14. Constitutional and Extra Constitutional Bodies

Constitutional and Extra Constitutional Bodies

» There are two types of bodies working:

1.   Constitutional Bodies

2.  Extra Constitutional Bodies

1.       Constitutional Bodies

» Constitutional bodies derive their authority from the constitution. In other words, Constitutional Bodies are formed by the Constitution which helps the Government to run properly.

» Each of these permanent or semi-permanent organisations is responsible for the administration of specific functions.

» It is mandatory for the government to set up such a body and it cannot dispense off with it easily when it becomes uncomfortable.

» Such bodies or institutions are written into the Constitution of a nation and can’t be abolished without amending that part of the Constitution which sometimes also requires the consent of the states. And also can be invalidated by the Supreme Court.

» All the constitutional bodies have dedicated article in the constitution.

» The chief of the constitutional bodies are appointed by either the President or the Prime Minister.

Union Public Service Commission (UPSC) (Article 315)

The agency's charter is granted by the Constitution of India. Articles 315 to 323 of Part XIV of the Constitution, titled as Services Under the Union and the States, provide for a Public Service Commission for the Union and for each state. 

The Comptroller And Auditor General Of India (Article 148)

The CAG is mentioned in the Constitution of India under Article 148 – 151.
The Comptroller and Auditor General (CAG) of India is an authority, established by the Constitution under Constitution of India/Part V - Chapter V/Sub-part 7B/Article 148, which audits all receipts and expenditure of the Government of India and the state governments, including those of bodies and authorities substantially financed by the government. The CAG is also the external auditor of Government-owned corporations and conducts a supplementary audit of government companies, i.e., any non-banking/ non-insurance company in which Union Government has an equity share of at least 51 percent or subsidiary companies of existing government companies.

Election Commission Of India (Article 324)

The Election Commission of India is an autonomous constitutional authority responsible for administering election processes in India. The body administers elections to the Lok Sabha, Rajya Sabha, state legislatures, and the offices of the President and Vice President in the country. The Election Commission operates under the authority of Constitution per Article 324 and subsequently enacted Representation of the People Act. The Commission has the powers under the Constitution, to act in an appropriate manner when the enacted laws make insufficient provisions to deal with a given situation in the conduct of an election.

Finance Commission Of India

The Finance Commission came into existence in 1951. It was established under Article 280 of the Indian Constitution by the President of India. It was formed to define the financial relations between the Centre and the state. The Finance Commission Act of 1951 states the terms of qualification, appointment and disqualification, the term, eligibility and powers of the Finance Commission.

National Commission For Scheduled Castes (NCSC)

National Commission for Scheduled Castes (NCSC) as provided in Article 338 of the Constitution is an Indian constitutional body established with a view to provide safeguards against the exploitation of Scheduled Castes to promote and protect their social, educational, economic and cultural interests, special provisions were made in the Constitution.

National Commission For Scheduled Tribes (NCST)

National Commission for Scheduled Tribes (NCST) is an Indian constitutional body was established through Constitution (89th Amendment) Act, 2003. The National Commission for Scheduled Tribes (NCST) was established by amending Article 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003. By this amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely- (i) the National Commission for Scheduled Castes (NCSC), and (ii) the National Commission for Scheduled Tribes (NCST) w.e.f. 19 February 2004.

Attorney-General Of India (Article- 76)

The Attorney General for India is the Indian government's chief legal advisor and its primary lawyer in the Supreme Court of India. He is appointed by the President of India under Article 76(1) of the Constitution and holds office during the pleasure of the President. He must be a person qualified to be appointed as a Judge of the Supreme Court, Attorney General for India must be a citizen of India and appointed by the president of India.

Special Officer for Linguistic Minorities

The Seventh Constitutional Amendment Act of 1956 inserted a new Article 350-B in Part XVII of the Constitution. This article contains the following provisions:

1. There should be a Special Officer for Linguistic Minorities. He is to be appointed by the President of India.

2.It would be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under the Constitution

3.He would report to the President upon those matters at such intervals as the President may direct. The President should place all such reports before each House of Parliament and send to the governments of the states concerned.