Indian Polity Quiz: Constitutional Bodies | 12 June, 2021

Constitutional bodies are important bodies in India that derive their powers and authorities from the Indian Constitution. 

• They are specifically mentioned in the Constitution, meaning they have dedicated articles. 
• Any change in the mechanism of these bodies would require a constitutional amendment. 

• Important bodies such as the Finance Commission, the UPSC, the Election Commission, the CAG, National Commissions for SCs and STs, etc. are constitutional bodies. 
• Finance Commission is non-permanent constitutional body. 

Source: Laxmikanth 

The Constitution of India (Article 148) provides for an independent office of the Comptroller and Auditor General of India (CAG). He is the head of the Indian Audit and Accounts Department.

Source: Laxmikanth

Union Public Service Commission (UPSC) is the central recruiting agency in India.

• It is an independent constitutional body in the sense that it has been directly created by the Constitution.
• The UPSC consists of a chairman and other members appointed by the president of India.
• The Constitution, without specifying the strength of the Commission has left the matter to the discretion of the president, who determines its composition.
• Usually, the Commission consists of nine to eleven members including the chairman.

• The chairman and members of the Commission hold office for a term of six years or until they attain the age of 65 years, whichever is earlier.

Source: Laxmikanth

A State Public Service Commission consists of a chairman and other members appointed by the governor of the state.

• The Constitution does not specify the strength of the Commission but has left the matter to the discretion of the Governor.
• The chairman and members of the Commission hold office for a term of six years or until they attain the age of 62years, whichever is earlier (in the case of UPSC, the age limit is 65 years).

Source: Laxmikanth

The Constitution makes a provision for the establishment of a Joint State Public Service Commission (JSPSC) for two or more states.  

• While the UPSC and the SPSC are created directly by the Constitution, a JSPSC can be created by an act of Parliament on the request of the state legislatures concerned.  
• Thus, a JSPSC is a statutory and not a constitutional body.  
• The two states of Punjab and Haryana had a JSPSC for a short period, after the creation of Haryana out of Punjab in 1966. 

Source: Laxmikanth

The 101st Amendment Act of 2016 paved the way for the introduction of a new tax regime (i.e., goods and services tax – GST) in the country.

• The smooth and efficient administration of this tax requires co-operation and coordination between the Centre and the states.
• In order to facilitate this consultation process, the amendment provided for the establishment of Goods and Services Tax Council or the GST Council.
• The amendment inserted a new Article 279-A in the Constitution. This Article empowered the President to constitute a GST Council by an order.
• Accordingly, the President issued the order in 2016 and constituted the Council.

Source: Laxmikanth

In order to safeguard the interests of the STs More effectively, it was proposed to set up a separate National Commission for STs by bifurcating the existing combined National Commission for SCs and STs.

• This was done by passing the 89th Constitutional Amendment Act of 2003.
• This Act further amended Article 338 and inserted a new Article 338-A in the Constitution.

• The separate National Commission for STs came into existence in 2004.

Source: Laxmikanth

In pursuance of the provision of Article 350-B of the Constitution, the office of the Special Officer for Linguistic Minorities was created in 1957. He is designated as the Commissioner for Linguistic Minorities.

• The Commissioner has his headquarters at Allahabad (Uttar Pradesh).
• He has three regional offices at Belgaum (Karnataka), Chennai (Tamil Nadu) and Kolkata (West Bengal).
• Each is headed by an Assistant Commissioner.

• The Commissioner is assisted at headquarters by Deputy Commissioner and an Assistant Commissioner.
• He maintains liaison with the State Governments and Union Territories through nodal officers appointed by them.

Source: Laxmikanth

The Constitution of India (Article 148) provides for an independent office of the Comptroller and Auditor General of India (CAG). He is the head of the Indian Audit and Accounts Department.

• He is the guardian of the public purse and controls the entire financial system of the country at both the levels–the Centre and the state.
• His duty is to uphold the Constitution of India and laws of Parliament in the field of financial administration.

Source: Laxmikanth

The Constitution (Article 76) has provided for the office of the Attorney General for India. He is the highest law officer in the country.

• The Attorney General (AG) is appointed by the president. He must be a person who is qualified to be appointed a judge of the Supreme Court.
• The AG is not a member of the Central cabinet. There is a separate law minister in the Central cabinet to look after legal matters at the government level.

Source: Laxmikanth