Constitutional Bodies

25 Jul, 2026 Samyak IAS

Constitutional Bodies

A Constitutional Body in India is an institution established or mandated by the Constitution. Its composition, powers, functions and duties are defined explicitly in the Constitution. These bodies play a key role in upholding democratic governance and ensuring the effective implementation of constitutional provisions.

Election Commission of India (ECI)

Constitutional Provision: Established under Article 324 of the Constitution of India.

Composition:

Consists of a Chief Election Commissioner (CEC) and such number of Election Commissioners as determined by the President of India.
Current Composition: 1 CEC + 2 Election Commissioners.

Appointment:

Appointed by the President of India based on recommendations from a three-member Selection Committee:
- The Prime Minister of India
- A Union Minister nominated by the PM
- The Leader of Opposition in the Lok Sabha

Tenure: Chief Election Commissioner and the Election Commissioners hold office 6 years or until the age of 65, whichever is earlier.

Removal:

Chief Election Commissioner: Removed in the same manner as a Supreme Court judge.
Other Election Commissioners: Can be removed based on the CEC’s recommendation.

Resignation: Can resign by submitting a written notice to the President.

Post-Tenure Appointments: Eligible for further appointments by the Union Government.

Powers and Functions:

Responsible for the superintendence, direction, and control of elections to:
- Parliament
- State Legislatures
- Offices of the President and Vice-President of India
Administrative Functions
- Determine constituency boundaries under the Delimitation Commission Act.
- Prepare and update electoral rolls; register eligible voters.
- Notify election schedules and scrutinize nominations.
- Recognize political parties and allocate election symbols.
- Enforce the Model Code of Conduct (MCC).
- Schedule party publicity on radio and TV.
- Cancel elections in cases of rigging or malpractice.
- Request President/Governor support for election staff.
- Supervise election machinery nationwide for free and fair polls.
- Classify parties as national or state parties based on election performance.
Advisory Functions
- Advise President on disqualification of Parliament members.
- Advise Governor on disqualification of State Legislature members.
- Recommend whether elections can be held during President’s Rule in a state.
Quasi-Judicial Functions
- Settle disputes regarding party recognition and symbol allocation.

Appoint officers to inquire into electoral disputes.

Union Public Service Commission (UPSC) and State Public Service Commission (SPSC):

Feature	Union Public Service Commission (UPSC)	State Public Service Commission (SPSC)
Constitutional Provision	Articles 315–323,Part-XIV	Articles 315–323, Part-XIV
Composition	Chairman + members as determined by President of India	Chairman + members as determined by Governor of the State
Appointment Authority	President of India	Governor of the State
Tenure	6 years or until 65 years	6 years or until 62 years
Removal	By President on constitutional grounds; for misbehaviour, Supreme Court enquiry required	By President on constitutional grounds; Supreme Court enquiry required; though appointed by Governor, removal is only by President
Resignation	By writing to President	By writing to Governor
Post-Tenure Appointment	Chairman: Not eligible for further employment; Members: can become Chairman of UPSC or SPSC, but not other employment	Chairman: can become Chairman/member of UPSC or SPSC, but not other employment; Members: can become Chairman/member of UPSC or any SPSC, but not other employment
Reappointment	Neither Chairman nor Members are eligible for a second term	Neither Chairman nor Members are eligible for a second term
Powers and Functions	Central recruiting agency for All India Services, Group A and Group B posts, Parliament, State Legislatures, President & Vice-President offices	Conducts state-level exams and appointments for State Services

Joint State Public Service Commission (JPSC)

Constitutional Provision: Article 315(2) of the Constitution.
Creation: Established by Parliament by law for two or more states.
Appointment: Members and Chairman are appointed by the President of India.
Tenure:6 years or until the age of 62 years, whichever is earlier.
Removal: Can be removed by the President of India on constitutional grounds.
Resignation: Members or Chairman may resign by submitting a written notice to the President.
Reporting: Reports are submitted to the Governor of each participating state, who then presents it to the respective State Legislature.
Function: Conducts examinations and recruitment for state services across the participating states, similar to a State Public Service Commission but shared between multiple states.

Finance Commission of India (FCI)

Feature	Details
Constitutional Provision	Article 280
Composition	- Chairman: Person with experience in public affairs- 4 Members: Selected from among: High Court judge or qualified to be appointed as one, expert in government finance/accounts, experienced administrator in financial matters, person with special knowledge of economics
Qualifications	Chairman: Experience in public affairs; Members: High Court judge/finance/account expert/administrator/economist
Appointment	By the President of India
Tenure	As specified by the President’s order, Members are eligible for reappointment.
Functions	- Recommend distribution of net proceeds of taxes between Centre and States- Suggest principles for grants-in-aid to States from Consolidated Fund of India- Recommend measures to augment State Consolidated Fund to support Panchayats and Municipalities, based on State Finance Commission- Advise on any other matter referred by the President for sound finance
Reporting	- Submit report to the President- President lays the report before both Houses of Parliament with an explanatory memorandum on actions taken

Goods and Services Tax (GST) Council:

Feature	Details
About	The Goods and Services Tax (GST) Council is a constitutional body in India, responsible for policy-making, rules, and recommendations on GST for the Union and State Governments. Its Secretariat is located in New Delhi.
Constitutional Provision	The 101st Constitutional Amendment Act, 2016 inserted Article 279-A, empowering the President to constitute the Goods and Services Tax (GST) Council. Accordingly, the President issued the order in 2016 to establish the GST Council.
Composition	Union Finance Minister as Chairperson The Vice-Chairperson of the GST Council is chosen by the State members from among themselves, who also decide their term of office. Union Minister of State in charge of Revenue or Finance Finance/Tax Minister nominated by each State Government CBIC Chairperson as permanent invitee (non-voting)
Ex-Officio Secretary	Union Revenue Secretary
Working of the GST Council	Decisions require ≥ 3/4 weighted majority of members present. Minimum 50% quorum needed. Vote Weightage: Centre = 1/3, States = 2/3. Proceedings remain valid despite vacancies, irregular appointments, or procedural defects.
Functions	- Recommend taxes, cesses, and surcharges to be merged into GST - Decide goods and services to be taxed or exempted - Advise on Model GST Laws, principles of levy, apportionment of inter-state GST, and rules governing place of supply - Determine turnover thresholds for exemption - Recommend GST rates, floor rates, special rates for disaster or calamity. - Recommend date for GST on petroleum, diesel, petrol, natural gas, aviation turbine fuel - Adjudicate disputes between Centre and States or among States

National Commission for Backward Classes (NCBC)

Feature	Details
About	Origin: Evolved following the Mandal Case (Indira Sawhney vs. Union of India, 1992). Supreme Court Direction (1992): Central government to set up a permanent body to address complaints of non-inclusion, under-inclusion, or over-inclusion of any backward class in the official lists. Establishment as Statutory Body (1993): Parliament enacted the National Commission for Backward Classes Act, 1993, under the Ministry of Social Justice and Empowerment.
Constitutional Provision	Article 338B of the Constitution of India. Originally statutory body (1993), granted constitutional status by 102nd Amendment Act, 2018
Purpose	Safeguard the social, educational, economic, and cultural interests of SEBCs; monitor safeguards, address deprivation complaints, and advise on development
Composition	Chairperson, Vice-Chairperson, 3 Members
Appointment	By President of India
Tenure	3 years; not eligible for more than two terms
Resignation	By writing to the President
Powers	- Investigate matters related to SEBC safeguards - Summon and enforce attendance of witnesses, requisition documents, receive affidavits - Advise governments on SEBC policies - Civil court powers during inquiries
Reporting	Reports presented to President, placed before Parliament; State-related reports sent to Governor, then to State Legislature
Key Functions	- Monitor implementation of safeguards - Recommend measures for socio-economic development - Inquire into complaints of deprivation - Advise Union & States on policies affecting SEBCs
Latest Update 105th Amendment Act, 2021: States exempted from mandatory consultation on their own SEBC lists

National Commission for Scheduled Castes (NCSC):

Feature	Details
Establishment	Separate NCSC established in 2004 Protects social, economic, educational, and cultural interests of Scheduled Castes and Anglo-Indian Community. Provides safeguards against exploitation. Headquarters: New Delhi.
Constitutional Provision	Article 338 (Part XVI)
Composition	Chairperson, Vice-Chairperson, 3 Members
Appointment	By President of India by warrant under hand and seal
Tenure	3 years; members not eligible for more than two terms
Functions	- Investigate and monitor constitutional and legal safeguards for SCs - Inquire into specific complaints of rights violations - Advise on planning and socio-economic development for SCs - Evaluate progress of SC development under Union or State - Submit annual or special reports to the President - Recommend measures for protection, welfare, and advancement of SCs - Discharge other functions as specified by the President
Special Notes	- Functions also cover Anglo-Indian Community - Till 2018, also included OBCs, relieved by 102nd Constitutional Amendment Act
Powers	- Regulate own procedure - Powers of a Civil Court while investigating: summon witnesses, examine on oath, require document production, receive affidavits, requisition public records - Central and State governments must consult NCSC on major policy matters affecting SCs
NCSC Reporting	Submits reports to the President, annually or as needed. President presents reports to Parliament with action taken/non-acceptance reasons. Reports concerning States go to the Governor, who presents them to the State Legislature with similar explanations.

National Commission for Scheduled Tribes (NCST):

Feature	Details
About	Constitutional Provision: Article 338-A of the Indian Constitution. Protects social, economic, educational, and cultural interests of Scheduled Tribes. Provides safeguards against exploitation. Headquarters: New Delhi.
Composition	Chairperson, Vice-Chairperson, 3 Members appointed by the President of India
Tenure	3 years; members not eligible for more than two terms
Functions	- Monitor and evaluate constitutional and legal safeguards for STs - Inquire into complaints of rights violations - Advise on socio-economic development, rehabilitation, livelihoods, forest & resource rights - Ensure compliance with Panchayats (Extension to Scheduled Areas) Act, 1996 - Submit reports to the President and advise governments on ST-related policies
Powers	Regulates its own procedure. Has civil court powers while investigating or inquiring, including: Summon and examine witnesses from anywhere in India on oath. Require discovery and production of documents. Receive evidence on affidavits. Requisition public records from any court or office. Issue summons for examination of witnesses and documents. Can act on any matter referred by the President. Central and State Governments must consult NCST on all major policy matters affecting Scheduled Tribes.
NCST Reporting	Submits reports to the President annually or as required. President places reports before Parliament with a memorandum detailing actions taken or reasons for non-acceptance. Reports concerning States are forwarded to the Governor, who presents them to the State Legislature with a similar memorandum.

Comptroller and Auditor General of India (CAG)

Constitutional Status:

Constitutional authority under Articles 148–151 of the Constitution.
Independent auditor of Central Government, State Governments, and bodies funded by them.
Acts as the Guardian of the Public Purse.

Composition & Appointment:

First CAG: V. Narhari Rao; Current: Shri K. Sanjay Murthy.
Appointed by the President of India.
Tenure: 6 years or until 65 years of age, whichever is earlier.
Can serve as External Auditor for international bodies like WHO, FAO, ILO, IAEA.

Functions:

Audits receipts and expenditures from the Consolidated Fund of India, State Funds, UTs with Legislative Assemblies, Contingency Funds, and Public Accounts.
Audits government companies, corporations, and bodies receiving grants/loans from government.
Ensures effective check on revenue collection, allocation, and government spending.
Guides the Public Accounts Committee (PAC) in Parliament.
Advises the President on the form of accounts for Union and States (Article 150).
Submits audit reports to the President (Union) and Governors (States) for presentation before legislatures (Article 151).
Certifies net proceeds of taxes and duties (Article 279) — certificate is final.

Powers:

Powers of a civil court while auditing:
- Inspect any office/department under audit.
- Examine transactions and question responsible officials.
- Call for records, papers, and documents.
- Decide scope and manner of audits.

Reports of the Comptroller and Auditor General of India (CAG)

Audit Report on Appropriation Accounts: Compares actual expenditure with Parliament-approved expenditure under the Appropriation Act.
Audit Report on Finance Accounts: Shows annual receipts and disbursements of the Union Government.
Audit Report on Public Undertakings: Examines accounts of government-owned companies and undertakings.
Presentation: All reports are submitted to the President, who lays them before both Houses of Parliament.
Parliamentary Review: The Public Accounts Committee (PAC) examines these reports and presents its findings to Parliament

Attorney General of India (AGI) and Advocate General of India (AG):

Feature	Attorney General of India (AGI)	Advocate General of State (AG)
Constitutional Article	Article 76, Part V	Article 165, Part VI
Appointed By	President of India	Governor of the State
Qualification	Qualified to be Supreme Court judge; must have been a judge of High Court for 5+ years or an advocate of High Court for 10+ years, or eminent jurist in President’s opinion	Qualified to be High Court judge; must have been a judge of High Court for 10+ years or an advocate for 10+ years, or eminent jurist in President’s opinion
Tenure	Not fixed by Constitution; holds office during pleasure of President; conventionally till Council of Ministers has confidence in Parliament	Not fixed by Constitution; holds office during pleasure of Governor; conventionally till Council of Ministers has confidence in State Legislature
Salary	Determined by President	Determined by Governor
Resignation	To President	To Governor
Removal Procedure	Constitution does not specify; office held at President’s pleasure	Constitution does not specify; office held at Governor’s pleasure
Miscellaneous / Powers	- Highest law officer in the country- Not a full-time counsel; can practice privately- Right of audience in all courts in India- Right to speak and take part in Parliament proceedings, without vote- Enjoys privileges & immunities of a Member of Parliament	- Highest law officer of the State- Right of audience in state courts- Right to speak and participate in State Legislature proceedings, without vote- Enjoys privileges & immunities of a Member of State Legislature

Commissioner for Linguistic Minorities (CLM)

Constitutional Provision: Article 350-B
Established By: 7th Constitutional Amendment Act, 1956
Composition: Single-member body (Commissioner for Linguistic Minorities)
Appointment: By the President of India
Headquarters: New Delhi
Regional Offices: Belgaum (Karnataka), Chennai (Tamil Nadu), Kolkata (West Bengal)
Ministry: Ministry of Minority Affairs
Functions:
- Investigate matters related to constitutional and statutory safeguards for linguistic minorities.
- Submit annual or special reports on implementation status to the President of India.
- Monitor safeguards through questionnaires, field visits, conferences, seminars, meetings, and review mechanisms.

Finance Commission

Aspect	Details
Meaning and Nature	The Finance Commission is a constitutional body established under Article 280 of the Indian Constitution. It is constituted by the President every five years or earlier, if required, to recommend the distribution of financial resources between the Union and the States.
Purpose	Its main purpose is to strengthen fiscal federalism by ensuring a fair, balanced and predictable sharing of revenue. It addresses both the vertical imbalance between the Centre and States and the horizontal imbalance among States with different financial capacities and developmental needs.
Composition and Appointment	The Commission consists of a Chairman and four other members, appointed by the President of India. Parliament determines the qualifications of the members and the manner of their selection. Generally, members are persons with experience in public affairs, finance, economics, administration or law.
Tenure	Members hold office for the period specified by the President. A new Finance Commission is normally constituted every five years, making it a periodic but highly important constitutional institution.
Major Functions	The Finance Commission recommends the distribution of net proceeds of taxes between the Centre and States, allocation of States’ share among different States, principles governing grants-in-aid, and measures to strengthen the finances of Panchayats and Municipalities on the basis of State Finance Commission recommendations.
Grants-in-Aid Role	It recommends grants from the Consolidated Fund of India to States that require financial support for revenue gaps, special needs or specific developmental purposes.
Nature of Recommendations	Its recommendations are advisory, but they carry great constitutional, financial and political importance and are generally accepted by the Union Government.
Importance	The Finance Commission promotes cooperative federalism, supports weaker States, ensures predictable transfers, reduces regional inequality, strengthens local bodies and helps maintain fiscal stability in the Indian Union.
Challenges / Issues	Major issues include the growing use of cesses and surcharges outside the divisible pool, tension between equity and performance-based incentives, rising fiscal dependence of States on central transfers and the non-binding nature of its recommendations.
Miscellaneous	The Finance Commission acts as a neutral constitutional mechanism for financial adjustment between different levels of government. It plays a central role in balancing national priorities with State-level development needs and remains one of the most important institutions of India’s fiscal federal structure.