Important Constitutional Posts & Constitutional Bodies

The Constitution of India specifies the establishment of the following major constitutional bodies under which it makes appointments to various constitutional posts:

Election Commission (EC):

• The Election Commission is mentioned under article 324 of the Constitution of India. The Election Commission is the all-India body as it is common to both the central and the state governments.
• The Election Commission is not concerned with the election of the Panchayats and the municipalities in the state as they are looked after by the State Election Commission.
• The Election Commission consists of the Chief Election Commissioner and two election commissioners who all enjoy equal powers.
• The Election Commission is appointed by the President of India for 6 years or till the time the members attain the age of 65 years.
• The members of the Commission can resign before the expiry of 6 years by writing to the President of India.

• Powers and Functions:

1. To conduct fair elections.
2. To prepare the electoral rolls and keep the voter's list updated by adding the names of the persons who have turned up 18 years of age.
3. Declaring the code of conduct for all the political parties at the time of notification of the elections.
4. To appoint the election officers to look into the disputes during the elections Recognition of the political parties and the allotment of symbols to the political parties.
5. To examine the election expenses of the candidate after the elections are done.
6. To cancel the polls in case of violence and other irregularities.

Union Public Service Commission (UPSC):

• The Union Public Service Commission has mentioned under part XIV of the Constitution and articles 315 to 323 deal with it.
• The Union Public Service Commission is appointed by the President of India for the period of 6 years or till the members attain the age of 65 years.
• The Union Public Service Commission consists of the Chairman and 10 members and there is no qualification mentioned in the Constitution of India for the UPSC.
• The chairman and the members of the UPSC before the expiry of the term can resign by writing to the President of India. The chairman and the members of the UPSC can be removed by the President of India after the recommendation of the Supreme Court of India.

• Functions and Powers of UPSC:

1. To conduct the examinations of the All-India Services and other central services The UPSC serves all the demands of the state on the request of the Governor of the concerned state after approval of the President of India
2. The UPSC advice the President of India in the matter relating to the promotion, transfer and appointment of the civil servant from one service to another
3. It looks into the disciplinary matters affecting the person serving under the government of India.

Finance Commission (FC):

• The Finance Commission is mentioned in article 280 of the Indian Constitution and it is a Quasi-Judicial body. It came into existence in the year 1951.
• The Finance Commission is appointed every 5th year by the President of India. The Finance Commission consists of the Chairman and four other members appointed by the President of India. The members of the Finance Commission are also eligible for reappointment.

• Functions of the Finance Commission:

1. The main function of the Finance Commission is the distribution of the taxes between the Centre and the State government.
2. To give a recommendation to the central government to give grants to the state government from the Consolidated Fund of India
3. To give advice to the President of India on the matter of the sound financial interest
4. The advice given by the Finance Commission is only advisory and is not binding on the government.

Attorney General of India & Solicitor General (AGI):

• It is mentioned under article 76 of the Constitution of India. The Attorney General is the highest law officer in the country.
• The Attorney General is appointed by the President of India for an indefinite term means the Attorney General can be removed by the President of India at any time on any grounds or no grounds.
• The Attorney General should possess the qualification of the judge of the Supreme Court.
• The Attorney General is allowed to take up the private practice that is why he didn’t get any salary he gets the remuneration as determined by the President of India.
• The Attorney General can resign by giving the resignation in writing to the President of India.

• Functions & Powers:

1. The Attorney General appears in the Supreme Court and the various High Courts in the cases in which the Government of India is concerned.
2. The Attorney General has the right to audience in any court of India.
3. To give advice to the Government of India in all the legal matters which are referred to him by the President of India.
4. He can take part in the proceedings of both the houses of the parliament but he is not allowed to vote.

Comptroller and Auditor General of India (CAG):

• The Comptroller and the Auditor General of India is mentioned under the article
• 148 of the Constitution of India. The Comptroller and the Auditor General of India is the head of the Indian Audit and Accounts department.
• The CAG is appointed by the President of India under his hand and seal for the period of 6 years or the up to the age of 65 years whichever is earlier.
• The CAG can resign before the expiry of
• 6 years by writing to the president of India. The CAG can be removed by the President of India in the same manner as the judge of the Supreme Court.
• The CAG gets the salary equivalent to the judge of the Supreme Court.

• Functions and Powers: 

1. He keeps a vigilant watch on the expenses of the Centre and the State government.
2. He audits the accounts related to all the expenditure from the Consolidated Fund of India, States and the Union Territory having the Legislative Assembly
3. He audits the expenditure from the Contingency Fund of India
4. He audits the book of records of the government companies such as BHEL, SAIL, and GAIL etc.

Advocate General of the State:

• The Advocate General is mentioned in article 165 of the Constitution of India and he is the highest legal officer of the state government like the Attorney General in the central government.
• The Advocate General is appointed by the Governor of the state for an indefinite term means the Advocate General can be removed by the Governor of the state at any time on any grounds or no grounds.
• The Advocate General should possess the qualification of the judge of the High Court.

• Powers and Functions: 

1. To give advice to the State Government in legal matters which are referred to him by the Governor.
2. To perform other legal duties assigned to him by the Governor.
3. He appears before the court of law within the state in cases related to the State government.

State Public Service Commission:

• The State Public Service Commission has mentioned under part XIV of the Constitution and articles 315 to 323 deal with it.
• The State Public Service Commission is appointed by the Governor of the state for the period of 6 years or till the members attain the age of 62 years.
• The State Public Service Commission consists of the Chairman and other members appointed by the Governor.

• Functions of the SPSC: 

1. The SPSC conducts the exams for the appointment to the services of the State government.
2. The SPSC advises the Governor of the State in the matter relating to the promotion, transfer and appointment of the civil servant from one service to another.
3. It looks into the disciplinary matters affecting the person serving under the State government.

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