The Constitution of India is a remarkable document. It occupies an important place not only among the newly emerged States but also in the constitutional history of the world. The Constitution of India deals, in an elaborate manner with the problem of relations between Union and the States, probleins relating to public services, special classes like Anglo-Indians, scheduled castes and scheduled tribes. The Constitution embodies an elaborate list of Fundamental Rights and also the Directive Principles of the State Policy. The Preamble of the Constitution declares India to be a sovereign socialist secular democratic republic. A study of its features reveals that it is a unique document in size, form and content. In this Unit, we shall study the important features of our Constitution, role of council of ministers, constitutional authorities, constitutional commissions and the powers of the central government. This will give you a clear idea of how our constitutional set up is working at the central level.
The Constitution provides for the creation of the following Authorities and Commissions:
1.The Comptroller and Auditor General of India (Articles 148- 15 1).
2.The Election Commission (Article 324).
3.The Union Public Service Commission (Article 3 15-323).
4.The Attorney-General for India (Article 76).
5.The Special Officer for Linguistic Minorities (Article 350 B).
6.The Finance Commission (Article 280-28 1).
7.The Official Language Commission (Article 344).
8.The Committee of Parliament to Examine the Report of the Language
9.Commission [Article 344(4)].
10.The State Public Service Commission (Articles 3 15-323).
11.The Advocate-General for the State (Article 165).
12.Administrative Tribunals (Article 323 A).
13.National Commission for Schedule Castes (Article 338).
14.National Commission for Scheduled Tribes (Article,338 A).
With the enactment of the Constitution in 1950, the Auditor Genera1,of India was redesignated as Comptroller and Auditor General of India (CAG). The CAG is appointed by the President by warrant under his hand and seal. He can be removed from the Office in the like manner and on the like grounds as a Judge of the Supreme Court.
The CAG is not given re-employment under the State after his retirement. This ensures his independent functioning. His salaries and pension are not subjected to vote of Parliament; these are charged upon the Consolidated Fund of India. The Constitution does not define the terms and conditions of his service and ,his duties and powers. It is the Parliament that defines them.
The CAG performs such duties and exercise such powers in relation to the audit of accounts of the Union and of the States and of any authority or body as may be prescribed by or under any law made by Parliament. The report of the CAG of India relating to the Union ts submitted to the President who causes it to be laid before each house df ~drliament. The report relating to State is submitted to the Government lays it before the State legislature. Earlier CAG was engaged both in maintainance of accounts as well as audit. Since 1976, the CAG has shed his responsibilities in regard to the compilation and maintenance of accounts. Now he audits all expendihkres fiom the revenues of the Central Government and State governments in and outside India and sees whether the disbursed money shown in the accounts was regally available and whether expenditure conforms to the authority that governs it. So the CAG scrutinises the financial affairs of the executive and submits his tepott to the parliament to which alone he is resporlsible,
He audits all tnznsactiofis of the Central and State governments relating to Contingency Pund ilnd Public account^. lie audits all trading, manufacturing profit and loss accounts and balance sheets in any department of the Centre or the State and in each case reports on the expediture, transactions or accounts audited by him. He audits the receipts and expenditure of organisations substantially financed from central or State revenues.
The Attomey-General of India is appointed by the President and holds Office during the latter's pleasure. His emoluments and conditions of service are determined by the President. His function is to advise the Central Government upon legal matters as may be referred to him and to carry out duties of a legal character as assigned to him.
The Office of the Attorney-General is one of the offices placed on a special footing by the constitution. He is the first Law Officer of the Government of India. His duties are: C
i) to give advice on such legal matters and to perform such other duties of a legal character as may, from time to time, be refeired-or assigned to him by the President
ii) to discharge the functions conferred on him by the Constitution or any law for the time being in force (Article 166).
Though the Atteney-General of India is not a member of the Cabinet, he has a right to speak in the Houses of Parliament or in any Committee thereof, but he has no right to vote.
The Special Offlcer for Linguistic Minorities is appointed by the President to inteatigate matters relating to the safeguatds provided for linguistic minorities under the Constitution and reports to the President upon those matters. His report is laid before Parliament. The Constitution did not originally provide for this functionary; this came into being when article 350 B was inserted in the Constitution in 1956 (at the time of reorganisation of States).
Finance Commission
Articles 270, 273, 275 and 280 provide for the constitution of a Finance Commission to recommend to the President measures relating to the distribution of financial resources between the Union and the States. The distribution between the union and the states of the net proceeds of taxes which are to be or may be, divided between them, and the allocation between the States of respective shares of such proceeds. It also determines the principles, which should govern the grants-in-aid of the revenues of the States, out of the Consolidated Fund of India and any other
matter referred to the Commission by President in the interests of sound finance.
The Twelth Finance Commission is expected to be constituted in the current year.
The constitution of the Finance Commission is laid down in Article 280. The Commission is constituted by the President every five years. It consists of a Chairman and four members to be appointed by the President. The Chairman must be a person having experience in public affairs, and the other four members must be appointed from amongst the following:
a) High Court judge or one qualified to be appointed as such,
b) Person having special knowledge of the finances and accounts of the government,
c) Person having wide experience in financial matted and administration, and
d) Person having special knowledge of economics.
Similarly in every state there is a State Finance Commission created by the 73d and 741h Constitution Amendment to review the financial position of the local government and make certain recommendations to the Governor. It has been discussed in the Block dealing with local Government.
Election Commission
For conducting free and fair elections, an impartial and independent agency for conducting elections is needed. For this purpose, Constitution has set up the Election Commission. The Election Commission has to supervise the entire procedure and machinery for election.
The Election Commission consists of a Chief Election Commissioner and the Constitution provides for other commissioners in the Commission as President may fix from time to time. To begin with the Election Commission consisted of the Chief Election Commissioner were appointed by the President. The Chief Election Commissiondr is also appointed by the President. After.the ninth Lok Sabha Elections the Election Commission again became a single-member
Commission. Election Commission has again been converted into a multi- member body with the appointment of two Election Commissioners in 1993. This is now a present amgement. The Chief Election Commissioner and the Election Commissioners have equal say in the decision-making of the body. In order to ensure the independence of the Chief Election Commissioner, two provisions have been made:
i) the conditions of his service shall not be varied to his disadvantage after his appointment and
ii) he cannot be removed from his office without an impeachment process.
The main function of Chief Election Commissioner is to direct, control and conduct all electoral operations, including preparation of electoral rolls and conduct of all elections to Parliament and State legislature as also of the election of the President and Vice President. The Election Commission has not only administrative but also some quasi-judicial fimctions. It has the power to settle the election disputes.
Similarly in every state there is a State Election Commission created by the 73rd and 74th Constitution Amendment for the conduct of all elections to the Panchayats and Municipal bodies. The State Election Commissioner is appointed by the Governor. It will be discussed in the Block dealing with the Local Government.
Official Language Commission
The official language of the Union of India according to our Constitution is Hindi in Devnagari script. The Constitution authorises the President at the expiration of every ten years since the commencement of the Constitution, to constitute a Commission which shall consist of a Chainnan and other members. The Official Language Commission makes recommendations to the President as to the:
a) Progressive use of Hindi language for the official purposes of the Union;
b) restriction in the use of the English language for all or any of the official purposes of the Union;
c) Form of numerals to be used for any one or more specified purposes of the Union;
d) Matter (Any other) referred to the Commission by the President as regards the official language of the Union and the language for communication between the Union and a State or between one State and another and their use. Thus, the Oficial Language Cominission tries to establish linguistic harmony within the Union and between the States.
Union Public Service Commission
In India a limited role has been assigned to the .Union Public Service Commission (UPSC) in personnel administration. The UPSC is a recruiting agency to the All India services, and the Central Civil Services - Class I and Class II - the responsibility for staffing lower services and posts rests with the departments concerned. The Constitution endows the UPSC with advisory
functions. UPSC is required to submit an annual report of its functioning in which it draws particular attention to the non-acceptance, if any, of its advice by the government, and which is discussed in Parliament. The UPSC is consulted by the Central Government on:
a) Matters relating to methods of recruitment to civil services and civil posts;
b) Principles to be followed in making appointments to civil services and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers;
c) Disciplinary matters affecting a person serving under the Government of India or the Government of State in a civil capacity, including memorials or petitions relating to such matters;
d) Any claim by or in respect of a person who is serving or has sewed under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, that any costs incurred by him in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty
should be paid out of the Consolidated Fund of India, or, as the case may be, out of the Consolidated Fund of the State; and
e) Any claim for the award of a pension in respect of injuries sustained by a person while serving under the government.
The Constitution does not prescribe the number of members of the Commission. It only says that at least half of the members must be government employees with at least ten years governmental experience, that the members would hold Ofice until the age of sixty five years or for a term of six years whichever comes first, and finally that the Chairman is debarred from accepting any employment under the government of a State while other members are eligible for appointment to only one position, i.e., Chaipnanship of either UPSC or a State Public Service Commission.
National Commission for Scheduled Castes
The 89th Constitution Amendment Act 2003, provided for the constitution of National Commission for Scheduled Castes. The Commission shall consist of a Chairperson, Vice-Chairperson and three other Members. The President determines the condition of service, the tenure of the office of the Chairperson, Vice-Chairperson and other Members from time to time. The President will appoint them by warrant and under his hand and seal. The duty of the
Commission are as follows:
1) The Commission shall have the power to regulate its own procedute.
2) It shall be the duty of the Commission -
a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under this Constitution or under any other law for the time being in force or under any order of the Govemment and to evaluate the working of such safeguards;
b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes;
c) to participate and advise on the planning process of socio-economic development of the Scheduled Castes and to evaluate the progress of their development under the Union and any State;
d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes; and
f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes as the President may, subject to the provisions of any law made by Parliament, by the rule specify.
3) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.
4) Where any such report, of any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Statt
and the reasofis for the non-acceptance, if any of any of such recommendations.
5) The Commission shall while investigathg any matter referred to in such- clause (a) or inquiring into any complaint referred to in sub-clause (b) if clause (Z), have all the powers of a civil court trying a suit and in particular in respect of the follower matters, namely:-
a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;
b) requiring the discovery and production of any document;
c) receiving evidence on affidavits;
d) requisitioning any public or copy thereof from any court or ofice;
e) issuing comrhissions for the examination of witnesses and documents;
f) any other matter which the President may, by rule, determine.
6) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Castes.
National Commission for Scheduled Tribes
The 89th Constitution Amendment Act 2003, provided for the constitution of National Commissiop for Scheduled Tribes. The Commission shall consist of a Chairperson, Vice-Chairperson and three other Members. The President determines the condition of service, the tenure of the office of the Chairperson, Vice-Chairperson 'and other Members from time to time. The President will appoint them by warrant and under his hand and seal. The duty of the
Commission are as follows:
1) The Commission shall have the power to regulate its own procedure.
2) It shall be the duty of the Commission -
- a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;
b) to inquire into specific complaints'with respect to the deprivation of rights and safeguards of the Scheduled Tribes;
c) to participate and adverse on the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State;
d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes; and
f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by the rule specify.
3) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to'the Union and the reasons for the non-acceptance, if any, of any of such recommendations.
4) Where any such report, of any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State
and the reasons for the non-acceptance, if any, of any of such recommendations.
5) The Commission shall while investigating any matter referred to in such- clausc (a) or inquiring into any complaint referred to in sub-clause (b) of clause (2), have all the powers of a civil court trying a suit and in particular in respect of the follower matters, namely:-
a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;
b) requiring the discovery and production of any document;
c) receiving evidence on affidavits;
d) requisitioning any public or copy thereof from any court or office;
e) issuing commissions for the examination of witnesses and documents;
f) any other matter whioh the President may, by rule, de'termine.
6) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.
BASIC FEATURES:
1)Written Constitution
2)Preamble:
"We, the people of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all its citizens: Justice, social, economic and political;
Liberty of thought, expression, belief, faith and worship;
Equality of status and of opportunity, and to promote among them all;
Fraternity assuring the dignity of the individual and the unity and integrity of the Nation;
In our constituent Assembly this twenty-sixth day of November, 1949, do hereby adopt, enact and give to ourselves this constitution."
3)Parliamentary Democracy
4)Federalism
5)Fundamental Rights
6)Directive Principles of State Policy
7)Fundamental Duties
8)Independence of Judiciary
2)Preamble:
"We, the people of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all its citizens: Justice, social, economic and political;
Liberty of thought, expression, belief, faith and worship;
Equality of status and of opportunity, and to promote among them all;
Fraternity assuring the dignity of the individual and the unity and integrity of the Nation;
In our constituent Assembly this twenty-sixth day of November, 1949, do hereby adopt, enact and give to ourselves this constitution."
3)Parliamentary Democracy
4)Federalism
5)Fundamental Rights
6)Directive Principles of State Policy
7)Fundamental Duties
8)Independence of Judiciary
POWERS OF CENTRAL GOVERNMENT
Having discussed the special features of the Indian Constitution which have an impact on the federal balance, we shall now turn to the division of powers between the Centre and the States which forms the core of the doctrine of fecteralism. The distribution of legislative powers between the Centre and the States has been provided for in the Constitution according to three lists of subjects, these are Union, State and concurrent. The union list gives the Centre exclusive authority to act in matters of national importance and includes among its ninety nine items like defence, foreign affairs, currency, communication, banking, income taxation and custom duties.
The State list has sixty one entries like law and order, local government, public health, education and agriculture. There are fifty two entries in the Concurrent list. These include the legal system, trade and industry and economic and social planning. In respect of Concurrent items the laws passed by Central Parliament prevail over those passed by State legislatures.
The residual powers lie with the Union and in conflict between Union and State, the Union law prevails. Thus, the Constitution gives vast powers to the Central Government as compared to the State governments. During emergency, the Parliament can make laws for the whole or any part of the territory of India with respect to any of the matters, enumerated in the State list. The President, if advised by the Governor, or on his own, feels that the government of the State cannot be carried on in accordance 'with the provisions of the Constitution may proclaim a state of emergency and assume all executive functions to himself and declare the powers of State Assembly to be under the authority of the Parliament. Even, the Rajya Sabha by a two third majority can ask the Parliament to make laws on the items in/State list for a temporary period.
The State list has sixty one entries like law and order, local government, public health, education and agriculture. There are fifty two entries in the Concurrent list. These include the legal system, trade and industry and economic and social planning. In respect of Concurrent items the laws passed by Central Parliament prevail over those passed by State legislatures.
The residual powers lie with the Union and in conflict between Union and State, the Union law prevails. Thus, the Constitution gives vast powers to the Central Government as compared to the State governments. During emergency, the Parliament can make laws for the whole or any part of the territory of India with respect to any of the matters, enumerated in the State list. The President, if advised by the Governor, or on his own, feels that the government of the State cannot be carried on in accordance 'with the provisions of the Constitution may proclaim a state of emergency and assume all executive functions to himself and declare the powers of State Assembly to be under the authority of the Parliament. Even, the Rajya Sabha by a two third majority can ask the Parliament to make laws on the items in/State list for a temporary period.
ROLE OF COUNCIL OF MINISTER:
At the head of the Union executive stands the President of India and the States, it is the Governor who is the executive head. Though the executive power of the Union is vested in the president, he in practice is aided and advised by the Council of Ministers headed by the Prime Minister. The Union legislature is called Parliament. It consists of the President and the two Houses. The Lower House is called the House of People or 'Lok Sabha'. Entire responsibility of enactment of laws rests with the Rhe Minister who heads the Council of Ministers. The Constitution provides that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in exercise of his functions, act in accordance with the advice rendered after such reconsideration (Article 74). While the Prime Minister is selected by the President, the other Ministers are appointed by the President on the advice of the Prime Minister (Article 75(1)).
The number of members of the Council of Ministers is now specified in the Constitution. As per the constitution (Ninety-first Amendment) Act, 2003 the total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent of th; total number of members of the House of the People (Lok Sabha). All the Ministers do not belong to the same rank. They are classified under three ranks.
a) Cabinet Ministers
b) Ministers of State
c) Deputy Ministers
Thus, the Council of Ministers is a composite body, consisting of different categories. The rank of the different ministers is determined by the Prime Minister. He also allocates portfolios among them. Ministers may be chosen from members of either house and a minister who is a member of one house has a right to speak and take part in the proceedings of the other House, though he has no right to vote in the House of which he is not a member. Under the Constitution, there is no bar to the appointment of a person from outside the legislature as minister. But he cannot continue as minister for more than six months unless he secures a seat in either house of Parliament. Though theoretically the function of the Council of Ministers is to only aid and advise the President, practically the vast power provided to the President by the Constitution is actually exercised by Council of Ministers with the Prime Minister as their head.
Our Constitution is based on the concept of collective responsibility. The Council of Ministers is collectively responsible to the lower house of the Parliament. The essence of collective responsibility is that once a decision is taken by the government, it is binding on all the ministers. Ministry as a body, is under a constitutional obligation to resign as soon as it loses the majority in the lower House (House of People) of the legislature.
In practice, the Council of Ministers seldom meets as a body. It is the Cabinet, an inner body within the Council, which makes all the government policies.
The number of members of the Council of Ministers is now specified in the Constitution. As per the constitution (Ninety-first Amendment) Act, 2003 the total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent of th; total number of members of the House of the People (Lok Sabha). All the Ministers do not belong to the same rank. They are classified under three ranks.
a) Cabinet Ministers
b) Ministers of State
c) Deputy Ministers
Thus, the Council of Ministers is a composite body, consisting of different categories. The rank of the different ministers is determined by the Prime Minister. He also allocates portfolios among them. Ministers may be chosen from members of either house and a minister who is a member of one house has a right to speak and take part in the proceedings of the other House, though he has no right to vote in the House of which he is not a member. Under the Constitution, there is no bar to the appointment of a person from outside the legislature as minister. But he cannot continue as minister for more than six months unless he secures a seat in either house of Parliament. Though theoretically the function of the Council of Ministers is to only aid and advise the President, practically the vast power provided to the President by the Constitution is actually exercised by Council of Ministers with the Prime Minister as their head.
Our Constitution is based on the concept of collective responsibility. The Council of Ministers is collectively responsible to the lower house of the Parliament. The essence of collective responsibility is that once a decision is taken by the government, it is binding on all the ministers. Ministry as a body, is under a constitutional obligation to resign as soon as it loses the majority in the lower House (House of People) of the legislature.
In practice, the Council of Ministers seldom meets as a body. It is the Cabinet, an inner body within the Council, which makes all the government policies.
CONSTITUTIONAL AUTHORITIES AND COMMISSIONS
The Constitution provides for the creation of the following Authorities and Commissions:
1.The Comptroller and Auditor General of India (Articles 148- 15 1).
2.The Election Commission (Article 324).
3.The Union Public Service Commission (Article 3 15-323).
4.The Attorney-General for India (Article 76).
5.The Special Officer for Linguistic Minorities (Article 350 B).
6.The Finance Commission (Article 280-28 1).
7.The Official Language Commission (Article 344).
8.The Committee of Parliament to Examine the Report of the Language
9.Commission [Article 344(4)].
10.The State Public Service Commission (Articles 3 15-323).
11.The Advocate-General for the State (Article 165).
12.Administrative Tribunals (Article 323 A).
13.National Commission for Schedule Castes (Article 338).
14.National Commission for Scheduled Tribes (Article,338 A).
Comptroller and Auditor-General of India
With the enactment of the Constitution in 1950, the Auditor Genera1,of India was redesignated as Comptroller and Auditor General of India (CAG). The CAG is appointed by the President by warrant under his hand and seal. He can be removed from the Office in the like manner and on the like grounds as a Judge of the Supreme Court.
The CAG is not given re-employment under the State after his retirement. This ensures his independent functioning. His salaries and pension are not subjected to vote of Parliament; these are charged upon the Consolidated Fund of India. The Constitution does not define the terms and conditions of his service and ,his duties and powers. It is the Parliament that defines them.
The CAG performs such duties and exercise such powers in relation to the audit of accounts of the Union and of the States and of any authority or body as may be prescribed by or under any law made by Parliament. The report of the CAG of India relating to the Union ts submitted to the President who causes it to be laid before each house df ~drliament. The report relating to State is submitted to the Government lays it before the State legislature. Earlier CAG was engaged both in maintainance of accounts as well as audit. Since 1976, the CAG has shed his responsibilities in regard to the compilation and maintenance of accounts. Now he audits all expendihkres fiom the revenues of the Central Government and State governments in and outside India and sees whether the disbursed money shown in the accounts was regally available and whether expenditure conforms to the authority that governs it. So the CAG scrutinises the financial affairs of the executive and submits his tepott to the parliament to which alone he is resporlsible,
He audits all tnznsactiofis of the Central and State governments relating to Contingency Pund ilnd Public account^. lie audits all trading, manufacturing profit and loss accounts and balance sheets in any department of the Centre or the State and in each case reports on the expediture, transactions or accounts audited by him. He audits the receipts and expenditure of organisations substantially financed from central or State revenues.
The Attorney-General of India
The Attomey-General of India is appointed by the President and holds Office during the latter's pleasure. His emoluments and conditions of service are determined by the President. His function is to advise the Central Government upon legal matters as may be referred to him and to carry out duties of a legal character as assigned to him.
The Office of the Attorney-General is one of the offices placed on a special footing by the constitution. He is the first Law Officer of the Government of India. His duties are: C
i) to give advice on such legal matters and to perform such other duties of a legal character as may, from time to time, be refeired-or assigned to him by the President
ii) to discharge the functions conferred on him by the Constitution or any law for the time being in force (Article 166).
Though the Atteney-General of India is not a member of the Cabinet, he has a right to speak in the Houses of Parliament or in any Committee thereof, but he has no right to vote.
The Special Officer for Linguistic Minorities
The Special Offlcer for Linguistic Minorities is appointed by the President to inteatigate matters relating to the safeguatds provided for linguistic minorities under the Constitution and reports to the President upon those matters. His report is laid before Parliament. The Constitution did not originally provide for this functionary; this came into being when article 350 B was inserted in the Constitution in 1956 (at the time of reorganisation of States).
CONSTITUTION COMMISSIONS
Finance Commission
Articles 270, 273, 275 and 280 provide for the constitution of a Finance Commission to recommend to the President measures relating to the distribution of financial resources between the Union and the States. The distribution between the union and the states of the net proceeds of taxes which are to be or may be, divided between them, and the allocation between the States of respective shares of such proceeds. It also determines the principles, which should govern the grants-in-aid of the revenues of the States, out of the Consolidated Fund of India and any other
matter referred to the Commission by President in the interests of sound finance.
The Twelth Finance Commission is expected to be constituted in the current year.
The constitution of the Finance Commission is laid down in Article 280. The Commission is constituted by the President every five years. It consists of a Chairman and four members to be appointed by the President. The Chairman must be a person having experience in public affairs, and the other four members must be appointed from amongst the following:
a) High Court judge or one qualified to be appointed as such,
b) Person having special knowledge of the finances and accounts of the government,
c) Person having wide experience in financial matted and administration, and
d) Person having special knowledge of economics.
Similarly in every state there is a State Finance Commission created by the 73d and 741h Constitution Amendment to review the financial position of the local government and make certain recommendations to the Governor. It has been discussed in the Block dealing with local Government.
Election Commission
For conducting free and fair elections, an impartial and independent agency for conducting elections is needed. For this purpose, Constitution has set up the Election Commission. The Election Commission has to supervise the entire procedure and machinery for election.
The Election Commission consists of a Chief Election Commissioner and the Constitution provides for other commissioners in the Commission as President may fix from time to time. To begin with the Election Commission consisted of the Chief Election Commissioner were appointed by the President. The Chief Election Commissiondr is also appointed by the President. After.the ninth Lok Sabha Elections the Election Commission again became a single-member
Commission. Election Commission has again been converted into a multi- member body with the appointment of two Election Commissioners in 1993. This is now a present amgement. The Chief Election Commissioner and the Election Commissioners have equal say in the decision-making of the body. In order to ensure the independence of the Chief Election Commissioner, two provisions have been made:
i) the conditions of his service shall not be varied to his disadvantage after his appointment and
ii) he cannot be removed from his office without an impeachment process.
The main function of Chief Election Commissioner is to direct, control and conduct all electoral operations, including preparation of electoral rolls and conduct of all elections to Parliament and State legislature as also of the election of the President and Vice President. The Election Commission has not only administrative but also some quasi-judicial fimctions. It has the power to settle the election disputes.
Similarly in every state there is a State Election Commission created by the 73rd and 74th Constitution Amendment for the conduct of all elections to the Panchayats and Municipal bodies. The State Election Commissioner is appointed by the Governor. It will be discussed in the Block dealing with the Local Government.
Official Language Commission
The official language of the Union of India according to our Constitution is Hindi in Devnagari script. The Constitution authorises the President at the expiration of every ten years since the commencement of the Constitution, to constitute a Commission which shall consist of a Chainnan and other members. The Official Language Commission makes recommendations to the President as to the:
a) Progressive use of Hindi language for the official purposes of the Union;
b) restriction in the use of the English language for all or any of the official purposes of the Union;
c) Form of numerals to be used for any one or more specified purposes of the Union;
d) Matter (Any other) referred to the Commission by the President as regards the official language of the Union and the language for communication between the Union and a State or between one State and another and their use. Thus, the Oficial Language Cominission tries to establish linguistic harmony within the Union and between the States.
Union Public Service Commission
In India a limited role has been assigned to the .Union Public Service Commission (UPSC) in personnel administration. The UPSC is a recruiting agency to the All India services, and the Central Civil Services - Class I and Class II - the responsibility for staffing lower services and posts rests with the departments concerned. The Constitution endows the UPSC with advisory
functions. UPSC is required to submit an annual report of its functioning in which it draws particular attention to the non-acceptance, if any, of its advice by the government, and which is discussed in Parliament. The UPSC is consulted by the Central Government on:
a) Matters relating to methods of recruitment to civil services and civil posts;
b) Principles to be followed in making appointments to civil services and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers;
c) Disciplinary matters affecting a person serving under the Government of India or the Government of State in a civil capacity, including memorials or petitions relating to such matters;
d) Any claim by or in respect of a person who is serving or has sewed under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, that any costs incurred by him in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty
should be paid out of the Consolidated Fund of India, or, as the case may be, out of the Consolidated Fund of the State; and
e) Any claim for the award of a pension in respect of injuries sustained by a person while serving under the government.
The Constitution does not prescribe the number of members of the Commission. It only says that at least half of the members must be government employees with at least ten years governmental experience, that the members would hold Ofice until the age of sixty five years or for a term of six years whichever comes first, and finally that the Chairman is debarred from accepting any employment under the government of a State while other members are eligible for appointment to only one position, i.e., Chaipnanship of either UPSC or a State Public Service Commission.
National Commission for Scheduled Castes
The 89th Constitution Amendment Act 2003, provided for the constitution of National Commission for Scheduled Castes. The Commission shall consist of a Chairperson, Vice-Chairperson and three other Members. The President determines the condition of service, the tenure of the office of the Chairperson, Vice-Chairperson and other Members from time to time. The President will appoint them by warrant and under his hand and seal. The duty of the
Commission are as follows:
1) The Commission shall have the power to regulate its own procedute.
2) It shall be the duty of the Commission -
a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under this Constitution or under any other law for the time being in force or under any order of the Govemment and to evaluate the working of such safeguards;
b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes;
c) to participate and advise on the planning process of socio-economic development of the Scheduled Castes and to evaluate the progress of their development under the Union and any State;
d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes; and
f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes as the President may, subject to the provisions of any law made by Parliament, by the rule specify.
3) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.
4) Where any such report, of any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Statt
and the reasofis for the non-acceptance, if any of any of such recommendations.
5) The Commission shall while investigathg any matter referred to in such- clause (a) or inquiring into any complaint referred to in sub-clause (b) if clause (Z), have all the powers of a civil court trying a suit and in particular in respect of the follower matters, namely:-
a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;
b) requiring the discovery and production of any document;
c) receiving evidence on affidavits;
d) requisitioning any public or copy thereof from any court or ofice;
e) issuing comrhissions for the examination of witnesses and documents;
f) any other matter which the President may, by rule, determine.
6) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Castes.
National Commission for Scheduled Tribes
The 89th Constitution Amendment Act 2003, provided for the constitution of National Commissiop for Scheduled Tribes. The Commission shall consist of a Chairperson, Vice-Chairperson and three other Members. The President determines the condition of service, the tenure of the office of the Chairperson, Vice-Chairperson 'and other Members from time to time. The President will appoint them by warrant and under his hand and seal. The duty of the
Commission are as follows:
1) The Commission shall have the power to regulate its own procedure.
2) It shall be the duty of the Commission -
- a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;
b) to inquire into specific complaints'with respect to the deprivation of rights and safeguards of the Scheduled Tribes;
c) to participate and adverse on the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State;
d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes; and
f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by the rule specify.
3) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to'the Union and the reasons for the non-acceptance, if any, of any of such recommendations.
4) Where any such report, of any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State
and the reasons for the non-acceptance, if any, of any of such recommendations.
5) The Commission shall while investigating any matter referred to in such- clausc (a) or inquiring into any complaint referred to in sub-clause (b) of clause (2), have all the powers of a civil court trying a suit and in particular in respect of the follower matters, namely:-
a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;
b) requiring the discovery and production of any document;
c) receiving evidence on affidavits;
d) requisitioning any public or copy thereof from any court or office;
e) issuing commissions for the examination of witnesses and documents;
f) any other matter whioh the President may, by rule, de'termine.
6) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.
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