Malcolm Rivera
India is a democratic country, and its Constitutional Bodies are established by the Constitution of India to maintain the principles of the Constitution and ensure democracy works smoothly. These bodies are responsible for taking care of the law and order of the country, and they derive their powers and authorities from the Constitution of India. They are seen as more powerful and prestigious than other organisations, and any changes to their functions or powers require a Constitutional amendment.
| Characteristics | Values |
|---|---|
| Formation | Prescribed by the Indian Constitution |
| Powers | Derived from the Indian Constitution |
| Amendments | Require a Constitutional Amendment |
| Independence | Complete or functional independence when discharging constitutional obligations |
| Removal of members | Requires a 2/3-majority vote in both houses of Parliament |
| Purpose | To maintain the principles of the Constitution and ensure democracy works smoothly |
| Role | Oversee elections, promote transparency and accountability, and take on important responsibilities for the nation's governance and welfare |
| Examples | Election Commission of India, Union Public Service Commission, Finance Commission, Comptroller and Auditor General of India, National Commission for Scheduled Caste |
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What You'll Learn
Constitutional bodies are established by the Constitution of India
In India, a constitutional body is an organisation or institute established by the Constitution of India. They are considered more prestigious and powerful than other organisations and are essential for maintaining the principles of the Constitution. They ensure democracy works smoothly by overseeing elections and promoting transparency and accountability.
Constitutional bodies are formed to handle various state activities and are mandated by the Indian Constitution. Their powers and authority are derived from the Constitution, and any changes to their functions or powers require a constitutional amendment. They are permanent or semi-permanent bodies with specific roles and responsibilities outlined in the Constitution. The President of India has the authority to make appointments to these bodies, but this is typically done based on proposals from the Cabinet and in consultation with the Prime Minister.
Examples of constitutional bodies in India include the Election Commission of India, which conducts and regulates national and state elections, and the Union Public Service Commission, which is responsible for recruiting candidates for various constitutional posts. The Finance Commission is another example of a constitutional body, tasked with allocating revenue resources between the Union and state governments.
It is important to distinguish constitutional bodies from non-constitutional or extra-constitutional bodies, which are not defined in the Indian Constitution. NITI Aayog, for instance, is an executive body and not a constitutional one. Understanding the distinction between these bodies is essential for civil service examinations in India, such as the UPSC and IAS exams.
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They are more powerful than other organisations
In India, a constitutional body is an organisation established by the Constitution of India. They are considered more powerful than other organisations because they derive their powers and authorities directly from the Constitution. Any changes to their functions or powers require a Constitutional amendment, which is a complex and lengthy process.
Constitutional bodies are essential for maintaining the principles of the Constitution and ensuring the smooth functioning of democracy in India. They play a crucial role in overseeing elections, promoting transparency and accountability, and ensuring justice, equality, and integrity. Examples of constitutional bodies in India include the Election Commission of India, the Union Public Service Commission, and the Finance Commission.
The formation and powers of constitutional bodies are prescribed by the Indian Constitution itself. They are created to regulate sectors of national importance independently, without any executive interference. The members of the Constituent Assembly of India recognised the need for such independent institutions. As a result, they introduced constitutional provisions that paved the way for the creation of constitutional bodies.
Constitutional bodies have permanent or semi-permanent roles in the government and are responsible for executive functions. The President of India has the authority to appoint members to these bodies, based on proposals from the Cabinet. However, this power is typically exercised only after discussions with the Prime Minister. The members of constitutional bodies can only be removed by a two-thirds majority vote in both houses of Parliament, further emphasising their independence and power.
In contrast, non-constitutional bodies or extra-constitutional bodies are authorities or agencies that are not defined in the Indian Constitution. These bodies are established by an Act of Parliament rather than a Constitutional Amendment Bill. An example of a non-constitutional body is NITI Aayog, which is an executive body.
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The President of India appoints members to constitutional bodies
In India, a constitutional body is an organisation or institution established by the Constitution of India. These bodies are seen as more prestigious and powerful than other organisations and can only be created or changed through a constitutional amendment. They are responsible for executive functions and are essential for maintaining the principles of the Constitution, ensuring democracy works smoothly, and maintaining law and order. Examples of constitutional bodies in India include the Election Commission of India, the Union Public Service Commission, and the Finance Commission.
The President of India is the head of state of the Republic of India and the nominal head of the executive. The President is indirectly elected by an electoral college comprising both houses of the Parliament of India and the legislative assemblies of each of India's states and territories. The President's primary duty is to preserve, protect and defend the Constitution and the law of India. The President also has the authority to make appointments to constitutional bodies, although this power is exercised based on proposals from the Cabinet, which decides who is appointed and to what positions. These decisions are usually discussed with the Prime Minister before finalisation.
The President of India appoints the Chief Justice of India and other judges in consultation with the CJI and other senior judges. The President also appoints the Prime Minister, who is usually the leader of the majority party or coalition in the Lok Sabha, and other ministers on the advice of the Prime Minister. Additionally, the President appoints the Indian government's chief legal adviser, the Attorney General for India, who holds office during the pleasure of the President.
The President also plays a role in the formation of various commissions that are considered constitutional bodies. For example, according to Article 280 of the Indian Constitution, the President creates the Finance Commissions, which are responsible for establishing financial ties between the national government and state governments. The President appoints the chairperson and four additional members of the Finance Commission every five years. The President also creates a commission to look into the social and economic conditions of the lower classes, appointing the chairperson, vice-chairperson, and other members by warrant.
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They are essential for maintaining the principles of the Constitution
In a democratic country like India, Constitutional Bodies are essential for maintaining the principles of the Constitution. They are organisations or bodies established by the Constitution of India and derive their powers and authorities from it. Any changes to their functions or powers require a Constitutional Amendment.
Constitutional Bodies are responsible for taking care of the law and order of the country, and they play a crucial role in maintaining its polity, economy, and law and order. They oversee elections, promote transparency and accountability, and ensure the smooth functioning of democracy. For example, the Election Commission of India is a Constitutional Body that conducts and regulates national and state elections, ensuring free and fair elections in the country.
The Union Public Service Commission is another example of a Constitutional Body. It is the central recruiting agency responsible for appointments to various constitutional posts. The Finance Commission is also a Constitutional Body, responsible for allocating revenue resources between the Union and State governments.
Constitutional Bodies are more powerful and prestigious than other organisations as they are independent of executive interference. They have either complete or functional independence when discharging their constitutional obligations, and their members can only be removed by a two-thirds majority vote in both houses of Parliament.
The President of India has the authority to appoint members to these bodies, but this is typically done based on proposals from the Cabinet, which decides on appointments and positions. Constitutional Bodies are essential for ensuring the government operates effectively and efficiently while upholding the values of justice, equality, and integrity, as enshrined in the Constitution.
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Examples include the Election Commission of India
A constitutional body in India is an organisation or institute established by the Constitution of India. These bodies can only be created or changed through a constitutional amendment, and they derive their powers from the Indian Constitution. They are responsible for executive functions and are essential for maintaining the principles of the Constitution, ensuring democracy works smoothly.
The Election Commission is responsible for scrutinising and accepting applications from candidates contesting elections. It sets limits on poll-related expenditure and appoints officers of the Indian Revenue Service as election observers. The commission also decides on the dates for filing nominations, voting, counting, and announcing results. To ensure free and fair elections, the Election Commission introduced electronic voting machines (EVMs) to reduce malpractices and improve efficiency. The ECI also issues a Model Code of Conduct for political parties and candidates, which was first issued in 1971 for the 5th Lok Sabha elections and has been revised periodically.
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Frequently asked questions
A constitutional body in India is an institute established by the Constitution of India. They are created to regulate sectors of national importance without any executive interference. They are more powerful than other organisations and can only be changed or removed by a 2/3-majority vote in both houses of Parliament.
Examples of constitutional bodies in India include the Election Commission of India, the Union Public Service Commission, the Finance Commission, the Comptroller and Auditor General of India, and the National Commission for Scheduled Caste.
Constitutional bodies are formed and changed through constitutional amendment bills. They cannot be altered through regular, private, or parliamentary bills.
