India’s Constitutional Bodies: Protectors of Rights, Champions of Governance 1300 Words
They have ensured that justice, equality, and governance across the vast and diverse population happen through the framework of the Indian Constitution. However, there are constitutional bodies inside this framework, playing crucial roles that maintain the fabric of democracy in the country. These are part of the Indian Constitution empowered with autonomy and specific duties towards the enforcement of various aspects of governance. This article talks about stressing importance, their role, and how they function.
Bodies of the Constitution
What are Constitutional bodies? The constitutional bodies of India are institutions instituted by the Indian Constitution to fulfill certain roles ensuring democracy, accountability, and governance.
Locus Standi:-
These bodies have their locus standi in the Constitution- that is, they draw their powers from the Constitution itself, providing them with autonomy and freedom from political interference.
Reason and Importance:-
They protect a wide range of democratic ideals such as justice, equality, free elections and impartial governance.
Election Commission of India (ECI)
Purposes:-
Supervises and administers the elections to the Indian Parliament, State Assemblies, and the posts of President and Vice-President of India.
Constitutional Provisions:-
It has come into operation under Article 324 of the Constitution
Powers:-
Electoral freedom and fair elections all over India
Submit Model Code of Conduct during elections in place
Voter education on rights and procedure regarding elections
Scrutiny of malai malai monetary use and other things during elections
Structure: It comprises Chief Election Commissioner and Election Commissioners.
Independence: The ECI works independently; its members cannot be arbitrarily removed.
Union Public Service Commission (UPSC)
Task:-
Conducts recruitment exams to civil services and a host of other posts in the Govt. of India.
Constitutional Provision:-
It consists of Articles 315 to 323
Activities are:-
Administers the civil services, such as conducting examinations for IAS, IPS, and few other Central services.
Work in an advisory capacity to the Government on matters of promotion, transfer, and disciplinary action.
Creates transparency and merit-based recruitment.
Composition:-
Members and Chairman are appointed by the President of India
Independence:-
Members are given tenure protection and UPSC is at arm’s length distance from the Government.
Finance Commission of India
Objective:-
It determines the inflow of funds between Centre and State Governments.
Constitutional Provisions:-
Article 280 provides that it shall be appointed once in every five years.
Roles and Functions:-
It recommends the share of taxes to be provided by Centre to States.
Determining the States’ financial needs and making a grant recommendation.
Fiscal federal imbalances in the federation.
Compose:-
The Chairman and other members are appointed by the President.
Relevance:-
Ensures the persistence of fiscal federalism and balanced allocation of revenues to states.
Comptroller and Auditor General of India (CAG)
Object:-
Provides audited answerability over the governmental handling of the general budget
Article 148:-
Set up the office of CAG
Comprises:-
Investigating accounts of both Central and State administrations.
Raises concerns regarding the utilization of public money and highlights irregularities therein.
Provides for fiscal responsibility in governmental spending.
Composition:-
The CAG is appointed by the President and has a term of six years or up to the age of 65 years
Independent:-
The CAG cannot be removed unless on serious grounds of grave anomaly maintaining independence in its audit and reporting
Attorney General of India
Objective:-
He is the senior-most law officer who advises the government.
Constitutional Provision:-
Article 76 dealt with the post and responsibility of the Attorney General.
Functions:-
The attorney general is the one who represents the government in court cases before the Supreme Court.
He advises the government on matters which are very complex and technical as well as any matter relating to constitutional interpretation.
He helps the government in designing and making laws and regulations.
Structure:-
The Attorney General is appointed by the President. He has to be a senior advocate or a jurist.
Tenure:-
They are in office during the pleasure of the President without a fixed tenure, providing legal advice as required.
State Public Service Commissions (SPSC)
Objective:-
It is like the UPSC but at state level for recruitment into state services.
Constitutional Provision:-
Articles 315 to 323 speak about the State Public Service Commissions.
Functions:-
Conducts state administrative and civil service exams.
Provides legal advice on personnel matters with the state government.
Recruitment through merit to the state posts.
Organisation:-
It is headed by a Chairman and members, appointed by the Governor of the state.
Autonomy:-
Organisational function would be free from political influence while appointment for the state.
National Commission for Scheduled Castes (NCSC)
Objective:-
Protect the interests of Scheduled Castes and administer schemes for their well-being.
Provision under Constitution:-
Article 338 has provided for constituting the NCSC.
Functions:-
To investigate grievances regarding discrimination and violation against Scheduled Castes
To make recommendations on planning and policy regarding SC welfare.
To examine the measures taken towards safeguards and recommend improvement.
Composition:-
It will be headed by Chairperson, Vice-Chairperson, and members.
Importance:-
The atrocities against SCs are stopped and one comes up with actions which enhance the socio-economic status of the SCs.
National Commission for Scheduled Tribes (NCST)
Objective:-
Protects the rights of STs and ensures that welfare schemes enacted for STs are implemented in a proper manner.
Constitutional Provision:-
Article 338A has bestowed the NCST.
Functions:-
Checking up the welfare of STs and protecting them from exploitation.
Making recommendations on STs and policy.
Enquiry and report on matters of the Backward Classes.
Composition:-
Have a Chairperson, Vice-Chairman and members, who are appointed by the President
Function:-
Very important for the safeguarding and advancement of the Scheduled Tribes across India
National Commission for Backward Classes (NCBC)
Objective:-
It is to protect the interest of the Backward Classes and ensure their representation and welfare too.
Constitutional Provision: Article 338B provides for its creation.
Functions:-
Reviewing problems related to the welfare of Backward Classes.
Making recommendations to the government in matters related to BC welfare.
Strategy for enhancing the socio-educational status of Backward Classes.
Composition:-
It has a Chairperson, Vice-Chairperson, and members.
Social Incorporation and Social Equality among backward groups are resultant of it.
Special Officer for Linguistic Minorities
Objective:-
To promote the rights of linguistic minorities and advises accordingly.
Constitutional Provision:-
Article 350B deals with this post.
Functions:-
He identifies and reports on issues relating to the linguistic minority.
He advises the council on policies relating to linguistic pluralism and the protection of linguistic diversity.
He helps the council with the effort to preserve India’s linguistic heritage.
Role- A facilitator of cultural diversities and linguistic inclusiveness.
Other Constitutional Bodies
Special Mentions:-
Advocate General – The Advocate General shall have the right to take precedence over all other legal officers of the state (Article 165)
The Joint Public Service Commission- It will conduct joint recruitment with more than one State.
Inter-State Council This helps the States and the Union Government work better together.
Importance and Challenges
Key Role:-
Constitutional bodies promote more justice, inclusiveness and governance enormously.
Challenges:-
Autonomy with no risk of political influence.
Underfunding or resources for some commissions
To fulfill the needs emerging from the postmodern needs from modern needs, taking into consideration the changes socially and in technological advancement.
Conclusion:-
Constitutional bodies are strong pillars for the democratic governance in India. It is aimed at preserving justice and protection of rights to the minorities and ensuring transparent governance. An understanding and cooperation by the citizens with these institutions as well as policymakers for upholding the values that are embodied in the Indian Constitution becomes extremely important.
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