Constitutional Officers:
· A constitutional office is one which is created by the constitution.
Ex: Its powers, structure; function is determined by constitutional election commission, public service commission, CAG, AG, ADG, National commission for SC, STs.
· Legal office is one which is created by law of the parliament or by state legislature.
Ex: NHRC, NC women, NC children, NC for BC, UGC, and Legal office is also called statutory bodies.
· Extra constitutional bodies are those, which are created by order/ decision of cabinet.
Ex: Planning commission, NDC, National Advisory Council (NAC).
1. Election Commission of India :
· Part 15th, Art – (324 – 329) deal with elections in India.
· Art – 324 deals with structure & composition of ECI.
· ECI has 1 chief election commission (chairman)
· There will be such no. of other commissioners, as decided by president, regulated by parliament.
· ECI is a multi membered body. It became functionally multi membered 1st time in 1989.
· However, in 1990 it was reverted into single membered body, when V.P.Singh was P.M.
· Again in 1993, When P.V.Narasimha Rao was PM it was converted into multimember body with an ordinance, approved by parliament.
· CEC and other commissions are appointed by president for term of 6 years & retire at the age of 65 years, whichever is earlier.
· Removal: CEC is removed like that of SC judges. Other commissioners are removed by the president on CEC advice.
· Salary is equivalent to SC judges for CEC & other commissioner. Even powers & functions, CEC & other commissions are same.
Powers & Functions:
ECI exercise 3 types of powers & functions:
Admin. functions
Advisory functions
Quasi judicial functions
Admin. functions:
· Preparing voters list.
· Issuing notification of election is through president / governor by ECI, except local bodies.
· However, MP elections notification is issued by president.
· ECI decides controls, regulates, and supervises elections.
· It recognizes political parties & allots party & election symbols.
· It also gives status to political parties like national, regional, recognized, registered parties.
Quasi judicial functions:
· In case of disputes among political parties regarding symbol or other related problems, it decides the cases.
· Any dispute during the elections will be decided by ECI.
Advisory functions:
· The removal of state MLAs, MPs by Govt. prez on ECI advice.
Art – 326: provides right to vote.
Art – 329: once electoral process is commenced, courts are barred in the interference of electoral process.
1st EC: Sukumaran Sen
Present EC: SY Qurashi (2010 – onwards).
PUBLIC SERVICE COMMISSIONS: part 14 of const. from Art – (315 – 323) deals with PSCs.
UPSC
SPSC
JPSC
UPSC consists of a chairman & such no. of other members as decided by president.
àCurrently ‘1 + 10’.
It consists one chairman & such no. of members, decided by the governor.
àCurrently ‘1 + 9’.
Name of APPSC bhavan is pratibha bhavan.
Parliament of India estb. JPSC for 2 or more states.
-There is no state with JPSC.
-President appoints chairman & members of JPSC.
President appoints members & chairman for 6yrs of age.
Govt. appoints for the term of 6yrs but retire at 62yrs of age.
Note: original const., retirement age was 60, but was to 62 in 1976 by amend. Act.
Appointed by president, for 6yrs & 65yrs max. of age.
Salary is fixed by president ≈ judges of SC.
Salary of SPSC varies from state to state. In AP chairman gets HC judge salary.
Salary is decided by prez shared by states.
Governor of state can suspend the chairman / members of SPSC.
The chairman of UPSC after retirement is ineligible for subsequent govt. appointment.
· No specific qualification for any member of PSCs. But, half of members of PSC must be taken from admin. services. The remaining half by discretion of govt.
· However other members or chairman of PSC are eligible for higher positions in the PSC only.
Functions:
· PSCs are basically advisory bodies on service matters of govt employees.
Service matters:
Recruitment
Appointment
Promotion
Disciplinary action
Retirement
· PSC do not have no matter regarding reservations.
· Govt. may follow/ may not follow advice by PSC.
Comptroller & auditor general: CAG
· This office has been taken from England. It is highest constitutional office, appointed by prez by warrant under his seal & signature.
· Hence, CAG has to take oath before entering his office which is administered by prez, in 3rd schedule.
· Term: 6yrs, retires @ 65yrs whichever is earlier.
· No specific qualification is mentioned. But he is generally taken from Indian Audit & account service (IAAS).
· Removal: same as judges of SC by parliament.
· Salary: fixed by parliament, charged on consolidated FI can’t be reduced @ any time to his disadvantages except during Financial emergency (90,000/-).
· Eligible for pension after retirement. Salary ≈ SC judges. All these details are mentioned in Art 148.
· Parliament regulates the service conditions of CAG. Thus, parliament made an act in 1971, amended in 1976.
· Thus, since then, accounting has been separated from auditing;(1976)
· After retirement, he is not eligible for subsequent appointment.
Functions of CAG:
Audits & reports expenditure from all funds CFI, CFS, const. FS, PAF of state, India.
Audits & reports on working of various public undertakings by GOI & state govts.
He provides technical expertise, advice, to the financial committee of the parliament.
He is a fixed philosopher, guide to PAC.
He gives certificate regarding net proceeds of division of resources / revenues between centre & state.
He provides advice to prez on matters relating to auditing & accounting.
He submits his report under Art 151, to the president, in case of central accounts, to governor in case of state accordingly, as CAG is a common constitutional state govt.
· Thus, CAG is called custodian of national exchequer. The auditing done by CAG is just post-motem of accounts.
· In India, we do not have pre-auditing system. Prior permission of CAG is not required for spending the money. Thus CAG is just an auditor not a comptroller.
· CAG is a lone wolf without chief, without subordinates. He does not have admin. control over staff or office.
· CAG is regarded as an extended arm of the parliament.
· 1st CAG: Narahari Rao
Current: Vinod Rai
Attorney General of India
Auditor General of State
Acc. To Art 76, prez appoints At.G, holds office during the pleasure of prez
Acc. To Art 165, governor appoints Au.G, holds during pleasure of governor.
Posses the qualification as that of SC
Posses the qualification as judge of HC.
Salary SC judges 90,000/-
Salary HC judges
Highest legal officer in India. Chief legal advisor to central govt. he appears before any court, on behalf of central govt & pleads the case.
Highest legal officer in state chief legal advisor of state govt. appears on behalf of state govt. & pleads the case.
He can take part in the parliament proceedings without right to vote.
1st At.G: M.C. Setalvad
Present At.G: Vahanvati
He can take part in assembly, without right to vote.
Current Au.G: Sudarshan reddy
National Commission for SC, STs:
· Const. provided certain protection for SCs, STs, in FRs & in other parts of const.
· Art – 338 says, there shall be a National commission for SCs, STs.
· In 1978, Janta party appointed 1st commission under the chairmanship of Bolapaswan sastry.
· In 1990, by 65th amend, constitutional status was accorded to national commission for SC, STs, which was a common commission.
· In 2003, by 89th const. amend, a separate commission was constituted for STs; under Art – 338 (A).
àStructure, composition & powers of both are same.
Composition & Structure:
· The commission has chairman, vice chairman, and 3 other members, appointed by prez for the term of 3yrs.
· Prez is empowered to remove them, after an enquiry made by judge of a SC.
· The chairman of this commission has cabinet rank. Vice chairman has MOS rank, members have Dy. Ministers rank.
Power & Functions:
1. National commission for SC, ST enjoys the powers of a civil court. They are: issuing summons warrants; ask for evidence.
Note: ‘highest judicial office = CJI’.
2. Commission needs to be constituted by central govt regarding all party matters for SC, STs.
3. It enquires the allegations of violation of SC, ST rights, submits report with suggested action to govt.
Legal offices include
NHRC at central & state.
National commission for BC, minorities, women, children (also state)
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