Jonah Patel
In India, a constitutional body is an institution or authority that is established by the Constitution of India. These bodies are explicitly mentioned in the Constitution and are a fundamental part of the country's governance and administrative structure. They are created to ensure the proper functioning of the government, safeguard democratic processes, and uphold the rule of law. Constitutional bodies in India include the Attorney General, Finance Commission, Election Commission, National Commission for Scheduled Tribes, and National Commission for Backward Classes, among others. These bodies have specific roles and responsibilities outlined in the Constitution and are crucial for maintaining transparency, accountability, and fairness in governance.
| Characteristics | Values |
|---|---|
| Type of body | Constitutional body |
| Location | India |
| Established by | Constitution of India |
| Creation or amendment | Requires a constitutional amendment bill |
| Removal of members | Requires a 2/3 majority vote in both houses of Parliament |
| Examples | Election Commission of India, Finance Commission, Attorney General of India, National Commission for Backward Classes |
| Role | Administration, ensuring smooth functioning of democracy, upholding the Constitution, safeguarding democratic processes, ensuring transparency and accountability |
| Powers | Derived directly from the Constitution |
| Composition | Members are appointed, usually by the President |
| Functions | Legal advice, financial audits, election management, safeguarding rights of marginalized groups |
| Independence | Guaranteed by the Constitution |
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What You'll Learn
Election Commission of India
In India, a constitutional body is an institution or authority that is explicitly mentioned in and derives its powers directly from the Constitution of India. They are typically established to uphold democratic governance and ensure the effective implementation of constitutional mandates. These bodies can only be created or modified by passing a constitutional amendment bill, rather than an Act of Parliament.
The Election Commission of India (ECI) is a constitutional body established by the Constitution of the Republic of India. It is empowered by Article 324 of the Constitution and the Representation of the People Act to conduct free and fair elections at the national level, as well as for State Legislative Assemblies, State Legislative Councils, and the offices of the president and vice-president. The ECI is headed by a chief election commissioner and consists of two other election commissioners as members. The appointment and term of these commissioners is prescribed in the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
The Election Commission is responsible for scrutinizing and accepting applications from candidates willing to contest in the elections. It decides the dates for filing nominations, voting, counting, and announcing results. The commission also sets limits on poll-related expenditures by candidates during election campaigns. To ensure free and fair elections, the ECI introduced electronic voting machines (EVMs) to reduce malpractices and improve efficiency. These machines were first trialled in 1982 and, after successful testing and legal inquiries, were introduced on a large scale.
The ECI also operates various electronic media platforms, including websites and mobile applications, to enable functions such as addressing grievances, checking electoral rolls, disseminating information on candidates, and monitoring assigned tasks.
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Finance Commission
In India, a constitutional body is an institution or authority that is either directly established by the Constitution of India or mandated by it. These bodies are integral to the functioning of the democratic polity and governance in India and uphold the principles enshrined in the Constitution. They can only be created or changed by passing a constitutional amendment bill.
The Finance Commission is a constitutional body in India established under Article 280 of the Indian Constitution. It is constituted by the President of India to define the financial relations between the central government of India and the individual state governments. The Finance Commission is appointed every five years and consists of a chairman and four other members. The chairman is selected from people with experience in public affairs, while the other four members are selected based on their expertise in areas such as law, government finances, administration, and financial matters.
The main role of the Finance Commission is to make recommendations to the President on the distribution of tax proceeds between the Union and the States, as well as the allocation of funds among the States themselves. They also deal with the devolution of unplanned revenue resources and grants-in-aid to the states. The Commission promotes social welfare by recommending grants-in-aid to states that may not generate adequate revenue for essential services like health, education, and infrastructure. This reduces fiscal imbalances and empowers state governments by providing them with increased financial resources and autonomy.
The Finance Commission also fosters cooperation and dialogue between the central and state governments, promoting a healthy federal structure. The Commission's recommendations are made after a thorough examination of the finances of the Union and the States, which typically takes about two years. The Fifteenth Finance Commission, constituted in 2017, had the main tasks of strengthening cooperative federalism, improving the quality of public spending, and protecting fiscal stability. The Sixteenth Finance Commission has also been proposed, with Dr. Arvind Panagariya appointed as its chairman.
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Attorney General of India
In India, a constitutional body is an institution or authority that is explicitly mentioned in the Constitution of India, deriving its powers and responsibilities directly from it. These bodies are established by the Constitution of India and can only be created or changed by passing a constitutional amendment bill. They play a vital role in upholding the principles enshrined in the Constitution and ensuring the smooth functioning of democracy.
The Attorney General of India is the highest law officer in the country and a part of the Union Executive. The Attorney General is appointed by the President of India on the advice of the government and the Chief Justice of India. There is no fixed term for the Attorney General, and they can be removed when the council is dissolved or replaced. The first Attorney General of India, M.C. Setalvad, worked at his post for the longest term of 13 years.
The Attorney General advises the Union Government on all legal matters referred to him by the President and represents the Union Government in the Supreme Court of India and the High Court in any case related to the Government of India. The Attorney General also has the right to take part in the proceedings of both Houses of Parliament without a right to vote.
To avoid conflict of duty, there are certain limitations on the Attorney General. They should not advise or hold a brief against the Government of India or in cases where they are called upon to advise or appear for the Government. They should not defend accused persons in criminal prosecutions without the Government's permission and should not accept appointments as a director in any company or corporation without the Government's approval.
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National Commission for Backward Classes
In India, a Constitutional body is an institution or authority established by the Constitution of India. These bodies are explicitly mentioned in the Constitution, and they play a vital role in upholding the principles enshrined in the Constitution and ensuring the smooth functioning of democracy. They can only be created or modified by passing a constitutional amendment bill, rather than an Act of Parliament.
The National Commission for Backward Classes (NCBC) is a constitutional body in India. It was established to investigate and monitor all matters relating to the safeguards provided for the socially and educationally backward classes under the Constitution, laws, or government orders. The NCBC also inquires into specific complaints regarding the deprivation of rights and safeguards of these classes.
The NCBC consists of a Chairperson, Vice-Chairperson, and three other members appointed by the President. It has the power to regulate its own procedure and considers inclusions in and exclusions from the lists of communities notified as backward for the purpose of job reservations. The NCBC advises the Central Government on these matters and makes recommendations to the Union or any State for the effective implementation of safeguards and other measures for the protection, welfare, and socio-economic development of the socially and educationally backward classes.
The NCBC has proposed that a person belonging to the Other Backward Classes (OBCs) with an annual family income of up to ₹15 lakhs should be considered the minimum ceiling for OBC. The NCBC has also recommended subdividing OBCs into 'backward', 'more backward', and 'extremely backward' blocs and dividing the 27% quota among them proportionally.
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National Human Rights Commission
In India, a constitutional body is an institution or authority that draws its powers and responsibilities directly from the Constitution of India. They are established by the Constitution of India and can only be created or changed by passing a constitutional amendment bill.
The National Human Rights Commission (NHRC) is a statutory body set up on 12 October 1993 under the Protection of Human Rights Act, 1993 (PHRA). The NHRC is responsible for the protection and promotion of human rights, which are defined by the act as "rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Constitution". The NHRC is empowered to utilise the services of any officer or investigation agency of the central or state government to investigate complaints of human rights violations. It can review the safeguards provided under the constitution or any law for the protection of human rights and recommend remedial measures. The NHRC also undertakes and promotes research in the field of human rights and works to spread human rights literacy among various sections of society.
The NHRC's functions are primarily recommendatory, and it has no power to punish violators of human rights or to award relief to victims. Its powers regarding violations of human rights by the armed forces are also limited. The NHRC submits an annual report to the central government and the state government, which is then presented to the Houses of Parliament or the State Legislature, along with a memorandum of action taken or proposed to be taken based on the Commission's recommendations.
The chairperson and members of the NHRC are appointed by the President of India, upon the recommendation of a committee. The committee consists of the Prime Minister of India, the Home Minister of India, the Leaders of the House and Opposition in the Lok Sabha and Rajya Sabha, and the Deputy Chairman of the Rajya Sabha.
While the NHRC plays a crucial role in upholding human rights, there have been calls for revamping the organisation to enhance its efficacy and make it a more effective watchdog of human rights violations in the country.
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Frequently asked questions
Yes, the Election Commission of India is a constitutional body. It was established on 25 January 1950 and is responsible for conducting and regulating national and state elections in India.
Yes, the Finance Commission of India is a constitutional body. It is constituted every five years and is responsible for recommending the distribution of tax proceeds between the central government and the states.
Yes, the Attorney General of India is a constitutional body and the country's chief legal advisor. The Attorney General is appointed by the President and serves at their pleasure without a fixed term.
No, the National Commission for Women is a statutory body established under the National Commission for Women Act, 1990. It is the apex organisation in India with the mandate of protecting and promoting the interests of women.
No, the National Human Rights Commission is a statutory body established under the Protection of Human Rights Act, 1993. It works towards granting rights relating to life, liberty, equality, and dignity as guaranteed by the Constitution.
