Constitutional bodies are the bodies set up under the Constitution of India. These bodies have mentioned the constitution, and they drive their power from the constitution itself.
If there is any change required in these constitution bodies, first it has to get amended in the constitution. States in India need authorities in the constitution which are divided based on their functions, duties, and powers and also based on their appointments.
These constitutional bodies work in a definite mechanism for the better functioning of the country’s work. There are 11 main constitutional bodies in India.
Election Commission: Article 324
The election commission in India includes CEC/Chief Election Commissioner and other Election Commissioners. Election Commission for the conduct of free and fair elections.
This includes preparing and periodically revising electoral rolls and registering eligible voters, scheduling elections, scrutinizing nomination papers, granting recognition to political parties, appointing officers for the electoral arrangements, and to prepare a roaster for publicity of the political bodies on radio and TV during the times of election.
At the state level, the election commission is assisted by the chief electoral officer by the consultant from the state government.
Finance Commission: Article 280
The Finance Commission consists of the chairman with four other members. A governor of the state can constitute a finance commission after every five years. The Finance Commission has the power to decide the divisible taxes between the center and the state.
It determines the distribution of taxes, tolls, and duties to the local bodies. It is in the hands of the Finance Commission to give grant-in-aid from the consolidated fund of the state to the local bodies in need. Finance Commission also has to take measures to improve the financial condition of the local bodies.
UPSC- Union Public Service Commission: Articles 315-323
The UPSC, also known as the watchdog of the merit system, consists of 10-11 members, including g 1 chairman and other members who are appointed by the president. These members enjoy the security of tenure.
The tenure is for six years or up to the age of 65 years, whichever is earlier. UPSC performs various functions, including the conduct of examinations for recruitment to All India Services, central services, and public services of union territories. If there is any need for the state, then at the request of the state governor and with the approval of the president, the UPSC can serve the state.
State Public Service Commission: Articles 315-323
The State Public Service commission works at the state level, and every state has its own State Public Service Commission. It consists of a chairman and other members who are appointed by the governor. Just like the members of the UPSC, members of SPSC also enjoy the security of 6 years or 65 years, whichever is early. The state public service commission conducts examinations at the state level.
National Commission for SC: Article 338
Initially, there used to be only one commission for both Sc and ST until in 2003 by the 89th Constitutional Amendment Act of 2003 bifurcated it into two separate bodies. Thus, the separate National Commission came for SCs came in 2004. This commission consists of a chairperson, a vice-chairperson, and three other members, which are appointed by the president.
The tenure of these members is also decided by the president. The function of the National Commission for SC includes investigating the matter regarding various safeguards provided for SCs, inquiring into the complaints of SCs, and planning the socio-economic development. The commission makes recommendations to union and to the state governments regarding the important measure that needs to be taken for the betterment of the SCs.
National Commission for STs: Article 338-A
The National Commission for STs includes a Chairman, a Vice-chairman, and three other members. The powers are the same as that of the National Commission for SCs but concerning the STs.
National Commission for Backward Classes: 338-B
The National Commission for Backward Classes includes a Chairman, Vice-chairman, and three other members. The 102nd Constitutional Amendment Act of 2018 made NCBC a constitutional body. The role of this commission is to look after the complaints of the Backward classes and to take steps for the welfare of the Backward classes.
National Commission for Linguistic minorities: 350-B
The National Commission for Linguistic minorities includes Commissioner, Deputy Commissioner, and an Assistant Commissioner. The formation of this office was first prescribed by the States Reorganization Commission. The National Commission for Linguistic minorities monitors the needs of these minorities and addresses the grievances related to the safeguards provided for the linguistic minorities of the country, which are looked into by the commissioner.
Controller and Auditor General of India: Article 148
The CAG is the head of the Indian Audit and Accounts Department, and he is appointed by the president. He is the preserver/protector of the public money and controls the entire financial system of the country at both the center and the state level.
His function is to audits the accounts of bodies and authorities financed from the central or state revenues and also submits the report to the President, who presents the report before the Parliament. A CAG holds office for a period of 6 years or up to the age of 65 years, whichever is earlier.
Attorney-General of India: Article 76
The role of the Attorney-General is to assist the government related to the legal matters of the country. He also performs duties that are assigned to him by the President.
Advocate General of the State: Article 165
The Advocate-General of the state is the legal adviser to the government. He performs duties that are given to him by the Governor.
Constitutional bodies are of the utmost importance when it comes to running a country. Their role is indispensable when it comes to democracy. When these bodies perform their duties well, the entire country functions well. The issues which impact these bodies should be addressed at the foot level to ensure better functioning.
