Polity Chapter 22 - Constitutional Bodies

Constitutional Bodies

Constitutional Bodies — Meaning

Nature	Authorities established by the Constitution of India
Purpose	Efficient performance of executive functions of government

Finance Commission

Finance Commission — Basic Details

Constitutional Provision	Article 280
Nature	Constitutional body
Constituted By	President of India
Frequency	Every 5 years
Composition	Chairman + 4 other members
Primary Role	Fiscal distribution between Union and States
Federal Role	Responsible for fiscal federalism in India

Finance Commission — Historical Details

First Finance Commission	Constituted on 22 November 1951
Legal Basis of First Commission	Finance Commission (Miscellaneous Provisions) Act, 1951
16th Finance Commission	Constituted on 27 November 2017

Finance Commission — Composition & Appointment

Constitutional Article	Article 280
Total Members	5
Chairman	1
Other Members	4
Appointing Authority	President of India
Qualification-Making Authority	Parliament
Chairman Qualification	Experience in public affairs

Finance Commission — Qualifications of Other Members

Member 1	Judge of a High Court or qualified for appointment as High Court judge
Member 2	Special knowledge of government finance and accounts
Member 3	Wide experience in financial matters and administration
Member 4	Special knowledge of economics

Finance Commission — Tenure

Constitution	Every 5 years
Individual Member's Tenure	Period specified by the President in the appointment letter

Finance Commission — Powers & Functions

Information-Gathering Power	Ask any person for information considered necessary by the Commission
Tax Distribution	Recommend distribution of net tax proceeds between Centre and States
State-wise Allocation	Recommend allocation among States of their share from such proceeds
Other Matters	Advise on matters referred by the President in the interests of sound finance

Comptroller and Auditor General of India (CAG)

CAG — Constitutional Status & Basic Role

Constitutional Article	Article 148
Nature	Constitutional authority
Primary Role	Audit of government receipts and expenditure
Jurisdiction	Union Government and State Governments
Additional Coverage	Autonomous bodies and corporations substantially financed by government
Government Corporations	Statutory auditor of government-owned corporations
Government Companies	Conducts supplementary audit
Departmental Head	Head of Indian Audit and Accounts Department

CAG — Appointment & Term

Appointing Authority	President of India
Appointment Method	Warrant under the President's hand and seal
Oath/Affirmation	Before the President before assuming office
Tenure	6 years or until age 65, whichever is earlier
Resignation	Any time by addressing resignation to the President

CAG — Remuneration & Administrative Expenses

Administrative Expenses	Charged on the Consolidated Fund of India
Includes	Salaries, allowances and personnel expenses of the CAG office
Salary	Equal to that of a Supreme Court judge
Service Conditions	Determined by Parliament

CAG — Removal & Independence

Removal Authority	President
Removal Procedure	Same as a Supreme Court judge
Grounds	Proved misbehaviour or incapacity
Parliamentary Requirement	Resolution passed by both Houses with special majority
Post-retirement Office	Not eligible for further office under Union or State Government

CAG — Duties & Powers

Constitutional Article	Article 149
Parliament's Role	Prescribes CAG's duties and powers regarding Union and State accounts
Consolidated Fund	Audits expenditure from Consolidated Fund of India
Contingency Fund	Audits expenditure from Contingency Fund of India
Public Account	Audits accounts relating to Public Account of India

CAG — Audit Reports

Centre-related Reports	Submitted by CAG to the President
Parliamentary Presentation	President presents the reports before both Houses of Parliament
Constitutional Article	Article 151

Attorney General of India

Attorney General — Basic Details

Constitutional Article	Article 76
Nature	Constitutional office
Status	Highest law officer of India
Appointing Authority	President of India

Attorney General — Appointment & Qualifications

Appointment Requirement	Person qualified to be appointed as a Supreme Court judge
Citizenship	Citizen of India
Judicial Qualification	Judge of a High Court for 5 years
Advocacy Qualification	Advocate of a High Court for 10 years
Alternative Qualification	Eminent jurist, in the opinion of the President

Attorney General — Term, Removal & Remuneration

Constitutional Term	Not fixed
Tenure	During the pleasure of the President
Removal	President may remove at any time
Resignation	May resign by submitting resignation to the President
Remuneration	Not fixed by Constitution
Remuneration Authority	President determines remuneration

Attorney General — Constitutional Duties

Legal Advice	Advise Government of India on legal matters referred by the President
Assigned Legal Duties	Perform other legal duties assigned by the President
Constitutional/Statutory Functions	Discharge functions conferred by Constitution or any other law

Attorney General — Functions Assigned by President

Supreme Court	Appear on behalf of Government of India in cases concerning it
Article 143 Reference	Represent Government of India in Presidential references to Supreme Court
High Courts	Appear in High Court matters involving Government of India

Other Constitutional Bodies

Constitutional Bodies — Key Facts

Body	Year	Constitutional Provision	Primary Function
Election Commission	1950	Article 324	Direct, control and conduct elections
Union Public Service Commission (UPSC)	1950	Article 315	Conduct examinations and make appointments to civil and defence services
State Public Service Commission (SPSC)	—	Article 315	Conduct examinations and make appointments to State services
State Finance Commission	—	Article 243	Review financial position of Panchayats in a State
National Commission for Backward Classes	1993	Article 338B	Investigate and monitor safeguards for socially and educationally backward classes
National Commission for Scheduled Castes	2004	Article 338	Safeguards against exploitation of Scheduled Castes
National Commission for Scheduled Tribes	2004	Article 338A	Safeguards against exploitation of Scheduled Tribes
Special Officer for Linguistic Minorities	2004	Article 350B	Report on linguistic minorities to the President

Non-Constitutional Bodies

Non-Constitutional Bodies — Meaning

Meaning	Bodies not mentioned in the Constitution
Creation	Act of Parliament or executive order

Planning Commission

Planning Commission — Basic Details

Nature	Government of India institution
Establishment	15 March 1950
Composition	Multi-member body
Chairman	Prime Minister
Vice-Chairman	Full-time Vice-Chairman
Major Role	Formulation of India's Five-Year Plans

NITI Aayog

NITI Aayog — Basic Details

Full Name	National Institution for Transforming India
Established	2015
Replaced	Planning Commission
Planning Model Replaced	Top-down model
Nature	Policy think-tank of Government of India
Development Approach	Bottom-up approach
Major Aim	Sustainable development goals and cooperative federalism
Federal Focus	Greater involvement of State Governments in economic policy-making

NITI Aayog — Council Composition

State Representatives	Chief Ministers of States
Union Territory Representatives	Chief Ministers of Delhi and Puducherry
Other UT Representatives	Lieutenant Governors of all Union Territories
Vice-Chairman	Nominated by the Prime Minister

NITI Aayog — Other Members

Temporary Members	Selected from leading universities and research institutions
Chief Executive Officer	Included in the composition
Ex-officio Members	4
Part-time Members	2

NITI Aayog — Functions

Shared National Vision	Evolve shared vision of national development priorities, sectors and strategies with active State participation
Cooperative Federalism	Foster cooperative federalism through structured support initiatives and continuous coordination with States
Strategic Planning	Design strategic and long-term policy and programme frameworks
Monitoring	Monitor progress and efficiency of policies and programmes
Stakeholder Partnership	Advise and encourage partnerships among key stakeholders and national/international think-tanks
Research Institutions	Promote partnership with educational policy and research institutions
Knowledge System	Create knowledge, innovation and entrepreneurial support systems
Expert Collaboration	Collaborate with national/international experts, practitioners and other partners

National Development Council (NDC)

NDC — Basic Details

Nature	Key organisation symbolising federal approach to planning in India
Origin	Product of Planning Commission recommendations
Purpose of Creation	Enable Five-Year Plans to acquire a national character
Concept	Body comprising Central and State Governments

NDC — Composition

Chairman	Prime Minister
Union Representation	Union Cabinet Ministers
State Representation	Chief Ministers of States
UT Representation	Chief Executives of Union Territories
Planning Representation	Members of Planning Commission

NDC — Meetings

Minimum Frequency

At least twice a year

NDC — Functions

Plan Review	Review approach papers and draft Five-Year Plans
National Planning Guidelines	Prescribe guidelines for formulation of national plans
Plan Consideration	Consider national plans formulated by Planning Commission
Resource Assessment	Assess resources required for implementation
Resource Mobilisation	Suggest ways and means for raising required resources
Social & Economic Policy	Consider important social and economic policy questions affecting development
Plan Performance	Review implementation of plans from time to time
Target Achievement	Recommend measures necessary to achieve national plan aims and targets

Sarkaria Commission — NDC Recommendations

Sarkaria Commission — Recommendations on NDC

Effectiveness	Make NDC more effective
Political Role	Develop NDC into the supreme political-level institution for Centre-State planning relations
Status	Give NDC constitutional status
Proposed Name	National Economic and Development Council
Reconstitution	Rename and reconstitute NDC

National Human Rights Commission (NHRC)

NHRC — Basic Details

Nature	Statutory body
Establishment	1993
Establishing Law	Protection of Human Rights Act, 1993
Amendment	2006
Role	Watchdog of human rights in India
Administrative Ministry	Ministry of Home Affairs

NHRC — Human Rights Covered

Life	Right relating to life
Liberty	Right relating to individual liberty
Equality	Right relating to equality
Dignity	Right relating to dignity of the individual
Source of Rights	Constitutional guarantees or international covenants
Enforcement	Enforceable by courts in India

NHRC — Composition

Nature	Multi-member body
Chairman	Retired Chief Justice of India
Other Members	4
Member Category 1	Serving or retired Supreme Court judge
Member Category 2	Serving or retired Chief Justice of a High Court
Member Category 3	2 persons with knowledge or practical experience in human rights

NHRC — Appointment

Appointing Authority	President
Appointment Basis	Recommendation of a six-member committee

NHRC — Selection Committee

Chairman	Prime Minister
Member	Speaker of Lok Sabha
Member	Deputy Chairman of Rajya Sabha
Member	Leader of Opposition in Lok Sabha
Member	Leader of Opposition in Rajya Sabha
Member	Union Home Minister

NHRC — Special Consultation Requirement

Sitting Supreme Court Judge	Appointment only after consultation with Chief Justice of India
Sitting High Court Chief Justice	Appointment only after consultation with Chief Justice of India

NHRC — Functions

Human Rights Violations	Inquire into violations of human rights
Public Servant Negligence	Inquire into negligence by public servants in preventing violations
Mode of Inquiry	Suo motu, petition, or court order
Court Proceedings	Intervene in court proceedings involving alleged human-rights violations
Jail Visits	Visit jails and detention centres; study living conditions and recommend improvements
Safeguard Review	Review constitutional and legal safeguards for human rights
Implementation	Recommend measures for effective implementation of safeguards
Human Rights Inhibitors	Review factors, including terrorism, that restrict enjoyment of human rights
Remedial Measures	Recommend measures to address factors inhibiting human rights
International Instruments	Study treaties and international human-rights instruments
Implementation of Treaties	Recommend measures for effective implementation
Research	Undertake and promote human-rights research
Human Rights Literacy	Spread human-rights literacy among people
Public Awareness	Promote awareness of safeguards available for protection of human rights

NHRC — Removal of Chairman/Members

Insolvency	Adjudged insolvent
Outside Employment	Engages in paid employment outside official duties during tenure
Physical/Mental Infirmity	Unfit to continue because of infirmity of mind or body
Unsound Mind	Declared of unsound mind by a competent court
Criminal Conviction	Convicted and sentenced to imprisonment for an offence

NHRC — Salaries & Service Conditions

Determining Authority	Central Government
Covered Items	Salaries, allowances and other service conditions
Protection	Conditions cannot be reduced after appointment

State Human Rights Commission (SHRC)

SHRC — Basic Details

Legal Basis	Protection of Human Rights Act, 1993
Nature	Statutory State-level human-rights body
Jurisdiction	Human-rights violations concerning subjects in State List and Concurrent List
Constitutional Reference	Seventh Schedule — List II and List III

SHRC — Composition

Nature	Multi-member body
Total	Chairperson + 2 members
Chairperson	Retired Chief Justice of a High Court
Member 1	Serving or retired High Court judge
Alternative Member 1	District Judge in the State with minimum 7 years' experience as District Judge
Member 2	Person with knowledge or practical experience in human rights

SHRC — Appointment & Recommendation Committee

Appointing Authority	Governor
Basis	Recommendations of a committee
Committee Head	Chief Minister
Member	Speaker of Legislative Assembly
Member	State Home Minister
Member	Leader of Opposition in Legislative Assembly
Legislative Council States	Chairman of Legislative Council and Leader of Opposition in Council also included

Central Vigilance Commission (CVC)

CVC — Basic Details

Established	1964
Purpose	Address governmental corruption
Recommendation	Santhanam Committee on Prevention of Corruption (1962–64)
Nature	Apex governmental vigilance body
Status	Autonomous and independent body
Accountability	Responsible to Parliament
Executive Control	Free from control of executive authorities

CVC — Core Role

Vigilance Monitoring	Monitor vigilance activities under Central Government
Advisory Role	Advise Central Government organisations
Vigilance Planning	Advise on planning vigilance work
Vigilance Execution	Advise on execution of vigilance work
Vigilance Review	Advise on review and reform of vigilance work

CVC — Composition

Nature	Multi-member body
Chairperson	Central Vigilance Commissioner
Other Members	Not more than 2 Vigilance Commissioners

CVC — Appointment

Appointing Authority	President
Appointment Method	Warrant under President's hand and seal
Recommendation Committee	Three-member committee
Committee Head	Prime Minister
Committee Member	Union Home Minister
Committee Member	Leader of Opposition in Lok Sabha

CVC — Tenure & Post-tenure Restriction

Tenure	4 years or until age 65, whichever is earlier
Post-tenure Employment	Not eligible for further employment under Central or State Government

CVC — Removal Grounds

Insolvency	Adjudged insolvent
Criminal Conviction	Convicted of an offence involving moral turpitude, in the opinion of Central Government
Outside Employment	Engages in paid employment outside official duties during tenure
Infirmity	Unfit due to infirmity of mind or body, in the President's opinion
Financial/Other Interest	Acquires an interest likely to prejudicially affect official functions
Proved Misbehaviour	Can be removed on ground of proved misbehaviour
Incapacity	Can be removed on ground of incapacity

CVC — Powers

Procedure	Power to regulate its own procedure
Civil Court Powers	Possesses powers of a civil court
Information	May call for information or reports from Central Government and its authorities
Supervision	General supervision over vigilance and anti-corruption work

CVC — Functions

DSPE Superintendence	Exercise superintendence and give directions to Delhi Special Police Establishment (DSPE) regarding Prevention of Corruption Act offences
Inquiry/Investigation	Inquire or cause inquiry/investigation on reference from Central Government
Investigation Review	Review progress of DSPE investigations into Prevention of Corruption Act offences
CrPC Cases	Review progress of investigations into offences under the Code of Criminal Procedure
Prosecution Sanction	Review applications pending before competent authorities for sanction of prosecution
Advisory Role	Tender advice to Central Government and its organisations on referred matters
Vigilance Administration	Exercise superintendence over vigilance administrations of Central Government ministries, departments and organisations

CVC — Role in Appointment of Enforcement Director

CVC Role	Central Vigilance Commissioner serves as Chairperson
Committee Members	Vigilance Commissioners serve as members
Purpose	Committee recommends appointment of Director of Enforcement

Central Bureau of Investigation (CBI)

CBI — Basic Details

Nature	Premier investigating police agency in India
Established	1963
Establishing Authority	Government of India
Background	Established following Santhanam Committee recommendations on Prevention of Corruption (1962–64)

CBI — Superintendence

Prevention of Corruption Act Cases	Central Vigilance Commission
Other Matters	Department of Personnel and Training (DoPT), Ministry of Personnel, Pension and Grievances
Lokpal-referred Cases	Lokpal has power of superintendence over CBI in cases referred by Lokpal
Transfer of CBI Officers in Lokpal Cases	Requires Lokpal approval

CBI Director — Appointment

Minimum Tenure	Not less than 2 years
Appointment Authority	Appointment Committee
Recommendation	Selection Committee
Legal Framework	DSPE Act, 1946; Lokpal and Lokayukta Act, 2013; CVC Act, 2003

CBI Director — Appointment Committee

Chairperson	Prime Minister
Member	Leader of Opposition in Lok Sabha
Alternative Opposition Representative	Leader of the single largest opposition party in Lok Sabha, if mandated LoP strength is absent
Member	Chief Justice of India or Supreme Court judge recommended by CJI

CBI Director — Selection Committee

Chairperson	Central Vigilance Commissioner
Members	Vigilance Commissioners
Member	Secretary, Ministry of Home Affairs
Member	Secretary, Ministry of Personnel and Public Grievances
Role	Send recommendations to Central Government for appointment of CBI Director

CBI — Functions & Areas of Investigation

Interpol Role	Nodal police agency in India for coordinating investigations on behalf of Interpol member countries
Defence-related Crime	Investigate serious crimes relating to defence of India
High-level Corruption	Investigate corruption involving high posts
Serious Fraud	Investigate serious fraud
Cheating	Investigate serious cheating
Embezzlement	Investigate serious embezzlement
Social Crime	Investigate social crimes
Hoarding	Investigate hoarding-related offences
Black Marketing	Investigate black-marketing-related offences
Profiteering	Investigate profiteering involving essential commodities

CBI — Investigation in States

Central Government Authorisation	Central Government can authorise CBI to investigate a crime in a State
State Consent	Requires consent of concerned State Government
Supreme Court	Can order CBI investigation anywhere in India without State consent
High Courts	Can order CBI investigation anywhere in India without State consent

Lokpal and Lokayuktas

Lokpal & Lokayukta — Basic Details

Ombudsman in India	Lokpal and Lokayuktas
Legal Basis	Lokpal and Lokayukta Act, 2013
Lokpal	Anti-corruption Ombudsman at Union level
Lokayukta	Anti-corruption Ombudsman at State level
Mandate	Creation of Lokpal for Union and Lokayukta for States

Lokpal — Prime Minister's Jurisdiction

General Power	Investigate complaints of corruption against public entities, including Prime Minister
PM Investigation Requirement	Two-thirds majority of Lokpal Committee
Mode	Investigation on Prime Minister to be conducted in-camera

Lokpal — Composition

Nature	Multi-member body
Chairperson	1
Maximum Members	8
Maximum Total Strength	Chairperson + 8 members

Lokpal — Chairperson Qualifications

Option 1	Former Chief Justice of India
Option 2	Former Supreme Court judge
Option 3	Eminent person with integrity and outstanding ability
Expertise Requirement	Special knowledge and expertise of at least 25 years in relevant fields

Lokpal — Member Composition

Judicial Members	At least half of the members
Representation Requirement	Minimum 50% members from SC/ST/OBC/Minorities and women
Judicial Member Qualification	Former Supreme Court judge or former Chief Justice of a High Court

Lokpal — Tenure

Tenure	5 years
Age Limit	Until age 70
Applicable Limit	5 years or age 70, whichever is earlier

Lokpal — Appointment & Selection Committee

Appointing Authority	President
Appointment Basis	Recommendation of Selection Committee
Committee Member	Prime Minister
Committee Member	Speaker of Lok Sabha
Committee Member	Leader of Opposition in Lok Sabha
Committee Member	Chief Justice of India or sitting Supreme Court judge
Committee Member	Eminent jurist

Lokpal — Jurisdiction

Prime Minister	Current and former Prime Minister
Union Ministers	Current and former Union Government Ministers
Members of Parliament	Current and former MPs
Government Employees	Current and former Group A, B, C and D employees
Boards & Corporations	Chairpersons, members, officers and directors of specified boards/corporations
Societies & Trusts	Specified societies, trusts and autonomous bodies established by Parliament or funded by Union/State Government
Foreign-funded Institutions	Institutions receiving foreign donations exceeding ₹10 lakh per year or higher prescribed limit

Lokpal — Powers & Functions

Asset Confiscation	Power to confiscate assets, proceeds, receipts and benefits arising from or procured through corruption in specified circumstances
Public Servant	Recommend transfer or suspension of public servant connected with corruption allegations
Record Protection	Direct measures to prevent destruction of records during preliminary inquiry
Investigation Agencies	Superintendence and direction over central investigation agencies, including CBI, for cases referred by Lokpal
Inquiry Wing	Vested with powers of a civil court
Preliminary Inquiry	Inquiry Wing/agency to complete preliminary inquiry and submit report within 60 days
Comments	Comments of public servant and competent authority to be sought before report submission

Central Information Commission (CIC)

CIC — Basic Details

Legal Basis	Right to Information Act, 2005
Related Bodies	Central Information Commission and State Information Commission
Administrative Ministry	Ministry of Personnel
Departmental Requirement	Public Information Officer in every department
Purpose	Provide information to citizens under RTI framework

CIC — Appointment & Selection

Chief Information Commissioner	Appointed by President
State Information Commissioner	Appointed by Governor
CIC Selection Committee	Prime Minister + Leader of Opposition in Lok Sabha + Minister nominated by Prime Minister
CIC Status	Status equivalent to that accorded to Chief Election Commissioner, as stated in the source

CIC & SIC — Annual Reports

Reporting Requirement	Chief Information Commissioner and State Information Commissioner publish annual reports on RTI Act implementation
CIC Report	Tabled before Parliament
SIC Report	Tabled before State Legislature

CIC & SIC — Powers & Functions

Complaints	Examine complaints relating to non-appointment of Information Officers
Information Denial	Examine complaints regarding refusal of information by Information Officers
Judicial Powers	Possess powers of a civil court
General RTI Deadline	Information to be provided within 30 days
Life or Liberty	Information concerning life or liberty to be provided within 48 hours
BPL Applicants	Information free of charge for persons below poverty line
Other Applicants	Reasonable fee applicable
Penalty	Strict penalty for failure to provide information

National Commission for Minorities (NCM)

NCM — Basic Details

Nature	Non-constitutional body
Legal Basis	National Commission for Minorities Act, 1992
Formation	17 May 1993

NCM — Functions

Minority Progress	Evaluate progress of minorities
Constitutional Safeguards	Monitor implementation of constitutional safeguards for minorities