Constitutional Bodies in India and their Functions

Constitutional Bodies in India are set up but the Constitution of India. Just as they are created by the constitution, they can also be amended and changed by passing a constitutional amendment bill.

Some of the constitutional bodies that exist in India are Election Commission, UPSC, SPSC, JPSC, Finance Commission, and National Commission for SCs and STs.

Constitutional bodies in India

Let us see various Constitutional bodies in India and their features:

Election Commission

Election Commission of India was established on 25th January 1950 under the Indian Constitution. The Election Commission of India is an autonomous constitutional authority. It is held responsible for administering Union and State election processes in the country.

Election Commission of India governs elections to the Rajya Sabha, Lok Sabha, and State Legislative Assemblies in India, and the offices of the Vice President and President in the nation.

The articles that deal with the powers, functions, tenure, eligibility, etc, of the Election Commission of India, are –

Composition of Election Commission

The Election Commission of India contains one Election Commission Officer and two Election Commissioners. And it shall be noted that the President of India appoints Election Commission Officers and the Election Commissioners.

After the appointment, they are supposed to serve for 6 years or up to the age of 65 years, whichever is earlier. The secretariat of the Election Commission is put up in the National Capital, Delhi.

Power and Functions of EC

Some of the many powers and functions of the Election Commission are-

1. It allows recognition and symbols to the political parties.
2. The Election Commission prepares electoral rolls and issues an Electronic Photo Identity Card, also known as EPIC.
3. Decides the election schedules for the conduction of periodic and timely elections, both general and bye-elections.
4. The Commission issues the model of conduct that needs to be followed by the political parties during the election campaigns.
5. It also sets the limit of the campaign expenditure per candidate and also monitors them.
6. It makes sure that the elections are held with the utmost credibility, fairness, freeness, integrity, accountability, transparency, and more.

Procedure for Removal

Since the Election commissioner enjoys the same perks as that of the Judge of the Supreme Court of India, Therefore, his process of removal is also the same as that of the Supreme Court Judge by the Parliament.

UPSC

The first Public Service Commission was set up back in the year 1926 on 1st October. However, it was on 26 January 1950 that it was accorded constitutional status. With this, it was given the title of a Union Public Service Commission, also known as UPSC.

Composition of UPSC

The Union Public Serving Commission headed by a Chairman and has other members at the bottom. They are selected by the President of the country. The members of the commission are reckoned to have an office for at least ten years either under the government of India or the Government of a State.

The chairman and the members of the commission are supposed to hold the office for either 6 years or till they complete 65 years of age, whichever is earlier.

Power and Functions of UPSC

Some of the many powers and functions of the UPSC are as follows –

1. It is responsible for the conduction of exams concerning the appointments to the services of the union that includes AIS, central and public services of the union territories.
2. This commission is consulted on matters relating to the recruitment of civil services and civil posts.
3. The commission assists the states in framing and operating the schemes for the joint recruitment of any services.
4. The work done by the commission is presented to the President of the country annually in the form of a report.
5. If the President refers, then the commission is consulted on any matter relating to the personnel management.

Removal of the UPSC Chairman

Chairman or any other member of a Union Public Service Commission shall be removed before his term, only by the order of the President on the grounds of misbehavior. It needs to be presented before the Supreme Court.

SPSC

Under the Government of India Act 1935, it was said that the establishment of the Public Service Commission at the Provincial level will be known as the State Public Service Commission. And it was stated that SPSC will be given the status of a constitutional body.

Composition of SPSC

An SPSC consists of a chairman at the top and other members at the bottom. The chairman and the members of the SPSC are selected by the governor of the state.

Like that of the UPSC, one-half of the members of an SPSC should have held an office for at least 10 years either under the government of India or the government of the respective state.

The members and the chairman of the commission are supposed to serve either for 6 years or till they complete 62 years of age.

Power and Functions of SPSC

Some of the many functions and powers of the SPSC are as follows –

1. Conducts examinations for appointments relating to the services of the state.
2. The SPSC is consulted on all the matters relating to the recruitment of civil posts and civil services
3. The commission is consulted on the matters that relate to personnel management.
4. The work done by the commission is presented annually to the governor of the state in the form of a report.

JPSC

JPSC stands for Jharkhand Public Service Commission. The commission came into being on 15 November 2000. It is a state agency for Jharkhand that is constituted to conduct examinations, interview, and recruit for the state civil services.

Composition of JPSC

JPSC is headed by the Chairman and has members at the bottom. The members and the chairman of the commission are selected by the Governor of the state.

Power and Functions of JPSC

Some of the many functions and responsibilities of the JPSC are as follows –

1. Conduct recruitments for civil services and the departmental posts.
2. Conduction of competitive exams in the state
3. Transfer the civil service officers from one place to another.
4. Head the disciplinary cases under its jurisdiction.
5. Conduct interviews, screening tests, and written tests.

Finance Commission

It is a constitutional body that is made to allocate the revenue resources between the state governments and the union. The commission was established in 1950 by the President of India under Article 280 of the Indian Constitution.

Composition of Finance Commission

The Finance Commission consists of a Chairman at the top and 4 members at the bottom. The chairman is supposed to have experience in the public affairs and looks over the activities of the commission.

The qualifications and the selection procedure of the members of the Finance Commission are determined by the Parliament. All the appointments of the Finance Commission are made by the President of India.

Power and Functions of Finance Commission

Some of the many powers and functions of the Finance Commission are as follows –

1. It has certain and sufficient powers to exercise its functions within its activity domain.
2. The President can refer to the Finance Commission, any matter related to the matters of sound finance.
3. It evaluates the rise of the consolidated fund of a state to attach the resources of the state to the Municipality and the Panchayats.
4. It can make recommendations relating to the principles directing the grants in aid to the states by the center, out of the Consolidated Funds of the country.
5. The Finance Commission holds all the powers as that of a Civil Court in the country.

National Commission for SC’S And ST’S

The National Commission for Scheduled Castes (NCSC) and scheduled tribes (NCST) were established under Articles 338A and 338B of the Indian constitution by the 89th Constitutional Amendment Act, 2003.

The commission was established with a motive to protect the SC/ST community from discrimination and exploitation.

Composition of National Commission for SC’s and ST’s

The National Commission for SC/ST consists of a chairman, a vice-chairman, and 3 members.

Power and Functions of National Commission for SC’s and ST’s

Some of the many functions and powers of the National Commission for SCs and STs are –

1. Enquiring into the complaints that relate to the deprivation of the rights and safeguards of the SCs and STs.
2. Function concerning the protection, welfare, development, and advancement of the SC/ST community.
3. Reporting to the President of India regarding the implementation of the safeguards for the SC/ST.
4. Advise the central or the state governments concerning the planning of the socio-economic development of the SCs and STs.

Attorney General of India

The chief legal advisor of the country is known as the Attorney General of India. He is appointed by the President of the country on the recommendations of the Union Cabinet.

The Attorney General holds the office as per the preference of the President. Some of the functions of the Attorney General of India are as follows –

Powers and functions of the Attorney General of India

1. He enjoys the privileges of the Member of Parliament.
2. Has the rights of an audience in all the Indian Courts.
3. It holds the authority to attend both the Lok Sabha and the Rajya Sabha.
4. The attorney general cannot vote in any of the houses.

Special officer for Linguistic Minorities

Article 350 B of the Indian Constitution talks about the provision for Special Officer for linguistic minorities. The special officer is assigned the duty to investigate the matters that relate to the safeguards that are provided to the linguistic minorities.

It is supposed to present its report to the president of the country regarding such matters. All these matters are supposed to be presented before the houses by the president of the country and are forwarded to any state governments if required.

Functions of the Officer for the Linguistic Minorities

Some of the functions of the officer for the linguistic minorities include the following –

1. Investigate the matters that are related to the safeguards of the linguistic minorities.
2. Present the report to the president of the country regarding the implementation and the work that is done by him.
3. It is supposed to monitor these safeguards by regular questionnaires, seminars, meetings, and more.

Conclusion

Different commissions are responsible for their roles and functions. They work following the government of India towards their respective purposes. The constitution of the country grants all the powers to these bodies to perform their duties efficiently and effectively.

However, if any commission feels it has been granted limited power or authority, it can make its way to the supreme court of the country and demand more rights or powers.