Constitutional Bodies : Polity - Basic

Subtitle

By   @shriyansh,   3 years ago

Constitutional bodies are those bodies that are mentioned in the constitution. The constitutional bodies mentioned in the Constitution are :  Election Commission, Union Public Service Commission, State Public Service Commission, Finance Commission, National Commission for SCs, National Commission for STs, Special Officer for Linguistic Minorities, Comptroller and Auditor General, Attorney General, Advocate General of State. In this article you will know about Structure, Objective, Appointment, Composition, functions and roles of these bodies as mentioned in the constitution. 

Election Commision


Objective
Superintendence, direction, control of elections to Parliament, State Legislature, President. It is common to both Centre and State Government.

Functions and Roles :
 1. Administrative
   - recognition of political parties, registration and symbol allocation, status (National or state party)
   - determine territory of electoral constituencies (Delimitation Commission Act)
   - prepare revise electoral rolls 
   - dates and schedules of election
   - determine code of conduct 
   - Roaster for publicity of policies of parties
   - request president for staff for elections 
   - cancel polls in case of rigging, booth capturing, violence etc.
   - supervise elections

2. Quasi-Judicial
   - court for disputes on recognition and symbol allotment
   - appointing officers for inquiring  into disputes

3. Advisory
   - to president for disqualification of member of parliament
   - to governor for disqualification of member of state legislature
   - to president whether elections can be held in a state under president rule or emergency should be extended after a year

Structure : 
 - Election Commission assisted by deputy election commissioner, they in turn assisted by secretaries, joint-secretaries, deputy secretaries, under secretaries
  - State Level : Assisted by Chief electoral officer, appointed to Chief election commissioner on consultation with state Government.
  - District Level : Collector as district returning officer, he appoints returning officer for every constituency in district, presiding officer for every polling booth in constituency.

Composition : 

Finance Commission


It enacts Fiscal Federalism of India

Functions and Roles
    Finance commission recommends President regarding
     1. Distribution of collected taxes between Centre and State. Allocation between States
     2. Principles governing Grant-in-aid to States by Centre out of Consolidated Fund of India
  3. Measures for Consolidated fund of State for Municipalities and Panchayats on Recommendation of State Finance Commission
    4. Advice on matters Referred by President to it.
  - Commission submits report to President. President lays it before Houses of Parliament along with explanatory memorandum.
  - Advisory Role :  recommendations not binding on Union Government. Implementation only depends on Union Government.

Conflict with Planning Commission : there are overlapping functions. Planning Commission is non-constitutional and a Statuary body

Attorney General of India


Highest law officer in Country

Qualification : Qualified to be Judge of Supreme Court (Indian Citizen, Judge for 5 years or advocate for 10 years in High court or eminent jurist)
Appointment : by President on advice of cabinet
Removal : no procedure of grounds, pleasure of  President
Resignation : to President, conventionally resigns when cabinet resigns of replaced
Office Term : not fixed by Constitution
Renumeration : not fixed by constitution, decided by President

Functions and Duties
  1. Advise Government of India on legal matters referred by President
  2. Other duties of Legal character assigned by President.
      President has assigned following tasks to AG
      - appear of behalf of GoI in all cases in Supreme/High Court in which GoI is involved
      - represent GoI in any reference made by President to Supreme Court
  3. Functions conferred by Constitution or law

Rights
  To perform official duty, he is entitled to
  1. Appear in any court of law in state 
  2. Speak and participate in both Houses or joint seating or any committee(as member) of Parliament, but without right to vote
  3. Privileges and Immunities of member of Parliament

Limitations :
  1. not advise against GoI
  2. not advise others when called upon to advise or appear for GoI
  3. not defend accused in criminal case without permission of GoI
  4. not accept directorship in any company without permission of GoI

Advocate General of State


(Replace President by Governor, Supreme Court by High Court, GoI by State Government in Attorney General of India)

Highest law officer in State

Qualification : Qualified to be Judge of Hight Court (Indian Citizen, advocate for 10 years in High court or eminent jurist)
Appointment : by Governor on advice of cabinet
Removal : no procedure of grounds, pleasure of Governor
Resignation : to Governor, conventionally resigns when cabinet resigns of replaced
Office Term : not fixed by Constitution
Renumeration : not fixed by constitution, decided by Governor

Functions and Duties
  1. Advise State Government on legal matters referred by Governor
  2. Other duties of Legal character assigned by Governor.
  3. Functions conferred by Constitution or law

Rights
  To perform official duty, he is entitled to
  1. Appear in any court of law in state 
  2. Speak and participate in both Houses or any committee(as member) of State Legislature, but without right to vote
  3. Privileges and Immunities of member of State Legislature




Author : Shriyansh Gautam
Shriyansh Gautam
@shriyansh

Civil Services Aspirant

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