Overview
Constitutional bodies are institutions established directly by the Constitution of India. They derive their powers, functions, and authority from constitutional provisions and enjoy a degree of autonomy and independence from the executive. Key constitutional bodies include the Election Commission, CAG, UPSC, Finance Commission, and various National Commissions.
Election Commission of India (Article 324)
Constitutional Provisions
| Feature | Detail |
|---|---|
| Constitutional basis | Article 324 — superintendence, direction, and control of elections to Parliament, State Legislatures, and offices of President and Vice-President |
| Establishment | 25 January 1950 (hence National Voters' Day is celebrated on 25 January) |
| Composition | Chief Election Commissioner (CEC) + such number of Election Commissioners (ECs) as the President may fix — currently multi-member body (CEC + 2 ECs since 1993) |
| Appointment | By the President — under the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023, appointment is made on the recommendation of a Selection Committee |
| Term | 6 years or until the age of 65 years, whichever is earlier |
| Removal of CEC | In the same manner as a Supreme Court Judge — by Presidential order after an address by both Houses of Parliament with special majority (Article 324(5)) |
| Removal of ECs | Can be removed on the recommendation of the CEC — this provides relatively less protection than the CEC |
Selection Committee (2023 Act)
| Member | Role |
|---|---|
| Prime Minister | Chairperson |
| Leader of Opposition in Lok Sabha (or leader of largest opposition party) | Member |
| Union Cabinet Minister nominated by the PM | Member |
A Search Committee headed by the Minister of Law and Justice, with two Secretary-level members, prepares a panel of 5 names for the Selection Committee's consideration.
Eligibility: Persons holding or having held posts equivalent to the rank of Secretary to the Central Government, with expertise in managing and conducting elections.
CEC vs Election Commissioners
| Feature | CEC | Election Commissioners |
|---|---|---|
| Protection | Can only be removed like a Supreme Court Judge (special majority of both Houses) | Can be removed on CEC's recommendation |
| Equal voting power | Yes — all have equal voting power in commission decisions | Yes |
| Decision-making | Majority prevails — CEC can be overruled by two ECs | Same |
| Status/Salary | Equivalent to a Supreme Court Judge | Same |
Functions and Powers of ECI
| Function | Detail |
|---|---|
| Delimitation | Assists in delimitation of constituencies (under Delimitation Commission) |
| Electoral rolls | Superintends preparation and revision of electoral rolls |
| Conduct of elections | Schedules, conducts, and supervises elections — allots election symbols, grants recognition to political parties |
| Model Code of Conduct (MCC) | Enforces MCC from the date elections are announced until results are declared — a non-statutory code based on consensus |
| Election disputes | Does not adjudicate election disputes (this is done by High Courts under Election Petitions) |
| EVM and VVPAT | Decides on use of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) |
| Disqualification opinion | Advises the President/Governor on disqualification of members under Article 103/192 (but the decision is of the President/Governor) |
Model Code of Conduct (MCC)
| Feature | Detail |
|---|---|
| Nature | Non-statutory — not backed by a specific law; based on consensus among political parties |
| Applicability | Comes into force from the date of announcement of elections (not from the date of notification) |
| Duration | Until the date of declaration of results |
| Enforcement | Through ECI's constitutional powers under Article 324 — can postpone or cancel elections, bar candidates, issue notices |
| Key provisions | No new policy announcements by ruling party; no misuse of government machinery; no appeals to caste or communal feelings; no distribution of freebies |
Comptroller and Auditor General of India (Articles 148–151)
Constitutional Provisions
| Article | Subject |
|---|---|
| 148 | Appointment, oath, term, conditions of service, and removal of CAG |
| 149 | Duties and powers of CAG |
| 150 | Form of accounts — prescribed by the President on CAG's advice |
| 151 | Audit reports — submitted to the President/Governor and laid before Parliament/State Legislature |
Key Features
| Feature | Detail |
|---|---|
| Appointment | By the President by warrant under his hand and seal |
| Removal | In the same manner and on the same grounds as a Supreme Court Judge (special majority of both Houses) |
| Term | 6 years or until the age of 65 years, whichever is earlier |
| Salary | Equivalent to a Supreme Court Judge |
| Post-retirement bar | Not eligible for any further office under the Government of India or any State Government after ceasing to hold office |
| Independence safeguard | Salary and conditions of service cannot be varied to disadvantage after appointment |
| Described as | Dr. B.R. Ambedkar called the CAG the "most important officer in the Constitution of India" — more important than the judiciary in his view |
Functions of the CAG
| Function | Detail |
|---|---|
| Audit of Union accounts | Audits all expenditure from the Consolidated Fund of India and each State |
| Audit of government companies | Audits accounts of government companies under the Companies Act |
| Compliance audit | Checks whether expenditure has been made for the purposes authorised by Parliament |
| Performance audit | Evaluates whether government programmes and schemes achieve their objectives efficiently |
| Form of accounts | Advises the President on the form in which accounts of the Union and States shall be kept (Article 150) |
| Reports | Submits three types of reports to the President: (1) Audit report on appropriation accounts, (2) Audit report on finance accounts, (3) Audit report on public undertakings |
Audit Reports (Article 151)
- Reports relating to Union accounts submitted to the President — laid before each House of Parliament
- Reports relating to State accounts submitted to the Governor — laid before the State Legislature
- Reports are examined by the Public Accounts Committee (PAC) of Parliament / State Legislature
CAG and Parliament
| Body | Relationship with CAG |
|---|---|
| Public Accounts Committee (PAC) | Examines CAG's audit reports on appropriation accounts and finance accounts — the CAG is described as a "friend, philosopher, and guide" of the PAC |
| Committee on Public Undertakings (COPU) | Examines CAG's audit reports on public undertakings |
| Estimates Committee | Does not use CAG reports — examines estimates independently |
Union Public Service Commission (Articles 315–323)
Constitutional Provisions
| Article | Subject |
|---|---|
| 315 | Public Service Commissions for the Union and for the States |
| 316 | Appointment and term of office of members |
| 317 | Removal and suspension of a member |
| 318 | Power to make regulations — conditions of service |
| 319 | Prohibition on holding offices after ceasing to be a member |
| 320 | Functions of Public Service Commissions |
| 321 | Power to extend functions |
| 322 | Expenses of Public Service Commissions charged on the Consolidated Fund |
| 323 | Reports of Public Service Commissions |
Key Features
| Feature | Detail |
|---|---|
| Composition | Chairman + such number of members as the President may determine (by convention, one-half of members should have at least 10 years' experience in government service) |
| Appointment | By the President |
| Term | 6 years or until the age of 65 years, whichever is earlier |
| Removal | By the President — only on the ground of misbehaviour after an inquiry by the Supreme Court (Article 317) |
| Deemed removal | Automatically ceases to hold office if adjudged insolvent, engages in paid employment outside the duties of office, or is in the opinion of the President, unfit by reason of infirmity of mind or body |
| Post-retirement bar | Chairman of UPSC — not eligible for further employment under the Government; Members — eligible for appointment as Chairman of UPSC or Chairman of SPSC, but not for any other government employment (Article 319) |
Functions (Article 320)
| Function | Detail |
|---|---|
| Conduct examinations | Conducts examinations for appointments to the services of the Union (Civil Services Exam, Engineering Services, Combined Medical Services, etc.) |
| Advisory role | Advises the Government on: (a) matters relating to methods of recruitment; (b) principles to be followed in making appointments, promotions, and transfers; (c) disciplinary matters affecting civil servants; (d) claims for reimbursement of legal expenses; (e) claims for pension |
| Consultation | Government must consult UPSC on all matters specified in Article 320 — but the advice is not binding |
| Extension of functions | Parliament may extend the functions of UPSC by law (Article 321) |
| Annual report | Must present an annual report to the President (Article 323), who lays it before Parliament with a memorandum explaining cases where UPSC's advice was not accepted and reasons therefor |
UPSC vs SPSC (State Public Service Commission)
| Feature | UPSC | SPSC |
|---|---|---|
| Appointment by | President | Governor |
| Term | 6 years or 65 years | 6 years or 62 years |
| Removal by | President (after SC inquiry) | President (not Governor) — after SC inquiry |
| Post-retirement | Chairman: no government employment; Members: can become UPSC/SPSC Chairman | Chairman: can become UPSC Chairman; Members: can become UPSC/SPSC Chairman or member |
| Functions | Union services | State services |
Finance Commission (Article 280)
Constitutional Provisions
| Feature | Detail |
|---|---|
| Constitutional basis | Article 280 |
| Constitution | The President must constitute a Finance Commission within 2 years of the commencement of the Constitution and thereafter at the expiry of every 5th year or earlier |
| Composition | Chairman + 4 other members — appointed by the President |
| Qualifications | Chairman must be a person with experience in public affairs; members must have qualifications as prescribed by Parliament |
Functions
The Finance Commission makes recommendations to the President on:
| Function | Detail |
|---|---|
| Distribution of taxes | Distribution between the Union and States of the net proceeds of taxes to be divided (vertical devolution) and the allocation among States (horizontal devolution) |
| Grants-in-aid | Principles governing grants-in-aid to States from the Consolidated Fund of India (Article 275) |
| Local body grants | Measures needed to augment the Consolidated Fund of a State to supplement the resources of Panchayats and Municipalities (added by 73rd and 74th Amendments) |
| Any other matter | Any other matter referred by the President in the interest of sound finance |
Advisory Nature
The recommendations of the Finance Commission are advisory — the government is not constitutionally bound to accept them. However, by convention, recommendations on tax devolution are generally accepted.
Recent Finance Commissions
| FC | Chairman | Period | States' Share of Central Taxes |
|---|---|---|---|
| 13th FC | Dr. Vijay Kelkar | 2010–15 | 32% |
| 14th FC | Dr. Y.V. Reddy | 2015–20 | 42% (major increase from 32%) |
| 15th FC | N.K. Singh | 2020-21 (interim) + 2021–26 | 41% (reduced due to J&K becoming UT) |
| 16th FC | Dr. Arvind Panagariya | 2026–31 | 41% — report submitted February 2026 |
16th Finance Commission Highlights (2026-31)
| Feature | Detail |
|---|---|
| Chairman | Dr. Arvind Panagariya |
| Report submitted | Tabled in Parliament on 1 February 2026 |
| Vertical devolution | Retained at 41% — accepted by the Government |
| Local body grants | Rs 4.4 lakh crore (rural) + Rs 3.6 lakh crore (urban) — divided into basic grants (80%) and performance-based grants (20%) |
| Demographic parameter | Redefined to account for population growth between 1971 and 2011 (instead of change in TFR) |
| SPSEs | Recommended review and closure of 308 inactive State Public Sector Enterprises |
National Commissions
National Commission for Scheduled Castes (Article 338)
| Feature | Detail |
|---|---|
| Constitutional basis | Article 338 (originally covered both SC and ST; bifurcated by 89th Amendment, 2003) |
| Composition | Chairperson + Vice-Chairperson + 3 other members — appointed by the President |
| Functions | (a) Investigate and monitor safeguards for SCs; (b) Inquire into specific complaints of deprivation of rights; (c) Participate in planning process for socio-economic development of SCs; (d) Report to the President annually on the working of safeguards |
| Powers | While investigating, it has the powers of a civil court — summoning witnesses, requiring documents, etc. |
| Reports | Annual report submitted to the President; laid before Parliament with a memorandum of action taken |
National Commission for Scheduled Tribes (Article 338A)
| Feature | Detail |
|---|---|
| Constitutional basis | Article 338A — inserted by the 89th Constitutional Amendment Act, 2003 |
| Composition | Chairperson + Vice-Chairperson + 3 other members — appointed by the President |
| Functions | Same as NCSC but for Scheduled Tribes — investigate safeguards, inquire into complaints, participate in planning, report to President |
| Additional function | Monitor measures for protection of tribal rights over land, minerals, and minor forest produce |
| Powers | Powers of a civil court while investigating |
National Commission for Backward Classes (Article 338B)
| Feature | Detail |
|---|---|
| Constitutional basis | Article 338B — inserted by the 102nd Constitutional Amendment Act, 2018 |
| Previous status | The NCBC was a statutory body under the National Commission for Backward Classes Act, 1993; elevated to constitutional status in 2018 |
| Composition | Chairperson + Vice-Chairperson + 3 other members — appointed by the President |
| Functions | (a) Investigate and monitor safeguards for OBCs; (b) Inquire into complaints; (c) Advise on socio-economic development; (d) Report to President annually |
| Key provision | Central and State Governments must consult the NCBC on all major policy matters affecting socially and educationally backward classes (Article 338B(9)) |
| Related provision | Article 342A (also inserted by 102nd Amendment) empowers the President to specify socially and educationally backward classes for each State/UT |
Comparison of National Commissions under Articles 338, 338A, 338B
| Feature | NCSC (Art. 338) | NCST (Art. 338A) | NCBC (Art. 338B) |
|---|---|---|---|
| Established by | Originally in Constitution; current form by 65th Amendment, 1990; bifurcated by 89th Amendment, 2003 | 89th Amendment, 2003 | 102nd Amendment, 2018 |
| For | Scheduled Castes | Scheduled Tribes | Other Backward Classes |
| Composition | Chairperson + VP + 3 members | Chairperson + VP + 3 members | Chairperson + VP + 3 members |
| Appointed by | President | President | President |
| Powers | Civil court powers | Civil court powers | Civil court powers |
| Reports to | President | President | President |
National Commission for Women
| Feature | Detail |
|---|---|
| Nature | Statutory body (not constitutional) — established under the National Commission for Women Act, 1990 |
| Composition | Chairperson + 5 members (nominated by the Central Government) + Member-Secretary |
| Functions | Review constitutional and legal safeguards for women; recommend remedial legislative measures; look into complaints and take suo motu notice of matters relating to deprivation of women's rights |
National Commission for Minorities
| Feature | Detail |
|---|---|
| Nature | Statutory body — established under the National Commission for Minorities Act, 1992 |
| Notified minorities | Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis), and Jains (notified in 2014) |
| Functions | Evaluate progress of development of minorities; monitor safeguards; look into specific complaints |
National Human Rights Commission (NHRC)
| Feature | Detail |
|---|---|
| Nature | Statutory body — established under the Protection of Human Rights Act, 1993 (amended in 2006 and 2019) |
| Composition | Chairperson (retired Chief Justice of India or a Judge of the Supreme Court) + one member who is or has been a Supreme Court Judge + one member who is or has been Chief Justice of a High Court + 3 members with knowledge of human rights (at least one shall be a woman) |
| Deemed members | Chairpersons of NCSC, NCST, NCBC, NCW, National Commission for Minorities, National Commission for Protection of Child Rights, and Chief Commissioner for Persons with Disabilities |
| Appointment | By the President on the recommendation of a committee comprising PM (Chairperson), Speaker of Lok Sabha, Home Minister, Leaders of Opposition in both Houses, Deputy Chairman of Rajya Sabha |
| Term | 3 years or until the age of 70 years, whichever is earlier (amended from 5 years by the 2019 Amendment) |
| Powers | While inquiring, has powers of a civil court; can recommend compensation, prosecution, or any other appropriate action |
| Limitation | Cannot inquire into a complaint if the alleged violation occurred more than one year before; cannot investigate cases involving the armed forces |
Important for UPSC
Prelims Focus
- ECI: Article 324; CEC removal like SC Judge; ECs removed on CEC's recommendation; 2023 Act — Selection Committee (PM + LoP + Cabinet Minister); term 6 years or 65 years
- CAG: Articles 148-151; removal like SC Judge; term 6 years or 65 years; not eligible for further government office; reports examined by PAC
- UPSC: Articles 315-323; term 6 years or 65 years; removal by President after SC inquiry; SPSC members' age limit is 62 years; Chairman of UPSC not eligible for further government employment
- Finance Commission: Article 280; Chairman + 4 members; constituted every 5 years; advisory recommendations; 16th FC — Arvind Panagariya, 41% devolution
- National Commissions: NCSC (Art. 338), NCST (Art. 338A — 89th Amendment, 2003), NCBC (Art. 338B — 102nd Amendment, 2018); NCW and NHRC are statutory, not constitutional
- NHRC: PHR Act, 1993; Chairperson — retired CJI or SC Judge; term 3 years or 70 years; cannot investigate armed forces; one-year complaint limit
Mains Dimensions
- ECI independence: Impact of the 2023 Act on selection process — does it compromise autonomy?
- MCC: Should it be given statutory backing?
- CAG: Relevance of audit in the age of digital governance — performance audit vs compliance audit
- UPSC: Lateral entry debate — does it bypass UPSC's constitutional role?
- Finance Commission: Vertical devolution — is 41% adequate for cooperative federalism?
- National Commissions: Effectiveness — are they toothless tigers? Recommendations are advisory — impact assessment
Interview Angles
- Should the CEC and ECs be appointed through a Collegium system?
- Is the MCC adequate for regulating freebies — the Supreme Court's stance
- Why does India need both a Finance Commission and NITI Aayog?
- Should the NHRC be given power to investigate the armed forces?
- How effective has the NCBC been after gaining constitutional status in 2018?
Previous Year Questions (PYQs)
UPSC Prelims
Q1. (2017) Consider the following statements:
- The Election Commission of India is a five-member body.
- The Union Ministry of Home Affairs decides the election schedule for the conduct of both general and bye-elections.
Which of the above statements is/are correct? Answer: Neither is correct. The ECI is a three-member body (CEC + 2 ECs). The ECI itself decides the election schedule, not the Home Ministry.
Q2. (2015) The CAG of India:
- Is appointed by the President of India
- Can be removed only through impeachment
- Has a term of 6 years or 65 years of age, whichever is earlier
Answer: Statements 1 and 3 are correct. Statement 2 is technically correct — the CAG is removed in the same manner as a Supreme Court Judge (which is commonly referred to as impeachment, though technically it is "removal by address").
Q3. (2018) Consider the following statements regarding UPSC:
- The Chairman of UPSC is appointed by the President.
- The Chairman of UPSC, on ceasing to hold office, is eligible for appointment as the Governor of a State.
Answer: Statement 1 is correct. Statement 2 is correct — Article 319 bars further employment under Central or State Government, but the post of Governor is not "employment" as it is a constitutional post held during the pleasure of the President.
Q4. (2020) Consider the following statements regarding the Finance Commission:
- It is constituted every five years by the President.
- It recommends the distribution of the net proceeds of taxes between the Union and the States.
Answer: Both statements are correct.
Q5. (2019) With reference to the NHRC, consider the following statements:
- Its Chairman must be a retired Chief Justice of India.
- It has the power to investigate human rights violations by the Armed Forces.
Answer: Statement 1 is partially correct — the 2019 Amendment allows a Judge of the Supreme Court to be Chairperson (not only retired CJI). Statement 2 is incorrect — NHRC cannot investigate cases involving the armed forces.
UPSC Mains
Q. (GS-II, 2018) "The Election Commission of India has been a bulwark of Indian democracy." Discuss the powers and limitations of the Election Commission with reference to free and fair elections.
Q. (GS-II, 2019) "The CAG is the guardian of the public purse." Examine the role of the CAG in ensuring executive accountability. What reforms would strengthen the audit process?
Q. (GS-II, 2022) Examine the role and relevance of the Finance Commission in the federal fiscal architecture of India. How have the recommendations of the 15th Finance Commission affected Centre-State financial relations?
Current Affairs Connect
Sources: Constitution of India — legislative.gov.in | Know India — india.gov.in | PRS Legislative Research — prsindia.org | Election Commission of India — eci.gov.in | CAG India — cag.gov.in | UPSC — upsc.gov.in | NHRC — nhrc.nic.in | PIB — pib.gov.in