Constitutional Bodies PDF

Constitutional Bodies 1. Election Commission 2. Union Public Service Commission 3. SPSC/JPSC 4. Finance Commission 5. Comptroller & Auditor General of India 6. Attorney General 7. Advocate General...

Constitutional Bodies 1. Election Commission 2. Union Public Service Commission 3. SPSC/JPSC 4. Finance Commission 5. Comptroller & Auditor General of India 6. Attorney General 7. Advocate General 8. National commission for schedule castes 9. National commission for schedule tribes 10. Special officer for linguistic minorities venkatakrishnan.iyer.12 1 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  Election Commission: Part XV, 324-329-A Art 324: Superintendence, direction & control of elections  Parliament  State legislatures  Office of President of India  Vice-President Composition CEC + other commissioners -> President fix from time to time 1950 to 1989: Only CEC 1989 to 1990: 1+ 2 1990 to 1993: Only CEC From 1993: 1 +2 CEC’s power, salary & allowances = ECs = Judge of Supreme Court CEC VS ECs then decision by majority Term – 6 Yrs /65 whichever is earlier 2 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  Provisions for Independence  CEC Removal - proved misbehaviour or incapacity same as a Supreme Court Judge – a resolution in both houses with special majority  CEC Service conditions not varied after appointment  Recommendation of CEC to remove ECs/regional commissioners Some imperfections Not prescribed the qualifications (legal, educational, administrative or judicial) Not debarred the ECs from further Govt. appointment 3 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  Powers & Functions  Administrative  Advisory  Quasi-Judicial Territorial delimitation of constituencies –Act 2002 Act as a court for settling disputes – Party recognition, Election Symbol Code of Conduct during elections Roster for publicity – on TV etc., Advise President/Governor MPs/MLAs disqualification Possibility of conducting election in President rule state State level Chief electoral Officer – appointed by CEC in consultation with state 4 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  Union Public Service Commission – Art 312 to 323, Part XIV Central Recruiting Agency Composition- determined by President Chairman + Others No qualifications for members except one-half 10 years service under Gov. of India/state Term - 6/65 Acting chairperson possible Removal by President 1. adjudged an insolvent 2. engages paid employment outside 3. infirmity of mind or body 4. Misbehaviour – interested/ profit in contract made by GoI/S - (SC enquiry & its binding) 5 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  Provision for Independence Security of Tenure  Service conditions not varied after appointment  SAP- Consolidated fund of India – NOT subject to vote of Parliament  Chairperson NOT eligible for further employment in GoI/s – ‘Constitutional Office’ possible  Member – further only as Chairperson UPSC/SPSC  Chairperson/ Member – NO 2nd term 6 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  Functions Conducting Exams: AISs[IAS…], CSs[IFS…], UT Public Services Assistance to states on request by Governor & on President’s approval Consultant in Personnel Management – Recruiting Methods – Principles in Making Appointments – Suitability for appointments, transfers, promotions(UPSC to ratify) – Disciplinary Matters – Any claim – Temporary Appointments exceeding ONE year – Extension or Re-employment 7 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  SC held that irregularity in consultation with UPSC does NOT invalidate the decision of Government Additional functions conferred by Parliament i.e. extension by Parliament  UPSC Reports  President  Parliament  Not acceptance [Approval of Cabinet Committee on Appointments required]– Reason An individual ministry/Dept NO power to reject UPSC advice 8 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  Limitations (UPSC not consulted) Reservation for backward Claims of SCs & STs Diplomatic appointments Group C & D Temporary appointment less than one year Presidential exclusion, but such to be laid to Parliament for 14 days Role of UPSC Watch-dog of merit system in India NOT concerned with classification of services, pay & service conditions, cadre management, training…(DoPT- central personnel agency) Advisory A: Emergence of CVC affects the role of UPSC R: Both are consulted by Gov. on disciplinary matters 9 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  SPSC: Art 315 to 323, PartXIV Composition- determined by Governor Chairman + Others No qualifications for members except one-half 10 years service under Gov. of India/state Term - 6/62 Acting chairperson possible Removal by President 1. adjudged an insolvent 2. engages paid employment outside 3. infirmity of mind or body 4. Misbehaviour – interested/ profit in contract made by GoI/S - (SC enquiry & its binding) 10 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  Provision for Independence  Security of Tenure  Service conditions not varied after appointment  SAP- Consolidated fund of state – NOT subject to vote  Chairperson NOT eligible for further employment in GoI/s – But Member/Chair of UPSC & ‘Constitutional Office’ possible  Member – further only as Member/Chairperson UPSC & Chairperson of SPSC  Chairperson/ Member – NO 2nd term 11 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  Functions Conducting Exams for state services Consultant in Personnel Management – Recruiting Methods – Principles in Making Appointments – Suitability for appointments, transfers, promotions(SPSC to ratify) – Disciplinary Matters – Any claim – Any other personnel management 12 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  SC held that irregularity in consultation with SPSC does NOT invalidate the decision of Government Additional functions conferred by state legislature i.e. extension by state legislature like on local authority, corporate body/ public instituion  SPSC Reports  Governor  state legislature  Not acceptance [Approval of Cabinet Committee on Appointments required]– Reason 13 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  Limitations (SPSC not consulted) Reservation for backward citizens Claims of SCs & STs Governor & exclusion, but such to be laid to state legislature for 14 days Role of SPSC Watch-dog of merit system in state NOT concerned with classification of services, pay & service conditions, cadre management, training…(DoPT- central personnel agency) Advisory A: Emergence of SVC affects the role of SPSC R: Both are consulted by Gov. on disciplinary matters Consulted by Governor while framing rules for appointment to judicial service 14 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  JPSC Can be created by an Act of Parliament on the request of 2 or more states – statutory body Chairman & Members - appointed/removal condition of services by President Term – 6/62 JPSC Reports  Governor  state legislature *********** GoI Act 1919 – set up Central Public Service Commission in 1926 GoI Act 1935 – Provided for Federal, Provincial & Joint Public Service Commissions 15 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  Finance Commission – Art 280 Quasi-judicial body Every 5th year or earlier constituted by President Composition Constitution authorised parliament to specify qualification Chair [experience in public affairs]+ 4 [high court judge or qualified for that, knowledge of finance & accounts of the Gov. experience in financial matters & admin, knowledge in economics] appointed by President Term – specified by President, eligible for reappointment 16 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  Functions- Recommendations to President  Distribution of net proceeds of taxes between Centre & States, allocation between states  Grants-in-aid to states – principle  Measures to augment the consolidated fund of state to supplement the resources of local Gov.  F.C. Reports  President –[explanatory memorandum] Parliament  Advisory role – NOT binding Gov. Impact of Planning Commmission Rajmannar highlighted the overlapping b/w F.C & P.C – Capital requirements So far 14 Commissions…2015-2020 17 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  Comptroller & Auditor General of India (CAG) Art. 148 Most important officer under Constitution - Dr. B.R. Ambedkar  Head of the Indian Audit & Accounts Department  Guardian of public purse – Centre and States  Uphold constitution in the field of financial administration Appointed by President of India by a warrant under his hand and seal- oath or affirmation Term-6/65 Removal like Supreme Court Judge 18 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  Independence Security of tenure - NOT hold office till the pleasure of President Not eligible to hold further office under GoI/State Salary & service conditions Parliament SAP – consolidated fund of India Personnel & administrative powers for CAG prescribed by President after consulting CAG NO minister represent/responsible for CAG in Parliament 19 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  Duties and Powers [Art 149]  Parliament to prescribe in relation to accounts of Union, States and any other authority or body  1971 Act, 1976 Act separated accounts from audit in the central Gov.  Audits Consolidated Fund of India/states/UTs having legislature  Audits Contingency fund of India/states, Public Account of India/states  Audits all activities of any departments of Centre & states  Audits receipts and expenditures of Centre & states, government companies, suspense accounts 20 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth   Audits stock accounts with approval/required by President  Audits any other authority by the request of President/Governor  Advises President the form in which the accounts of Centre and states shall be kept  Reports  President  Parliament  Reports  Governor  state legislature  Ascertains and certifies the net proceeds of any tax or duty  Compiles accounts of states  Guide, Friend & Philosopher to Public Accounts Committee [PAC]of Parliament 21 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  CAG submits 3 audit reports on Appropriation accounts Finance accounts Public Undertakings Reports  President  Parliament  PAC findings  Parliament Role Agent of parliament, so only responsible to it More freedom to audit of expenditure than other audits Conduct not only regulatory audit [Obligatory]but Propriety audit [Discretionary] Secret service expenditure - CAG to accept certificate from competent authority (limitation for CAG) Only Auditor-General role NOT comptroller i.e NO control over the issue of money - different from UK’s CAG their executive draw money with approval of CAG 22 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  CAG & Corporation – Audit relationship limited  Totally & Directly : DVC, ONGC, AI, IA  Supplementary - private professional auditors appointed with his consultation : CWC, IFC  Only private professional auditors – NO CAG: LIC, RBI, SBI, FCI CAG & Gov. Companies – limited private professional auditors appointed by Gov. with his advice – supplementary audit/test audit 1968 an Audit Board [1+2 appointed by CAG]as a part of CAG office – to handle technical aspect of specialised enterprises like Steel, Chemicals… 23 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  Appleby’s Criticism Abolition of CAG Has a repressive & negative influence Do not know about administration 24 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  Attorney General Advocate General Art 76 Art 165  Highest Law officer in India  Highest Law officer in state  Appointed by President  Appointed by Governor  Supreme court judge  H. court judge qualification qualification i.e. i.e.  5 Yrs Judge of H.Court [or]  10 Yrs Judicial Office  10 Yrs Advocate in H.Court  10 Yrs Advocate in H.Court  An eminent jurist in the  Term NOT fixed, NOT opinion of President procedure for removal -  Term NOT fixed, NOT pleasure of Governor procedure for removal -  Conventionally resigns pleasure of President with Gov.  Conventionally resigns with  Governor determine Gov. remuneration  President determine remuneration 25 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  Attorney General Advocate General Duties & Functions Duties & Functions Legal advice to GoI referred Legal advice to Gov. of a state by President referred by Governor Legal duties Assigned by Legal duties Assigned by President- appear on behalf of Governor GoI in all cases in S. Court, Rights inside State represent GoI in S.Court for Right of audience in all courts- Presidential reference, appear with out vote : right to speak in any H.Court when required and take part in both by GoI houses/joint sitting, right to Rights part of legislature committee Right of audience in all courts- where named as member- with out vote : right to speak enjoys privileges & immunities and take part in both of MLA houses/joint sitting, right to part of parliament committee where named as member- enjoys privileges & immunities of MP 26 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  Attorney General Solicitor General Limitations To Assist Attorney General  Should not advice or hold NOT mentioned in Art 76 of a brief against GoI constitution  Should not defend accused persons in criminal prosecution without permission of GoI  Should not accept appointment in any company/corporation without permission of GoI  NOT a full-time counsul  NOT a government servant  NOT debarred from private practice 27 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  NATIONAL COMMISSION NATIONAL COMMISSION FOR SCs FOR STs Art.338, Part XVI Art.338 –A, Part XVI, 89th Evolution: A. Act Constitutional Special Evolution: Constitutional Officer to non-statutory Special Officer to non- commission to statutory commission to Constitutional Body (65th Constitutional Body A. Act) (65th A. Act) 89th A. Act 2003 – NCSCs 89th A. Act 2003 – & NCST NCSCs & NCST Came in 2004 Came in 2004 Chair+ Vice Chair + 3 Chair+ Vice Chair + 3 Members Members Appointed by President Appointed by President [warrant under hand & [warrant under hand & seal] seal] Service & Tenure determined by President Service & Tenure Note: 1999 Ministry of determined by Tribal Affairs President [3 years] 28 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  The Chairperson has been given the rank of Union Cabinet Minister, and the Vice- Chairperson that of a Minister of State and other Members have the ranks of a Secretary to the Government of India. 29 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan  FUNCTIONS of NCSCs FUNCTIONS of NCSTs Investigate, Monitor & Investigate, Monitor & evaluate – legal evaluate – legal safeguards safeguards Inquire into specific Inquire into specific complaint related to complaint related to deprivation of rights deprivation of rights Participate, advise, Participate, advise, evaluate planning evaluate planning process in Union/State process in Union/State Recommendations for Recommendations for protection, welfare & protection, welfare & socio-economic socio-economic development in development in Union/State Union/State Annually or at such Annually or at such other times, report  other times, report  President President Other functions Other functions President may specify President may specify 30 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  Report of the Commission Report of the Commission President places all President places all such reports along with such reports along with a memorandum (action a memorandum (action taken + non- taken + non- acceptance) in acceptance) in parliament parliament President also forward President also forward any report pertaining to any report pertaining to state to Governor. state to Governor. Governor places all Governor places all such reports along with such reports along with a memorandum (action a memorandum (action taken + non- taken + non- acceptance) in acceptance) in legislature legislature 31 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  POWERS OF THE POWERS OF THE COMMISSION COMMISSION Power to regulate its own Power to regulate its own procedure procedure Powers of a Civil Court Powers of a Civil Court  Summoning & enforcing  Summoning & enforcing attendance of any person attendance of any person from any part of India & from any part of India & examining him on oath examining him on oath  Requiring the discovery  Requiring the discovery and production of any and production of any document document  Receiving evidence on  Receiving evidence on affidavits affidavits  Requisitioning any public  Requisitioning any public record from any court or record from any court or office office  Issuing summons for the  Issuing summons for the examination of witnesses examination of witnesses & documents & documents  Other matter determined  Other matter determined by president by president 32 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  Other functions of NCSTs In 2005 President specified Ownership measures related to minor forest produce Safeguard measures related to Mineral, Water resources as per law Livelihood strategies measures Preventive measures for alienation from land & rehabilitation measures for affected Elicit cooperation for protecting forests & social afforestation Ensuring implementation of PESA Act, 1996 Reducing & eliminating shifting cultivation 33 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  The safeguards provided to Scheduled Castes are grouped in the following broad heads Social Safeguards - Article 17, 23, 24 and 25 (2) (b) Economic Safeguards - Article 23, 24 and 46 Educational & Cultural Safeguards - Article15 (4) Political Safeguards - Article 243, 330 and 332 Service Safeguards - Articles 16(4), 16(4A) and 335 34 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan  SPECIAL OFFICER FOR LINGUISTIC MINORITIES – Commissioner for Linguistic Minorities Originally NOT State Reorganization Commission recommended 7th A. Act of 1956, Art. 350-B, Part XVII Appointed by President Report  President  parliament & concerned state governments Report interval as President may direct Constitution does NOT specify qualification, tenure, salaries & allowances, service conditions, and procedure for removal Created in 1957 HQs – Allahabad, 3 Regional Offices Belgaum, Chennai, Kolkata Under Minority Affairs Ministry 35 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  Role Looking grievances of (individuals/organisation/state or UT Gov.) non-implementation of constitutional & nationally agreed scheme Publicize constitutional safeguards Function Investigate safeguards Monitor safeguards – questionnaires, visits, conferences, seminars, meetings, review mechanism etc., Objectives Equal opportunities to linguistic minorities National integration Safeguards awareness Safeguards implementation by states/UTs 36 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth  Safeguards types (1) Those provided in the Constitution Constitutional Provisions Article 29 Article 30 Article 347 Article 350 Article 350A (2) Those arrived at by consensus by Central and State Governments through series of meetings Instruction through minority languages at the Secondary stage of education (3) The Combined Scheme 1+2 37 CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan