Appointment to Various Constitutional Posts, Powers, Functions and Responsibilities of Various Constitutional Bodies

Which are the Constitutional Bodies in India? What are the Responsibilities of Various Constitutional Bodies? How do they work? Here the article gives a detailed explanation of the Appointment to Constitutional Posts, Powers, Functions, and Responsibilities of Various Constitutional Bodies.

A constitutional body in India is a group or institution that was created by the Indian Constitution. They derive their powers and authority from the Indian Constitution.

A constitutional amendment is often required to change any powers or functions related to Constitutional bodies.

The Indian Constituent Assembly’s members recognized the need for autonomous organizations that could oversee areas of national importance without interference from the executive. They introduced constitutional provisions to facilitate the process of establishing constitutional bodies.

In this article, we discuss the Appointment to Various Constitutional Posts, Powers, Functions, and Responsibilities of various Constitutional Bodies in India.

Appointment to Constitutional Posts, Powers, Functions, and Responsibilities of Various Constitutional Bodies

India has a well-defined constitutional framework that includes various bodies and posts with specific powers, functions, and responsibilities. Constitutional bodies in India play a crucial role in ensuring the functioning of a democratic system and safeguarding the principles enshrined in the Constitution.

Here is an overview of some key constitutional posts, along with their powers, functions, and responsibilities:

President of India:

• Appointment: The President is elected by an Electoral College consisting of elected members of both Houses of Parliament and the Legislative Assemblies of States and Union Territories.
• Powers and Functions:
  • Head of the State.
  • Commander-in-Chief of the Indian Armed Forces.
  • Power to grant pardons, reprieves, and remissions of punishment.
  • Appoints the Prime Minister and other key officials.
  • Represents India in international relations.

Vice President of India:

• Appointment: The Vice President is elected by an Electoral College consisting of members of both Houses of Parliament.
• Powers and Functions:
  • Acts as the ex-officio Chairman of the Rajya Sabha.
  • Assumes the office of the President in case of a vacancy.

Prime Minister:

• Appointment: The leader of the majority party in the Lok Sabha is invited by the President to form the government.
• Powers and Functions:
  • Head of the government.
  • Formulates and executes policies.
  • Advises the President on the appointment of various officials.

Council of Ministers:

• Appointment: Appointed by the President on the advice of the Prime Minister.
• Powers and Functions:
  • Formulates and implements policies.
  • Individual ministers head different ministries, each responsible for specific areas.

Governor of States:

• Appointment: Appointed by the President.
• Powers and Functions:
  • Head of the State in the respective state.
  • Represents the President at the state level.
  • Appoints the Chief Minister and other Council of Ministers members.

Chief Justice of India (CJI) and Judges of the Supreme Court:

• Appointment: The President appoints the Chief Justice of India and other judges in consultation with the CJI and other senior judges.
• Powers and Functions:
  • Interprets the Constitution.
  • Adjudicates disputes between the Union and States.
  • Protects the fundamental rights of citizens.

Election Commission of India

The Constitution of India establishes the Election Commission of India (ECI)  to oversee elections in the nation.

According to Article 324 of the Constitution, the election commission shall have the authority to supervise, direct, and oversee elections for the Parliament, State legislatures, The President of India, and The Vice-president of India.

The country’s elections are protected by the Election Commission. It publishes a Model Code of Conduct each election for political parties and candidates to follow to hold free and fair elections.

Thus, the Election Commission is an all-India body in the sense that is common to both central government and state governments.

Union Public Service Commission

The Union Public Service Commission, or UPSC as it is more generally known, is India’s top central hiring organization for the selection of all Group “A” officers working for the Indian government.

The Union Public Service Commission is envisioned by Article 315 at the Union level.

Article 315 to 323 in Part XIV of the constitution contains elaborate provisions regarding the composition, appointment, and removal of members along with the powers and functions of UPSC.

The Commission typically has between 9 and 11 members, including the chairperson. Each member serves a six-year term in office, or until he turns 65 years old, whichever comes first.

According to Article 320, it is the responsibility of the Union Public Service Commission to hold exams for appointments to the Union’s services. On request, it will also help two or more States formulate and carry out collaborative recruitment plans for any services.

State Public Service Commission

A constitutional body known as the State Public Service Commission was created following Articles 315 to 323 of Part XIV. Each state has its own State Public Service Commission in addition to the Union Public Service Commission in the Center. 

According to the Indian Constitution, The Governor of State may decide the terms of employment for the Chairman and other members of the State Public Service Commission.

The Constitution leaves it up to the Governor’s discretion as to how strong the Commission should be.

According to the Indian Constitution, the Governor of State may decide the terms of employment for the Chairman and other members of the State Public Service Commission.

A member of the SPSC may serve in that capacity for six years, or until they reach the age of 62, whichever comes first.

Anyone who has previously served in the capacity of a Public Service Commission member is ineligible to be appointed to that position again.

Finance Commission

According to Article 280 of the Indian Constitution, the President of India creates the Finance Commissions regularly to establish the financial ties between the national government of India and the various state governments.

The commission, which has a chairperson and four additional members, is established under the constitution and appointed every five years.

A finance committee chooses its chairman from among those having a background in public affairs. The remaining four members are chosen from among those who:

Are, or have been, or are qualified to serve as judges of a high court; 

have an accounting or financial understanding of the government;

have experience in administration and finance; 

or have specialized economic knowledge.

Now the 15th Finance Commission has been appointed. Nand Kishore Singh was appointed to serve as the chairman of the commission.

Goods and Services Tax Council

The 101 Amendment Act paved the way for the introduction of a new tax regime GST and the GST Council in the country.

The GST Council, the body responsible for overseeing GST, is composed of 33 members, of which 2 come from the federal government and 31 come from the 28 states and 3 union territories that have passed legislation. 

Its function is to make recommendations to central and state governments regarding GST.

It has representation from both the centre and states and hence is a federal body.

The following individuals are part of the council: 

• Union Finance Minister as chairperson 
• Union Minister of States overseeing finances or revenue 
• The state ministers in charge of finance, taxation, or other ministers are chosen by the government of each state.

Any regulation modifications, revisions, or rate changes for products and services in India must be approved by the GST Council.

Attorney General for India

The Attorney General of India serves as both the government’s top legal counsel and principal court representative.

According to Article 76(1) of the Constitution, they are chosen by the Indian President at the request of the Union Cabinet and serve at the President’s leisure.

They must be someone who meets the requirements to be appointed as a Supreme Court judge. Therefore, they had to have served as a high court judge for five years, a high court advocate for ten years, or an eminent jurist in the President’s estimation.

The government of India needs the attorney general’s advice on any legal issues that are referred to them.

Additionally, they carry out other legal obligations that the President has given them.

The attorney general is entitled to appear before all Indian courts and to take part in Parliamentary sessions, but not to vote.

In all Supreme Court actions (including lawsuits, appeals, and other hearings) involving the Indian government, the attorney general represents that government. 

Comptroller and Auditor General of India

According to Article 148 of the Indian Constitution, the Comptroller and Auditor General of India is the country’s top auditing body.

CAG is the Guardian of the Public Purse and Controls the entire financial system of the Country.

They have the authority to examine all monies received and spent by the Indian and state governments, as well as any autonomous organizations and businesses that get significant government funding.

The President of India appoints India’s Comptroller and Auditor-General.

Based on misbehaviour or incapacity that has been demonstrated, the CAG may only be removed by an address from both chambers of parliament.

The CAG resigns from the position when they reach the age of 65 or the end of their six-year term, whichever comes first, or through impeachment processes.

The CAG’s responsibilities include auditing, the Consolidated Fund of India and the States and Union Territories with Legislative Assemblies receipts and expenditures.

National Commission for Scheduled Castes

The Indian Constitution’s Article 338 addresses the National Commission for Scheduled Castes.

To provide safeguards against the exploitation of Scheduled Castes and Anglo-Indian communities and to advance and protect their social, educational, economic, and cultural interests, special provisions were made in the Constitution.

The National Commission for Scheduled Castes  reports to the Ministry of Social Justice and Empowerment

The commission has sole responsibility to investigate, monitor, and evaluate the success of any matters about the protections provided for the Scheduled Castes by this Constitution, any other law currently in force, or under any official order.

To look into particular concerns about the Scheduled Castes being denied protections and rights, to participate in and provide advice on the planning process for their socioeconomic development.

To provide reports on the operation of those safeguards to the President every year and at other times the Commission may deem appropriate.

National Commission for Scheduled Tribes

The Constitution (89th Amendment) Act of 2003 created the National Commission for Scheduled Tribes (NCST), an institution under the Indian Constitution.

The Commission is made up of three full-time Members, a Vice-Chairperson, and a chairperson. Each Commission member has a three-year term beginning on the day they take on their new responsibilities.

The commission performs duties such as looking into, keeping an eye on, and assessing the effectiveness of any issues relevant to the safeguards given for the Scheduled Tribes under the Constitution, any other law currently in effect, or any order of the government;

To look into particular allegations regarding the Scheduled Tribes’ lack of protections and entitlements

National Commission for Backward Classes

The National Commission for Backward Classes of India (NCBC) is a constitutional organization that reports to the Ministry of Social Justice and Empowerment.

It was made a constitutional body by the 102nd Amendment Act.

Article 340 of the Indian Constitution states that the President must create a commission to look into the social and economic conditions of the lower classes.

The Commission shall consist of a Chairperson, Vice-Chairperson, and three other Members. 

The President shall appoint the Chairperson, Vice-Chairperson, and other Members of the Commission by a warrant signed by him and sealed.

The terms of service and tenure of office of the members shall be such as may be determined by the President by rule.

According to Section 9(1) of the NCBC Act, the commission evaluates whether communities should be added to or removed from lists of those designated as needing employment accommodations.

The commission then provides the Central Government with the necessary advice.

Special Officer for Linguistic Minorities

To uphold the rights of linguistic minorities, the President of India appoints a Special Officer for Linguistic Minorities as per Article 350 B of the Indian Constitution.

The seventh Constitutional Amendment Act of 1956 inserted a new article 350-B in the Constitution. 

In order to investigate all matters relating to the safeguards provided for linguistic minorities under the constitution, the Office of the Special Officer for Linguistic Minorities was created in 1957.

At the Central level, the Commissioner falls under the Ministry of Minority Affairs. Hence, they submit reports to the President through the Union  Minority Affairs Minister.

Advocate General

An advocate general is a state government’s legal counsel in India.

The position was established by the Indian Constitution under Article 165 and is equivalent to the position of Attorney General for India at the level of the union government.

The Governor has the authority to assign the Advocate General any legal person’s duties and functions. Each state’s governor is required to name an advocate general who is qualified to be appointed as a judge of the High Court.

The Advocate General is chosen by the Governor to provide legal advice to the State Government on any problem.

They have the right to audience in any state court of law following the Advocate General’s official responsibilities.

The Advocate General may participate as a member without the right to vote in the proceedings of either house or any committee of the state legislature.

These are just a few examples of constitutional posts and bodies in India, and each plays a crucial role in upholding the principles of the Constitution, ensuring governance, and safeguarding the rights of citizens. The powers, functions, and responsibilities of various constitutional bodies are outlined in the Constitution of India.

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Article Written By: Aryadevi E S