution .provides that the power of superintendence, direction and control of elections to parliament, state legislatures, the office of President of India and the office office-president of India shall be vested in the Election Commission. (except local self government election – state election commission )
  • The Chief Election Commissioner heads the Election Commission of India; The President of India appoints the Chief Election Commissioner and two Election Commissioners.
  • They have tenure of six years, or up to the age of 65 years, whichever is earlier.
  • In l990, Dinesh Goswami Committee recommended that the Election Commission be a three – member body. Also, at its constitution Chief Justice & leader of the opposition ought to be consulted. (Thus Art-324 was amended).
  • Upto 1989 1 member body from 1989-90 Three member body 1990-93 1 member body from1993 it is at three member body.
  • The Chief Election Commissioner can be removed from office before expiry of his term by the President on the basis of a resolution passed by the Parliament by a special majority on the ground of proven misbehavior or incapacity (same as that of Judge of Supreme Court)
  • The Chief Election Commissioner can be removed from office only through impeachment by Parliament.
  • The other Election Commissioners maybe removed by the President on the recommendation of the Chief Election Commissioner;

Functions

  • Preparation of electoral rolls & keep voters list updated. The electoral roll is normally revised every year to add the names of those who have turned 18 on the 1st January of that year or have moved into a constituency and to remove the names of those who have died or moved out of the constituency
  • Preparation of code of conduct for all political parties
  • Recognition of various political parties & allotment of election symbols
  • Appointment of election officers to look into disputes concerning election arrangements. To examine the returns of election expenses filed by the candidate

3.COMPTROLLER AND AUDITOR GENERAL

  • Provisions regarding the Comptroller and Auditor General (CAG) are given under Articles 148 – 151. He is appointed by the President for full term of 6 years or 65 years of age whichever is earlier. The Comptroller and Auditor General (CAG) of India is an authority, established by the Constitution of India.
  • Under Chapter V of the Indian Constitution, CAG audits all receipts and expenditure of the Government of India and the state governments, including those of bodies and authorities substantially financed by the government.
  • The CAG is also the external auditor of government-owned The reports of the CAG are taken into consideration by the Public Accounts Committees, which are special committees in the Parliament of India and the state legislatures.
  • The CAG of India is also the head of the Indian Audit and Accounts Department. The CAG maintains accounts of center and states and he audit the accounts of center and states and submit report to president and governor

ATTORNEY GENERAL OF INDIA

  • Art 76 deals with attorney general of India
  • He is appointed by the President he must be a person who is qualified to be appointed a judge of the supreme court.

Duties and Functions

  • As the chief law officer of the Government of India, the duties of the AG include the following

1.To give advice to the Government of India upon such legal matters, which are referred to him by the president.

2.To perform such other duties of a legal character that are assigned to him by the president.

3.To discharge the functions conferred on him by the Constitution or any other law.

  • To appear on behalf of the Government of India in all cases in the Supreme Court in which the Government of India is concerned.
  • To represent the Government of India in any reference made by the president

Rights and Limitation

  • The Attorney general has the right of audience in all courts in the territory of India. Further, he has the right to speak and to take part in the proceedings of both the Houses of Parliament or their joint sitting and any committee of the parliament of which he may be named a member, but without a right to vote.

ADVOCATE GENERAL OF THE STATE

  • The Constitution (Article 165) has provided for the office of the advocate general for the states.

NATIONAL COMMISSION FOR SCs

  • The national Commission for Scheduled Castes (SCs) Is a constitutional body in the sense that it is directly established by Article 338 the other national commissions like the national commission for Women (1992), the National Commission for Minorities (1193), the National Commission for Backward Classes (1193), the National Human Rights Commission (1993) and the National Commission for Protection of child rights (2007) are statutory bodies in the sense that they are established by acts of the Parliament.
  • 65th Constitutional Amendment Act of 1990 provided for the establishment of a high level multi-member National Commission for SCs
  • Again, the 89th Constitutional Amendment Act of 2003 bifurcated the combined national Commission for SCs and STs
  • The separate national Commission for SCs came into existence in 2004.

FUNCTIONS OF THE COMMISSION

a)To investigate and monitor all matters relating to the constitutional and other legal safeguards for the SCs and to evaluate their working.

NATIONAL COMMISSION FOR STs

  • The separate National Commission for STs came to existence in 2004. It consists of a chairperson, a vice – chairperson and three other members.
  • The Functions of the Commission are:
  • a)To investigate and monitor all matters relating to the constitutional and other legal safeguards for the STs and to evaluate their working

NON-CONSTITUTIONAL BODIES

1.PLANNING COMMISSION

  • The Planning Commission was established in March 1950 by an executive resolution of the Government of India, on the recommendation of the Advisory Planning Board constituted in 1946, under the chairmanship of K.C Neogi. Planning Commission is neither a constitutional body nor a statutory body. In other words, it is a non-constitutional or extra-constitutional body.

FUNCTIONS

  1. To make an assessment of material, capital and human resources of the country and investigate the possibilities of augmenting them.
  2. To formulate a plan for the most effective and balanced utilization of the country’s resources.
  3. To determine priorities and to define stages in which the plan should be carried out.
  4. To indicate the factors that retard economic development.
  5. To determine the nature of the machinery required for successful implementation of the plan in each stage.

Planning commission is only an advisory body and has no executive responsibility not responsible for taking and implementing rests with Central and state governments.

COMPOSITION

  • The prime minister of India has been the chairman of the commission. He presides over the meetings of the commission.
  • The commission has a deputy chairman. He is the de facto executive head (i.e. full-time functional head) of the commission. He is responsible for the formulation and submission of the draft Five-year Plan to the Central cabinet. He is appointed by the Central cabinet for afixed tenure and enjoys the rank of a cabinet minister. Though he is not a member of cabinet, he is invited to attend  all its meeting (with-out a right to vote)
  • Some Central ministers are appointed as a part-time members of the commission. The finance minister and planning minister ex-officio (by virtue of) of the commission.

NATIONAL DEVELOPMENT COUNCIL

The National Development Council (NDC) was established in August 1952 by an executive resolution of the Government of India on the recommendation of the first five year plan

COMPOSITION

  1. Prime minister of India All Union cabinet minister
  2. Chief ministers of all states Chief ministers/administrators of all union territories.

OBJECTIVES

  1. To secure cooperation of states in the Execution the Plan.
  2. To strengthen and mobilise the efforts and resources of the nation in support of the Plan.
  3. To promote common economic policies in all vital spheres.
  4. To ensure balanced and rapid development of all parts of the country

FUNCTIONS

1.To prescribe guidelines for preparation of the national Plan

2.To consider the national Plan as prepared by the Planning Commission.

  • The Draft Five-Year Plan prepared by the Planning Commission is first submitted to the Union cabinet. After is approval, it is placed before the NDC, for its acceptance. Then, the Plan is presented to the Parliament. Therefore, the NDC is the highest body, below the Parliament, responsible for policy matters with regard to planning for social and economic development.

NATIONAL HUMAN RIGHTS COMMISSION

  • The National Human Rights Commission is a statutory(and not a constitution) body. It was established in 1993. The commission is the watchdog of human rights in the country

COMPOSITION OF THE COMMISSION

  • The commission is a multi-member body consisting of a chairman and four members. Chairman should be a retired chief justice of India, and other members should be a serving or retired judge of the Supreme Court.
  • The chairman and members are appointed by the president on the recommendation of a six-member committee consisting of the prime minister.
  • The chairman and members hold office for a term of five years or until they attain the age of 70 years.

FUNCTION OF THE COMMISSION

a)To inquire into any violation of human rights or negligence in the prevention of such violation by a public servant, either suomotu or on a petition presented to it or on an order of a court.

b)To intervene in any proceeding involving allegation of  violation of human rights pending before a court

c)To visit jails and detention places to study the living conditions of inmates and make recommendation thereon.

WORKING OF THE COMMISSION

  • The commission is not empowered to in quire into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed.
  • It has no power to punish the violators of human rights, nor to award any relief including monetary relief to the victim.

CENTRAL VIGILANCE COMMISSION

  • The Central Vigilance Commission is the main agency for preventing corruption in the Central government. It was established in 1964 executive resolution of the Central government. Its establishment was recommended by the Santhanam Committee on prevention of Corruption September 2003, Parliament enacted a law conferring statutory status on the CVC.

COMPOSITION

  • The CVC is a multi-member body consisting of a Central Vigilance Commissioner and not more than two vigilance commissioners. They are appointed by the president by warrant under his hand and seal on the recommendation of a three-member committee consisting of the prime minister as its head, the Union minister of home affairs Leader of the Opposition in the Lok Sabha. They hold office for a term of four years or until they attain the age of sixty five years.
  • The president can also remove the Central Vigilance Commissioner or any vigilance commissioner on the ground of proved misbehavior or incapacity. However, in these cases, the president has to refer the matter to the Supreme Court for an enquiry

FUNCTIONS

  • To inquire or cause an inquiry or investigation to be conducted on a reference made by the Central government wherein it is alleged that a public servant being an employee of the Central government or its authorities, has committed an offence under the Prevention of Corruption Act, 1988.

CENTRAL INFORMATION COMMISSION

  • The Central Information Commission was established by the Central Government in 2005. It was constituted through an Official Gazette Notification under the provisions of the Rights to Information Act (2005).It is not a constitutional body.

COMPOSITION

  • The Commission consists of a Chief Information Commissioner and not more than ten Information Commissioners. They are appointed by the President on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.

TENURE AND SERVICE CONDITIONS

  • Information Commissioner hold office for a term of 5 years or until they attain the age of 65 years. In addition to these, the President can also remove the Chief Information Commissioner Supreme Court for an enquiry.

POWERS AND FUNCTIONS

1.It is the duty of the Commission to receive and inquire into a complaint from any person.

a)Who has not been able to submit an information request because of non appointment of a Public Information Officer

b)Who has been refused information that was requested.

c)Who has not received response to his information request within the specified time limits.

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