Eleanor Finch
India's Constitution establishes constitutional bodies, which are institutions or authorities that derive their powers and responsibilities directly from it. They are either directly established by the Constitution or their creation is mandated by it, and their composition, powers, functions, and duties are outlined in it. There are about 20 constitutional bodies in India, including the Finance Commission, the Attorney General of India, the Election Commission, and the National Commission for Scheduled Castes.
| Characteristics | Values |
|---|---|
| Number of constitutional bodies | 20 |
| Examples of constitutional bodies | Election Commission, Finance Commission, Attorney General of India, Comptroller and Auditor General of India (CAG), Union Public Service Commission (UPSC) |
| Examples of non-constitutional bodies | Central Bureau of Commission, National Human Rights Commission, State Human Rights Commission, NITI Aayog, CBI |
| How are constitutional bodies established? | Established by the Constitution of India, with specific powers and functions outlined in the Constitution |
| How are constitutional bodies changed? | Requires a constitutional amendment bill, rather than an Act of Parliament |
| Who can be a member of a constitutional body? | Members are appointed by the President and can only be removed by a 2/3-majority vote in both houses of Parliament |
| What is the role of constitutional bodies? | To uphold democratic governance, ensure the effective implementation of constitutional mandates, and safeguard democratic processes |
| What is the difference between constitutional and non-constitutional bodies? | Constitutional bodies derive their powers directly from the Constitution, while non-constitutional bodies are not defined in the Constitution and are mostly statutory bodies |
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What You'll Learn
Election Commission of India
In India, there are about 20 constitutional bodies that uphold democratic governance and ensure the effective implementation of constitutional mandates. One of these is the Election Commission of India (ECI), a constitutional body established by the Constitution of India to conduct free and fair elections in the country. The ECI is headed by a chief election commissioner and consists of two other election commissioners as members. The appointment and term of the election commissioner are prescribed in the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. According to the Act, an election commissioner is appointed by the President of India on the recommendation of a selection committee headed by the Prime Minister of India and consisting of the leader of the opposition in Lok Sabha and a member of the Union Council of Ministers, nominated by the Prime Minister.
The Election Commission is responsible for scrutinizing and accepting applications from candidates willing to contest in the elections. A person can be disqualified from contesting if incorrect or incomplete information is provided in the affidavits and if they have been convicted by any court in India with a jail term of two or more years. The commission sets limits on poll-related expenditure by candidates during election campaigns. It also decides the dates for filing nominations, voting, counting, and announcing results. The Election Commission operates under the powers granted by Article 324 of the Constitution and the subsequently enacted Representation of the People Act.
The state election commissions are responsible for conducting local body elections in their respective states. The Election Commission of India also operates various electronic media, including websites and mobile applications, to enable functions such as addressing grievances, checking electoral rolls, disseminating information on candidates, announcing results, and monitoring assigned tasks. Voting in India is done using Electronic Voting Machines (EVMs), with provisions for postal voting and special arrangements for the disabled. The EVMs were introduced by the Election Commission to reduce malpractices and improve efficiency. They were first trialled in 1982 in the by-election to the Paravur assembly constituency in Kerala in a limited number of polling stations. After successful testing and legal inquiries, the commission decided to introduce these voting machines on a large scale.
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Finance Commission
The Finance Commission is a constitutional body in India that is responsible for defining the financial relations between the central government and the individual state governments. It was established under Article 280 of the Indian Constitution and is appointed by the President of India. The Finance Commission consists of a chairman and four other members, who are appointed for a term of five years. The chairman is typically someone with experience in public affairs, while the other four members are selected from individuals who are or have been judges of a high court.
The main role of the Finance Commission is to make recommendations to the President on matters related to the distribution of tax proceeds between the central government and the states, as well as the allocation of these proceeds among the states. This includes recommending the principles that should govern the grants-in-aid provided to the states by the central government from the Consolidated Fund of India. The Commission also suggests measures to increase the Consolidated Fund of a state, which can help supplement the resources of local governments within the state.
The recommendations of the Finance Commission are advisory in nature and not binding on the government. However, they play an important role in guiding the government's decisions on granting funds to the states. The Finance Commission takes about two years to make its recommendations, and so far, 15 Finance Commissions have been constituted in India since the promulgation of the Constitution in 1950. The most recent Finance Commission was formed in December 2023 and is chaired by Arvind Panagariya, the former Vice Chairman of NITI Aayog.
The Finance Commission is an essential body in India's governance structure, ensuring a fair and efficient distribution of financial resources between the central government and the states. By providing recommendations and guidance, the Commission helps to uphold democratic values and maintain a balanced federal system in the country.
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Attorney General of India
In India, there are about 20 constitutional bodies, including the Finance Commission, the Election Commission, and the Attorney General of India. These bodies are outlined in the Constitution of India, which also defines their composition, powers, functions, and duties.
The Attorney General of India is the principal legal counsel for the country, and represents the Indian government in cases before the Supreme Court and several High Courts. The Attorney General is appointed by the President, and must be qualified to be appointed as a Judge of the Supreme Court. They hold office during the pleasure of the President, and their role is to advise the Government of India on legal matters, as well as to perform other legal duties as assigned by the President. The Attorney General also has the right of audience in all courts in the territory of India.
The Attorney General's role is to provide legal advice and representation to the Indian government, and to help ensure the effective implementation of constitutional mandates. They are a key part of the country's governance and administrative structure, and their powers and responsibilities are derived directly from the Constitution of India.
The Attorney General is responsible for providing legal advice to the Government of India on a range of issues, including constitutional, statutory, and international law. They also represent the government in court proceedings, including before the Supreme Court and High Courts. The Attorney General may also be called upon to provide legal opinions to the President, and to assist in the drafting of legislation.
The role of the Attorney General of India is a critical one, ensuring the Indian government operates within the law and providing legal advice and representation to the country's highest offices.
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National Commission for SCs
There are about 20 constitutional bodies in India, including the Finance Commission, the Attorney General of India, the Election Commission, and the National Commission for Scheduled Castes (NCSC).
The National Commission for SCs, or the National Commission for Scheduled Castes, is a constitutional body in India established under Article 338 of the Indian Constitution. The NCSC is a multi-member body consisting of a Chairman, a Vice-Chairman, and three other members. The current Chairman of the NCSC is Shri Kishor Makwana.
The National Commission for SCs is responsible for the welfare of the Scheduled Castes (SCs) and Scheduled Tribes (STs) in India. The formation of the NCSC was a result of demands from various Members of Parliament for a multi-member commission to better represent the interests of the SCs and STs. Prior to the establishment of the NCSC, there was a one-member system with a Special Officer designated as the Commissioner for Scheduled Castes and Scheduled Tribes. However, in 1987, the Indian government decided to replace this system with a multi-member commission through the 65th Amendment to the Constitution, which amended Article 338.
The National Commission for SCs plays a crucial role in upholding the rights and interests of the Scheduled Castes and Tribes in India. It works to ensure that the constitutional provisions pertaining to the SCs and STs are effectively implemented and that their welfare is promoted. The NCSC has the power to inquire into specific complaints regarding the deprivation of rights and safeguards of the SCs and STs and can recommend appropriate remedies to address these issues.
The National Commission for SCs also has a role in monitoring the implementation of various programmes and policies for the welfare of the Scheduled Castes and Tribes. It works closely with various government departments and agencies to ensure that the SCs and STs have access to education, employment, healthcare, and other basic amenities. The NCSC also plays an important role in raising awareness about the rights and entitlements of the Scheduled Castes and Tribes among the general public and government officials.
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Comptroller and Auditor General of India (CAG)
India has about 20 constitutional bodies, including the Election Commission, Finance Commission, and Union Public Service Commission. These bodies are outlined in the Constitution of India, and any changes to their structure would require a constitutional amendment.
One such constitutional body is the Comptroller and Auditor General of India (CAG). The CAG is the supreme audit institution of India, established under Article 148 of the Constitution of India. The CAG is empowered to audit all receipts and expenditures of the Government of India and the State Governments, including those of autonomous bodies and corporations substantially financed by the government. The CAG is also the statutory auditor of government-owned corporations and conducts supplementary audits of government companies in which the government has an equity share of at least 51% or subsidiary companies of existing government companies.
The CAG is appointed by the President of India and is ranked 9th, enjoying the same status as a sitting judge of the Supreme Court of India. The current CAG of India is K. Sanjay Murthy, who assumed office on 21 November 2024. The CAG's salary and other conditions of service are determined by the Parliament of India through the Comptroller and Auditor-General (Duties, Powers, and Conditions of Service) Act, 1971. The CAG's salary is the same as that of a judge of the Supreme Court of India, and it cannot be reduced after appointment. The CAG can be removed only by an address from both houses of Parliament on the grounds of proven misbehaviour or incapacity. The CAG must vacate the office upon reaching the age of 65 or after a 6-year term, whichever comes first, or through impeachment proceedings.
The CAG is the head of the Indian Audit and Accounts Department, which has 43,576 employees across the country (as of 01.03.2020). The CAG has the power to inspect any office of the organisations that are subject to his audit and scrutinise the transactions of the government. The CAG may then incorporate any objections into a report that is submitted to Parliament. This report is discussed by the Public Accounts Committees (PACs) and Committees on Public Undertakings (COPUs), which are special committees in the Parliament of India and the state legislatures. The CAG has recently been conducting performance and compliance audits of various government functions and departments, including the introduction of new trains.
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Frequently asked questions
There are about 20 bodies that are mentioned in the Indian Constitution.
Constitutional bodies are institutions established by the Constitution of India with specific powers and functions outlined in the Constitution. They are a fundamental part of the country's governance and administrative structure.
Some examples of constitutional bodies in India include the Election Commission, Finance Commission, National Commission for SCs, Union Public Service Commission, and the Attorney General of India.
Non-constitutional bodies are authorities or agencies that are not defined in the Indian Constitution. They are established by the parliament and state legislatures and mostly consist of statutory bodies. Examples include the National Human Rights Commission and the Central Bureau of Commission.
The Election Commission of India, for instance, is responsible for conducting and regulating national and state elections. It has powers and duties outlined in Article 338 of the Constitution.
