What is a Constitutional Body and its Functions

A body established by the Constitution of India is a constitutional body. A constitutional change is needed when a constitutional body has to be formed to change its power or functions. Therefore, such bodies can be created after a constitutional amendment bill has been passed. The power exercised by these bodies is acquired from the constitution itself, and the constitutional bodies have more power than any other organisation in the country. These bodies are a part of the government machinery and carry out executive functions for smooth administration of the government. 

This article will discuss what is a constitutional body, its powers, responsibilities, functions, and other relevant details. 

A-List of Constitutional Bodies in India

There are about 20 constitutional bodies in India. Some of them are listed below:

• Attorney General. 
• Comptroller and Auditor General of India. 
• Advocate General. 
• Finance Commission. 
• Election Commission. 

The Powers, Functions, and Responsibilities of Various Constitutional Bodies in India

1. Attorney General

He is the highest placed law officer under article 76. He is the chief legal advisor to the government and is appointed by the President of India.

Powers

• Right to an audience in all courts of the country.
• Right to participate in meetings of Parliamentary committees but does not have a right to vote.
• He is entitled to privileges that a member of Parliament enjoys.

Functions and Responsibilities

• Provides legal advice to the government.
• Performs other legal duties assigned to him by the President of India.
• Performs the roles granted to him by the constitution.
• To attend the Supreme Court hearing on behalf of the government.

2. Comptroller and Auditor General of India

The Constitution of India establishes the CAG under Article 148, and they can audit the expenditure and receipts of the Central and the State governments. 

Powers

It can exercise its powers regarding the accounts of Union and state governments and any other body recognised by the government. They have the right to audit the accounts of the governments.

Functions and Responsibilities

• CAG audits all the transactions of debts, deposits, and funds of the central and state governments.
• It audits expenditure accounts from the Consolidated Fund of India or the State and the Union territories.
• To advise the President on the maintenance of the centre and state records. 
• To submit audit reports on financial accounts and public undertakings to the President.

3. Advocate General

He is the highest law officer of the state, appointed by the Governor under article 165. He assists the state government on legal matters. 

Powers

• He has the right to an audience in any state court while performing his duties.
• He can participate in the state legislature, but he does not have the right to vote.
• He can also participate in meetings of any state legislature committees.  
• He is entitled to privileges that an MLA enjoys.

Functions and Responsibilities

• To advise the state government on matters referred by the Governor.
• Performs the functions granted by the Indian Constitution.
• Participate in the proceeding of the houses of the state legislature.
• Perform other legal duties assigned to him by the Governor.  

4. Finance Commission

Article 280 of the Indian Constitution states that a finance commission should be constituted every fifth year, and the President of India constitutes the finance commission. 

Powers

The commission has the power to function within its area of work, and it can summon any witness and demand any public document from any court of law or office.   

Functions and Responsibilities

• The distribution of tax proceeds between the central and state governments.
• The grants and aid provided by the centre to the state governments from the consolidated fund of India. 
• To take proper steps to appreciate the consolidated fund of the states. 
• To provide financial advice to the President.
• The Finance Commission submits the financial report to the President.

5. Election Commission

The EC can direct, control, and conduct the election of the Parliament and State legislatures and the offices of the President and Vice-President of India under article 324.

Powers

• Registering eligible voters and preparing electoral rolls.
• Deciding the date of elections. 
• Scrutinising nominations.
• Setting a code of conduct for the parties participating in the polls.
• Appointing officers to manage disputes of electoral arrangements.
• Cancelling voting polls in case of a breach, violence, and other issues.
• Ensuring free and fair elections.

Function and Responsibilities

• Conducting elections of the Parliament and the state legislatures.
• Conducting elections for the office of the President and Vice President.
• It decides the schedules of the elections.
• Prepare electoral rolls.
• Provides legal recognition to the political party and allots symbols. 

Conclusion

We hope that this article has helped provide details of what is a constitutional body and the powers, functions, and responsibilities of various constitutional bodies in India. These bodies have a constitutional status as established by the Indian Constitution.