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Constitutional Authorities – Powers

The constitutional authorities’ powers are derived from the Indian Constitution. The following article encompasses the various rights and powers of constitutional authorities.

The Indian constitution prescribes the formation of the constitutional authorities. Its rights and powers are in the hand of the Constitution itself. The constitutional authorities’ powers and functions cannot be changed by any regular, private or government bill but only by passing a constitutional amendment bill. There are various bodies under the Constitution of India, and the real meaning of constitutional authorities will be understood after reading the full article. The authorities enjoy different powers, have different features and functions, and have different responsibilities that they need to fulfil. 

Types of Constitutional Authorities:

  1. Election Commission
  2. Finance Commission
  3. State Public Service Commission
  4. Attorney General of India
  5. Comptroller and Auditor General of India
  6. Advocate General of the State
  7. Inter-State Council
  8. Goods and Services Tax Council

Powers of different constitutional authorities:

1.ELECTION COMMISSION

The election commission enjoys the following powers regarding the state legislature, the election of the parliament, vice president, and office of President.

  • Appointing officers to make sure that any disputes related to the electoral arrangement are heard and sorted.
  • The Election Commission can cancel polls in any cases of irregularities like rigging booth capturing violence. 
  • It determines the areas of the electoral constituencies throughout the country. Deleminantion Commission Act of parliament is the basis for dividing these territorial areas.
  • Allotting election symbols and granting recognitions to political parties is also one of the major powers of the Election Commission. 
  • It scrutinises nomination papers and prepares the dates and schedule of the elections. 

2.FINANCE COMMISSION

  • The FC, within its activity domain, has sufficient and certain powers to exercise its functions.
  • As per the Code of Civil Procedure, the finance commission has all the powers of the Civil Court.
  • The finance commission makes recommendations to the President on the following matters. 
  • On the plan of distribution of the net proceeds of taxes that is to be shared between the state and central government. 
  • On determining the principles of governing these grants.

3.STATE PUBLIC SERVICE COMMISSION

  • After the commission members of the commission and the chairman have been appointed, their conditions of service cannot be varied. Hence they enjoy the security of tenure.
  • The Consolidated Fund of the state takes charge of the entire expenses of the SPSC.
  • The main function of the SPSC includes the conduction of all examinations for the appointment to the services of the state
  • The SPSC also looks into any claim for reimbursement of legal expenses borne by a Civil Servant. 

4.ATTORNEY GENERAL OF INDIA

  • Under article 76 of the constitution, the president takes the advice of the AG on legal matters.
  • The AG has the right to be present in any courts in the territory of India.
  • The main power of an AG is that all the immunity and privileges available to a member of parliament are granted to the AG.
  • The highest law officer in the country is the AG.

5.AUDITOR GENERAL AND COMPTROLLER OF INDIA

Under article 148 of the constitution, India’s comptroller and auditor general are considered the public purse’s guardian.

  • Along with the Election Commission, Supreme Court, and the Union Public Service Commission, the office CAG is treated as one of the bulwarks of the democratic system.
  • The salary of the CAG is equal to that of the supreme court judge, and after his appointment, his rights cannot be altered to his disadvantage.
  • The CAG audits the expenditure from the Contingency Fund and Public Account of India and States.
  • The CAG acts as a philosopher, guide, and friend of the Public Accounts Committee.
  • The CAG is responsible for submitting three reports to the president: An audit report on financial accounts, public undertakings, and appropriation accounts. 

6.ADVOCATE GENERAL OF THE STATE

  • Under article 165, the Advocate General is the highest law officer in the state.
  • Although he does not enjoy the right to vote, the main power of the advocate general includes the right to speak and take part in the proceedings of both the houses of the state legislature.

7.INTER-STATE COUNCIL

  • The President establishes the Inter-State Council under article 263, and the main function includes the coordination between centre and States and among different states.
  • The President also does the definition of the organisation’s duties.
  • The end decision of the Inter-State Council is advisory and is not binding. 

8.GOODS AND SERVICES TAX COUNCIL

  • Formed under article 279 A, the main power of the GST Council is to make recommendations to state and Central governments regarding GST.
  • The goods and services and tax council is expected to uphold the principle of cooperative federalism. 

The GST council is a federal body since it has representations from both states and the centre.

Conclusion:

The Constitution of India is the supreme law of India. It is the framework for political principles, procedures, duties and powers of government. It consists of many types of constitutional authorities that perform important functions and responsibilities to better the country. Some constitutional authorities are Election Commission, Finance Commission and union public service commission. Each authority, performing different functions and having different responsibilities, works following the government of India towards their respective purposes. Constitutional authorities are the guardian of citizens’ interests, and the constitution grants them all the powers to perform their functions effectively and efficiently.

faq

Frequently asked questions

Get answers to the most common queries related to the Kerala PSC Examination Preparation.

Q1. According to which act, the finance commission has all the powers of the Civil Court?

A1. Code of Civil Procedure, 1908.

Q2. What is an Election Commission?

A2. Election Commission is an authority of the constitution. It is a permanent and independent body. It looks after ...Read full

Q3. Why are Constitutional authorities important?

A3. Constitutional authorities are important because they protect the rights of the citizens and state the principle...Read full

Q4. What are the features of the constitution?

A4. Features of the constitution are the following: ...Read full