Indian Polity- Statuary, Constitutional and Extra Constitutional bodies in India

Indian Polity Notes
Statuary and Constitutional bodies in India 

There are 3 types of bodies or institutions in India

1) Constitutional body

2) Legal bodies or statutory bodies

3) Extra legal, Extra constitutional bodies

Constitutional body

A Constitutional body, which is created by the constitution. Powers, function, structure are mentioned in the constitution

Ex: Election Commission, Public service commissions, Financial commission, CAG, Attorney General, Advocate general, National commission for SC/ST, National commission for minorities

Legal bodies or Statutory bodies

Which is Created by law of Parliament or State legislature

Ex: National Human Rights Commission (NHRC), National commission for women Rights, UGC, LIC

Extra legal, Extra constitutional bodies

Which means these bodies are established by government with an executive order or decision or Government Order(GO)

Ex: Planning commission, NDC(National Development Council), NAC(National Advisory Council)

 Election commission of India Articles 324-329 

Part XV in Indian Constitution of Article 324- 329 deals with Election commission of India which is a constitutional body

Election commission of India consists of one CEC- Chief Election Commissioner and such no other member decided by President but regulated by parliament. All members in Election commission are appointed by President for the term of 6 yrs and retire the age at 65 yrs which is earlier

Note: No specific qualifications are mentioned but usually taken from IAS, IPS or Senior bureaucracy

The Salary of members of Election commission is fixed by the Parliament, charged on consolidation fund by India. It can be reduced

Removal Process of  Chief Election commissioner

Chief Election Commissioner, CEC is removed as same like of Judges of Supreme court where as other members in Election Commission are removed by President after consulting Chief Election Commissioner, CEC

Power and functions of Election Commission

a) Election Commission conducts, controls, supervises all elections in India expects local bodies. It prepares the voter list and announces the election schedule

b) Election Commission issues notification for Parliament on behalf of President and issues notification for State assemble on behalf of Governor

c) Election Commission recognizes the political party and resolves the disputes in the political parties and allots both political symbol and election symbol

d) Election commission is Quasi judicial body because it takes decisions, gives judgement on certain issues among the political parties

Article 325 of Indian Constitution: No person to be ineligible for inclusion in, or to claim to be included in special, electoral roll on grounds of religion, race, caste or sex

This article says that, No Person can claim as voter, expects on the basis of universal adult franchise

Article 326 of Indian Constitution: Elections to the house of the people and to the legislative assemblies of states to be on the basis of adult suffrage 

This article says that, minimum age to recognize as the voter is completion of 18 yrs 

Article 329 of Indian Constitution: Bar to interference by courts in electoral matters 

This article says that, Court cannot interface in electoral process once it is commenced

Comptroller and Auditor General of India Articles 148-151

Comptroller and Auditor General of India, CAG comes in Part V Indian Constitution of Articles 148 to 151

Comptroller and Auditor General of India: It is highest constitutional office in India. This office was borrowed from United kingdom. In UK it is called as COMPT

a) Comptroller and Auditor General of India, CAG is appointed by President by a warrant under his hand and seal. He also swears/takes oath before he entered into office

b) Comptroller and Auditor General of India, CAG oath is addressed by President. CAG addresses his resignation to President

c) Comptroller and Auditor General of India, CAG is appointed for the term of 6 yrs but retires at the age of 65y rs which is earlier

d) After retirement of Comptroller and Auditor General of India(CAG), he is not eligible for subsequent Government appointment

e) No specific qualification for CAG. However, he is generally taken from IAAS- Indian Audit and Administration service

f) CAG is removed as same that of judges of supreme court

g) CAG Salary is also equivalent to judges of supreme court. Salary is fixed by parliament and charged on consolidation fund of India. Pension is also given for CAG

h)  CAG can be removed by President upto the resolution of the parliament

i) Comptroller and Auditor General of India(CAG) is accountable to parliament

Function of Comptroller and Auditor General of India CAG 

a) He audits and reports on expenditure on 3 types of funds

i) Consolidation fund

ii) Contingency fund

iii) Public fund and respective state fund

b) He also audit and reports on the functioning of various public undertaking

c) He provides/extends his technical expertise to the financial committees of parliament i e., 3 committee

i) Estimate committee

ii) Public account committee

iii) Committee of public undertaking

Note: Public account committee is the oldest committee in India form 1921.

d) He is regarded as watchdog of National Purse or Watch dog of National chequer or Custodian of National purse

e) His business is to post mortem the account. It is autopsy of the account. He work is post accounting. Thats why, he is regarding as just a watch dog but not a hound

f) CAG is very typical office in the sense that he doesn’t have any administrative control over the staff of his office. He is like a lone wolf without a chief or without a supervisor/sub-ordinates

g) He submits reports to President in Central and Governor for States

Attorney General of India Article 76

Article 76 of the Indian Constitution deals with Attorney General

Article 76 Indian Constitution: Attorney General for India

Attorney General is appointed by President and hold the office during the pleasure of President of India

Note: No fix tenure for Attorney General of India

a) Qualification for Attorney General of India

Attorney General of India should Possess the qualification of judges supreme court of India

b) Salary and other allowance of Attorney General are fixed by president

c) Attorney general is chief legal advisory to central government

d) Attorney General is the highest legal officer in India

Note: Highest Judicial Officer in India: Chief Justice of India, CJI

e) Attorney General appears before any court or any authority in India behalf of central government

f) Attorney General can participate in the proceeding of the Parliament without right to vote

Note: Attorney General is part of Union legislature but not part of Parliament

Advocate General Article 165

Article 165 deals with advocate general

Article 165 of Indian Constitution: Advocate General for the state

Advocate general is appointed by Governor and hold the office during the pleasure of Governor. Advocate genera doesn’t have fixed tenure

a) Qualification for Advocate General of state

Advocate General should Possess the qualification of judges of High Court

b) Salary and Other allowance are fixed by Governor

c) Advocate General is the highest legal office in State

d) Advocate General is chief legal advisor to the State

e) Advocate General appears before any court on behalf of State Government

f) Advocate General can participate in State legislature without right to vote

National commission for SC/ST Article 338

National commission for SC/ST are constitutional offices which was given constitutional status subsequently

Article 338 of Indian Constitution: National Commission of scheduled castes

Article 338A of Indian Constitution: National Commission of scheduled tribes

Parliament of India established National commission for SC/ST. It was established in 1978 as legal body/statutory body under chairmanship of Bhola Paswan Shastri

In 1990, by 65th Amendment of Indian constitution, constitutional status was given to SC/ST commission

However 2003, by 89th Amendment of Indian constitution, ST commission was separated under Article 339(A) and effective from 2004. Both commissions(SC/ST) composition, structure, functions and powers are similar

Composition of National commission for SC/ST

There will be chairman, Vice chairman and 3 other members,  all were appointed by President for 3 years.  President can removes members on the ground of misbehavior and incapacitate after inquiry made judge of supreme court

National Commission for Minority

It was established in 1978 as Statutory body.

In 2005 by 103rd Amendment of Indian constitution, it was given with Constitution status. Now National Commission for Minority is Constitution body

Composition of National Commission for Minority 

There will be Chairman, Vice chairman and Other members, all were appointed by President for the term of 3 years

Note: National commissions SC/ST and Minority tenure is of 3 yrs but Human rights commission tenure is 5 yrs

National Human Right commission NHRC

it was established in 1993 by the act of Parliament. so it is called as Statutory body.

In 2006, Act was amendment and provided State level Human right commission

Composition of National Human right commission

a) In NHRC there will be a Chairman and 4 other members, all are appointed by President for the term of 5 yrs and retires at the age of 70 yrs

Note: Other National commissioners(SC/ST and Minorities) doesn’t have retirement age(No retirement age)

b) NHRC Chairman must be a retired be Chief justice of supreme court 

c) Other one member must be a retired judge of Supreme court or retired Chief justice of High court

d) Other one member must be a retired judges of High court

e) Other remaining 2 members must have expertise in filed of human rights

State commission of Human Rights

It was established in 2007 as Legal body

Composition of State Human right commission

a) State Human Right Commission consists of Chairman and 2 other members, appointed by Governor for the term of 5 yrs, retirement is 70 yrs

a) State HRC Chairman must be retire Chief of High court

b) One member must be retired judge of high court

c) One member must be expertise in human rights

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