Constitutional Bodies in India

1. Election Commission of India - Article 324

Article 324 vests the superintendence, direction and control of the preparation of electoral rolls and the conduct of elections to Parliament, State Legislatures and the offices of the President and Vice-President in the Election Commission of India.

The Commission consists of the Chief Election Commissioner and such number of other Election Commissioners as the President may from time to time fix, subject to the Constitution and applicable law. When other Election Commissioners are appointed, the Chief Election Commissioner acts as Chairman.

Appointment and tenure

The appointment, conditions of service and term of office of the Chief Election Commissioner and other Election Commissioners are regulated by the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

• Appointments are formally made by the President.
• The 2023 Act provides for a Search Committee and a statutory Selection Committee.
• The term is six years from assumption of office or until the age of 65 years, whichever is earlier.
• Re-appointment is not permitted under the 2023 Act.
• An Election Commissioner appointed as Chief Election Commissioner cannot have more than six years' aggregate tenure in the two offices.

Removal

The Chief Election Commissioner can be removed from office only in like manner and on like grounds as a Judge of the Supreme Court. The Constitution separately protects the conditions of service of the Chief Election Commissioner from disadvantageous variation after appointment. Other Election Commissioners cannot be removed except on the recommendation of the Chief Election Commissioner, subject to the governing law.

2. Important Election Articles: 324 to 329

Article 324 - Election Commission

Provides the constitutional foundation for the Election Commission and its control over specified elections.

Article 325 - One general electoral roll

No person is ineligible for inclusion in an electoral roll, or entitled to claim inclusion in a special electoral roll, only on grounds of religion, race, caste or sex.

Article 326 - Adult suffrage

Elections to the House of the People and State Legislative Assemblies are based on adult suffrage. The Constitution (Sixty-first Amendment) Act, 1988 reduced the voting age from 21 years to 18 years.

Article 327 - Power of Parliament

Parliament may make laws concerning elections to Parliament and State Legislatures, subject to the Constitution.

Article 328 - Power of State Legislature

Subject to the Constitution and parliamentary law, a State Legislature may make provisions concerning elections to that State Legislature.

Article 329 - Bar to interference by courts in electoral matters

Article 329 restricts judicial interference in specified electoral matters. An election to either House of Parliament or to a State Legislature may be called in question only by an election petition presented in the manner provided by law.

3. Union and State Public Service Commissions - Articles 315 to 323

Article 315 provides for a Public Service Commission for the Union and for each State, with provision for a Joint State Public Service Commission for two or more States.

Appointment and term - Article 316

• The Chairman and members of the UPSC are appointed by the President.
• The Chairman and members of a State Public Service Commission are appointed by the Governor of the State.
• A member holds office for six years or until attaining the constitutionally prescribed age limit, whichever is earlier.
• At least one-half of the members should, at the dates of their appointments, have held office for at least ten years under the Government of India or a State Government.

Removal and suspension - Article 317

The President may remove the Chairman or another member on the ground of misbehaviour after the Supreme Court, on a reference made by the President, has inquired and reported that the person ought to be removed. Article 317 also specifies other circumstances in which the President may order removal.

Functions - Article 320

Public Service Commissions conduct examinations for appointments and are consulted on recruitment, appointments, promotions, transfers and disciplinary matters to the extent required by the Constitution and applicable regulations.

4. Finance Commission - Article 280

The President constitutes a Finance Commission ordinarily every five years, or earlier if necessary. It consists of a Chairman and four other members.

Its principal constitutional functions include recommending the distribution between the Union and the States of the net proceeds of shareable taxes, allocation among the States of their shares, principles governing grants-in-aid, measures to augment State Consolidated Funds for Panchayats and Municipalities, and other matters referred by the President in the interests of sound finance.

Parliament determines by law the qualifications required for appointment as members and the manner in which they are selected. The Finance Commission (Miscellaneous Provisions) Act, 1951 governs these matters.

5. NCSC, NCST and NCBC

National Commission for Scheduled Castes - Article 338

The NCSC is a constitutional body consisting of a Chairperson, Vice-Chairperson and three other members. Its duties include investigating and monitoring safeguards for Scheduled Castes, inquiring into complaints, advising on socio-economic development and reporting to the President.

National Commission for Scheduled Tribes - Article 338A

Article 338A provides for the National Commission for Scheduled Tribes. The separate Commission was created by the Constitution (Eighty-ninth Amendment) Act, 2003. It performs constitutional functions concerning safeguards, complaints, development and welfare of Scheduled Tribes.

National Commission for Backward Classes - Article 338B

The Constitution (One Hundred and Second Amendment) Act, 2018 gave constitutional status to the NCBC by inserting Article 338B. Its functions include monitoring safeguards for socially and educationally backward classes, inquiring into complaints, participating in and advising on socio-economic development, and reporting to the President.

6. Special Officer for Linguistic Minorities - Article 350B

Article 350B provides for a Special Officer for linguistic minorities, appointed by the President. The officer investigates matters relating to constitutional safeguards for linguistic minorities and reports to the President at such intervals as the President may direct. The President causes such reports to be laid before each House of Parliament and sent to the Governments of the States concerned.

Article 350B was inserted by the Constitution (Seventh Amendment) Act, 1956.

7. Comptroller and Auditor General of India - Articles 148 to 151

The Comptroller and Auditor General of India (CAG) is the constitutional audit authority of the Union and the States and is commonly described as the guardian of the public purse.

Article 148 - Appointment and independence

• The CAG is appointed by the President by warrant under his hand and seal.
• The CAG makes an oath or affirmation before the President or a person appointed by the President.
• The CAG may be removed only in like manner and on like grounds as a Judge of the Supreme Court.
• The CAG is not an office held during the pleasure of the President.

Articles 149 to 151

• Article 149: duties and powers of the CAG.
• Article 150: form of accounts of the Union and the States is prescribed by the President on the advice of the CAG.
• Article 151: CAG reports relating to Union accounts are submitted to the President for laying before Parliament; reports concerning State accounts are submitted to the Governor for laying before the State Legislature.

8. Important Constitutional Bodies - Quick List