CONSTITUTIONAL BODIES UNION PUBLIC SERVICE COMMISSION Art 315 — 323 of part XIV Composition — Chairman and add members appointed by president. ‘Term- 6yrs or till age of 65yrs Qualification-No prescribed qualification else 50% Member holds field experience for 10 years. Removal: Removal by president on basis of insolvent, Office of Profit or infirmity of minds or body and misbehavior Under Article 319. Supreme Court advice is binding in nature(for Removal) Members Not eligible for employment other than chairman of UPSC or SPSC once only. Role-Its role is as Watchdog of Merit System , advisory recommendations and only a central recruiting agency. STATE PUBLIC SERVICE COMMISSION Article 315 - 323 in Part XIV. Composition- chairman and add members appointed by governor Term- for 6 or till age of 62 year. Qualification- No qualification else 50% members have field experience for 10 years. Removal- Remove only by president on the same ground as UPSC chairman or members can be removed Enjoy security of junior new employment other than (UPSC chairman or members) and no second term Their role is the same as UPSC but for the state. Election Commission of India Article 324 Establishes ECI as All India Body. Under Article 324, Election commission is 3 Member Body -Chief Election Commission (CEQ & 2 Election Commissioner (EC) can be appointed by president For 6 or till age of 65 years And condition of services are determined by president. (UPSC 2017) CEC can be removed in the manner & same on the ground of Supreme Court judges. EC removed by president On recommendation of CEC. The chief election commissioner and the two other election commissioners have equal powers and receive equal salary, allowances and other perquisites, which are similar to those of a judge of the Supreme Court. They have power — Administrative advisory and quasi judicial Election Commission resolves the disputes relating to splits/mergers of recognised Article 280 provides for a Finance commission , constituted by the president for 5 years. FC is Balancing wheel of Fiscal Federalism Itrecommends distribution of tax revenues and it is a quasi judicial Body. It has a chairman and 4 other members who can be appointed by the President And work for a specialized period Their qualification are decided by Parliament as — Chairman - having experience in public affairs the four other members — 1. A judge of the high court or one qualified to be appointed as one 2. A person who has specialized knowledge of finance and accounts of the government. 3. A person who has wide experience in financial matters and in administration. 4, A person who has special knowledge of economics political p: JPSC 2017,No prescribed qualification, no specific term of office of Members and no appointment other than CEC by promotions for EC & no Chairman and Members of FC are eligible for Re-Appointment for 2“ term appointment for CEC. Recommendations Of Fc are only Of Advisory nature not binding on Government GST Coun CONTROLLER & AUDITOR GENERAL ( Article 279A added by 101* Constitution amendment Act 2016, to makes recommendations to the Union and State Government on issues related to Goods and Service Tax. The GST Council - chaired by the Union Finance Minister and other members are the Union State Minister of Revenue or Finance and Ministers in-charge of Finance or Taxation of all the States. It is considered as a federal body where both the center and the states get due representation Every decision of the Goods and Services Tax Council shall be taken at a meeting by a majority of not less than three-fourths of the weighted votes of the members present and voting, in accordance with the following principles, namely - Central Govt Vote — 1/3 State Govt Vote - 2/3 CAG) Article 148 CAG as head of Indian audit and Account Department is the Guardian of public purse at Center at any state level. Appointed by President By warrant under his hand and seal for 6 or till age of 65 years. Can be removed by the president on the same grounds of judges of the Supreme Court No reappointment and no Minister represents him in the Parliament. Article 149 prescribes duties of CAG to be set by Parliament , under CAG Act 1971 CAG Audits all of the fund Center and state, related to consolidated Fund of India Contingency Fund of India and Public Account of India And respectively for states CAG reports on execution of projects or programmes by ministries are discussed by the Public account committee- UPSC 2012 Provides its report to the president under Article 151 The 3 reports are audit on - appropriation account, finance account and public undertakings Article 279 - CAG ascertains and certifies the net proceeds of any tax and that is final CAG Agent of element. National Commission for Scheduled Castes (part XVI) Article 338 ( by Constitution (89th Amendment) Act, 2003) in 2004. It consists of a chairperson, a vice-chairperson and three other members. They are appointed by the President by warrant under his hand and seal. Term- 3years Eunctions — About National Commission for Scheduled Tribes (N' ‘Anew Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003, Composition of NCST The Commission comprises a Chairperson, a Vice-Chairperson and three full time members (including one lady member) ‘The term of office Chairperson, Vice-Chairperson and Member of NCST is 3 years from the date of assumption of charge.To investigate, monitor, inquire, advice, and participate in the planning process It presents its report Annually to the president. It has power of civil court and acts as same provide the Scheduled Castes of Indian society safeguards against exploitation and to promote their social, economic, educational and cultural development, ‘The Chairperson has been given the rank of Union Cabinet Minister The Vice-Chairperson has the rank ofa Minister of State and other Members have the rank of a Secretary to the Government of India. Functions of NCST Constitution of India under Clause (5) of Article 338A has assigned the following duties and functions to the Commission To investigate, monitor, inquire, advice, and participate in the planning process. It presents its report Annually to the president, It has the power of civil court and acts the same. National Commission for Backward classes 102" Constitution Amendment Act, 2018 provides constitutional status to the National Commission for Backward Classes (NCBC) under art 338B. The Commission consists of five members including a Chairperson, Vice-Chairperson and three other Members appointed by the President by warrant under his hand and seal Term- 3 yrs The conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members is determined by the President. Its functions are— To investigate, monitor, inquire, advice, and participate in the planning process It presents its report Annually to the president. It has the power of civil court and acts the same. Special officer for ling minority The Seventh Constitutional Amendment Act of 1956 inserted a new Article 350-B in Part XVII of the Constitution. It contains the following provisions: There should be a Special Officer for Linguistic Minorities He is to be appointed by the President of India. It would be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under the Constitution. He would report to the President upon those matters at such intervals as the President may direct. The President should place all reports before each House & send it to the governments of the states concerned Constitution does not specify Qualifications, tenure, removal ATTORNEY GENERAL OF INDIA (UPSC 2013) ‘The Attorney General (AG), part of the Union Executive & highest law officer in the country under Art 76, AG is appointed by the President on the advice of the government as person qualified to be ‘Advocate-General for the State (UPSC 2009) ‘The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State under Art 165 It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or,appointed a judge of the SC, or an eminent jurist, in the opinion of the President. ‘Term of the Office: Not fixed Removal: holds office during the pleasure of the President (may be removed by the President at any time). To give advice to the Government of India (Gol) upon such legal matters, which are referred to her/him by the President. Appear on behalf of government in all cases in SC Attorney General has Right to Audience in all courts Right to speak in Parliament without entitled to vote Attorney General is not Full Time Counsel of Government He is not debarred from private legal practice ned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force. ‘The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine. Holds the right to speak in the State Assembly but not the right to vote.