Authorities&commissions.docx

Individual/B ody President

VicePresident (or) Chairman of Rajya sabha

Duty/Objective Head of Indian state

Chairman of Rajya sabha

Constitutional Status Art 52-62 in part V

Composition/Election

Appointment

Qualification

Tenure

Removal process

Elected members of both the houses of parliament, legislative assemblies of state and UT’s of Delhi and Puducherry(nominated members not participated)-Art 54

By chief justice of India or senior most judge of SC by taking oath of, a) Faithfully execute office, b)Preserve, protect and defend constitution and law, c)Devote himself to service and wellbeing of people of India

a)Citizen of India, b)<35 years, c)qualified for election as Member of Lok sabha, d)should not hold office of profit under union or state

5 years and eligible for re-election

Art 63 in part V

By elected and nominated members of both houses of parliament(Art 66) not by state assemblies

By president

a)Citizen of India, b)<35 years, c) qualified for election as Member of Rajya sabha, d) should not hold office of profit under union or state

5 years and eligible for re-election

a)By addressing resignation letter to vice-president , b)Process of impeachment(Art 61)(can be initiated in either house, prior to 14 day notice and signed by 1/4th of members and should pass majority of 2/3rd of the total membership of house) a)By addressing resignation letter to president , b)Removed by resolution passed by Rajya sabha by absolute majority(majority of total members of house) and agreed by Lok sabha(Art 67(B))

By president warrant under his hand and seal (Art 155)

Citizen of India, not less than 35 years. Shall take oath in the presence of chief justice of High court

5 yearsholds office during pleasure of president(A rt 156)

By addressing resignation letter to president

Does not have any oath

As same as for Member of parliament

5 years but speaker does vacate only when newly elected one comes in place

Cease to be a member of Lok sabha, a)Resigns by writing to deputy speaker, b)Removed by resolution with absolute majority( majority of total members) with the support of 50 members with 14 days’ notice in advance , Can vote in 1st instance not in case of tie

Not a member of the Rajya sabha

Governor

To act as an agent of Centre and chief executive head of state.

Art 153-162 in part VI

Speaker of Lok sabha

To maintain order and decorum in house

Art 93 in part V

By among its members and date fixed by president

Independence/Powers Guaranteed

Powers &Functions Art-53 deals with, a)Executive power b)Legislative power(Veto power, Ordinance making power(Art 123)), c)Financial powers, d)Judicial powers(Advise from SC 143, Pardoning power(Art 72)), e)Diplomatic powers, f)Military power, g)Emergency powers,

a)Can be removed by absolute majority, b)Salaries and allowances charged on consolidated of India,

a)Can be removed by absolute majority, b)Salaries and allowances charged on consolidated of India, c)Work and conduct can be discussed only on Substantive motion in place, d)Not to subject to jurisdiction of any court on his duties, e)7th rank in position equal to CJI of India

a)Ex-officio chairman of Rajya sabha, b)Act as president when a vacancy occurs due to resignation, removal, death or otherwise

a)Executive power(Art 154) b)Legislative power-ordinance making(Art 213) c)Financial power d)Judicial power-pardoning power(161) e)Reserve bill to president(Art 201) Interpreter of , a)constitution of India b)rules of procedure c)parliamentary precedents in the house Adjourn and suspends the house, Perform casting vote in case of tie, Presides over joint sitting of parliament, Allows secret sitting of house, Decides money bill or not, who disqualifies the members on the ground of defection(10th schedule) Ex-officio chairman of business advisory ,rules and general purpose committee

Central council of ministers

State council of ministers

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In Part V, Art 74 (to aid and advise president ) Art 75 (collectively responsible and hold office during pleasure of president)

In Part VI Art 163-to aid And advice Art 164collective responsibility

Judge of SC

Integrated and single system Federal courtcourt of appeal-

Articles 124 to 147 in Part V

1.Cabinet Ministerswho heads important ministries 2. Ministers of statewho in charge of independent dept or attached to cabinet ministers and not part of cabinet 3. Deputy ministers: attached to cabinet ministries or with ministers of state and works as deputy to them. 4.Parliamentary secretaries: no dept under control and attached to senior minsters and assist in his parliamentary duties

PM by president and other ministers by president on the advice of PM

Collective responsibility: Art 75-collectively responsible to Lok sabha Individual Responsibility: Minister should tandem with council of ministers action or its decisions Total no of ministers<15% of total strength of lok sabha added in 91st amendment act Cabinet-inserted in Art 352 by 44th amendment act which does not find place in original constitution Cabinet committees: Extra constitutional-to reduce workload of cabinet a) Standing committeePermanent in nature Ex. Political affairs (‘super cabinet’), Economic affairs and appointments committee.

a)Cabinet Ministerswho heads important Departments b)Ministers of statewho in charge of independent dept or attached to cabinet ministers not part of cabinet c)Deputy ministersattached to cabinet ministries or with ministers of state and works as deputy to them

CM by governor and others by advice of governor but tribal welfare ministers in Chattisgarh, Jharkand,odisha and Madhya Pradesh

1 CJI +30 judges(can be increased by parliament)

By president consultation with collegium, Senior most judge

b)Ad hoc committeetemporary in nature Collective responsibility: Art 163-collectively responsible to legislative assembly of state During no confidence all ministers including ministers from legislative council need to resign Individual Responsibility: Minister should tandem with council of ministers action or its decisions

a)Citizen of India <65 b)Judge of HC for 5 years or

a)Can resign b)Can be removed by parliament by special majority on the grounds of proved

a)Mode of appointment b)Security of tenure(not by pleasure of president)

Cabinet committees: Extra constitutional-to reduce workload of cabinet a. Standing committeePermanent in nature b. Ad hoc committeetemporary in nature Original jurisdiction(Art 131), Writ jurisdiction(Art 32 only for FR), Appellate jurisdiction(constitutional

guardian of constitution

Art 214-231 in part IV

Judge of HC

CAGI

Advocate of HC for 10 years or distinguished jurist

Upholds financial administration and controls entire financial system in country

Art 148

1 chief justice and other ‘n’ no of judges decided by president(not by parliament)

By president consultation with CJI +governor of the state

By president by warrant under his hand and seal

Citizen of India Held a judicial office in the territory of India for 10 years or Advocate of HC for 10 years

misbehaviour or incapacity

c)Fixed service conditions(cannot be changed by parliament) d)Charged on Consolidated fund of India e)Conduct cannot be discussed f)Ban on practice after retirement g)Power to punish for contempt h)Freedom to appoint its staff i)Jurisdiction cannot be curtailed but can be extended j)Separation from executive

matters,civil,criminal and appeal by special leave Art 136) Advisory jurisdiction(Art 143), A court of Record, Power of judicial review, Other powers(disputes in election of president and vice-president, enquires conduct and behaviour of UPSC chairman and members, superintendence over all the courts and tribunals)

<62

Can resign Can be removed by parliament by special majority on the grounds of proved misbehaviour or incapacity

As same as SC but expenses(salaries and allowances) of HC charged on consolidated fund of state but pension of HC judge charged on consolidate fund of India

Original jurisdiction(disputes reg to election of members of parliament and SL, cases from subordinate courts), Writ jurisdiction(Art 32,226 for both FR and other), Appellate jurisdiction(civil,criminal,over administrative tribunals) Control over subordinate courts, A court of Record, Power of judicial review(Art 13 and 226),

6 years + <65 years

Can resign by addressing to president, Removed on the same grounds and same manner as judge of SC.

Security of tenure, Not eligible for further office under GOI or state, Salary and allowances charged on consolidated fund of India

Art 149-prescibes the duties and powers Submits 3 reports, 1.audit report on appropriation accounts 2.audit report on finance accounts 3.audit report on public undertakings Conducts, legal & regulatory audit and propriety audit which is discretionary of CAG. Audits accounts related to all expenditure from consolidated fund of india, All bodies and authorities substantially funded from central or state revenues, Assist public accounts committee,

Election Commission and commissionr

Superintendence, direction and control of elections to parliament,states, president and vice-president

Art 324

1 CEC+’n’ no of commisioners by president(2 as of now)

By president

Not prescribed and not debarred from any further appointemnet by govt

6 yrs or <65

Same as for judge of SC

Mode of appoinmnet Security of tenure(not by pleasure of president) Fixed service condtions(cannot be changed by parliamnet), Other election commisoners cannot be remomoved except on the CEC’s recommendation

UPSC

Central recruiting agency

Art 315-323 in part XIV

Chairman+other members

By president

One half of the members held office under central or state for 10 yrs and not prescribed any qualification

6 yrs+<65

Adjudged an insolvent, Engage in any paid employment, Infirmity of mind or body, by president for misbehaviour after the binding reference from SC

SPSC

State recruiting agency

Art 315-323 in part XIV

Chairman+other members

By governor of the state

One half of the members held office under central or state for 10 yrs and not prescribed any qualification

6 yrs or <62(for UPSC 65)

Adjudged an insolvent, Engage in any paid employment, Infirmity of mind or body, by president(not by governor) for misbehaviour after the binding reference from SC

Only removed by president as mentioned in constitution, Conditions of services cannot be varied to his disadvantage, Expenses charge d on consolidated fund of India,chairman or member not eligible for reappointment to tat office and chairman not eligible for any other employment under GOI or state Only removed by president as mentioned in constitution, Conditions of services cannot be varied to his disadvantage, Expenses charge d on consolidated fund of state, chairman or member not eligible for reappointment to tat office but eligible for other state SPSC’s and UPSC and chairman not eligible for any other employment under GOI or state,

Secures the financial accountability of the executive Administrative: to determine electoral constituencies and rolls, dates and schedules, recognition to parties and allocation of symbols Quasi-Judicial: Appoint officers for settling disputes, Determine code of conduct, Cancel polls if irregularities, supervise elections Advisory: Advise president or governor for disqualification of members, advise president in case of election for the state in president’s rule Conducts exams for all India services, central services and public service of the centrally administered territories, Should be consulted with all matters relating to appointments,disciplinary matters,pensions,temporary appointments and related to personnel management to civil services, present annual report to president who place it before the houses of parliament with reasons for non- acceptance from govt. Conducts exams for services to states , Should be consulted with all matters relating to appointments,disciplinary matters,pensions,temporary appointments and related to personnel management to state civil services, present annual report to governor who place it before the housed of state legislature with reasons for non- acceptance from govt.

NHRC

To strengthen institutional arrangements, look into allegations of human rights independently from govt.

Statutory body(not constitutional) under the Protection of Human Rights Act 1993

Chairman+4 members

By president from 6 member committee headed by PM+speaker+deputy chairman of rajya sabha+Leaders of opposition in both house+central home minister

Chairman should be retired CJI and other members should be serving or retired judge of SC or serving or retired judge of HC +exofficio members(chairman national commission for minorities,SC’s &ST’s and woman)

5 yrs or <70 yrs

SHRC

Inquire into violations of human rights in state list and concurrent list

As same as NHRC

Chairman+2 members(1+2)

Appointed by governor on the recommendation of CM as its head+speaker of assembly+leader of opposition+state home minister(+chairman and leader of opposition in council)

Retire chief justice of high court and other members should be serving or retired judge of high court or district judge and person with special knowledge in human rights

5 yrs or <70 yrs

CVC

Agency for preventing corruption in central govt

Statutory body,recommen ded by santhanam committee on prevention of corruption

Central vigilance commisisoner+not more than 2commissioners(1+2)

By president under his hand and seal on the recommendation of PM as its head+home minister+leader of opposition in lok sabha

CIC

Entertains complains and appeals in offices,financeial insitiutions,PSU’s under central govt and UT’s.

Statutory body under RTI act 2005

1 CIC+not more than 10 members

By president on the recommendation of PM as its head+union cabinet minister+leader of opposition in lok sabha

4 yrs or 65 yrs

Eminence in public life with knowledge and experience in law,science and tech,social serice,management,joura nalism,mass media or admin and governance

5 yrs or <65 yrs

By president under, Adjudged an insolvent, Engage in any paid employment, Infirmity of mind or body, Unsound mind,convicted and sentenced to imprisonment, for misbehaviour and incapacity by president after the binding reference from SC By president under(not by governor), Adjudged an insolvent, Engage in any paid employment, Infirmity of mind or body, Unsound mind,convicted and sentenced to imprisonment, for misbehaviour and incapacity by president after the binding reference from SC By president under, Adjudged an insolvent, Engage in any paid employment, Infirmity of mind or body, convicted and sentenced to imprisonment, acquired any financial interest for misbehaviour and incapacity by president after the binding reference from SC By president under, Adjudged an insolvent, Engage in any paid employment, Infirmity of mind or body,

Only removed by president as mentioned in constitution, Conditions of services cannot be varied to his disadvantage

To inquire and Intervene human rights violation by suo-motu or on petition, Encourage NGO’s working in human rights field, Powers of civil court,look into matters within 1 yr of its occureence, Recommendations are not binding nature but central govt should inform its action within 3 months and submit its report to central or state govt and placed before parliament

Only removed by president as mentioned in constitution, Conditions of services cannot be varied to his disadvantage

To inquire and Intervene human rights violation by suo-motu or on petition, Encourage NGO’s working in human rights field, Powers of civil court,look into matters within 1 yr of its occureence, Recommendations are not binding nature but central govt should inform its action within 1 month and submit its report to state govt and it placed before legislature

Salary ,allowance similar to that of chairman of UPSC and cannot be varied to his disadvantage

Inquire into allegations of central govt public servants based on Prevention of corruption act 1988 and exercises superintendence and directions over Delhi police special establishment

Salary ,allowance similar to that of Chief election commissioner and cannot be varied to his disadvantage

Receive and inquire into complaint on, Non appointment of PIO’s,refused information,not received response,fees charged are unreasonable,information uncopleteness.

convicted and sentenced to imprisonment,acqui red any financial interest for misbehaviour and incapacity by president after the binding reference from SC By governor under, Adjudged an insolvent, Engage in any paid employment, Infirmity of mind or body, convicted and sentenced to imprisonment,acqui red any financial interest for misbehaviour and incapacity by president after the binding reference from SC(not High court) -

SIC

Entertains complains and appeals in offices,financeial insitiutions,PSU’s under state.

Statutory body under RTI act 2005

1 CIC+not more than 10 members

By governor on the recommendation of CM as its head+state cabinet minister+leader of opposition in assembly

Eminence in public life with knowledge and experience in law,science and tech,social serice,management,joura nalism,mass media or admin and governance

5 yrs or <65 yrs

Salary ,allowance similar to that of election commissioner and cannot be varied to his disadvantage

Finance Commission

Distribution of net proceeds of taxes between centre and states

Art 280 Quasi-judicial body

1 chairman +4 members

By president

Constituted every th year or earlier time

Planning Commission

For planning and socio-economic development

Nonconstitutional and nonstatutory body

PM as chairman+deputy chairman(cabinet minister rank)+finance minister as ex-officio member

By PM

Parliament can determine, Chairman Should have experience in public affairs and other members should have, A judge of high court or one to qualified to be appointed as one, Specialised knowledge in finance and accounts, Wide experience in financial matters and administration, Special knowledge in economics -

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NDC

To secure cooperation from states and ensure balanced development

Nonconstitutional and nonstatutory body

PM as head+all union cabinet ministers+CM of all states+CM/administrato rs of UT’s+members of planning commission

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Powers: Summoning and enforcing attendance of persons,requistitoning any public record from any court or office and directing any public authority Submits it annual report central govt and placed it before parilament Receive and inquire into complaint on, Non appointment of PIO’s,refused information,not received response,fees charged are unreasonable,information uncopleteness. Powers: Summoning and enforcing attendance of persons,requistitoning any public record from any court or office and directing any public authority Submits it annual report state govt and placed it before state legislature Distribution of net proceeds of taxes,grants-in-aid to states Art 275,measures to augment the consolidate fund of state. Submits it report to president and lays before parliament (14th finance commissionchairman Y.V. Reddy)

Assessment of material,capital and human resources of country and formulate plans and determine priorities. Orgas: Technical division House keeping branch Programme advisors Prepare guidelines for national plan, consider and make assessment, review and recommend measures on national plan

Commission for SC

For socioeconomic development of SC’s

Constitutional body under Art 338

Chairperson+ vice-chair person +3 members

By president warrant under his hand and seal.

Determined by president

By president

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Investigate and monitor constitutional and other legal safeguards,inquire into complaints,participate and advise on planning process for SCs To submit annual reports to president, and to make recommendations to union or state Powers of civi court, Summoning and enforcing attendance of persons,requistitoning any public record from any court or office and directing any public authority

Commission for ST

For socioeconomic development of ST’s

Constitutional body under Art 338-A

Chairperson+ vice-chair person +3 members

By president warrant under his hand and seal.

Determined by president

By president

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Investigate and monitor constitutional and other legal safeguards,inquire into complaints,participate and advise on planning process for ST’s To submit annual reports to president, and to make recommendations to union or state Powers of civi court, Summoning and enforcing attendance of persons,requistitoning any public record from any court or office and directing any public authority

Special officer for Linguistics minorities

To safeguard linguistic minorities

Commissioner for linguistic minorities +deputy and assistant commissioner

By president

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Group of people whose mother tongue is different from that of majority in state.

Attorney General

Highest law officer

By 7th constitutional amendment act inserted Art 350-B in part XVII In Art 76

AG

By president

Qualified to be appointed a judge of SC

Not fixed by constitution and

holds office during pleasure of president

Rights of audience in all courts in the territory of india,right to speak and take part in both housed of parliament or in joint sitting but without a right to vote. Privileges and immunities of AG=Member of Parliament, Does not fall in category of govt servant and not debarred from private legal practice.

Falls under Ministry of minority affairs Advise to GOI on legal matters and duties of legal character assigned by president. Appear on behalf of GOI in SC and HC.Solicitor general of India to assist AG and consititution does no tmention about solicitor genral of India

Advocate General

Highest law officer in state

In Art 165

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By governor

Qualified to be appointed a judge of HC

Not fixed by constitution

holds office during pleasure of governor

Rights of audience in all courts in the state,right to speak and take part in both houses of state legislature but without a right to vote. Privileges and immunities of AG=Member of state legislature,

Advise to GOI on legal matters and duties of legal character assigned by governor.