Constitutional Bodies
Election Commission of India (Article 324)
Composition:
- Chief Election Commissioner + Election Commissioners (currently 2 = total 3-member body)
- Appointed by President
- CEC removable only by parliamentary address (like SC judge) — security of tenure
- Election Commissioners removable on recommendation of CEC
Functions:
- Superintendence, direction, and control of elections to: Parliament, State Legislatures, President, Vice President
- Preparation and revision of electoral rolls
- Schedule elections, enforce Model Code of Conduct (MCC)
- Recognise political parties and allot election symbols
- Settle disputes regarding party membership
Key Elections Powers:
- Can postpone elections in extraordinary circumstances
- Can cancel election if serious irregularity found
- Cannot be questioned in court during election process (Article 329)
State Election Commission: Separate body for local body (Panchayat/Municipality) elections — added by 73rd/74th Amendments.
Current CEC: Rajiv Kumar (as of 2024–25 period).
Comptroller and Auditor General (CAG) — Article 148
Appointment: By President. Removal: Same as Supreme Court judge.
Functions:
- Audits all government expenditure — Union, States, Union Territories
- Types of audit: Compliance audit (rules followed?), Financial audit (accounts correct?), Performance audit (value for money?)
- Reports submitted to President (Union) or Governor (State) → placed before Parliament/State Legislature
- Examined by Public Accounts Committee (PAC) — chaired by Leader of Opposition in Lok Sabha
Tamil Nadu significance: CAG reports have flagged irregularities in Tamil Nadu government schemes — often in the news for TNPSC.
Union Public Service Commission (UPSC) — Article 315
Composition: Chairman + up to 10 members. Appointed by President. Term: 6 years or 65 years of age (whichever earlier). Removal: By President on grounds of misbehaviour, proved by Supreme Court inquiry.
Functions:
- Conducts examinations for Central Government posts (IAS, IPS, IFS, etc.)
- Advises on promotions, transfers, disciplinary matters
- Consulted on framing recruitment rules
State Public Service Commission (SPSC): Similar body at state level — Tamil Nadu Public Service Commission (TNPSC). TNPSC chairman appointed by Governor.
Finance Commission — Article 280
Nature: Constitutional body. Constituted: Every 5 years by President.
Mandate: Recommend to President — 1. Vertical devolution: Share of central taxes to go to all states 2. Horizontal devolution: How to divide states' share among individual states (based on population, area, tax effort, forest cover, demographic performance) 3. Grants-in-aid: To states needing special assistance
15th Finance Commission (2020–25):
- Devolved 41% of central tax revenue to states
- Introduced performance incentives (reduced population weight, added demographic performance indicator)
- Special grants for disaster management, health, defence
Distinction from Planning Commission/NITI Aayog: Finance Commission recommends fiscal transfers (constitutional); NITI Aayog provides policy think-tank advice (non-constitutional).
Attorney General of India — Article 76
- Appointed by President. Law officer of Government of India.
- Right of audience in all courts in India.
- Not a full-time government servant — can do private practice (but not against Government of India).
- Advises Government of India on legal matters.
Solicitor General and Additional Solicitor General: Statutory law officers (not constitutional) who assist the Attorney General.
Other Important Constitutional Authorities
| Body | Article | Function |
|---|---|---|
| National Commission for SCs | 338 | Safeguard interests of Scheduled Castes |
| National Commission for STs | 338A | Safeguard interests of Scheduled Tribes |
| Special Officer for Linguistic Minorities | 350B | Protect linguistic minority rights |
| Comptroller and Auditor General | 148 | Supreme audit institution |
| Finance Commission | 280 | Fiscal federalism |
Panchayati Raj (73rd and 74th Amendments, 1992)
History of Panchayati Raj in India
Balwant Rai Mehta Committee (1957): Recommended three-tier Panchayati Raj structure. Rajasthan first state to implement (1959).
Ashok Mehta Committee (1977): Recommended two-tier structure — not widely implemented.
L.M. Singhvi Committee (1986): Recommended constitutional status to Panchayats.
73rd Amendment (1992): Gave constitutional status. Added Part IX (Articles 243 to 243-O) and 11th Schedule.
74th Amendment (1992): Urban local bodies. Added Part IX-A (Articles 243P to 243ZG) and 12th Schedule.
73rd Amendment — Rural Local Bodies
Three-tier structure:
| Level | Body | Population served |
|---|---|---|
| Village | Gram Panchayat | Village(s) |
| Intermediate | Panchayat Samiti / Block Panchayat | Block (taluk) |
| District | Zila Parishad | District |
(States with population < 20 lakh need not have intermediate tier)
Key provisions:
- Gram Sabha: All voters in a village — the foundation of Panchayati Raj. Considers village development plans, approves accounts, identifies beneficiaries.
- Reservation: 1/3 seats reserved for women (states like Rajasthan, Tamil Nadu have 50%). Reservation for SC/ST in proportion to their population.
- State Finance Commission: States must constitute a SFC every 5 years (Article 243-I) — recommends sharing of state taxes with panchayats.
- State Election Commission: Separate body (Article 243K) for local body elections.
- 5-year term with elections mandatory before expiry.
- 11th Schedule: 29 subjects listed — agriculture, minor irrigation, rural housing, education, health, social welfare, etc.
Tamil Nadu Panchayati Raj:
- Tamil Nadu Panchayats Act, 1994 (post-73rd Amendment)
- 50% reservation for women
- Village Panchayat → Panchayat Union (Block) → District Panchayat
- Gram Sabha called Grama Sabhai in Tamil Nadu
74th Amendment — Urban Local Bodies
Three types of urban bodies:
| Body | Type of urban area |
|---|---|
| Nagar Panchayat | Transitional area (moving from rural to urban) |
| Municipal Council (Town Panchayat in TN) | Smaller urban area |
| Municipal Corporation | Larger urban area (city) |
Key provisions:
- Ward committees in municipalities with population > 3 lakh
- 1/3 seats reserved for women
- 12th Schedule: 18 subjects — urban planning, regulation of land use, public health, slum improvement, solid waste management, etc.
- State Finance Commission also covers urban bodies
- Tamil Nadu: Greater Chennai Corporation (GCC) is the largest municipal corporation in Tamil Nadu
PESA Act (1996)
Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 extends Panchayati Raj to tribal (Fifth Schedule) areas with modifications:
- Gram Sabha has enhanced powers in tribal areas — prior consent required for land acquisition
- Self-governance for tribal communities
- Applicable in: AP, Chhattisgarh, Gujarat, HP, Jharkhand, Maharashtra, MP, Odisha, Rajasthan, Telangana (10 states)
- Tamil Nadu has no Fifth Schedule tribal areas — PESA does not apply
Board Exam Tips
- CAG (Article 148) = supreme auditor. Removed same way as Supreme Court judge.
- Election Commission (Article 324) = CEC + 2 Election Commissioners.
- UPSC (Article 315) = civil service exams. Chairman has 6-year or 65-year term.
- Finance Commission (Article 280) = every 5 years. 15th FC gave 41% devolution to states.
- 73rd Amendment (1992) → Part IX → 11 Schedule → 29 subjects → Rural.
- 74th Amendment (1992) → Part IXA → 12 Schedule → 18 subjects → Urban.
- Gram Sabha = all voters of village — foundation of Panchayati Raj.
- Tamil Nadu: 50% reservation for women in local bodies.
- PESA 1996 = Panchayati Raj for tribal Fifth Schedule areas.