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1. Constitutional Provision

Article 324 of the Constitution vests the "superintendence, direction and control" of elections in an independent Election Commission.

The Election Commission conducts elections to the following offices:

  • Parliament
  • State Legislatures
  • Office of President
  • Office of Vice-President
Key Point: Election Commission ensures free and fair elections in India.

2. Composition and Appointment

Aspect Details
Composition Chief Election Commissioner (CEC) and such number of Election Commissioners (ECs) as President may fix
Current Strength Multi-member body (CEC + 2 Election Commissioners)
Appointment By the President, subject to any law made by Parliament

The Appointment Process: Recent Changes

Before 2023 After Chief Election Commissioner and Other Election Commissioners Act, 2023
No statutory mechanism; appointments made solely by executive.

In Anoop Baranwal v. Union of India, Supreme Court held executive-only appointments unconstitutional.

Court directed committee of PM, LoP, and CJI to advise President. 		Search Committee headed by Cabinet Secretary forwards names.

Select Committee comprises:
  • Prime Minister (Chairperson)
  • Leader of Opposition (Lok Sabha)
  • Union Cabinet Minister nominated by PM
Chief Justice of India removed from process.
Important Change: Executive now has majority influence in appointment committee.

3. Tenure and Removal

Position Tenure Removal
Chief Election Commissioner 6 years or 65 years (whichever earlier) Removed like Supreme Court Judge (impeachment)
Election Commissioners 6 years or 65 years (whichever earlier) Removed only on recommendation of CEC
CEC enjoys highest constitutional protection to ensure independence.

4. Powers and Functions

Function Description
Electoral Rolls Prepares and updates voter lists
Delimitation Determines constituency boundaries
Election Conduct Conducts free and fair elections
Political Parties Recognizes parties and allocates symbols
Disqualification Advice Advises President and Governors
Election Schedule Announces election dates

5. Independence of Election Commission

Safeguard Provision
Security of Tenure CEC removable only by impeachment
Service Conditions Cannot be changed to disadvantage after appointment
Protection of ECs Removed only on recommendation of CEC
Expenses Charged on Consolidated Fund of India
Quasi-Judicial Powers Resolves election disputes
IMPORTANT EXAM POINTS:
  • Article → 324
  • Conducts elections to → Parliament, State Legislature, President, Vice-President
  • Composition → CEC + Election Commissioners
  • Tenure → 6 years or 65 years
  • Removal → CEC removed like SC judge
  • Independence → Constitutionally protected

1. Constitutional Provision

Articles 315 to 323 in Part XIV of the Constitution provide for the establishment, composition, powers, functions, and independence of the Union Public Service Commission (UPSC).

UPSC is India's central recruiting agency for civil services.

2. Historical Background

Year Development
1924 Lee Commission recommended establishment of Public Service Commission
1926 Union Public Service Commission established
1935 Government of India Act provided Federal and Provincial PSCs
1950 UPSC established under Constitution of India

3. Composition

Aspect Details
Composition Chairman and members (number determined by President)
Appointment By President of India
Qualification At least half the members must have served government for 10 years
Tenure 6 years or 65 years (whichever earlier)
Resignation Submit resignation to President
Removal By President on specified constitutional grounds

Grounds for Removal

Ground Description
Insolvency Declared bankrupt
Paid employment Outside official duties
Infirmity Physical or mental incapacity
Misbehaviour Requires Supreme Court inquiry
Supreme Court inquiry is mandatory before removal for misbehaviour.

4. Functions of UPSC (Article 320)

Function Description
Recruitment Conducts exams for All India and Central Services
Joint Recruitment Assists states in recruitment (if requested)
Advisory Role Advises on recruitment, promotion, and transfers
Disciplinary Matters Advises on disciplinary actions
Legal Expenses Advises on reimbursement claims
Pension Claims Advises on injury pension claims

5. Exemptions from Consultation (1958 Regulations)

Matter Consultation Required?
Reservation for backward classes No
SC/ST reservation claims No
Diplomatic posts No
Temporary appointments No
Group C and D posts No

6. Independence of UPSC

Safeguard Provision
Security of Tenure Removal only on constitutional grounds
Service Conditions Cannot be changed after appointment
Financial Independence Expenses charged on Consolidated Fund of India
Post-Tenure Restrictions Chairman cannot hold government employment
Members Future Employment Members can become Chairman but not other government employees
No Reappointment No second term allowed
IMPORTANT EXAM POINTS:
  • Articles → 315–323
  • Part → XIV
  • Appointment → President
  • Tenure → 6 years or 65 years
  • Removal → President (SC inquiry for misbehaviour)
  • Function → Recruitment and advisory

1. Constitutional Provision

State Public Service Commissions are established under Articles 315 to 323 in Part XIV of the Constitution of India. Each state has its own Public Service Commission to recruit civil servants and advise the state government on service matters.

SPSC is the state-level recruiting agency equivalent to UPSC at the Union level.

2. Historical Background

Year Development
1919 Government of India Act, 1919 proposed Public Service Commissions
1935 Government of India Act, 1935 provided Provincial Public Service Commissions
1950 SPSCs established under Constitution of India

3. Composition

Aspect Details
Appointment Chairman and members appointed by Governor
Qualification At least 50% members must have held government office for 10 years
Tenure 6 years or 62 years, whichever earlier
Resignation Submit resignation to Governor
Removal Only by President, not Governor

Grounds for Removal

Ground Description
Insolvency Declared bankrupt
Paid employment Outside official duties
Infirmity Physical or mental incapacity
Misbehaviour Requires Supreme Court inquiry
Supreme Court inquiry is mandatory before removal for misbehaviour.

4. Functions of SPSC

Function Description
Recruitment Conducts exams for state civil services
Advisory Role Advises on recruitment, promotion, and transfer
Disciplinary Consultation Advises on disciplinary actions
Judicial Appointments Consulted on judicial appointments (except district judges)
Annual Reporting Submits annual report to Governor

5. Constitutional Limitations

Limitation Details
Advisory Nature Advice not binding on government
Supreme Court Ruling Consultation failure does not invalidate decision
Governor's Power Governor may exclude certain posts
Outside Jurisdiction Reservation matters excluded

6. Independence of SPSC

Safeguard Provision
Security of Tenure Removal only by President
Service Conditions Cannot be altered after appointment
Financial Independence Expenses charged on Consolidated Fund of State
Post-Tenure Restrictions No government employment allowed
No Reappointment No second term allowed

7. Joint State Public Service Commission (JSPSC)

Aspect Details
Creation By Parliament on request of states
Nature Statutory body
Appointment By President
Tenure 6 years or 62 years
Removal By President
Reporting Report submitted to Governors
IMPORTANT EXAM POINTS:
  • Articles → 315–323
  • Appointment → Governor
  • Removal → President
  • Tenure → 6 years or 62 years
  • Function → Recruitment and advisory
  • Independence → Constitutionally protected

1. Constitutional Provision

Article 280 mandates the establishment of a Finance Commission every five years by the President of India.

Clause Provision
Article 280(1) President shall constitute Finance Commission every five years
Composition Chairman and four members appointed by President
Finance Commission is a constitutional body responsible for Centre-State financial relations.

2. Qualifications (Finance Commission Act, 1951)

Position Qualification
Chairman Experience in public affairs
Member High Court Judge or qualified to be appointed as such
Member Knowledge of government finances
Member Experience in financial administration
Member Special knowledge of economics

3. Functions (Article 280(3))

Clause Function
(a) Distribution of taxes between Union and States
(b) Principles governing grants-in-aid
(bb) Augment State Consolidated Fund for Panchayats
(c) Augment State Consolidated Fund for Municipalities
(d) Other matters referred by President

4. Procedure and Powers

Aspect Details
Procedure Determines its own procedure
Powers Parliament may confer powers

National Commission for Scheduled Castes (Article 338)

Aspect Details
Article 338
Composition Chairperson, Vice-Chairperson, and three members
Appointment By President
Functions Investigate safeguards
Inquire complaints
Monitor development
Submit reports to President

National Commission for Scheduled Tribes (Article 338A)

Aspect Details
Article 338A
Inserted by 89th Amendment Act, 2003
Composition Chairperson, Vice-Chairperson, and three members
Functions Same as SC Commission

National Commission for Backward Classes (Article 338B)

Background

  • 2017: Constitutional status granted
  • Article 338B inserted
Aspect Details
Composition Chairperson, Vice-Chairperson, and three members
Appointment By President
Powers Civil court powers
Functions Investigate safeguards
Inquire complaints
Advise government
Authority Government must consult Commission

Common Powers of All Three Commissions

Power Description
Civil Court Powers Summon persons and enforce attendance
Document Production Require documents
Evidence Receive affidavits
Public Records Requisition public records
Annual Report Submit report to President
IMPORTANT EXAM POINTS:
  • Article 280 → Finance Commission
  • Article 338 → SC Commission
  • Article 338A → ST Commission
  • Article 338B → OBC Commission
  • Finance Commission → Every 5 years
  • All commissions → Civil court powers

1. Constitutional Provision

Articles 148 to 151 in Part V of the Constitution deal with the Comptroller and Auditor General of India (CAG). The CAG is the supreme audit authority of India and ensures accountability in public financial administration.

The CAG is known as the "Guardian of the Public Purse".

2. Appointment and Oath

Aspect Details
Appointing Authority President of India by warrant under his hand and seal [Article 148(1)]
Oath Administered by President or appointed person
Service Conditions Determined by Parliament; cannot be changed after appointment

3. Term and Removal

Aspect Details
Term 6 years or 65 years of age, whichever earlier
Resignation Submit resignation to President
Removal Removed like Supreme Court Judge (impeachment)
Removal requires impeachment by Parliament on grounds of proved misbehaviour or incapacity.

4. Duties and Powers

Function Description
Accounts Compilation Compiles accounts of Union and States
Audit of Government Funds Audits Consolidated Fund, Contingency Fund, and Public Account
Audit of Government Bodies Audits bodies funded by government
Audit of Public Corporations Audits government companies and corporations

5. Role in Financial Accountability

Aspect Significance
Guardian of Public Purse Ensures proper use of public funds
Reports to President Reports submitted to President and placed before Parliament
Reports to Governor Reports submitted to Governor and placed before State Legislature
Public Accounts Committee CAG reports used by PAC to examine government expenditure
Financial Discipline Helps prevent misuse of public funds

6. Independence Safeguards

Safeguard Provision
Security of Tenure Removal only like Supreme Court Judge
Service Conditions Cannot be changed after appointment
Financial Independence Expenses charged on Consolidated Fund of India
Post-Retirement Restrictions Not eligible for government employment after retirement
IMPORTANT EXAM POINTS:
  • Articles → 148–151
  • Appointment → President
  • Term → 6 years or 65 years
  • Removal → Like Supreme Court Judge
  • Reports → President and Governor
  • Role → Guardian of Public Purse

1. National Commission for Scheduled Castes (Article 338)

Aspect Details
Constitutional Provision Article 338 (Originally combined for SCs and STs; bifurcated by 89th Amendment, 2003)
Composition Chairperson, Vice-Chairperson, and three other members appointed by President
Functions
  • Investigate and monitor safeguards for SCs
  • Inquire into specific complaints
  • Participate in socio-economic development planning
  • Submit annual report to President
  • President places report before Parliament
The National Commission for Scheduled Castes protects constitutional safeguards of SCs.

2. National Commission for Scheduled Tribes (Article 338A)

Aspect Details
Constitutional Provision Article 338A inserted by 89th Amendment Act, 2003
Composition Chairperson, Vice-Chairperson, and three members appointed by President
Functions Same as SC Commission but applicable to Scheduled Tribes
89th Amendment separated SC and ST Commissions.

3. National Commission for Backward Classes (Article 338B)

Background

  • 2017: Constitution (123rd Amendment) Bill passed
  • Article 338B inserted into Constitution
  • NCBC granted constitutional status

Composition and Functions

Aspect Details
Composition Chairperson, Vice-Chairperson, and three members
Appointment By President
Powers Civil court powers
Functions
  • Investigate safeguards
  • Inquire complaints
  • Advise government on policies
Authority Government must consult Commission

4. Powers Common to All Three Commissions

Power Description
Civil Court Powers
  • Summon persons
  • Enforce attendance
  • Require documents
  • Receive affidavits
  • Requisition public records
Annual Report Submit report to President
IMPORTANT EXAM POINTS:
  • Article 338 → SC Commission
  • Article 338A → ST Commission
  • Article 338B → OBC Commission
  • 89th Amendment → Separate ST Commission
  • NCBC constitutional status → 2017
  • All commissions → Civil court powers

1. Attorney General of India (Article 76)

Aspect Details
Appointment By President of India
Qualification Qualified to be Supreme Court Judge (5 years HC Judge or 10 years Advocate)
Term Holds office during pleasure of President
Removal Can be removed anytime by President
Resignation Submit resignation to President

Functions

Function Description
Legal Advice Advises Government of India on legal matters
Legal Duties Performs duties assigned by President
Constitutional Functions Discharges functions under Constitution and law
Right of Audience Right to appear in all courts in India
Representation Represents Union and States before courts

Privileges and Remuneration

Aspect Details
Right to Speak in Parliament Can speak but cannot vote [Article 88]
Remuneration Retainer determined by President
Private Practice Allowed (except against government)
Political Appointment Resigns when government changes

Assistants

  • Solicitor General of India
  • Additional Solicitors General
Attorney General is the highest law officer of India.

2. Advocate General of State (Article 165)

Aspect Details
Appointment By Governor
Qualification Qualified to be High Court Judge
Term Holds office during pleasure of Governor
Functions Advises State Government on legal matters
Remuneration Determined by Governor
Advocate General is the highest law officer of the State.

3. Comparison: Attorney General vs Advocate General

Aspect Attorney General Advocate General
Article Article 76 Article 165
Appointment President Governor
Qualification Supreme Court Judge qualification High Court Judge qualification
Term Pleasure of President Pleasure of Governor
Right to Speak Parliament State Legislature
Private Practice Allowed Allowed
IMPORTANT EXAM POINTS:
  • Article 76 → Attorney General
  • Article 165 → Advocate General
  • AGI → Highest law officer of India
  • AG State → Highest law officer of State
  • Both hold office during pleasure of executive