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CONSTITUTIONAL BODIES

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Election commission

NAME
STATUTORY/
CONSTITUTIONAL

CONSTITUTIONAL

ARTICLE/LAW

A324

COMPOSITION

1 Chief Election Commissioner + N Election Commissioner

N-Prescribed by PRESIDENT
Now,N=2(from 16Oct1989~61A-1988); + Regional E.Commissioners

QUALIFICATION

No Qualifications Specified

APPOINTED BY

C.E.C+E.C~ Appointed by President

Regional E.C~ Appointed by president on the advice of C.E.C

TERM/AGE

6 years/65

RE APPOINMENT

Constitution has not debarred for further appointment in government

REMOVAL

Not~pleasure of president(though he appoints him)

Removed by President On the basis of a resolution(Special Majority)
passed by both the house(As judge of S.C).
Regional E.C+other E.C ~on the recommendation of C.E.C

DUTIES/FUNCTIONS/POWER

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.

Electoral constituencies delimation(delimation commission act)

Electoral role-prepare,update
Notify election dates
Receive,Scrutinize nomination papers
Recognition of political parties,allot election symbols
As civil court-In dispute settlement
Code of conduct-determined
Create public awareness
Advice~President-On disqualification of M.P~Governor-On
disqualification of M.L.A
Cancel polls-booth capturing,violence,irregularities
Request President/Governor~staffs necessary for conducting
elections
Supervise-free and fair elections
Presidents rule~advice president on election
Status of national/state parties~ on basis of poll performance

POWER: C.E.C+E.C~equal powers;majority wins(2-1)

REPORT

N.A

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FINANCE COMMISSION

NAME
STATUTORY/
CONSTITUTIONAL

CONSTITUTIONAL

ARTICLE/LAW

A280

COMPOSITION

1 Chairman +4 Members

QUALIFICATION

Constitution authorizes Parliament to determine Qualifications

Chairman-Having experience in Public Affairs
Members
1. A judge of High court(or one qualified)
2. Spl. Knowledge in finance and accounts of government
3. Wide experience in finance and admin.
4. Spl. Knowledge of economics

APPOINTED BY

By President of India

TERM/AGE

Constituted every 5 years (from1952~Now 13th Finance commission

C-Dr.Vijay Kelkar)~or at such earlier time as President considers
Necessary.

RE APPOINMENT

Eligible for Reappointment

REMOVAL

N.A

DUTIES/FUNCTIONS/POWER

Make recommendations to the President of India

Distribution of net proceeds of taxes b/w center and state.
Grant-in-aid (REVENUE+CAPITAL REQUIREMENTS)to states
from CFI(A275)
State F.C ~to panchayats and municipalities(from C.F.S)
Any other matter referred by President
Recommendations are ADVISORY not BINDING
Now recommendations~ determining revenue gap of each state and
providing for filling up the gap(by dist of tax+grant in aid)
PLANNING
functions

REPORT

COMMISSION-Duplication

of

work,overlapping

F.C ~(Report)~>President~(Report+Memorandum-action
recommendations)~>Parliment

taken

of

for

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Union public service commission

NAME
STATUTORY/
CONSTITUTIONAL

CONSTITUTIONAL

ARTICLE/LAW

A315-323 (PART XIV)

COMPOSITION

1 CHAIRMAN + N Members;N-determined by President of India

Usually strength ~ 9-11

QUALIFICATION

Not specified in Constitution

Except, ~held office under gov. of India for atleast 10 years

APPOINTED BY

President of India

TERM/AGE

6 Years/65

RE APPOINMENT

Not eligible for second term

Chairman of UPSC~ no further employment in gov service
Member of UPSC~ Chairman of UPSC/SPSC

REMOVAL

President of India can remove Chairman /Member in following circumstances

# Adjudged an insolvent(gone bankrupt), engages paid employment outside the office,in
opinion of President unfit(mind or body) to continue in the office
# In addition, President can also remove for proved MISBEHAVIOUR(Interest in any
contract or agreement,benefit from the contract)~> President refers S.C for Enquiry.
1.If supreme court upholds the cause- President must(binding) remove the C/M.
2.During the course of enquiry President can SUSPEND the C/M

DUTIES/FUNCTION
S/POWER

1.Conduct exams for Appointments of All India Services,Public services

Serves/Assist states (on request of Governor with permission of P )in recruitment.
2.Government Consults UPSC in matters related to personnel management(methods of
recruitment,principles in app,transfers,promotions,deputation;All disciplinary matters;Claim
for
reimbursement/award/pension;grant
of
extension
of
service
or
re-appointment ;temporary appointment (<1 year);any other matter~~S.C held that
aggrieved public servant has no remedy in a court if gov fails to consult UPSC.
3.Additional functions conferred by parliment

LIMITATIONS

1.UPSC not Consulted In making reservations for backward classes;s.c/s.t appointments

2.In selection of commissions,tribunals,diplomatic posts,bulk of group C,D services
3.President can exclude posts/services/matters(mentioned above) from purview of
UPSC-but regulations must be laid b4 each house for 14 days-Parl. can amend/repeal.
4.Department of personnel and training(1/3 of Ministry of personnel,Public Grievances and
pensions)~ deals with classification of services,pay,service conditionscadre
management ,training.( UPSC oly recruiting agency not personnel mgmt..)
5.recommendations made by UPSC are advisory not binding
6.Emergence of CVC(1964)~ affected the role of UPSC in disciplinary matters.

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REPORT

UPSC~(Report)~>President~(Report+Memorandumaction
taken/not
taken
for
recommendations)~>Parliament;All matters of no-actions must be approved by
APPOINMENTS COMMITTEE OF CABINET;No individual Ministry/Departments has
power to reject advice of UPSC

National Commission For S.C

NAME
STATUTORY/
CONSTITUTIONAL

CONSTITUTIONAL

ARTICLE/LAW

A338 ;
#b4 1978 single spl. Officer(Commissioner) for S.C/S.T
#1978-resolution N-statutory multi member body(both exists)
#1987 resolution modified functions of multi member body and renamed it
as N.C.S.C.S.T
#65A,1990 multi member commission National Commission for S.C/ S.T
#89A,2003-bifurcated S.C/S.T~2004 separate N.C.S.C
A338-A ~N.C.S.T

COMPOSITION

1 Chairperson+1 Vice-chairperson+3 Members

QUALIFICATION

N.A

APPOINTED BY

President of India

TERM/AGE

Determined By President of India

RE APPOINMENT

N.A

REMOVAL

N.A(President`s wish)

DUTIES/FUNCTIONS/POWER

Investigate/monitor/EVALUATE-matters relating to constitutional/legal

safeguards of S.C
Inquire into complaints(Acts as civil court---summoning; enforcing
attendance; require discovery/production of documents; receive evidence;
request public records from any courts; summon examination of witness and
documents; other prescribed by president) deprivation of rights
Participate/advice~ Union/State government planning process of
socio-economic-political development
Recommendations~ 4r effective implementations of safe guard
Discharge
other
functions
(protection,
welfare,
development/advancement of S.C)- that President may specify
# U.gov/S.gov~ consult N.C.S.C on framing policies affecting S.C`s
# N.C.S.C~ also required to discharge similar functions with regard to
O.B.C/ANGLO INDIAN(submit report to President)

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REPORT

N.C.S.C ~(Annual Report)~>President~(Report+Memorandum-action

taken for recommendations)~>Parliament.
N.C.S.C~(Report@ any time)~ President.
N.C.S.C~(Report)~>President~>Governor~(Report+Memorandum-action
taken for recommendations)~>State Legislature.

National Commission For S.T

NAME
STATUTORY/
CONSTITUTIONAL

CONSTITUTIONAL

ARTICLE/LAW

A338-A ;
#(A338)b4 1978 single spl. Officer(Commissioner) for S.C/S.T
#1978-resolution N-statutory multi member body(both exists)
#1987 resolution modified functions of multi member body and renamed it
as N.C.S.C.S.T
#65A,1990 multi member commission National Commission for S.C/ S.T
#1999-Ministry of Tribal Affairs
#89A,2003-bifurcated S.C/S.T~2004 separate N.C.S.C
A338-A ~N.C.S.T

COMPOSITION

1 Chairperson+1 Vice-chairperson+3 Members

QUALIFICATION

N.A

APPOINTED BY

President of India

TERM/AGE

Determined By President of India

RE APPOINMENT

N.A

REMOVAL

N.A(President`s wish)

DUTIES/FUNCTIONS/POWER

Investigate/monitor/EVALUATE-matters relating to constitutional/legal

safeguards of S.T
Inquire into complaints(Acts as civil court---summoning; enforcing
attendance; require discovery/production of documents; receive evidence;
request public records from any courts; summon examination of witness and
documents; other prescribed by president) deprivation of rights
Participate/advice~ Union/State government planning process of
socio-economic-political development
Recommendations~ 4r effective implementations of safe guard
Discharge
other
functions
(protection,
welfare,
development/advancement of S.T)- that President may specify
# U.gov/S.gov~ consult N.C.S.C on framing policies affecting S.T`s
# N.C.S.T~ ONLY FOR S.T

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REPORT

NAME

N.C.S.T ~(Annual Report)~>President~(Report+Memorandum-action

taken for recommendations)~>Parliament.
N.C.S.T~(Report@ any time)~ President.
N.C.S.T~(Report)~>President~>Governor~(Report+Memorandum-action
taken for recommendations)~>State Legislature.

PLANNING COMMISSION

STATUTORY/
CONSTITUTIONAL

EXTRA-CONSTITUTIONAL~ Not (stat./Const.)

#1950-Created by Executive Order(Cabinet)
#On the recommendation of Advisory Planning Committee-1946
(K C Neogi).

ARTICLE/LAW

CABINET RESOLUTION

COMPOSITION

1.CHAIRMAN:Prime Minister Of India(presides meetings)

2.DEPUTY CHAIRMAN(Appointed by CENTRAL CABINET):executive
head of P.C,responsible formulation/submission of draft plan to
cabinet,enjoys rank of cabinet minister,not member of cabinet-but invited
to attend all meetings-no voting rights.
3.Finance Minister+Planning Minister(ex-officio members);
4.some central ministers(part-time members);
5.4-7 full time members(experts)
6.member-secretary(IAS)
#No representation of state government

DUTIES/FUNCTIONS/POWER

1.assesment of material/human resource.

2.formulate plans-effective-balanced utilization of resources
3.determine priorities-define stages of plan
4.indiace factors that retard economic development
5.determine nature of machinery-successful implementation of plan
6.performance appraisal-execution of plan-recommend adjustment
7.recommendations-on matters referred to it by C/S gov.
A282:DISCRETIONARY GRANTS:On the advice of Planning
Commission~to help state fulfill targets,influence state and effectuate
National plan,it is the largest part of grant C->S(hence P.C gained
significance);not necessary to give;spl purpose.

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INTERNAL ORGANISATIONS

1.TECHNICAL
DIVISION:
major
functional
Unit------plan
formulation/monitoring/evaluation.
General Division:concerned with aspects of General economics
Subject Division:Specified field of Development
2.HOUSEKEEPING
DIVISION:Branches:General
administration
Branch;Establishment branch;Vigilence branch;Accounts branch;Personal
training branch.
3.PROGRAMME ADVISOR:created in 1952;act as link between P.C and
the states in Indian Union in the field of planning.

CRITICAL EVALUATION

Super Cabinet;Economic Cabinet;Parallel Cabinet;Fifth Wheel of the

coach over-lapping functions with Finance commission

REPORT

Draft 5 Year Plan submitted to

NAME

Central Cabinet ~>NDC~>Parliment

National development council

STATUTORY/
CONSTITUTIONAL

EXTRA-CONSTITUTIONAL~ Not (stat./Const.)

#1952-Created by Executive Order(Cabinet)
#On the recommendation of 1st Five year Plan(draft outline)

ARTICLE/LAW

CABINET RESOLUTION

COMPOSITION

1.CHAIRMAN:Prime Minister of India

2.All Union Cabinet Ministers(from 1967)
3.Chief ministers/administrators- states/Union territories
4.Members of Planning Commission
5.Secretary of P.C is Secretary of N.D.C

OBJECTIVE

1.To secure cooperation of states in execution of Plans.

2.To strengthen/mobilise the efforts/resources of the nation in support of
the plan.
3.promote economic policies in all vital spheres
4.To ensure-rapid/balanced development in all parts of country

DUTIES/FUNCTIONS/POWER

1.To prescribe guidelines for preparation of the National plan.

2.To consider the national plan as prepared by the planning commission
3.assesment of resources-req to implement plan-measures to augment them
4.consider imp question-social/economical-affecting development
5.review working of national plan-time to time
6.recommend measures-achieve aims/targets.
7.central-state relation`~bridge/link
8.Administrative/other assistance provided by the planning commission

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REPORT

NAME

Draft 5 Year Plan submitted to

Central Cabinet ~>NDC~>Parliment

NATIONAL HUMAN RIGHTS COMMISSION

STATUTORY/
CONSTITUTIONAL

STATUTORY

ARTICLE/LAW

Protection of Human Rights Act,1993(amended in 2006)

COMPOSITION

CHAIRMAN+4 MEMBERS+4 EX-OFFICIO MEMBERS(national commissions

for S.C;S.T;Minorities;Women)

QUALIFICATION

Chairman: retired Chief Justice of India

Members:
1.serving/retired judge of s.C
2.serving/retired C.J of High court
3 and 4:persons having knowledge/practical experience ~ human rights

APPOINTED BY

Appointed by President of India

On the recommendations of(6 member committee)
Prime Minister;Speaker of the lok shabha;Deputy chairman of rajya sabha;leaders of
opposition(L.S&R.S);Central Home Minister
Further sitting(judge of S.c (or) C.J of High court) on consultation ~C.J.India

TERM/AGE

5 years /70(whichever is earlier)

RE APPOINMENT

Not eligible~ further employment under state/central gov.

REMOVAL

President can remove

1)adjudged insolvent 2)paid employment outside 3)unfit~mind/body 4)unsound
mind 5) convicted/sentenced-imprisonmet(any offence)
+In addition, President can also remove for proved MISBEHAVIOUR(Interest in
any contract or agreement,benefit from the contract)~> President refers S.C for
Enquiry.If supreme court upholds the cause- President must(binding) remove c/m.

DUTIES/FUNCTIONS/POWER

1.inquiry(either suo motto petition)~human r8s violation/negligence of prevention

of human r8s by public servant.
2.intervene in proceedings of H.R violation(b4 any court)
3.visit jails/detention places-make recommendations of living conditions
4.review const./legal safeguards recommend measures 4r effective implementation
5.review factors~act of terrorism-recommend remedial measures
6.study treaties/international instruments~recommend for effective implementation
7.undertake/promote research in H.R
8.create awareness~H.R/encourage efforts of NGO
9.other functions~promotion of H.R
10.Power of civil court~proceedings(judicial char.)

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11.can call info./report from U/S gov.
WORKING

1.Commission ~own investigation staff

2.empowered ~use any investigation agency
3.Not empowered to inquire H.R violation after 1 year
4.Recommend U/S gov. ~payment of compensation;to initiate proceeding for
prosecution;grant immediate interim relief;
5.Approach S.C/H.C~ directions;orders;writs
6.Recommendations are ADVISORY (not bounding)~no power to punish~no award
of compensation~But should be informed about the action taken within 1 month
7.Limitation~ less power ~armed forces(report from c.govmake
recommendationsC.gov ~action taken with in 3 months.

REPORT

Commission(Annual
report)~>Central/state
government~>
Report+Memorandum-action taken for recommendations laid b4 legislature.

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CENTRAL VIGILANCE COMMISSION

NAME
STATUTORY/
CONSTITUTIONAL

1964-ESTABLISHED;
STATUTORY~from 2003

ARTICLE/LAW

Based
on
Santhanam
corruption(1962-64)

COMPOSITION

Central Vigilance Commissioner + not more than 2 Vigilance

Commissioner

Committee

reporton

prevention

of

QUALIFICATION
APPOINTED BY

President of India ~ recommendation of 3 member committee(Prime

minister+Home minister+leader of opposition in L.S)

TERM/AGE

4 years/65

RE APPOINMENT

Not eligible for re-appoinment in C/S gov.

REMOVAL

President of India can remove Chairman /Member in following

circumstances
# Adjudged an insolvent(gone bankrupt), engages paid employment
outside the office,in opinion of President unfit(mind or body) to continue
in the office;FINANCIAL INTEREST
# In addition, President can also remove for proved
MISBEHAVIOUR(Interest in any contract or agreement,benefit from
the contract)~> President refers S.C for Enquiry.
If supreme court upholds the cause- President must(binding) remove C/M.

DUTIES/FUNCTIONS/POWER

1.Inquire/investigation~On offences committed under Prevention of

corruption Act(1988)~refernce made by C.gov
2.A.I.S;Group A;B officers,specified level of c.gov authorities
3.Superintendence of Delhi Special Police Establishment(part of CBI)~Get
C.gov permission 4r rank above joint secretary
4.cVC gives direction to DSPE~review the progress in investigations
5.review the progress of application pending~prosecution(corruption)
6.tender advice~C.gov matter referred by them
7.Exercise superintendence vigilance admin. In ministries
JURISDICTION~ AIS,Group A,B;~>scale 5 in PSU;managers,sdmanager
in insurance companies,Grade D NABARD etc
8.powers of civil court~call for info/report frm c.gov
9.C.gov must take CVC advice/recommend.~if not EXPLAIN IN
WRITTEN(REASON).

REPORT

C.V.C ~(Annual Report)~>President~ ~>Parliment

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CENTRAL INFORMATION COMMISSION

NAME
STATUTORY/
CONSTITUTIONAL

STATUTORY-2005

ARTICLE/LAW

RIGHT TO INFORMATION ACT,2005

COMPOSITION

Chief Info. Commissioner + <= 10 Info. Commissioners

QUALIFICATION

1.Eminience in public life-wide knowledge/experience in law,science and

technology. ,journalism,mass media,admin and governance.
2.Not M.P/M.L.a/hold Office of Profit?connected with political party/carrying
any business/profession.

APPOINTED BY

President of India ~recommendation of Committee ~ Prime Minister;Leader of

Opposition(L.S);Union Cabinet Minister(nominated by P.M)

TERM/AGE

5 years/65

RE APPOINMENT

Not eligible for reappoinment

REMOVAL

President of India can remove Chairman /Member in following circumstances

# Adjudged an insolvent(gone bankrupt), engages paid employment outside the
office,in opinion of President unfit(mind or body) to continue in the
office;FINANCIAL INTEREST
# In addition, President can also remove for proved MISBEHAVIOUR(Interest
in any contract or agreement,benefit from the contract)~> President refers
S.C for Enquiry.
If supreme court upholds the cause- President must(binding) remove C/M.

DUTIES/FUNCTIONS/POWER

1.receive complaint/inquire ~from any person ~deprived right to info.

2.suo-motto~reasonable inquiry~issues in obtaining info.
3.while inquiry~ has power of civilcourt~summon/enforce/presence of a
person/receicve evidence,documents/public record frm court.examination of
witness,discovery/inspection of doc/any other matter prescribed.
4.All public records must be given to commission during enquiry ~examine.
5.CIC secure compliance from public authority~provide access to info(in any
form);directing authority to appoint PIO;publishing/categories of info.;making
changes to mgmt.. maintenance and destruction of records;training for officials
RTI;seeking annual report from authority;require authority to compensate for any
loss suffered by applicant;imposing penalities ;rejecting the application.
6.When public authority~doesnt conform to the provisions
act~commission may recommend(to authority)~steps to be taken.

REPORT

of

this

Commission(Annualreport)~>Centralgovernment~>Report+Memorandum-action
taken for recommendations laid b4 both house of Parliment

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STATE INFORMATION COMMISSION

NAME
STATUTORY/
CONSTITUTIONAL

STATUTORY-2005

ARTICLE/LAW

RIGHT TO INFORMATION ACT,2005

COMPOSITION

Chief Info. Commissioner + 1 Info. Commissioners

QUALIFICATION

1.Eminience in public life-wide knowledge/experience in law,science and

technology. ,journalism,mass media,admin and governance.
2.Not M.P/M.L.a/hold Office of Profit?connected with political party/carrying
any business/profession.

APPOINTED BY

Governor of state ~recommendation of Committee ~ Chief Minister;Leader of

Opposition(L.A);state Cabinet Minister(nominated by C .M)

TERM/AGE

5 years/65

RE APPOINMENT

Not eligible for reappoinment

REMOVAL

Governor can remove Chairman /Member in following circumstances

# Adjudged an insolvent(gone bankrupt), engages paid employment outside the
office,in opinion of Governor unfit(mind or body) to continue in the
office;FINANCIAL INTEREST
# In addition, Governor can also remove for proved MISBEHAVIOUR(Interest
in any contract or agreement,benefit from the contract)~> Governor refers
S.C for Enquiry.
If supreme court upholds the cause- Governor must(binding) remove C/M.

DUTIES/FUNCTIONS/POWER

1.receive complaint/inquire ~from any person ~deprived right to info.

2.suo-motto~reasonable inquiry~issues in obtaining info.
3.while inquiry~ has power of civilcourt~summon/enforce/presence of a
person/receicve evidence,documents/public record frm court.examination of
witness,discovery/inspection of doc/any other matter prescribed.
4.All public records must be given to commission during enquiry ~examine.
5.CIC secure compliance from public authority~provide access to info(in any
form);directing authority to appoint PIO;publishing/categories of info.;making
changes to mgmt.. maintenance and destruction of records;training for officials
RTI;seeking annual report from authority;require authority to compensate for any
loss suffered by applicant;imposing penalities ;rejecting the application.
6.When public authority~doesnt conform to the provisions
act~commission may recommend(to authority)~steps to be taken.

REPORT

of

this

Commission(Annualreport)~>State government~>Report+Memorandum-action
taken for recommendations laid b4 both house of Assembly.

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NAME

STATE HUMAN RIGHTS COMMISSION

STATUTORY/
CONSTITUTIONAL

STATUTORY(Oly in subjects mentioned in state,concurrent list of SEVENTH

SCHEDULE)

ARTICLE/LAW

Protection of Human Rights Act,1993(amended in 2006)

COMPOSITION

CHAIRMAN+2 MEMBERS

QUALIFICATION

Chairman: retired Chief Justice of H.C

Members(any one of the condition)
1.serving/retired judge of H.C
2.serving/retired district judge~minimum 7 years experience
3.person having knowledge or experience human rights

APPOINTED BY

Appointed by Governor
On the recommendations of committee
Chief Minister;Speaker of the L.A;leaders of opposition(L.A&L.C);state Home Minister
Further sitting(judge of H.c (or) Sitting district judge) on consultation ~C.J.H.C

TERM/AGE

5 years /70(whichever is earlier)

RE APPOINMENT

Not eligible~ further employment under state/central gov.

REMOVAL

President(not by governor) can remove

1)adjudged insolvent 2)paid employment outside 3)unfit~mind/body 4)unsound
mind 5) convicted/sentenced-imprisonmet(any offence)
+In addition, President can also remove for proved MISBEHAVIOUR(Interest in
any contract or agreement,benefit from the contract)~> President refers S.C for
Enquiry.If supreme court upholds the cause- President must(binding) remove c/m.

DUTIES/FUNCTIONS/POWER

Same as that of NHRC(but at state level)

WORKING

Same as that of N.H.R.C(@ state level)

No say in H.R violation by Armed forces.Oly. N.H.R.C can investigate

REPORT

Commission(Annual report)~>state government~> Report+Memorandum-action

taken for recommendations laid b4 legislature.

HUMAN RIGHTS COURT

@ district level~by Protection of Human rights Act(1993).(for Human rights

violation issues)
For speedy trial-set up by state government concurrence of C.J.H.C
For every H.R.C~state gov appoints a public prosecutor/advocate-7 yrs experience

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STATE public service commission

NAME
STATUTORY/
CONSTITUTIONAL

CONSTITUTIONAL

ARTICLE/LAW

A315-323 (PART XIV)

COMPOSITION

1 CHAIRMAN + N Members;N-determined by governor

Usually strength ~ 9-11

QUALIFICATION

Not specified in Constitution

Except, ~held office under gov. of state for atleast 10 years

APPOINTED BY

Governor

TERM/AGE

6 Years/62

RE APPOINMENT

Not eligible for second term(same post)

Chairman of SPSC~ As Chairman/Member of UPSC
Member of SPSC~ As Chairman/Member of UPSC;Chairman of SPSC

REMOVAL

President(not by governor) of India can remove Chairman /Member in following

circumstances
# Adjudged an insolvent(gone bankrupt), engages paid employment outside the office,in
opinion of President unfit(mind or body) to continue in the office
# In addition, President can also remove for proved MISBEHAVIOUR(Interest in any
contract or agreement,benefit from the contract)~> President refers S.C for Enquiry.
1.If supreme court upholds the cause- President must(binding) remove the C/M.
2.During the course of enquiry President can SUSPEND the C/M

DUTIES/FUNCTION
S/POWER

1.Conduct exams for Appointments of Services of state ;principles~making appoinment

2.Government Consults SPSC in matters related to personnel management(methods of
recruitment,principles in app,transfers,promotions,deputation;All disciplinary matters;Claim
for
reimbursement/award/pension;grant
of
extension
of
service
or
re-appointment ;temporary appointment (<1 year);any other matter~~S.C held that
aggrieved public servant has no remedy in a court if gov fails to consult SPSC.
SPSC ~is consulted bu governor~appoinment of judicial service~other than district
judge~S.high court is consulted.

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LIMITATIONS

1.SPSC not Consulted In making reservations for backward classes;s.c/s.t appointments

2.Governor can exclude posts/services/matters(mentioned above) from purview of SPSC-but
regulations must be laid b4 each house for 14 days-S.L. can amend/repeal.
4.Department of personnel (Central personal agency for state)~ deals with classification of
services,pay,service conditionscadre management ,training.( SPSC oly recruiting agency
not personnel mgmt..)
5.recommendations made by SPSC are advisory not binding
6.Emergence of SVC(1964)~ affected the role of SPSC in disciplinary matters.

REPORT

SPSC~(Report)~>Governor~(Report+Memorandumaction
recommendations)~>Both the houses of State legislature.

taken/not

taken

for

JOINT public service commission

NAME
STATUTOR
Y/
CONSTITU
TIONAL

STATUTORY (IF CREATED~ON THE REQUEST OF S.L`s)

ARTICLE/L
AW

Parliamentary law

COMPOSITI
ON

1 CHAIRMAN + N Members;N-determined by President of India

QUALIFICA
TION

~held office under gov. of India for atleast 10 years

APPOINTE
D BY

President of India

TERM/AGE

6 Years/62

RE
APPOINME
NT

Not eligible for second term

Chairman of JPSC~ As Chairman/Member of UPSC
Member of JPSC~ As Chairman/Member of UPSC;Chairman of JPSC

REMOVAL

President of India(Not Governors of states) can remove Chairman /Member in following

circumstances
# Adjudged an insolvent(gone bankrupt), engages paid employment outside the office,in opinion of
President unfit(mind or body) to continue in the office
# In addition, President can also remove for proved MISBEHAVIOUR(Interest in any contract or
agreement,benefit from the contract)~> President refers S.C for Enquiry.
1.If supreme court upholds the cause- President must(binding) remove the C/M.
2.During the course of enquiry President can SUSPEND the C/M

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The Academy for Civil Services
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DUTIES/FU
NCTIONS/P
OWER

1.Conduct exams for Appointments of Services of stateS ;principles~making appoinment

2.Governments Consults JPSC in matters related to personnel management(methods of
recruitment,principles in app,transfers,promotions,deputation;All disciplinary matters;Claim for
reimbursement/award/pension;grant of extension of service or re-appointment ;temporary appointment
(<1 year);any other matter~~S.C held that aggrieved public servant has no remedy in a court if
gov fails to consult SPSC.
JPSC ~is consulted by governors~appoinment of judicial service~other than district judge~S.high
court is consulted.

LIMITATIO
NS

1.JPSC not Consulted In making reservations for backward classes;s.c/s.t appointments

3.Governors can exclude posts/services/matters(mentioned above) from purview of JPSC-but
regulations must be laid b4 each house for 14 days-S.L can amend/repeal.
4.Department of personnel deals with classification of services,pay,service conditionscadre
management ,training.( JPSC oly recruiting agency not personnel mgmt..)
5.recommendations made by JPSC are advisory not binding
6.Emergence of CVC(1964)~ affected the role of JPSC in disciplinary matters.

REPORT

JPSC~(Report)~>Governors~(Report+Memorandumecommendaions)~>S.L`

action

taken/not

NAME

COMPTROLLER AND AUDITOR GENERAL OF INDIA

STATUTORY/
CONSTITUTIONAL

CONSTITUTIONAL

ARTICLE/LAW

A148

APPOINTED
B4

BY/OATH

taken

for

PRESIDENT OF INDIA

SIGNIFICANCE

Head of Accounts and Audit department; Guardian of the public purse-controls entire
financial sys. @both levels

TERM/AGE

6 years/65

RE APPOINMENT

Constitution has debarred for further appointment in government

REMOVAL

Not~pleasure of president(though he appoints him)

Removed by President On the basis of a resolution(Special Majority) passed by both
the house.~proved misbehaviour/incapacity

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DUTIES/FUNCTIONS/POW
ER

#A149~duties and power of CAG

1.Parliment enacted CAG`s act,1971~duties,powers,conditions of service
2.Act was amended in 1976~seperated accounts from audit
3.CAG ~audits the acc. expenditure from CFI/CFS/Contingency FI /S
4.Audits ~trading;manufac;pandl acc;other acc. Kept by Central/state gov
5.Audits
receipt/expenditure~center/state~check
proper
assessment/
collection/allocation of funds~gov(bodies/authorities~u/s);gov companies
6When req by president/governor~audits local bodies;debt acc;sinking acc;stock accounts
etc.
#A150~Advises the President ~prescription of form in which acc shal be kept by U/S
#A151~On report submission(read below)+STATE ALSO
#A279~Certifies Net Proceeds(final);N.P = Tax collected-cost of collection
#Acts as guide/friend /philosopher of Public Accounts Committee~Parliament
#1976~departmentalisation of Accounts-relieved from responsibilities-Only audit
#no minister can represent CAG in Parliament~No minister can be called upon to take any
responsibilities for any section done by him.
#CAG~ legal audit(legal;regulatory)+Propriety audit(wisdom ;saithfulness)~comment of
Wastefulness/extravagance of expenditures
#Secret service expenditure~no auditing role by CAG
#In India ~CAG doesnt do Comptroller(no permission needed to draw money)~differs from
Britain~here oly postmortem done.

REPORT

CAG submits 3 Audit reports to the President (Governor in state)of India

1.On appropriation accounts 2. On finance accounts 3.On PSUPresident ~> Both the
houses (S.L)of Parliament~>Public acc Committee~>findings in house

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NAME

Attorney and solicitor general of india

STATUTORY/
CONSTITUTIONAL

CONSTITUTIONAL

ARTICLE/LAW

A76(only AG)

APPOINTED BY/OATH B4

AG is appointed by PRESIDENT OF INDIA

QUALIFICATIONS

Qualified to be appointed as Judge of S.C~ i.e Citizen of India+Judge of H.C for

5 yrs or Advocate of H.C for 10 years or an eminent jurist(opinion of President)

TERM/AGE/REMOVAL

Not fixed~no provision for removal~Holds the office during PLEASURE OF

PRESIDENT(can be removed at any time)~Conventionally-resigns/replaced-new
gov.

DUTIES/FUNCTIONS/POWER

Chief Law officer in the Country

#To give advice~C.Gov.~in legal matters-referred by President
#duties of legal char.~referred by President
#discharge duties~In Constitution/law made in future.
#President-assigned following dties(1950)
1.Appear on behalf of gov. in all cases in S.C in which GoI is concerned.
2.A143~Represent GoI in any reference made by president to S.C.
3.To appear(when required by GoI)~ in any H.C~cases in which Gov. Of India
is concerned.

RIGHTS

1.Right of Audience in all the court/tribunal in territory of India.

2.Right to take part /speak in any part of the proceedings of Parliament or joint
sitting/Any committee of the parliament(named member)~but
Without VOTING RIGHT.
3.He enjoys all the previlages/immunities ~M.P

LIMITATIONS

1.Should not advice/hold a brief against Govt. of India

2.Should not advice/hold brief ~cases in which he is called to appear for GoI.
3.He should not defend accused(criminal) person~without permission from GoI
4.Should not accept appointment as director of any company/corporation
without permission. GoI
5.He is not full time counsel for Gov./not fall under category of Gov. servant~
Not debarred from private legal practise

SOLICITOR GENERAL OF
INDIA+ADDITIONAL S.G

Assist AG~official responsibilities;Not created by constitution;

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Advocate general of state

NAME
STATUTORY/
CONSTITUTIONAL

CONSTITUTIONAL

ARTICLE/LAW

A165

APPOINTED BY/OATH B4

AG is appointed by Governor

QUALIFICATIONS

Qualified to be appointed as Judge of H.C~ i.e Citizen of India+Held judicial

office for 10 yrs or Advocate of H.C for 10 years

TERM/AGE/REMOVAL

Not fixed~no provision for removal~Holds the office during PLEASURE OF

Governor(can be removed at any time)~Conventionally-resigns/replaced-new
gov.

DUTIES/FUNCTIONS/POWER

Chief Law officer in the state

#To give advice~S.Gov.~in legal matters-referred by Governor
#duties of legal char.~referred by Governor
#discharge duties~In Constitution/law made in future.

RIGHTS

1.Right of Audience in all the court/tribunal in territory of State.

2.Right to take part /speak in any part of the proceedings of S.L or joint
sitting/Any committee of the S.L(named member)~but Without
VOTING RIGHT.
3.He enjoys all the previlages/immunities ~M.L.A

LIMITATIONS

1.Should not advice/hold a brief against Govt. of State

2.Should not advice/hold brief ~cases in which he is called to appear for GoS.
3.He should not defend accused(criminal) person~without permission from GoS
4.Should not accept appointment as director of any company/corporation
without permission. GoS
5.He is not full time counsel for Gov./not fall under category of Gov. servant~
Not debarred from private legal practise

MAHAMATYA
The Academy for Civil Services
www.mahamatya.com
Whatsapp: 9944558363