Constitutional Bodies

The National Commission for Scheduled Tribes (STs) is a constitutional body established directly by Article 338-A of the Constitution. Originally, a combined National Commission for SCs and STs existed under Article 338, created by the 65th Constitutional Amendment Act of 1990 with the objective of monitoring all safeguards provided for SCs and STs under the Constitution or other laws. However, recognizing that STs are geographically and culturally different from SCs with distinct problems, the 89th Constitutional Amendment Act of 2003 bifurcated the combined Commission. The separate National Commission for STs came into existence in 2004. This separation was deemed administratively necessary to ensure effective protection of ST interests, particularly as a separate Ministry of Tribal Affairs was created in 1999 to provide focused attention to tribal welfare and development. The Commission consists of a chairperson, a vice-chairperson, and three other members appointed by the President by warrant under his hand and seal. Their conditions of service and tenure of office are determined by the President.

The Comptroller and Auditor General of India (CAG) is established by **Article 148** of the Constitution. He is the head of the Indian Audit and Accounts Department and is described by Dr. B.R. Ambedkar as "the most important Officer under the Constitution of India." The CAG is one of the four bulwarks of the democratic system — alongside the Supreme Court, Election Commission, and UPSC. His fundamental duty is to uphold the Constitution and laws of Parliament in the field of **financial administration** — guarding the public purse. **Appointment:** By the President by a warrant under his hand and seal. The CAG takes an oath to bear true faith to the Constitution, uphold sovereignty and integrity, and faithfully perform duties without fear or favour. **Tenure:** Six years or until age 65, whichever is earlier. Can resign by writing to the President. Can be removed only by the President on the basis of a resolution by both Houses of Parliament with **special majority** (same procedure as a Supreme Court judge) — on grounds of proved misbehaviour or incapacity. **Independence safeguards:** - Security of tenure (removal only via special majority parliamentary resolution) - **Not eligible for further office** under the Government of India or any state after ceasing to hold office (stronger than UPSC Chairman in this respect) - Salary equal to a judge of the Supreme Court (₹2.50 lakh/month as of 2018); determined by Parliament - Service conditions cannot be altered to his disadvantage after appointment - Administrative expenses (including salaries of staff) charged on the Consolidated Fund of India — not subject to Parliamentary vote - No Minister can represent the CAG in Parliament or be called upon to take responsibility for any action done by the CAG **Duties and Powers (Articles 149–151 + CAG's Act 1971, amended 1976):** 1. Audits all expenditure from: Consolidated Fund of India, consolidated funds of each state, consolidated funds of each UT with a legislature 2. Audits expenditure from Contingency Fund of India and Public Account of India (and state equivalents) 3. Audits trading/manufacturing/profit-loss accounts and balance sheets of Central and state government departments 4. Audits receipts and expenditure of Centre and states to verify effectiveness of revenue assessment and collection 5. Audits bodies/authorities substantially financed from Central/state revenues; government companies; other corporations as required by law 6. Audits transactions related to debt, sinking funds, deposits, advances, suspense accounts, remittance business 7. Audits accounts of other authorities when requested by President or Governor (e.g., local bodies) 8. Advises the President on the form in which accounts of Centre and states shall be kept (Article 150) 9. Submits audit reports on Central accounts to the President → laid before Parliament (Article 151) 10. Submits audit reports on state accounts to the Governor → laid before state legislature (Article 151) 11. Certifies net proceeds of any tax or duty (Article 279) — **certificate is final** 12. Acts as guide, friend and philosopher of the **Public Accounts Committee** of Parliament 13. Compiles and maintains accounts of state governments (since 1976, relieved of Central government accounts — departmentalisation of accounts) **Three audit reports submitted to the President:** 1. Audit report on appropriation accounts (compares actual expenditure with Parliament-sanctioned expenditure) 2. Audit report on finance accounts (shows annual receipts and disbursements) 3. Audit report on public undertakings **Types of audit:** - **Legal and regulatory audit** (obligatory): Whether money was legally disbursed and conforms to governing authority - **Propriety audit** (discretionary): Wisdom, faithfulness and economy of expenditure — can comment on wastefulness **Limitations:** - Secret service expenditure: CAG cannot call for particulars; must accept a certificate from competent administrative authority - CAG has no power over corporations audited exclusively by private auditors (LIC, RBI, SBI, FCI) **CAG in practice vs. theory:** The Constitution envisages the CAG as both **Comptroller** and Auditor General. In practice, the CAG only functions as **Auditor General** — departments draw money without CAG's prior approval. (Unlike in Britain, where the CAG has genuine comptroller powers — no money can be drawn without CAG approval.) **Appleby's Criticism (Paul H. Appleby):** In two reports on Indian administration (1953 and 1956), Appleby criticised the CAG as a colonial inheritance, a cause of "paralysing unwillingness to decide and act," and recommended abolition of the office.

The Attorney General (AG) of India is the **highest law officer** in the country. He is established by **Article 76** of the Constitution (Part V, Chapter 1 — The Executive) — the only article dealing with this office. **Appointment:** By the President. Must be qualified to be appointed as a judge of the Supreme Court — i.e., citizen of India AND one of: judge of a High Court for five years; advocate of a High Court for ten years; eminent jurist in the opinion of the President. **Term:** NOT fixed by the Constitution. He holds office **during the pleasure of the President** — can be removed at any time. Conventionally, he resigns when the government (Council of Ministers) changes, as he is appointed on its advice. **Remuneration:** Not fixed by the Constitution. Determined by the President. **Duties and Functions:** 1. Give advice to the Government of India on legal matters referred by the President 2. Perform other duties of a legal character assigned by the President 3. Discharge functions conferred by the Constitution or other laws 4. Appear on behalf of the Government of India in all Supreme Court cases in which the Government is concerned 5. Represent Government of India in Presidential references to the Supreme Court under Article 143 6. Appear in any High Court when required by the Government of India **Rights:** - Right of audience in all courts in the territory of India - Right to speak and take part in proceedings of both Houses of Parliament, joint sittings, and any parliamentary committee of which he is a member — but **without right to vote** - Enjoys all privileges and immunities of a Member of Parliament **Limitations (to avoid conflict of duty):** - Should not advise or hold brief against the Government of India - Should not advise or hold brief in cases where he advises or appears for the Government - Should not defend accused persons in criminal cases without Government of India's permission - Should not accept appointment as director in any company without Government permission - Should not advise any ministry/department/statutory organization/PSU unless the reference comes through the Ministry of Law and Justice, Department of Legal Affairs **Important distinctions:** - NOT a full-time counsel for the Government - Does NOT fall in the category of government servants - NOT debarred from private legal practice - NOT a member of the Central cabinet (there is a separate Law Minister) **Other law officers:** Solicitor General of India and Additional Solicitor General of India assist the AG. These offices are NOT created by the Constitution (Article 76 mentions only the AG).

Removal and suspension of members of a State Public Service Commission (SPSC) is a constitutional safeguard mechanism that distinguishes the appointing authority from the removing authority. Although the Governor of a state appoints the chairman and members of the SPSC, the Constitution vests removal powers exclusively in the President of India, not the Governor. This separation ensures independence and prevents arbitrary dismissal by state governments. Removal can occur on specific grounds: insolvency, engagement in paid employment outside official duties, or unfitness due to infirmity of mind or body. Additionally, removal for misbehaviour is permitted, but only after a formal enquiry by the Supreme Court. During such an enquiry, the Governor may suspend the member pending the President's final removal order. Misbehaviour is constitutionally defined to include involvement in government contracts or participation in contract profits in ways other than as a member of an incorporated company. This framework reflects the constitutional design to protect PSC members from political interference while maintaining accountability for serious misconduct.

The UPSC operates within defined functional and jurisdictional boundaries established by the Constitution and executive authority. While the UPSC is the central recruiting agency for all-India services and Central services (Groups A and B), its advisory role and scope are deliberately restricted. The Constitution explicitly excludes certain matters from UPSC's purview, and the President possesses authority to further exclude posts, services, and matters from UPSC consultation through regulations. The UPSC's recommendations are advisory in nature and not binding on the government. Additionally, the Supreme Court has held that irregularities in consultation with the UPSC or acting without consultation do not invalidate government decisions, making the consultation provision directory rather than mandatory. The emergence of other bodies like the Central Vigilance Commission has further circumscribed UPSC's traditional role in disciplinary matters.

The duties and powers of the Comptroller and Auditor General (CAG) are prescribed by Parliament under Article 149 of the Constitution. The CAG's (Duties, Powers and Conditions of Service) Act, 1971 (amended in 1976) forms the legal basis for these functions. The CAG's primary role is to audit accounts across all levels of government—Union, states, and union territories with a Legislative Assembly—to ensure financial accountability and uphold the Constitution in the field of financial administration. The CAG conducts both legal/regulatory audits and discretionary propriety audits, examining whether expenditure is legally available, applicable to its stated purpose, and conforms to governing authority. The CAG acts as an agent of Parliament and is responsible only to Parliament for audit oversight. However, the CAG's auditing authority is subject to limitations, including restrictions on secret service expenditure audits and a reduced scope with respect to receipts, stores, and stock compared to expenditure audits.

The Goods and Services Tax (GST) Council's decisions are based on a specific voting mechanism to ensure collaboration between the Centre and the states. Decisions are made at meetings where a quorum of one-half of the total members is required. For any decision to pass, it must be supported by a majority of not less than three-fourths of the weighted votes of the members present and voting. The voting weightage is distributed such that the Central Government's vote accounts for one-third of the total votes, while the combined votes of all state governments hold a two-thirds weightage. This mechanism aims to facilitate a harmonised structure for GST by balancing the interests of both the Centre and the states.

The State Public Service Commission (SPSC) is a constitutional body established at the state level, parallel to the Union Public Service Commission (UPSC) at the centre. Both are governed by the same Articles 315–323 in Part XIV of the Constitution. The SPSC is visualized as the **"watchdog of merit system"** in the state and operates with constitutional safeguards to ensure independence and impartiality in civil service recruitment and disciplinary matters. **Constitutional Safeguards for Independence:** The Constitution provides six key safeguards to ensure SPSC independence: 1. **Security of Tenure:** The chairman and members can be removed only by the President—not by the Governor—and only on constitutional grounds (insolvency, paid employment outside duties, or infirmity of mind/body) or after Supreme Court inquiry for misbehaviour. This protects them from arbitrary removal by state government. 2. **Unvarying Service Conditions:** Although the Governor determines conditions of service, these cannot be varied to the disadvantage of a member after appointment. 3. **Consolidated Fund Charge:** All expenses—salaries, allowances, pensions—are charged on the Consolidated Fund of the State and are NOT subject to vote by the state legislature. This financial independence ensures the SPSC operates without budgetary pressure from the legislature. 4. **Restricted Post-Retirement Employment:** - Chairman (after office ends): eligible only for appointment as Chairman or Member of UPSC, or Chairman of another SPSC—no other government employment permitted - Member (after office ends): eligible for appointment as Chairman or Member of UPSC, or as Chairman of any SPSC—no other government employment permitted 5. **No Reappointment:** Members are not eligible for reappointment to the same office after completing their first term. 6. **Tenure Limit:** Members hold office for six years or until age 62, whichever is earlier (lower than UPSC's age limit of 65 years). **Appointment and Removal Mechanism:** Though appointed by the Governor, SPSC members are removed by the President on specific grounds without reference to the Governor. For misbehaviour, the President must refer the case to the Supreme Court, and the SC's advice is binding. During Supreme Court inquiry, the Governor may suspend the member pending the President's final removal order. **Limitations on Consultative Role:** The SPSC is not consulted on: - Reservations in favour of backward classes - Claims of SCs/STs in appointments - Posts and services excluded by Governor through regulations **Advisory Nature of Recommendations:** SPSC recommendations are advisory, not binding. The state government may reject SPSC advice but must be answerable to the state legislature. The courts have held that irregularity in consultation or failure to consult does not invalidate government decisions, and SPSC selection does not confer any right to the post. **Constitutional Edge Over Vigilance Commissions:** The emergence of State Vigilance Commission (SVC) in 1964 affected SPSC's disciplinary role since both are now consulted on disciplinary matters. However, being a constitutional body, SPSC has precedence over SVC (which lacks constitutional status) when their advice conflicts. **Joint State Public Service Commission (JSPSC):** The Constitution provides for the establishment of a Joint State Public Service Commission (JSPSC) for two or more states. Unlike the UPSC and SPSC which are created directly by the Constitution, a JSPSC is created by an Act of Parliament on the request of the state legislatures concerned, making it a statutory body rather than a constitutional body. Punjab and Haryana shared a JSPSC briefly after Haryana's creation from Punjab in 1966. The chairman and members of a JSPSC are appointed by the President, hold office for six years or until age 62 (whichever earlier), and can be suspended or removed by the President. The President also determines the number of members and their conditions of service. A JSPSC presents annual performance reports to each concerned state governor, who places the report before the state legislature.

The Union Public Service Commission (UPSC) is a constitutional body responsible for central recruitment in India. Its composition is outlined in Articles 315 to 323 in Part XIV of the Constitution. The UPSC consists of a chairman and other members, all appointed by the President of India. The Constitution does not specify a fixed strength for the Commission, leaving this to the President's discretion; typically, it comprises nine to eleven members, including the chairman. While no specific qualifications are prescribed for membership, it is mandated that at least half of the members must have held office for a minimum of ten years under either the Government of India or a state government. The President also has the authority to determine the conditions of service for the chairman and other members. Members serve for a term of six years or until they reach the age of 65, whichever comes earlier. They can resign by addressing their resignation to the President, or be removed by the President under specific circumstances outlined in the Constitution, including insolvency, engaging in outside paid employment, or mental/physical infirmity. An acting chairman can be appointed by the President if the office of chairman is vacant or if the chairman is unable to perform duties.

The chairman and members of the Union Public Service Commission (UPSC) can be removed from their office by the President of India before their term expires. The Constitution outlines specific circumstances for such removal to ensure the independence and impartial functioning of the UPSC. These circumstances include being declared insolvent, engaging in outside paid employment, or being deemed unfit to continue due to mental or physical infirmity. Additionally, the President can remove members for 'misbehaviour'. In cases of misbehaviour, the President must refer the matter to the Supreme Court for an inquiry. If the Supreme Court, after its inquiry, upholds the grounds for removal and advises it, the President can then remove the a member. The Supreme Court's advice on this matter is binding on the President. During the inquiry, the President has the authority to suspend the chairman or the member of the UPSC. The Constitution defines 'misbehaviour' to include situations where a member is concerned or interested in any government contract or agreement, or benefits from such a contract through means other than as a company member in common with others.

The **Report of the Commission** refers to the formal reporting mechanism through which constitutional commissions — particularly bodies like the National Commission for Scheduled Tribes (NCST) — communicate their findings, recommendations, and observations to the executive and legislative branches of government. This mechanism is central to the accountability and effectiveness of quasi-judicial bodies established under the Constitution. For constitutional commissions like the NCST, the report serves as the primary instrument through which the commission discharges its constitutional duty to investigate matters, monitor safeguards, and advise the government on policy matters affecting protected groups. The report is not merely an administrative formality; it is the constitutional vehicle through which recommendations move from the commission to decision-making authorities — both at the Union level and at the state level — where they are considered for implementation. The submission and placement of reports before Parliament (and state legislatures, where applicable) ensures transparency and democratic accountability. The accompanying memorandum explaining action taken on recommendations — or reasons for their non-acceptance — creates a record of governmental responsiveness and serves as a check on arbitrary rejection of expert advice. This dual mechanism of report submission and memorandum explanation reflects the constitutional framework's attempt to balance the advisory nature of commission recommendations with the quasi-judicial standing and expertise that these bodies command.

The Advocate General of the state is the **highest law officer** in the state and corresponds to the Attorney General of India at the Centre. He is established by **Article 165** of the Constitution (Part VI, Chapter 2 — The Executive) — the only article dealing with this office. **Appointment:** By the Governor. Must be qualified to be appointed as a judge of a High Court — citizen of India AND one of: held a judicial office for ten years; advocate of a High Court for ten years. (Unlike the Supreme Court, there is no provision for an eminent jurist to be appointed a High Court judge — or Advocate General.) **Term:** NOT fixed by the Constitution. Holds office **during the pleasure of the Governor** — can be removed at any time. Conventionally resigns when the state government changes. **Remuneration:** Not fixed by the Constitution. Determined by the Governor. **Duties and Functions:** 1. Give advice to the government of the state on legal matters referred by the Governor 2. Perform other duties of a legal character assigned by the Governor 3. Discharge functions conferred by the Constitution or other laws In the performance of official duties, the Advocate General is entitled to appear before any court of law within the state. He has the right to speak and take part in proceedings of both Houses of the state legislature and any committee of which he is a member — **without right to vote**. He enjoys all privileges and immunities of a member of the state legislature.

The Advocate General is the highest law officer in a state, corresponding to the Attorney General of India. As chief law officer of the state government, the Advocate General discharges three primary categories of duties as established under the Constitution (Article 165). First, the Advocate General provides legal advice to the state government on matters referred to him by the Governor. Second, he performs other legal duties assigned to him by the Governor. Third, he executes functions conferred on him by the Constitution or any other law. In performing these official duties, the Advocate General has the right to appear before any court of law within the state. He also possesses the right to speak and participate in proceedings of both Houses of the state legislature or any committee of the state legislature to which he may be appointed, though without voting rights. He enjoys all privileges and immunities available to members of the state legislature.

The role of the CAG in auditing public corporations and government companies is limited and falls into distinct categories based on the nature and statutory requirements of each entity. Unlike the CAG's comprehensive audit authority over government expenditure from the Consolidated Fund, the audit of corporations is shared between direct CAG audit, private professional auditors, and exclusively private audit arrangements. This tiered approach reflects the autonomous or semi-autonomous status of many public corporations. The CAG's audit powers over corporations are prescribed by law and vary significantly depending on the corporation's constitutional or statutory framework. In 1968, an Audit Board was established within the office of the CAG to handle technical audit aspects of specialised enterprises, demonstrating the need for specialized expertise in corporate auditing beyond traditional financial audit methods.