UPSC Prelims Notes: Constitutional Bodies (Part-1)

By Hemant Kumar|Updated : May 11th, 2022

Constitutional Bodies are those which have their mention in the constitution of India. Their powers, functions, and authorities are derived from the constitution itself and any changes in them would require an amendment to the constitution. Constitutional Bodies are included in the UPSC Indian Polity and Governance Syllabus. In this article, we are providing you with short notes on constitutional bodies for UPSC IAS Prelims that can be utilized for quick Revision.

Candidates who are appearing for UPSC Prelims must go through these short notes in the revision period so that they will be able to attempt the questions from constitutional bodies without any trouble.

Constitutional Bodies in India: UPSC, SPSC, Finance Commission, CAG, and Special Officer for Linguistic Minorities

Article

315-323

Composition and Appointment

➩Strength-based on the discretion of the President.

➩Appointment by the President of India.

Service conditions and Tenure

➩Six years to 65 years of age, whichever is earlier

Removal

➩Resignation to the appointing authority- President.

➩Removed for adjudged insolvency, engagement in paid employment outside the office during tenure, and infirmity of body or mind in the President's opinion.

Qualification

➩Not prescribed except that at least half of the members should have held office under the Government of ➩India or State Governments for at least 10 years.

Powers

➩Conducts examinations for services at the Union level.

➩Advice the President of India when asked.

➩Additional functions are given by the Parliament.

Reports

➩To the President of India.

➩Recommendations not binding in nature.

Eligibility for reappointment

➩Chairperson-Not eligible

➩can be appointed as UPSC/SPSC chairperson.

Few Other Important Pointers

Obligations on the State:

➩UPSC/SPSC shall be consulted on all matters relating to

                -The methods of recruitment to civil services.

                -On the suitability of candidates for such appointments, promotions or transfers.

                -On disciplinary actions.

Constitutional Bodies Notes on State Public Service Commissions (SPSC)

Article

315-323

Composition and Appointment

➩Strength-based on the discretion of the Governor.

➩Appointed by the Governor of the state

Service conditions and Tenure

➩Six years or 62 years of age whichever is earlier.

Removal

➩Resignation to the appointing authority- President.

➩Removed for adjudged insolvency, engagement in paid employment outside the office during tenure, and infirmity of body or mind in the President's opinion.

Qualification

➩Not prescribed except that at least half of the members should have held office under the Government of India or State Governments for at least 10 years.

Powers

➩Conducts examinations for services at the state level.

➩Advice the Governor of the state when asked.

➩Additional functions given by the Parliament.

Reports

➩To the Governor of the state.

➩Recommendations not binding in nature.

Eligibility for Reappointment

➩Chairperson: Eligible for UPSC chairperson/member.

➩Members: Eligible for UPSC chairperson/member and any SPSC chairperson.

Few Other Important Pointers

Obligations on the State

➩UPSC/SPSC shall be consulted on all matters relating to

            1-The methods of recruitment to civil services.

            2-On the suitability of candidates for such appointments, promotions or transfers.

            3-On disciplinary actions.

Constitutional Bodies Notes UPSC on Finance Commission

Article

280

Composition and Appointment

➩Chairman and 4 other members appointed by the President.

➩Constituted by President at an interval of 5 years or even before.

Service conditions and Tenure

Not mentioned

Removal

Not mentioned

Qualification

➩Constitution authorizes the Parliament to determine the qualifications of the members and the manner of their selection.

➩The chairman should have experience in public affairs.

➩Four other members should be-

         1-A judge of the High court or one qualified to be appointed as one.

         2-One with specialized knowledge of finance and government accounts.

         3-One with wide experience in financial matters and administration.

         4-One with specialized knowledge of economics

Powers

➩FC makes the following recommendations to the President

➩Distribution of net proceeds of taxes to be shared between the centre and the states, and allocation between the states.

➩Principles governing the grant in aid ( Out of the consolidated fund of India)

➩Measures needed to augment the consolidated fund of the state to supplement the resources of Panchayat and Municipality on the basis of recommendations made by the Finance Commission.

➩Any other matter to refer to it by the President.

Reports

➩Commission submits the report to the President.

➩Recommendations are not binding

Eligibility for reappointment

Eligible

Constitutional Bodies Notes UPSC- Comptroller and Auditor General of India (CAG) 

Article

148-151

Appointment and Tenure

➩By President by a warrant under his hand seal.

➩Six years or 65 years of age whichever is earlier.

Removal

➩Resignation to the President.

➩Removal in the same manner as Supreme court judge.

➩Removal not at President’s pleasure.

Qualification

➩No condition of qualification mentioned.

Powers

➩Article 149 discusses the duties and powers of CAG.

➩The duties are prescribed by the law made by Parliament.

➩Audits accounts of Consolidated fund of India, Consolidated fund of each state, and Consolidated fund of each Union Territory

➩Audits expenditure of Contingency fund of each state and Public Account of each state.

➩Audits all the subsidiary accounts of the state and central governments.

➩Audits receipts and expenditures of state and central government.

➩Audits receipts and expenditure of Bodies financed by Central and State revenues, Government companies, and other corporations and bodies required by laws.

Advises the president to the prescription of the form in which accounts of the centre and state shall be kept.

Acts as friend philosopher and guide of the PAC.

Ascertains and certifies the net proceeds of any tax or duty.

Reports

➩Submit audits and report to President/Governor who shall place them before both houses of Parliament/State Legislature.

Eligibility for reappointment

Not Eligible 

Constitutional Bodies Notes for UPSC Prelims on Special Officer for Linguistic Minorities

Article

350-B 

Appointment

President of India

Composition

Commissioner assisted by the deputy commissioner and assistant commissioner

Service conditions and Tenure

Not specified by the Constitution.

Removal

Not specified by the Constitution.

Qualification

Not specified by the Constitution.

Powers

➩To investigate all matters relating to the safeguards provided for linguistic minorities under the Constitution.

➩Report to the President upon those matters at such intervals as the President may direct.

Reports

Submits to the President through the Ministry of Minority Affairs.

 

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FAQs about Constitutional Bodies Notes for UPSC

  • A constitutional body is an organization that is created by the constitution of a particular country. The constitution bodies their powers from the constitution. The constitutional bodies section is a part of the UPSC Indian Polity and Governance syllabus.

  • The statutory bodies are built or established by an act of parliament but on the other hand, the constitutional bodies are mentioned in the constitution.

  • Yes, the General Studies-1 of the UPSC Prelims syllabus includes constitutional bodies under the Indian Polity and governance. Candidates can take a look at the short notes we have covered about the constitutional bodies to fetch good marks in this section.

  • As of 2021, the CBI is neither a constitutional body nor a statutory authority. The Delhi Special Police Establishment Act of 1946 is the source of its authority.

  • From the UPSC Prelims' point of view, Indian Polity by Laxmikanth is enough to make notes. It has all the information required for the Prelims exam. Make sure you read and revise it properly for better results.

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