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Quick recap: Constitutional bodies on one page

Constitutional bodies · Quick recap · Fact-checked on · how we check

Written with AI from the sources listed at the bottom of this page, then fact-checked by a separate AI.

Both parts of Constitutional bodies condensed for quick revision: the Election Commission, Public Service Commissions, Finance Commission, CAG, the national commissions for Scheduled Castes, Scheduled Tribes and Backward Classes, the Special Officer for Linguistic Minorities, the Advocate General and the main statutory and executive bodies, with an at-a-glance table and eight mixed questions.

A constitutional body is created by the Constitution itself, so only an amendment can abolish it or cut its powers. Its independence rests on a secure term, a hard removal procedure, service conditions that cannot be worsened after appointment and, for some, expenses charged on the Consolidated Fund. The Election Commission (Article 324) superintends, directs and controls elections to Parliament, the State legislatures and the offices of President and Vice-President; panchayat and municipal polls belong to the State Election Commissions. It has been multi-member since 1993. Articles 325–329 add one general electoral roll, adult suffrage at 18 (61st Amendment, 1988), election laws and a bar on courts during elections.

Election Commissioners are appointed by the President under the 2023 Act on the advice of a selection committee of the Prime Minister, the Leader of the Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister; this replaced the interim committee, which included the Chief Justice of India, set up in Anoop Baranwal (2023). They serve six years or until 65. The Chief Election Commissioner can be removed only like a Supreme Court judge, and any other Election Commissioner cannot be removed except on the Chief Election Commissioner's recommendation (Article 324(5)). Since T.N. Seshan (1995) the members are equals and decide by majority.

Every Public Service Commission (Articles 315–323) is appointed by the President (UPSC and Joint Commissions) or the Governor (State Commissions); half the members must have ten years of government service. The term is six years or up to 65 in the UPSC and 62 in State and Joint Commissions (41st Amendment, 1976). Only the President can remove a member, and for misbehaviour only after a Supreme Court inquiry. The UPSC Chairman cannot take any further government job, and expenses are charged on the Consolidated Fund. Governments consult the Commissions on recruitment, promotion and discipline, but not on reservation (Article 320(4)), and their advice is not binding (Manbodhan Lal Srivastava, 1957).

The Finance Commission (Articles 280–281) is set up by the President every five years or earlier, with a chairman and four members whose qualifications come from the Finance Commission (Miscellaneous Provisions) Act, 1951. It recommends how the net proceeds of shared taxes are divided between the Union and the States and among the States, the principles for grants-in-aid under Article 275, and measures to support panchayats and municipalities. Its report and the government's explanatory memorandum are laid before Parliament; the advice is not binding. The first Commission was chaired by K.C. Neogy; the Fifteenth (N.K. Singh) set the States' share at 41 per cent, and the Sixteenth (Arvind Panagariya) covers 2026–31.

The Comptroller and Auditor-General of India (Articles 148–151) is appointed by the President and removable only like a Supreme Court judge; the 1971 Act gives a term of six years or up to 65, the expenses are charged, and no further government office is allowed. The CAG audits the Union, the States, Union Territories with legislatures, government companies and bodies substantially financed by government, but has no control over releasing money from the Consolidated Fund. Reports go to the President (Union) or the Governor (State), are laid before the legislature and are examined by the Public Accounts Committee. Audit covers regularity, propriety and performance; the CAG reports but cannot punish.

Three national commissions protect weaker sections. The 65th Amendment (1990) created a combined commission for Scheduled Castes and Scheduled Tribes, which the 89th Amendment (2003) split into the National Commission for Scheduled Castes (Article 338) and for Scheduled Tribes (Article 338A). The National Commission for backward classes was set up by a 1993 Act after Indra Sawhney and became constitutional under Article 338B through the 102nd Amendment (2018); after the Maratha case (2021) the 105th Amendment restored the States' own lists. Each has civil-court powers while investigating and reports to the President. The Special Officer for Linguistic Minorities (Article 350B, 7th Amendment 1956) is appointed by and reports to the President.

Constitutional bodies at a glance
BodyArticleAppointed byRemovalReports to
Election Commission324President (2023 Act committee)CEC like a Supreme Court judge; others only on CEC's recommendationActs directly
UPSC / State PSC315–323President / GovernorOnly by the PresidentPresident / Governor (annual report)
Finance Commission280PresidentNo special procedurePresident (laid before Parliament)
CAG148–151PresidentLike a Supreme Court judgePresident / Governor
NCSC, NCST, NCBC338, 338A, 338BPresidentSet by Presidential rulesPresident (State reports to Governor)
Special Officer for Linguistic Minorities350BPresidentNot specifiedPresident

The Advocate General (Article 165) is the State's chief law officer: appointed by the Governor, qualified to be a High Court judge, holding office during the Governor's pleasure, and entitled to speak but not vote in the State legislature (Article 177), just as the Attorney General may in Parliament (Article 88). Finally, many bodies are not constitutional at all. Each statutory body rests on an Act: the NHRC (1993), the CVC (2003, after Vineet Narain, 1997) and the Lokpal (2013). The CBI was set up by a 1963 resolution and draws its powers from the DSPE Act, 1946, and NITI Aayog by a 2015 Cabinet resolution, so both are executive bodies.

Exam traps

Recap

Practice questions

Q1. Elections to panchayats are superintended, directed and controlled by

  1. the Election Commission of India
  2. the State Election Commission
  3. the Governor of the State
  4. the State Finance Commission
Show answer

Answer: B. the State Election Commission

Article 243K gives panchayat elections to the State Election Commission. The Election Commission of India covers Parliament, State legislatures, President and Vice-President only; the Governor appoints the State Election Commissioner but does not run the polls; the State Finance Commission deals with panchayat finances.

Q2. Consider the following statements:
1. Under the 2023 Act, the selection committee for Election Commissioners includes the Chief Justice of India.
2. In T.N. Seshan v. Union of India (1995), the Supreme Court held that the Election Commission decides by majority.
Which of the statements given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2
Show answer

Answer: B. 2 only

Statement 1 is wrong: the Chief Justice sat only on the interim committee of Anoop Baranwal (2023); the Act has the Prime Minister, the Leader of the Opposition and a Cabinet Minister. Statement 2 is correct. So '1 only' and 'Both' are wrong, and 'Neither' ignores statement 2.

Q3. Consider the following statements about Public Service Commissions:
1. A member of a State Public Service Commission can be removed by the Governor.
2. The advice of a Public Service Commission is not binding on the government.
3. A Public Service Commission must be consulted on reservation of posts for backward classes.
Which of the statements given above is/are correct?

  1. 1 only
  2. 2 only
  3. 1 and 3 only
  4. 2 and 3 only
Show answer

Answer: B. 2 only

Only statement 2 is correct (Manbodhan Lal Srivastava, 1957). Statement 1 is wrong because only the President can remove a member (Article 317), and statement 3 is wrong because Article 320(4) excludes reservation from consultation; every option containing 1 or 3 is therefore wrong.

Q4. The qualifications of the members of the Finance Commission are laid down in

  1. Article 280 of the Constitution
  2. the Finance Commission (Miscellaneous Provisions) Act, 1951
  3. the Seventh Schedule
  4. rules made by the Union Ministry of Finance
Show answer

Answer: B. the Finance Commission (Miscellaneous Provisions) Act, 1951

Article 280 lets Parliament fix the qualifications, and the 1951 Act does so. Article 280 itself sets only the chairman-and-four-members structure; the Seventh Schedule lists subjects of legislation; and the Finance Ministry does not set the qualifications.

Q5. Consider the following statements about the Comptroller and Auditor-General of India:
1. The CAG can be removed from office only in the manner and on the grounds of a judge of the Supreme Court.
2. The CAG's reports on the accounts of the Union are submitted directly to the Speaker of the Lok Sabha.
Which of the statements given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2
Show answer

Answer: A. 1 only

Statement 1 restates Article 148(1). Statement 2 is wrong: Article 151 sends Union reports to the President, who has them laid before Parliament. So '2 only' and 'Both' are wrong, and 'Neither' ignores statement 1.

Q6. Match List I with List II:
List I (Amendment) — List II (Change)
A. 65th (1990) — 1. National Commission for Backward Classes given constitutional status
B. 89th (2003) — 2. States' power to keep their own lists of backward classes restored
C. 102nd (2018) — 3. Separate National Commission for Scheduled Tribes
D. 105th (2021) — 4. Combined National Commission for Scheduled Castes and Scheduled Tribes
Select the correct answer using the code given below:

  1. A-4, B-3, C-1, D-2
  2. A-3, B-4, C-1, D-2
  3. A-4, B-3, C-2, D-1
  4. A-1, B-3, C-4, D-2
Show answer

Answer: A. A-4, B-3, C-1, D-2

The 65th created the combined commission, the 89th split off the Scheduled Tribes commission, the 102nd inserted Article 338B and the 105th restored State lists. The second option reverses the 65th and 89th, the third reverses the 102nd and 105th, and the fourth gives the 65th the backward-classes change.

Q7. Consider the following statements:
1. The Advocate General of a State must be qualified to be appointed a judge of the Supreme Court.
2. The Advocate General has the right to speak in the State Legislative Assembly but not to vote.
3. The Special Officer for Linguistic Minorities is appointed by the President.
Which of the statements given above is/are correct?

  1. 1 only
  2. 1 and 2 only
  3. 2 and 3 only
  4. 1, 2 and 3
Show answer

Answer: C. 2 and 3 only

Statement 1 is wrong: the Advocate General needs High Court judge qualifications (Article 165); Supreme Court qualifications apply to the Attorney General. Statements 2 (Article 177) and 3 (Article 350B) are correct. '1 only', '1 and 2 only' and '1, 2 and 3' all include the wrong statement 1.

Q8. Which one of the following is a statutory body?

  1. NITI Aayog
  2. Central Bureau of Investigation
  3. National Human Rights Commission
  4. Comptroller and Auditor-General of India
Show answer

Answer: C. National Human Rights Commission

The NHRC was created by the Protection of Human Rights Act, 1993. NITI Aayog (2015) and the CBI (1963) were created by executive resolutions, and the CAG is a constitutional office under Article 148.

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