Constitutional Bodies in India

Constitutional Bodies in India for UPSC are an important part of both Prelims and Mains (GS Paper 2 – Polity and Governance). Questions often appear on their composition, powers, functions, and role in strengthening democracy.

Here, we’ll cover everything you need to know about Constitutional Bodies for UPSC from the syllabus perspective.

Constitutional Bodies are institutions that are created directly by the Constitution of India. Their powers, structure, functions, and responsibilities are clearly defined in the Constitution itself. These bodies play a vital role in upholding the principles of democracy, maintaining checks and balances, and ensuring smooth governance as envisioned by the framers of the Constitution.

Key Facts

• Created by the Constitution of India, not by ordinary laws.
• Powers, functions, and composition are explicitly defined in the Constitution.
• Designed to strengthen checks and balances across the executive, legislature, and judiciary.
• Ensure the smooth functioning of democracy and uphold the rights of citizens.

Constitutional Bodies are key institutions that ensure fair governance and uphold the Constitution. They function independently to maintain transparency, accountability, and democratic balance. Here’s a list of the important Constitutional Bodies you must study for the UPSC exam.

The Election Commission of India oversees free and fair elections across the country.

• Constitutional Provision: Article 324
• Composition: Chief Election Commissioner and two Election Commissioners
• Appointment: President of India on the panel recommendation.
• Tenure: Six years or until age 65
• Removal: By the President using the Supreme Court judge removal procedure for CEC; other ECs on CEC’s recommendation.
• Functions: Conducts and supervises elections to Parliament, state legislatures, the President, and the Vice-President.

Also read: 2nd ARC Report UPSC Mains: Key Recommendations & Summary

The UPSC recruits candidates for the nation’s top civil services and central posts.

• Constitutional Provisions: Articles 315–323
• Composition: Chairman and members as determined by the President
• Appointment: President of India
• Tenure: Six years or until age 65
• Removal: By the President on the Supreme Court’s recommendation for misbehavior.
• Functions: Conducts examinations for recruitment into the All-India Services and central services.

Each SPSC selects officers for the state civil services and posts.

• Constitutional Provisions: Articles 315–323
• Composition: Chairman and members as determined by the Governor
• Appointment: Governor of the state
• Tenure: Six years or until age 62
• Removal: By the President on the Supreme Court’s recommendation for misbehavior
• Functions: Conducts examinations for state-level civil services and advises on service matters

Also read: Article 370 of the Indian Constitution: 6 Years After Abrogation

The Finance Commission recommends fair distribution of fiscal resources between the Center and the states.

• Constitutional Provision: Article 280
• Composition: Chairman and four members
• Appointment: President of India
• Term: As specified by the President

Functions:

1. Recommend the distribution of tax revenues between the Center and the states.
2. Advice on grants-in-aid to states.
3. Suggest measures to strengthen local bodies’ finances.

The GST Council guides tax policy and implementation under the GST regime.

• Constitutional Provision: Article 279A (101st Amendment, 2016).
• Composition: Union Finance Minister (Chair), Union Minister of State for Revenue, and state finance ministers.

Functions:

1. Recommend GST rates and exemptions.
2. Propose model GST laws and rules.
3. Advice on inter-state supply tax apportionment.

The NCSC protects and promotes the interests of the Scheduled Castes.

• Constitutional Provision: Article 338
• Composition: Chairperson, Vice-Chairperson, and three members
• Appointment: President of India
• Tenure: Three years

Functions:

1. Monitor safeguards provided to SCs
2. Investigate complaints of deprivation of rights
3. Advice on socio-economic development policies

Also read: Top 15 Important Constitutional Amendments for UPSC Prelims

The NCST champions the welfare of Scheduled Tribes across India.

• Constitutional Provision: Article 338A
• Composition: Chairperson, Vice-Chairperson, and three members
• Appointment: President of India
• Tenure: Three years

Functions:

1. Monitor implementation of tribal welfare measures.
2. Enquire into complaints and safeguard tribal rights.
3. Recommend policy improvements.

The NCBC safeguards the interests of socially and educationally backward classes.

• Constitutional Provision: Article 338B (102nd Amendment, 2018)
• Composition: Chairperson, Vice-Chairperson, and three members
• Appointment: President of India
• Tenure: Three years

Functions:

1. Examine requests for inclusion in the OBC list.
2. Monitor safeguards for OBCs.
3. Advice on welfare measures and policy.

The CLM ensures constitutional safeguards for India’s linguistic minorities.

• Constitutional Provision: Article 350B
• Composition: One Commissioner
• Appointment: President of India
• Headquarters: New Delhi, with regional offices in Belgaum, Chennai, and Kolkata

Functions:

1. Review the implementation of minority language protections.
2. Report annually to the President.
3. Recommend measures to improve minority language rights.

The CAG audits government accounts to promote transparency and accountability.

• Constitutional Provisions: Articles 148–151
• Appointment: President of India
• Tenure: Six years or until age 65
• Removal: Same grounds and process as a Supreme Court judge.

Functions:

1. Audit receipts and expenditures of the Union and the states.
2. Audit government-funded bodies.
3. Submit audit reports to Parliament and state legislatures.

The AGI serves as the chief legal advisor to the Union Government.

• Constitutional Provisions: Articles 76, 88, 105
• Appointment: President of India
• Term: No fixed tenure

Functions:

1. Advise the Union Government on legal matters.
2. Represent the government in the Supreme Court and high courts.
3. Perform duties assigned by the President.

The AGS is the principal legal advisor to a state government.

• Constitutional Provisions: Articles 165, 177, 194
• Appointment: Governor of the state
• Term: No fixed tenure

Functions:

1. Advise the state government on legal issues.
2. Represent the state in courts.
3. Perform duties assigned by the Governor.

Constitutional bodies uphold democratic principles, maintain checks and balances, and safeguard citizens’ rights.

• Enforce constitutional mandates and protect the rule of law.
• Ensure free and fair elections, transparent finances, and legal oversight.
• Promote social justice by protecting minorities and weaker sections.
• Facilitate efficient governance through independent and impartial institutions.
• Strengthen public confidence in democratic processes.

Constitutional and non-constitutional bodies form the foundation of India's governance structure, each serving distinct roles in ensuring democratic functioning and administrative efficiency.

The future of Constitutional Bodies in India calls for focused reforms to strengthen them and enhance their effectiveness in serving the people.

• Enhance Independence: Limit political influence over appointments and decisions.​
• Embrace Technology: Use digital tools for transparency and efficiency.​
• Boost Accountability: Set clear reporting and review mechanisms.​
• Increase Resources: Allocate sufficient funds, staff, and infrastructure.​
• Periodic Reviews: Regularly assess performance and identify areas for improvement.

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