Constitutional bodies in India are established and mentioned by the Constitution of India. Since these bodies find their mention in the Constitution, they get their authority and power from the Constitution itself. Any change in these bodies’ functioning and working mechanisms requires an amendment to the Constitution.
Election Commission
- The election commission of India is a constitutional and independent body. Article 324 of the Constitution states that power of direction, superintendence and control of elections to state legislatures, parliament, office of the President and Vice President of India shall vest in the Election Commission.
- It consists of the chief election commissioner and other election commissioners as fixed by the President.
- In order to ensure the independent working of the election commission, the chief election commissioner gets the security of tenure and can not be removed from his office except in the same way as a Supreme Court judge.
Union Public Service Commission (UPSC)
- The Union Public Service Commission is the chief recruiting agency of India. It is mentioned in the Constitution from articles 315 to 323.
- UPSC has a chairman and other members as appointed by the President.
- The members and chairman of the Commission hold office for a term of 6 years or until the age of 65, whichever is earlier.
- UPSC conducts examinations for the appointments to the prestigious all India services, centrally administered territories and Central services.
- The salaries, allowances and pensions of the chairman and UPSC members are charged to the consolidated fund of India.
State Public Service Commission (SPSC)
- Parallel to the UPSC at the centre, there is a State Public Service Commission (SPSC) at the state level. SPSC finds its mention in articles 315 to 323 of the Constitution.
- SPSC comprises a Chairman and other members. The State Governor appoints them.
- The chairman and the members of the Commission hold office for a term of 6 years or 62 years of age, whichever is earlier.
- The governor of the state appoints the chairman and members of the SPSC. But, their removal can only be done by the President of India.
- SPSC conducts examinations for appointments to the services of the state.
Finance Commission
- The finance commission mentions in article 280 of the Constitution that it is an independent and Quasi-judicial body.
- The Commission has a chairman and four other members appointed by the President.
- The finance commission gives recommendations to the President of India regarding the distribution of net proceeds of taxes and how they are to be shared among centres and states, and the principles that should govern the aid and grants to the states by the centre.
- The Finance Commission’s recommendations are advisory in nature.
Comptroller and Auditor General of India (CAG)
- Article 148 of the Constitution provides for an independent office of the CAG. He is the head of the Indian Audit and Accounts Department and the guardian of the public purse.
- CAG has to uphold the laws of Parliament and the Indian Constitution in financial administration.
- The President-appointed CAG holds office for a term of 6 years or up to 65 years of age, whichever is earlier.
- Salaries, allowances and pensions of the CAG are charged to the Consolidated Fund of India.
- CAG must audit the consolidated funds of India and all the states. He also audits all profit and loss, trading, manufacturing and other accounts of the various government departments and expenditures from the contingency fund of India and the states.
National Human Rights Commission (NHRC)
- NHRC is a statutory and independent body established in 1993. The Commission acts as the guardian of the country’s human rights, i.e., right to equality, life and dignity of an individual.
- It is a multi-member body that consists of a chairman and four other members. The chairman must be the retired chief justice of India.
- The Commission performs several functions like enquiring into any violation of human rights, promoting research in the field of human rights, and promoting awareness among the masses of safeguards available for the protection of the rights.
Supreme Court
- The Supreme Court of India was inaugurated on 28 January 1950. Articles 124 to 147 of the Constitution deal with the powers, jurisdiction, independence, and organisation of the Supreme Court.
- The total number of judges in the Supreme Court is 33, including the Chief Justice of India.
- The President of India does the appointment of the judges.
- In order to maintain the independence of the Supreme Court, several provisions are made like the security of tenure, fixed service conditions, expenses charged upon the consolidated fund of India, ban on practice after retirement, separation from the executive, power to punish for its contempt, etc.
Conclusion
These are some of the independent bodies of India which help in the governing of the country. The Election Commission conducts the elections for the Parliament and State legislatures. It was set up in 1950.
India is a federal country with an integrated judicial system divided into 3 tiers, i.e., Supreme Court, High Court and Subordinate Courts. The finance commission, which is mentioned in article 280, has the function to recommend to the President of India regarding the distribution of the proceeds of taxes among the centre and the states. NHRC is the watchdog of human rights in the country, and its chairman must be a retired Chief Justice of India. CAG has the duty to audit the consolidated funds of the centre and the states and act as a guardian of the public exchequer.