Constitutional Bodies - Study Notes PDF

Constitutional Bodies - Study Notes Polity Copyright © 2014-2023 TestBook Edu Solutions Pvt. Ltd.: All rights reserved  Download Testbook App Constitutional Bodies of India Article 76: Attorney-General of...

Constitutional Bodies - Study Notes Polity Copyright © 2014-2023 TestBook Edu Solutions Pvt. Ltd.: All rights reserved  Download Testbook App Constitutional Bodies of India Article 76: Attorney-General of India The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India. It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force. In the performance of his duties, the Attorney-General shall have the right of audience in all courts in the territory of India. The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine. Restriction on Attorney General of India The Attorney General can accept briefs but cannot appear against the Government. Article 148: Comptroller & Auditor General of India There shall be a Comptroller and Auditor General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as a Judge of the Supreme Court. Every person appointed to be the Comptroller and Auditor-General of India shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. The salary and other conditions of service of the Comptroller and Auditor-General shall be such as may be determined by Parliament by law and, until they are so determined, shall be as specified in the Second Schedule: Provided that neither the salary of a Comptroller and Auditor-General nor his rights in respect of leave of absence, pension or age of retirement shall be varied to his disadvantage after his appointment. SUBJECT | Polity 1 of 9  Download Testbook App The Comptroller and Auditor-General shall not be eligible for further office either under the Government of India or under the Government of any State after he has ceased to hold his office. Subject to the provisions of this Constitution and of any law made by Parliament, the conditions of service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the Comptroller and Auditor-General shall be such as may be prescribed. Main Function of the CAG He submits his audit reports relating to the accounts of the Centre to the President and relating to the accounts of the States to the Governors. Election Commission of India (ECI) Composition and Appointments The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix. The President appoints the Chief Election Commissioner and the Election Commissioners. Salary They enjoy the same status and receive salary and perks as available to Judges of Supreme Court of India. Tenure They have a tenure of 6 years, or up to the age of 65 years, whichever is earlier. Key Functions and Powers of Election Commission of India Conduct of elections to Parliament, State Legislatures, the offices of President and Vice- President. Removal The Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court and the conditions of SUBJECT | Polity 2 of 9  Download Testbook App service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment. Union Public Service Commission (UPSC) Chairman of Union Public Service Commission Dr. Manoj Soni, Hon'ble Chairman, Union Public Service Commission Article-316. Appointment and term of office of members A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixty-five years, and in the case of a State Commission or a Joint Commission, the age of sixty-two years, whichever is earlier: Provided that— a member of a Public Service Commission may, by writing under his hand addressed, in the case of the Union Commission or a Joint Commission, to the President, and in the case of a State Commission, to the Governor of the State, resign his office; a member of a Public Service Commission may be removed from his office in the manner provided in clause (1) or clause (3) of article 317. Removal and Suspension (Article 317) Subject to the provisions of clause (3), the Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehaviour after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf under article 145, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed. The President, in the case of the Union Commission or a Joint Commission, and the Governor in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court under clause (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference. Notwithstanding anything in clause (1), the President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other member, as the case may be,— SUBJECT | Polity 3 of 9  Download Testbook App is adjudged an insolvent; or engages during his term of office in any paid employment outside the duties of his office; or is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body. If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of clause (1), be deemed to be guilty of misbehaviour. Various Functions of UPSC (Article 320) Under Article 320 of the Constitution of India, the Commission is, inter-alia, required to be consulted on all matters relating to recruitment to civil services and posts. The functions of the Commission under Article 320 of the Constitution are: Conduct examinations for appointment to the services of the Union. Direct recruitment by selection through interviews. Appointment of officers on promotion/deputation / absorption. Framing and amendment of Recruitment Rules for various services and posts under the Government. Disciplinary cases relating to different Civil Services. Advising the Government on any matter referred to the Commission by the President of India. Article-322. Expenses of Public Service Commissions. The expenses of the Union or a State Public Service Commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the Commission, shall be charged on the Consolidated Fund of India or, as the case may be, the Consolidated Fund of the State. National Commission for Scheduled Castes (NCSC) Functions and Commission SUBJECT | Polity 4 of 9  Download Testbook App To investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards. To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes. To participate and advise on the planning process of socio-economic development of the Scheduled Castes and to evaluate the progress of their development under the Union and any State. To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards. To make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes. Report of the Commission The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations. Where any report relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any such recommendations. Powers of the Commission The Commission, while investigating any matter or inquiring into any complaint, shall have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely: Summoning and enforcing the attendance of any person from any part of India and examining him on oath. Requiring the discovery and production of any document. Receiving evidence on affidavits. Requisitioning any public record or copy thereof from any court or office. Issuing commissions for the examination of witnesses and documents. SUBJECT | Polity 5 of 9  Download Testbook App Any other matter which the President may, by rule, determine. Article 338A: National Commission for Scheduled Tribes (NCST) Members The Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice- Chairperson and other Members so appointed shall be such as the President may by rule determine. The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal. Functions and Commission To investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards. To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes. To participate and advise on the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State. To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards. To make in such reports recommendation as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes. Report of the Commission The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations. SUBJECT | Polity 6 of 9  Download Testbook App Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any such recommendations. Powers of the Commission The Commission, while investigating or inquiring into any complaint, shall have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely: Summoning and enforcing the attendance of any person from any part of India and examining him on oath. Requiring the discovery and production of any document. Receiving evidence on affidavits. Requisitioning any public record or copy thereof from any court or office. Issuing commissions for the examination of witnesses and documents. Any other matter which the President may, by rule, determine. Article 338B: National Commission for Backward Classes (NCBC) Members The Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice- Chairperson and other Members so appointed shall be such as the President may by rule determine. The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal. Functions and Commission To investigate and monitor all matters relating to the safeguards provided for the socially and educationally backward classes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards. SUBJECT | Polity 7 of 9  Download Testbook App To inquire into specific complaints with respect to the deprivation of rights and safeguards of the socially and educationally backward classes. To participate and advise on the socio-economic development of the socially and educationally backward classes and to evaluate the progress of their development under the Union and any State. To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards. To make in such reports the recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the socially and educationally backward classes. Report of the Commission The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any such recommendations. Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any such recommendations. Powers of the Commission The Commission, while investigating or inquiring into any complaint, shall have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely: Summoning and enforcing the attendance of any person from any part of India and examining him on oath. Requiring the discovery and production of any document. Receiving evidence on affidavits. Requisitioning any public record or copy thereof from any court or office. Issuing commissions for the examination of witnesses and documents. Any other matter which the President may, by rule, determine. Summary Table SUBJECT | Polity 8 of 9  Download Testbook App Term Body Appointment Removal Functions Articles (Age/Year) Election of Parliament, 6/65 State Legislature, 324- ECI President (Determined By President President & Vice- 329 By President) President 6/65 (By 315- UPSC President By President Conduct Examination Constitution) 323 6/62 (By Conduct State 315- SPSC Governor By President Constitution) Examination 323 By President Recommendation FC (Determined By By President 280 To President President) 3 Years Work as a Quasi-Judicial NCSC By President (Determined By President 338 Body By President) 3 Years Work as a Quasi-Judicial NCST By President (Determined By President 338-A Body By President) 3 Years Work as a Quasi-Judicial NCBC By President (Determined By President 338-B Body By President) 6/65 Head of Audit & Account CAG By President (Determined By President Department & Chief 148 By President) Gradian of Public Purse Advice GOI in Legal To be Decided AGI By President By President Matters, Appear on Behalf 76 By President of GOI Advice State Govt. in Legal Decided By No Procedure AGS By Governor Matters, Appear on Behalf 165 Governor Given of State Govt. SUBJECT | Polity 9 of 9