Chapter 53: Constitutional Bodies — CAG, Finance Commission, Attorney General, etc.
Introduction
Constitutional Bodies are institutions that are:
Created directly by the Constitution,
Have defined powers, responsibilities, and independence,
Essential for democracy, good governance, and accountability.
Examples: Election Commission, CAG, Finance Commission, Attorney General, UPSC, State PSCs, etc.
Comptroller and Auditor General of India (CAG)
1. Constitutional Provisions
Article
Subject
Article 148–151
CAG of India: Appointment, powers, duties, independence
2. Appointment and Term
Feature
Details
Appointment
By the President of India
Tenure
6 years or until 65 years of age, whichever earlier
Removal
Same process as a Supreme Court judge (through impeachment by Parliament)
3. Functions and Duties
Audits all receipts and expenditure of:
Union and State Governments,
All bodies substantially financed by government (e.g., PSUs),
Government companies (under Companies Act).
Prepares:
Audit Reports on Union and State finances (laid before Parliament/State Legislatures),
Appropriation Accounts (whether money spent was according to the law).
4. Importance
“Guardian of the Public Purse” — ensures that public money is used properly.
Acts as watchdog of financial administration.
Enhances accountability of the Executive to the Legislature.
5. Independence
Salaries charged on Consolidated Fund of India,
Removal only by difficult impeachment process,
Not eligible for further office under government after retirement.
Finance Commission of India
1. Constitutional Provisions
Article
Subject
Article 280
Finance Commission: Composition, functions
2. Composition
Feature
Details
Chairman
A person with experience in public affairs
Four Other Members
As specified by Parliament
Appointed by the President every 5 years or earlier if necessary.
3. Functions
Recommend:
Distribution of net proceeds of taxes between Centre and States,
Principles for grants-in-aid to States from Consolidated Fund of India,
Measures to augment the consolidated fund of a State to supplement the resources of panchayats and municipalities.
Advise on any financial matter referred by the President.
4. Important Finance Commissions
Commission
Key Facts
14th Finance Commission
Increased States’ share of central taxes from 32% to 42%.
15th Finance Commission (Current)
Recommendations for 2021–26; focus on fiscal consolidation, disaster risk management.
Attorney General of India
1. Constitutional Provisions
Article
Subject
Article 76
Attorney General of India
2. Appointment and Tenure
Feature
Details
Appointment
By the President
Eligibility
Must be qualified to be a Supreme Court Judge
Tenure
Holds office at the pleasure of the President (no fixed term).
3. Functions
Chief legal advisor to the Government of India,
Represents the Government in the Supreme Court and High Courts,
Performs legal duties assigned by President.
Note:
Not a government servant — can practice privately but cannot appear against Government.
4. Rights and Limitations
Right to participate in parliamentary proceedings but no voting right,
Cannot defend accused in criminal cases against the Government,
Cannot accept private briefs against the State.
Comparison Table: CAG vs Finance Commission vs Attorney General
Aspect
CAG
Finance Commission
Attorney General
Article
148
280
76
Function
Auditing
Tax distribution
Legal Advice
Appointment
President
President
President
Reports to
Parliament
President
President
Independence
Very High
Advisory (based on President’s reference)
Limited (serves government directly)
Other Important Constitutional Bodies
Advocate General of the State (Article 165)
State counterpart of Attorney General,
Appointed by Governor,
Legal advisor to the State Government.
Public Service Commissions
UPSC (Union) — Articles 315–323,
SPSC (State) — Articles 315–323.
Already discussed earlier!
Election Commission of India
Article 324,
Conducts free and fair elections,
Protects democratic process.
(Already covered in detail in Chapter 51!)
Significance of Constitutional Bodies
Significance
Explanation
Protect Democracy
Free, fair elections and independent audits promote democracy.
Maintain Accountability
Government’s financial and administrative accountability.
Legal Protection
Uphold Constitution and laws.
Federal Balance
Ensure fair distribution of resources between Centre and States.
Challenges for Constitutional Bodies
Pressure from Executive (especially for Attorney General),
Resource constraints (e.g., CAG needs technical expertise in modern sectors),
Need for greater transparency (e.g., publication of audit reports).
Reforms Suggested
Greater autonomy to bodies like Finance Commission,
Transparent and participatory appointment process,
Regular public disclosures of performance and recommendations.
Conclusion
Constitutional bodies are the pillars of India’s constitutional democracy. Their independence, efficiency, and integrity are critical to maintaining:
Rule of law,
Accountability, and
Good governance.
“A democracy is as strong as its constitutional institutions.“
Important Quick Facts for Prelims & Mains
Fact
Detail
Article for CAG
148
Article for Finance Commission
280
Article for Attorney General
76
CAG known as
Guardian of the Public Purse
Attorney General can participate in Parliament?
Yes, without voting right
Tenure of Finance Commission
5 years
Chapter 54: Non-Constitutional Bodies — NITI Aayog, NHRC, CVC, Lokpal, etc.
Introduction
Non-Constitutional Bodies are not created directly by the Constitution.
They are established by:
Acts of Parliament, or
Executive orders of the Government.
They play a vital role in:
Policy formulation,
Good governance,
Protecting rights,
Ensuring accountability.
Difference: Constitutional vs Non-Constitutional Bodies
Feature
Constitutional Body
Non-Constitutional Body
Created By
Constitution
Parliament Act / Executive Order
Examples
UPSC, ECI, CAG
NITI Aayog, NHRC, CVC, Lokpal
Important Non-Constitutional Bodies
1. NITI Aayog (National Institution for Transforming India)
Establishment
Established on 1st January 2015 by executive resolution of Union Cabinet.
Replaced Planning Commission (which was based on a resolution, 1950).
Structure
Post
Details
Chairperson
Prime Minister of India
Vice-Chairperson
Appointed by PM
Full-time Members
Eminent professionals from different fields
Ex-officio Members
4 Union Ministers
CEO
Appointed by PM (rank of Secretary to Government of India)
Functions
Acts as a policy think tank for the Government.
Fosters cooperative federalism between Centre and States.
Provides strategic and long-term policy framework.
Monitors and evaluates programs and initiatives.
Key Initiatives
Aspirational Districts Programme (focus on backward districts),
Atal Innovation Mission (AIM) (promoting startups and innovation),
SDG India Index (monitoring Sustainable Development Goals progress).
2. NHRC (National Human Rights Commission)
Establishment
Established in 1993 under the Protection of Human Rights Act, 1993.
Composition
Post
Details
Chairperson
Retired Chief Justice of India
Members
4 full-time + 4 deemed members (Chairpersons of NCW, NCPCR, etc.)
Functions
Protect and promote human rights in India.
Inquire into complaints of human rights violations,
Recommend compensation to victims,
Review factors limiting human rights.
Powers
Powers of a civil court while conducting inquiries,
Can investigate suo-motu (on its own) or on petitions.
Limitations
Recommendations not binding,
Cannot inquire into matters older than 1 year,
Cannot punish violators (only recommend action).
3. CVC (Central Vigilance Commission)
Establishment
Created in 1964 by an Executive Resolution,
Given statutory status by the CVC Act, 2003.
Composition
Post
Details
Central Vigilance Commissioner
Head
Vigilance Commissioners
2 members
Functions
Monitor vigilance activities in central government organizations,
Advise on major disciplinary matters,
Supervise the work of Central Bureau of Investigation (CBI) in corruption cases.
Independence
Appointment by a 3-member committee (PM, Home Minister, Leader of Opposition),
Removal by President on similar grounds as Supreme Court judge (for CVC).
4. Lokpal and Lokayuktas
Establishment
Lokpal and Lokayuktas Act, 2013,
First Lokpal of India appointed in 2019.
Structure of Lokpal
Post
Details
Chairperson
Retired Chief Justice of India or SC Judge or an eminent person of impeccable integrity
Members
8 members (half from judiciary, half from SC/ST/OBC/Women/Minorities)
Functions
Inquire into allegations of corruption against:
Prime Minister,
Ministers,
MPs,
Bureaucrats,
Employees of public sector.
Features
Has prosecution powers,
Can conduct search and seizure operations,
Ensures accountability of public functionaries.
Lokayuktas
State-level institutions modeled on Lokpal,
Investigate corruption cases in respective States.
(Note: Not all States have Lokayuktas yet.)
Other Important Non-Constitutional Bodies
Body
Purpose
National Commission for Women (NCW)
Protects women’s rights.
National Commission for Minorities (NCM)
Safeguards rights of religious minorities.
National Commission for Backward Classes (NCBC)
Looks into issues of OBCs.
Central Information Commission (CIC)
Promotes transparency under RTI Act, 2005.
National Green Tribunal (NGT)
Ensures environmental protection and adjudication.
Significance of Non-Constitutional Bodies
Significance
Explanation
Strengthen Democracy
By promoting transparency, accountability, and human rights.
Supplement Constitutional Bodies
Support governance in specialized fields.
Promote Good Governance
By advisory, supervisory, and regulatory roles.
Challenges Faced
Limited binding powers (e.g., NHRC recommendations not compulsory),
Political interference risks (e.g., CBI under CVC supervision but still controversial),
Lack of sufficient resources (funds, personnel),
Delays in appointments (Lokpal delay till 2019).
Reforms Suggested
Grant binding powers in appropriate cases,
Ensure faster and transparent appointments,
Enhance financial autonomy,
Increase public awareness about these bodies.
Conclusion
Non-Constitutional Bodies are vital instruments for achieving transparency, accountability, and justice in governance. Strengthening them will deepen democracy and improve public administration.
“Institutions are the pillars that hold the building of democracy strong.“
Important Quick Facts for Prelims & Mains
Fact
Detail
Year NITI Aayog formed
2015
First Lokpal of India
Justice Pinaki Chandra Ghose
NHRC formed in
1993
CVC Act Passed in
2003
NHRC Chairperson must be
Former Chief Justice of India
Composition of Lokpal
1 Chairperson + 8 Members
Chapter 55: Constitutional Amendments — Procedure, Important Amendments, 42nd, 44th, 73rd, 86th, 101st, etc.
Introduction
The Indian Constitution is neither rigid like that of the USA nor completely flexible like that of the UK.
It provides a balanced method for amendments under Article 368.
This ensures that the Constitution can adapt to changing needs without losing its basic structure.
Need for Constitutional Amendments
Reason
Explanation
Evolving society
New demands, challenges emerge with time.
Flexibility and adaptability
To remain relevant without replacing the Constitution.
Social justice
To introduce reforms (e.g., reservation policies).
Added words “Socialist”, “Secular”, “Integrity” to the Preamble.
Made DPSPs superior to Fundamental Rights in case of conflict.
Curtailed power of Judiciary.
Extended Parliament’s term from 5 to 6 years (later reversed).
3. 44th Amendment Act (1978)
Passed after Emergency (Janata Government).
Major changes:
Restored Fundamental Rights supremacy.
Repealed provisions extending Lok Sabha’s term to 6 years.
Strengthened protection against misuse of Emergency provisions (e.g., President can proclaim National Emergency only on written advice of Cabinet).
4. 52nd Amendment Act (1985)
Introduced Anti-Defection Law.
Tenth Schedule added: disqualification of legislators on grounds of defection.
5. 61st Amendment Act (1988)
Lowered voting age from 21 to 18 years.
6. 73rd Amendment Act (1992)
Constitutional status to Panchayati Raj Institutions.
Added Part IX and 11th Schedule (29 subjects).
7. 74th Amendment Act (1992)
Constitutional status to Urban Local Bodies (Municipalities).
Added Part IXA and 12th Schedule (18 subjects).
8. 86th Amendment Act (2002)
Made Right to Education a Fundamental Right (Article 21A).
Added a duty on parents to send children to school (Article 51A(k)).
9. 101st Amendment Act (2016)
Introduced Goods and Services Tax (GST) in India.
Created GST Council (Article 279A).
Number of Amendments (as of 2024)
Over 105 amendments have been made to the Constitution.
Judicial Review of Amendments
Constitutional amendments are subject to judicial review to ensure they do not violate the basic structure.
Examples:
Kesavananda Bharati Case (1973) — Basic Structure Doctrine.
Minerva Mills Case (1980) — Limited Parliament’s power to amend.
Comparison: Ordinary Law vs Constitutional Amendment
Feature
Ordinary Law
Constitutional Amendment
Majority Needed
Simple majority
Special majority (mostly)
Procedure
Ordinary legislative process
Article 368 prescribed procedure
Subject
Routine matters
Changes to Constitution
Judicial Review
Possible
Possible, stricter (must not violate Basic Structure)
Conclusion
Constitutional amendments allow India to evolve peacefully and democratically, balancing the need for change with the preservation of the core values of the Constitution.
“Change is the law of life, but the roots must remain deep and firm.“