CONSTITUTIONAL BODIES POLITY

Constitutional Bodies
The constitution cannot protect us if we cannot protect the constitution

- Thomas Sowell

1.1 Constitutional Bodies

As the name indicates the constitutional bodies are the institutions that derive their power from
Constitution directly not by law or executive order. Hence in order to change their status or working,
constitutional amendments must be passed by parliament and approved by the president.

Constitutional bodies in India

1. Election commission of India

2. Finance Commission
3. Comptroller and Auditor General
4. Union Public Service Commission
5. National Commission for Schedule Castes
6. National Commission for Schedule Tribes
7. National Commission for Other Backward Classes
8. Special Officer for Linguistic Minorities

1.1 Election commission of India (ECI)

India is one among few countries where election commission is constitutional and autonomous. It’s
one of the leading institution that is responsible for holding democracy upright even during crisis. If
India is a democracy spite of fractioning force and challenges thanks to election commission and its
work ethics.

Constitutional status

The article 324 to 329 defines the roles and responsibilities of ECI (election commission of India).

It is responsible for the administration of election of both houses of parliament, of state assembly,
election of president and vice president. It’s responsible for Superintendence, direction and control
of elections. However it is not responsible for panchayat and municipal elections.

Article 325 prevents discrimination in the names of race sex caste gender etc. while enrolling for
electoral rolls

Article 326 supports adult suffrage to both parliament and state assembly election.

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Article 327 empower parliament to make laws with respect to election, the same power is also vested
in state legislature to make laws. But this is hardly used by state legislature. Under this article
parliament has passed two laws, the representation of the people act 1950 and 1951.

Article 329 prevents the court from interfering in the electoral matters. ECE is ex-officio member of
delimitation commission that draw the election constituency.

Structure and Composition of ECI

Initially ECI was a single member body with Chief Election Commissioner (CEC) who was appointed
by the president of India. For long the commission remained as one member body but after lowering
of voting age from 21 to 18, there was increase in the burden of work , so for brief period
multimember ECI was created. Later on it was made a three member body permanently. The
circumstance and manner created controversy. Initially introduced by ordinance and later by
statutory means. T N Seshan condemned the three member ECI as move to dilute the power of chief
election commissioner (CEC).

The Chief Election Commissioner (CEC) appointed has tenure of 6 years or age till 65, whichever is
earlier. The CEC enjoy same power and perks as that of Supreme Court judge, and be removed in
same manner as that of Supreme Court judge. But this security of tenure is not present for other
election commissioners. They can be removed by president on the advice of government, where the
opinion of CEC is taken. But the decision of ECI is taken by majority among the CEC and other election
commissioner.

Powers and Functions

As mentioned earlier it’s the apex body to conduct free and fair elections at center, state and
president and vice president level. The ECI schedules for the periodic and timely elections. It prepares
electoral roll, issues photo identity cards. It decides election of polling centers, counting places. It
appoints the various state and center government employees for this task. During election work time
they work under supervision of ECI not their respective governments.

It grants recognition to political parties and allot election symbols. In matters of disputes arising out
of symbols, matter of ECI is final.

It’s a quasi-judicial body, that it is the first stop in matters of disputes arising with respect election. It
issues model code of conduct, which comes in effect on announcing of election dates. The
commission also has advisory jurisdiction in mater of post-election disqualification of sitting Member
of Parliament or state assembly.

Issues of ECI

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 The ECI is demanding the funding of commission to be independent, and funds be charged
upon consolidated fund like CAG, which is not done. Hence ECI is pushing for the financial
autonomy.
 Currently there is no required qualification for CEC and other ECs, usually IAS officers are
appointed, by president on recommendation of cabinet. The law commission and ARC have
recommended that selection of candidate must be from selection committee that has
member from opposition party also.
 There is also the debate that ECI should be given power of contempt like courts. As the
institution recently is jarred by politicians for their vested gain. The institution and its ethics
are sacrosanct, any demeaning of institution will have serious repercussion on culture of
democracy. The institution became punching bag and reason for political losses. Hence many
are supporting idea that ECI should be given the power of contempt.
 ECI is give power to register and recognize the political parties, but for de-registration it has
no power. It can only make request and final seal is under Supreme Court. ECI as the
competent authority must be vested with power to deregister the dormant, inactive or
disruptive political parties.
 Model Code of conduct: Started during TN Sheshan time, it is an agreement between ECI and
political parties to set up ground rules to be followed during election. It prevents the party in
power to take undue advantage. It prevents parties from making controversial statements.
The rules of conduct are guidelines to conduct fair election. However on the flip sides ECI is
not empower to punish it violators. These code of conduct has no statutory backing to
approach court also. Only benefit is, it calls out the mistakes of parities and issues a signal to
voter to decide their choice.
S Y Qureshi former CEC, said that giving statutory backing to model code of conduct will defeat
its purpose. Because making law will shift the jurisdiction from ECI to courts. And also model
code of conduct is to bring faster scrutiny of events. Qureshi said the Model Code was like
quick action, it works like fire brigade dousing fire. "If such matters go to court, it will take
six to seven years, it is very effective now”.

Controversies with respect to ECI

T N Seshan

Then CEC T N Seshan approached the Supreme Court with appeal that one member body is better to
take administrative and judicial decision of ECI. He argued that “If three members are better than
one, it can be argued that five are better than three, and where does it stop,” He also asked “Can
there be three sub-inspectors in a police station?” . The logic was that three members with equal
power and responsibility would make them superfluous. Also discontent among CEC and ECs will be
a big blow to the image of institution and country’s democracy. The Supreme Court rejected his
contention in T.N. Seshan, the CEC v Union of India. The same issue came up recently during 2019
lok-sabha election.

Navin Chawla

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The then CEC Gopalswamy, recommended the removal of EC Navin Chawla, on the grounds that he
was doing partisan job. However this was resolved and was clarifies that removal of EC can only be
initiated by The President and not on the recommendation of CEC. However if the removal is initiated
by government the decision of CEC is taken into consideration else no.

2019 Lok Sabha election

The complaint against ECI was that it failed to take cognizance of violation of model code of conduct
by the ruling government. Though it had taken measure like cVIGIL app to ask civilian to report the
violation of code of conduct, it failed to act against PM is the cry from opposition. Many experts have
said that “ECI is willing to wound but afraid to bite”, i.e. it’s taking measure to put money muscle
mafia at bay but not with iron hand. Many also complained that ECI is battling with crisis of credibility.

The recent controversy is also on credibility of EVMs and claim that they can be hacked and
controlled. These allegation are falsified by ECI. ECI also welcomed an open challenge to hack EVMs
and claim their allegation, which was not done. Hence EVMs are safe to say are hack proof, recent
addition is VVPAT (voter verifiable paper audit trail) to verity the casting votes. There are also issues
associated with VVPATs, as VVPATs are not counted at all constituency.

Postal Ballot

Postal ballot are provided for selected citizen groups. It’s available for government employees on
election duty. Service voter like army, navy, air force and ambassador can post their votes. During
recent TN-Assam-West Bengal election postal ballot are extend to senior citizen of age above 80 as a
solution to COVID situation. Postal ballot during current state assembly election is extended to
person in quarantine and disabled persons also.

Electoral Bond Issue

The central government move to digitalize election funding through electoral bonds is not in sync
with ECI. The bone of contention is the exemption from disclosing donations by political parties
received through electoral bonds. It described the move as a “retrograde step”. In a letter written to
the Law Ministry the same month, the Commission had even asked the government to “reconsider”
and “modify” the above amendment. The matter is in Supreme Court.

Contribution of ECI

Conduction of free and fair election in India is the biggest public event management. ECI has been
successful to a large extent. It’s recognized internationally and that why India has been recognized
as most successful l procedural democracy in the third w world. As per estimates there are about
9i11 million voters will exercise ether right. For 2019 election around 10lkakh polling stations were
arranged, with voter turnout of 67%.

ECI has created booths even for single person in the remotest of places. The incidents of violence in
naxal effected districts were also controlled compared to previous records.

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ECI is also playing an active role in promotion of democracy and electoral support particularly in Arab
world gulf and central Asian countries. Mrs. Hillary Clinton referred election commission of India as
the gold standard in election management.

Countries have expressed keen interest in our technologies like EVMs VVPAT and indelible ink etc. it
should been seen in USA where many states still follow paper ballot or age old election machine,
while Indian EVMs are cost effective and convenient.

However the challenges still loom large over ECI. Challenges are like extending postal or online voting
for NRIs. The single election for state and center with concept one nation one election required still
more work from ECI side.

1.2 Finance commission of India (FCI)

Finance Commission is a constitutional body for the purpose of allocation of certain revenue
resources between the Union and the State Governments and also among the states. It was
established under Article 280 of the Indian Constitution by the Indian President. It was created to
define the financial relations between the Centre and the states. It represents the financial federalism
of Indian government setup. Finance commission is quasi-judicial body and has all the power as of
civil court as per the Code of Civil Procedure 1908. It can call witnesses, ask for the production of a
public document or record from any office or court.

Structure and composition

The president constitutes the finance commission every five years or when he considers necessary,
first was constituted in 1951 under the chairmanship of K.C.Neogy. It consist of chairman and four
members appointed by the president. Chairman heads the Commission and presides over the
activities. He should have had public affairs experience. The other 4 members should be or have been
qualified as High Court judges, or be knowledgeable in finance or experienced in financial matters
and are in administration, or possess knowledge in economics. The Parliament determines legally the
qualifications of the members of the Commission and their selection methods.

Functions of FCI

 The distribution of net taxes proceeds between center and states and allocation of the same
between states
 The principles governing the grant in aids to the state by center out of consolidated fund of
India
 To recommend the measure to augment the consolidated fund of states to supplement the
resource of panchayat and municipalities.
 Other matters referred by the President

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After series of discussions and studies the Finance Commission submits its report to the President.
The President lay these recommendation before the parliament. The recommendation of FCI are
advisory in nature and are hence not binding on government. But as FC is a constitutional body
governments have often brought the recommendation to practice.

Fifteenth Finance commission and issue surrounding

The 15th FC set up in 2017 under the chairmanship of N K Singh. The other members were Shaktikant
Das, DR Anoop Singh. Dr Ashok Lahiri, Ajay Narayan and Dr Ramesh Chandra. The commission
submitted its report on February 2021, delayed by pandemic.

The terms of reference (TOR) of 15th FC were unique and wide ranging when compared to previous
commissions. Along with tax re-distribution the TOR included, recommendation on performance
incentives for states in fields of powers sector, solid waste management, and adoption of DBT.

The commission was also asked to look into plausibility of an adequate, non-lapsable and secure
fund for defense and internal security of India. Commission shall also examine whether a separate
mechanism for funding of defense and internal security ought to be set up and if so how such a
mechanism could be operationalized.

Another important aspect was to look into the impact of GST on revenue status. The study also
included the impact of increase in revenue share from 32 to 42 from 14 th FC. The bone of contention
was inclusion of demographic data from census 2011.

Gadgil Mukherjee formula is the set of variable that determine the share of distribution among
states. The formula decides for horizontal distribution of tax proceeds. Initially 14 th Finance
Commission (FC) included the factors mainly,

 Income Distance-50%
 Population (1970 census)-27.5%
 Area-15%
 Forest and Ecology-7.5%

The 15th FC changes the parameters to as follows

 Income Dsitance-45%
 Population (2011 census)-15%
 Demographic Performance-12.5%
 Area-15%
 Forest and Ecology-10%
 Tax Effort-2.5%

The use of demographic change from 1970 to 2011 is detrimental to southern state which have
stabilized the fertility rate around 2.1-2.3 and population of these states is either stabilized or even
decreasing in some states. Contrary to this are the northern states like UP, Bihar that have increasing

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population. The southern states are agitated as this will reduce their share in revenue proceeds.
Government of these states protested the move. It alleged, for every Rs 100 southern state give to
center, they get back Rs 30 only while for northern state they get back Rs 160-170.

However the fears were put to rest as FC has clarified that states that have performed well in
stabilizing the population will be rewarded.

There was demand to increase share from 42% to 50% from states. For which then Finance Minister
Arun Jaitely said, “India is union of states and union also have to survive”. The experts believe that
rolling out of GST and GST council have taken certain powers of tax distribution, thus making job of
FC harder and complex.

The 15th Finance Commission (FC) submitted its recommendation and put forward in parliament,

Major recommendations of 15th FC

In total the 15th FC has 117 core recommendation and numerous reforms for state and central
governments.

Vertical Devolution

In order to overcome the current difficult times of pandemic, the commission has recommended the
vertical devolution of 41%. It is said that it’s same as that of earlier 42 % as recommended by 14 th FC.
The one percent change is due to change in status of erstwhile state of Jammu Kashmir into two
union territories of Jammu-Kashmir and Ladakh. The commission assessed that for upcoming 5 year
the gross tax revenue is expected to be Rs 135 lakh crore out of which divisible pool is Rs 103 lakh
crore.

Horizontal devolution

As mentioned above the criteria for distribution is based on equity need and performance, the
weightage is given below.

Income Distance (45%) > Population (15%) = Area (15%) > Demographic Performance (12.5%) >
Forest and Ecology (10%) > Tax Efforts (2.5%)

The commission used the change in demography as criteria as it reflects the current trends and needs
better. The 15th FC re introduced the 2.5 % tax efforts criterion to reward fiscal performance. That
was removed during 14th FC.

Revenue deficit grants

Based on uniform norms of assessing revenues and expenditure of the States and the Union, 15 th FC
has recommended total revenue deficit grants (RDG) of Rs 2.9 lakh crore over the award period for
seventeen States.

Local Governments

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The total size of the grant to local governments is around Rs. 4.3 lakh crore for the period 2021-26.
This includes the grants to panchayats, municipalities, municipal services, health grants to local
governments and performance linked grants.

Health

The 15th FC has recommended states to increase the health budget by to more than 8 % by 2022.
This is important step in times of pandemic. The covid pandemic has exposed our health security
shortcomings. The grant is recommended for training the allied workforce, supporting diagnostic
infrastructure and conversion of rural sub centers and PHC (Public Health Centers) into HWC (Health
and Wellness Centre).

Performance Incentives and Grants

Grants have been recommended to enhance the education outcome to tune of Rs 5000 cr. It also
recommends to improve online education and professional course in regional languages for higher
education in India. A Rs 45000 crore incentives is earmarked for states that carries out reforms in,

 Agricultural reforms
 Land law on lines of NITI Ayog model law
 Maintaining and augmenting ground water stock
 Production of oil seeds and pulses
 Growth in agricultural exports

Defense and internal security

In line with TOR, the 15th FC has recommended creation of Modernization Fund for Defense and
Internal Security (MFDIS). It will be created in public account of India, the size of funds for period
2012-26 is around Rs 2 lakh crore.

This fund bridge the gap between projected budgetary requirements and budget allocation. The
proceeds of the fund are to be utilized for capital investment for modernization of defense services,
capital investment for central police forces and modernization of state police forces as projected by
MHA, and a small component as welfare fund for soldiers and paramilitary personnel.

The fund will access resources from four sources—contribution from the consolidated fund of India;
disinvestment proceeds from defense public sector enterprises; proceeds from monetization of
surplus defense land; and receipts from defense land to be transferred to the state governments and
for public projects in future.

Disaster management

Urging the states to follow the Disaster Management Act (DMA) , the FC has recommend involving
local and community participation in disaster management, The commission has recommended the
disaster fund of around Rs 1.6 lakh crore to be used for mitigation purposes. Union’s share is Rs 1.2
lakh crore and that of state is Rs 37k crore.

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Fiscal Consolidation

The views is providing a range rather than target for fiscal deficit and debt path for both union and
states. The commission recommended additional borrowing room for states that have performed
well in power sector. In today’s challenges and realities, commission urged to relook into FRBM act
which need major restructuring and time table for defining and achieving debt sustainability. It also
recommended the center and state to amend FRBM act and need a high powered inter-governmental
group which shall oversee the implementation of 15fc and craft new FRBM. States can explore
formation of independent public debt management cell to chart their borrowings,

Fiscal Deficit (FD) Targets

 For Centre: It recommended that the Centre brings down its fiscal deficit to 4% of Gross
Domestic Product (GDP) by 2025-26 against 6.8% in FY22.
 For States: For states, it recommended FD at 4% of Gross State Domestic Product (GSDP) in
2021-22, 3.5% in the following year and 3% for the next three years.

There is also a recommendation by the Commission that an independent Fiscal Council, an advisory
body with powers to access records required from the Union as well as the states should be
appointed to ensure better compliance and to act as a repository of fiscal data. The government
has not stated its position on this recommendation.

Evaluation of 15TH FC

Professor Dr C P Chandrasekhar says, “15th FC favors neoliberal and centralization. In times of

pandemic and failure of GST, states are heading into a financial crisis”.

Other criticism is, allocation for cities (for municipalities) is very small, too meagre to meet any
challenges of cities face today.
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Chief Minister of Delhi criticized commission for treating NCT Delhi neither as state nor as Union
territory, saying Delhi deserves more devolution.

Southern states lost the chunk of devolution compared to 14th FC while northern UP, Bihar got the
most. Southern states despite of reduced fertility rate lost share in proceeds, Karnataka faced worst
of all.

However on the flip side, many have appreciated the work of commission in difficult times of
pandemic. It is said FC doesn’t rock the federalism boat, (as an answer to allegation of centralization).

To summarize the 15th Finance Commission tried to keep all stakeholders content after a fiscally
challenging year, but existing Centre-state imbalances and inequities among states are unlikely to go
away.

1.3 Comptroller and Auditor General (CAG)

The comptroller and auditor general CAG is the supreme audit institution in the country .the purpose
of auditing is to ensure accountability. CAG is the head of the Indian audit & account department and
chief Guardian of Public purse. However the institution is least understood. The political class view
cag as munim or accountant, but there’s lots of difference between accounting and accountability.
AG has played crucial roles in exposing the lacunae in ministries, and helped in policy
recommendation. An efficient system of accounting and accountability is necessary feature of good
governance and economic development.

Structure of CAG

CAG is a single person office. CAG derives power from article of constitution, article 148 broadly
deals with the CAG appointment, oath and conditions of service. Article 149 deals with Duties and
Powers of the Comptroller and Auditor-General of India. Article 150 says that the accounts of the
Union and of the States shall be kept in such form as the President may, on the advice of the CAG,
prescribe. We have centralized auditing system, i.e. single cag for both center and state. The CAG’s
Act 1971 also sets path for working of CAG.
CAG is appointed by the president, there is no mentioning of specific qualification for CAG in the
constitution, no formal criteria no selection committee. The trend is secretaries in prominent
department are chosen by Prime minister for CAG post. There is suggestion to have broad based
selection committee to have speaker, leader of opposition, chief justice of India section committee
to select the candidate for CAG rather than solely by PM. Eminent person, members from judiciary
also should be considered for CAG
Removal of CAG is in same fashion as that of Supreme Court judge. In order to ensure independence
and autonomy of the institution,
 Salary and other conditions of the office are determined by parliament by law and not
varies to its disadvantage after appointment

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 The expenses, salaries and allowances are expenditure charged on consolidate fun of
India.
 CAG is not eligible for further office under Centre or state to prevent any favoritism
 CAG is given full administration control

Duties and Functions

As per the article 149 CAG performs such duties and exercises such power in relation to accounts
of center and state or any other authority prescribed by the law made by the parliament, in this
context parliament has enacted CAG duties and power act 1971 it mentions service condition as
well as CAG functions. CAG has to perform the auditing
 of all the union and state departments like railway post defense
 public sector enterprises
 noncommercial autonomous bodies
 bodies that are substantially financed by the government
At present auditing of following types are done
 financial suiting
 compliance auditing
 performance auditing
 social auditing
Importance of Auditing
It has been realized since ancient times. Kautilya in his Arthshastra prescribes various means to
keep check on the government officials and government money, to quote kautilya,
 It’s not possible to keep honey on tongue and not taste it. Similarly it’s not possible to
hold government funds and not use it or taste it a little bit
 Like a fish swimming in water, it is not possible to detect whether it is drinking water or
not, similarly it is no possible to find when a government servant in charge of funds is
misappropriating it. The ways of embezzlement are many and hence becomes difficult to
keep a continuous check.
Kautilya suggested king to take many measures and multiple actions like spying, string
punishment against person found guilty. Aristotle also mentioned that it is important to have
external officials to examine the account of large sum of money handled by officials.
Importance of Auditing in Indian context
Dr Rajendra Prasad on the office of CAG, says government handles huge sum of public money
hence CAG should be able to fulfil its function without nay fear
The first Vice President of India Dr Sarvapalli Radhakrishnan said, “Ours is poor country with
limited resources, we cannot afford to risk any kind of wastage”. Role of cag is of utmost
importance. CAG should not shrink away from telling the truth even if it’s offending the men in
the highest position.
Dr B R Ambedkar, said it’s the most important constitutional office. It is even more important than
judiciary. He expected the CAG should be given more independence and powers than judiciary.

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Importance of auditing in democratic countries

In democracy the government is a trust. It has to act not only in accordance to wishes of people
but also in the best interest of people.
 CAG puts limits on abuse of power checks unconstitutional and unauthorized acts of
government.
 it enforces government to act with responsibility
 CAG assures man on street that government is acting on his interest,
 It detects the leakages, wastages
 Ensure the best practices in administration
 Crucial link in chain of accountability
 It is a friend philosopher and guide of public account committee
 It ensure the tax payers money is used economically efficiently and effectively
Thus it has significant role in strengthening public trust and government legitimacy.
CAG Activism
During 2008, when CAG unearthed 2G scam. The losses predicted where staggering Rs 1.7 lakh
crore. This period in the Indian governance is earmarked as beginning of activism of CAG. The
Sheshan time were called as ECI activism. The CAG Vinod Rai, in his book Not Just an Accountant:
The Diary of the Nation's Conscience Keeper, has explained the CAG and its mandate. Vinod rai
claims that 2g spectrum were allotted on non-transparent manner rather than efficient
competent bidding. CAG claimed competitive bidding would have earned the national exchequer
1.7 lakh crore. It represent the performance auditing of CAG. He tells CAG is not about matching
expenditure and receipts rather that receipts go into efficient and well deserved expenditure.
His book name reflects the Supreme Court verdict where the apex court said “CAG is not an
accountant or a munim of government but a constitutional body”, nation’s conscience keeper.
The CAG also has discovered many irregularities by government during Common wealth games
that shamed nation on world platform.
The CAG report yearly has unveiled glaring realities that made us pay dearly for not correcting, for
example during 1962, the report criticized government for lack of preparedness. CAG report
pointed towards the government for weakness in defense preparedness. The then defense
minister mentioned that CGA should focus on accounts, and it’s not his nosiness to tell how to run
the government. Later Chinese aggression on India shown the validity of CAG concerns.
The report has also shown failure of scheme like MGNREGA especially in state like Jammu Kashmir
where the schemes has not led to any asset creation and had only ben source of leakage of
resources.
Suggested reforms
Reforms suggested by Vinod Rai (former CAG):

 Bring all private-public partnerships (PPPs), Panchayat Raj Institutions and government-
funded societies, within the ambit of the CAG.
 CAG Act of 1971 should be amended to keep pace with the changes in governance.
 A collegium type mechanism to choose a new CAG on the lines of selecting a Chief
Vigilance Commissioner (CVC).
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 Discussion and deliberation of CAG report put forward by the President instead of
sweeping under the table.
Above reforms are reflected by many exerts.
There’s also voice to make CAG a multimember body like ECI. There was mandate for
multimember ECI but not for CAG. Multimember ECI was to share the burden of increased work.
Also the nature of function of CAG and ECI are different. CAG estimates losses and estimates, for
this CAG has to speak in unified voice with one voice. The nature of institution of CAG must be
collective and not personal calculation hence CAG is continues as one member body.
There is also demand to strengthen CAG not weaken it, which is the trend across the globe. In
USA, auditing office is not simply to scrutiny government bills and receipts but has to evaluate
government programs, policy analysis. Regular work is only 15%. Similar changes in Australia New
Zeal Canada. In UK there is a legal backing to ensure efficiency economy and effectiveness.
In India, CAG acts only as auditor not comptroller as he has no control over preprogram funds
dispensation. CAG act is considered as post mortem. But in countries like UK New Zealand,
auditing office can stop flow of funds if it find any miss appropriation.
We also have some views where CAG is viewed as hurdle to development. Paul Apple by claims
CAG as colonial overhang and must be removed. He call it as repressive and negative influence
.But CAG should be seen as hedge that protects the traveler not the block that stop them.
But it’s safe to say that CAG along with ECI and Supreme Court have strengthen the faith in
democracy .The CAG activism since last decade is welcomed by public. The CAG may be nosy.
After all, an auditor is supposed to be nosy. And when there is a scam every now and then, the
CAG cannot help having a field day this should not be seen as overarching.

1.4 Union Public Service Commission (UPSC)

Conceptually bureaucracy and democracy are polar opposite. Democracy means power in the
hands of people, whereas bureaucracy means power in the hands of permanent executives. The
permanent civil service have been seen as inevitable part of modern and contemporary
governance. It is said that bureaucrat have become “New Despots”, which thrives under the cloak
of ministerial responsibility.
Some have compared the bureaucracy to franksteind monster that kill sits own creator. There are
some debatable issues related to permanent officials. Indian civil Service is considered as steel
frame but now regarded as cheap alloy. This points towards corruption politicization and lack of
professionalism. It’s because of this, India and other countries in third world are called as “over
developed state”.
Purpose
 To have professional public service in country
 To maintain quality of administration
 To ensure unbiased recruitment
 To protect interest of persons in these services

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The public service commission was created in 1926 on the recommendation of Itchison
committee. After independence constituent assembly recognized the need to give secure and
autonomous status to public service commission i.e. both state and union public commissions.
Article 315 to 323 deals with public service commission and all of its aspects. Article 315 deals
with commission and its creation. There might be single commission of two or more state, if such
law is passed by the parliament.
Article 316 deals with terms and appointment of its members, article 317 removal and suspension
of member and so on. The article 323 deals with report of commission that submitted to the
President/Governor which are presented to parliament/ assembly.
Functions (Article 320)
 To conduct examinations for appointments to the services of the Union and the services of
the State respectively (by state commission).
 To be consulted by government of the India on all matters related to recruitment to
services and post under union
 To be consulted on principles of employment, transfer department and disciplinary
matters.

1.5 National Commission for Scheduled Castes (NCSC)

The national Commission for schedule caste NCSC is constitutional body, created to safeguard the
interest of schedule castes India. Article 38 deals with commission for schedule caste and tribes,
It duties include investigate into complaints, monitor all programs for SC , advise government on
policy matters and participate in planning socio economic development of backward schedule
castes
Origin
Initially under the article 338, special officer was appointed, designated as commissioner for SC
and ST.
1n 1990, 65th amendment was passed that transferred one member body to multimember
institution, gave constitutional status to NCSC. However the body worked or both SC and ST.
In 2003, 89th amendment separated ST from SC and create separate constitutional body to ST
under newly added article 338A.
Article 341 deals with list of castes included as schedule castes. Initially published by the
President. The President may go for consultation of governor if necessity is felt. And then after the
list is changed by constitutional amendment. Thus executive is not given free hand to include or
exclude caste from list, rather parliament after deliberation can only bring changes to the list.

Structure of NCSC
It consists of chairman, vice chairman and three other members appointed by the President.

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Functions and duties of NCSC

The institution acts a civil court under the civil procedure code act. It has power to initiate
investigate and enquire on complaints pertaining to SC. Its duties could be broadly enumerated as
follows,
 Investigation: To investigate on complaints or matters related to SC and their rights.
 Enquiry: As civil court , it conducts proceedings with respect to deprivation of rights
 Advisory : Act as advisory body to government in various schemes and helps in planning
for socio-economic development of group
 Reporting: the commission submits report to president yearly, on its findings. The report is
submitted in the house of parliament and discussed.
 Any other function related to protection and welfare of the c community. Prescribed by
president or by law made by parliament.

1.6 National Commission for Scheduled Tribes (NCST)

The national Commission for schedule Tribes (NCST) is a constitutional body. From 89 th
amendment, the article 338A was inserted that accorded constitutional status to NCST and it was
separated from NCSC.
The composition is same as that of NCSC which includes chairman, vice chairman and three full
time members.
The article 342 deals with list of castes included as schedule tribes. Initially published by president
and in consultation of governor, if required. Later changes are done through constitutional
amendments.
The functions and duties are same as that of NCSC, with respect to scheduled tribes.

1.7 National Commission for Other Backward Classes (NCOBC)

The national Commission for other backward cases created after the case Indira Sawhney vs union
of India. It was a statutory body then, acting as tribunal entertaining, examining and
recommending upon requests for inclusion and complaints of over-inclusion and under-inclusion
in the list of OBCs. The 102rd constitutional amendment was passed by parliament in 2017. It
inserted the article 338B that establishes NCOBC as constitutional body.
Article 342b deals with list of OBCs. The structure of institution is same as that of SC and ST. the
duties and functions on same line. It is involved in advising, investigating, enquiring, reporting and
planning in issues related to OBCs.
Why constitutional status was accorded to NC-OBC?
 Before 102nd Constitutional amendment, the Commission merely has the power to
recommend inclusion or exclusion of communities in the OBC list. The power was vested in
executive to change this list which had become trump card for identity politics. Now with

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constitutional status, a bill must be passed in parliament with special majority to change
the list.
 The constitutional status will allow it to look into all matters regarding the welfare and
development of backward classes, as well as to investigate complaints like civil court in
same manner as NCSC and NCST. The amended Bill will give the Commission powers
equivalent to that of a civil court.
 It is aimed at providing justice to the socially and educationally backward sections of the
society.

It is a said as “A historic legislation that brings the backward sections of society to the front row
of the country's development”
Challenges
Merely giving constitutional status doesn’t solve or make development more inclusive, what we
need are
 Proper representation of backward section of society to be include growth story of the
country
 Reservation and affirmative action in accordance with empirical evidence not on power
politics
 Subcategorization of backward castes for effective targeting of beneficiaries. (Rohini
Committee)
 And last but not the least political parties must rise above the vote bank politics and work
towards social justice

1.8 Special Officer for Linguistic Minorities

The article 350B designates special office for linguistic minorities. Its single member constitutional
body appointed by the President.
What is a Linguistic Minority?
A linguistic minority is a class of people whose mother tongue is different from that of the
majority in the state or part of a state. The constitution provides for the protection of the
interests of linguistic minorities. About 36.3 million of India’s population (as per the Census of
2011) speak an “absolute minority language”.
In DAV vs State of Punjab, the Supreme Court had defined linguistic minority as that minority that
least has a spoken language, regardless of having a script or not. In the case TA Pai Foundation
and other vs State of Karnataka, it further held that the status of linguistic minority is to be
determined in context of states and not India as a whole.
Originally, the Constitution of India did not make any provision with respect to the Special Officer
for Linguistic Minorities. Later, the States Reorganization Commission (1953-55) made a
recommendation in this regard.
Accordingly, the Seventh Constitutional Amendment Act of 1956 inserted a new Article 350-B in
Part XVII of the Constitution. This article contains the following provisions:
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 There shall be a Special Officer for linguistic minorities to be appointed by the President.
 It shall be the duty of the Special Officer to investigate all matters relating to the safeguards
provided for linguistic minorities under this Constitution and report to the President upon
those matters at such intervals as the President may direct, and the President shall cause all
such reports to be laid before each House of Parliament, and sent to the Governments of the
States concerned.

Powers, Functions, and Responsibilities

The Commissioner has his headquarters at Allahabad (Uttar Pradesh). The office also has three
regional branches at Belgaum (Karnataka), Chennai (Tamil Nadu), and Kolkata (West Bengal). Each
is headed by an Assistant Commissioner. The Commissioner is assisted at headquarters by Deputy
Commissioner and an Assistant Commissioner.
The officer maintains liaison with the State Governments and Union Territories through nodal
officers appointed by them. At the Central level, the Commissioner falls under the Ministry of
Minority Affairs. The annual reports or other reports to the President through the Union Minority
Affairs Minister.
Why protection of languages and linguistic minorities is important?

India with diverse communities and culture is an example for mosaic fiber structure of society. This
wide variety of culture is both our strength and specialty. The main component of culture is language.
To use language as our strength not as dividing factor, we need to protect the people associated with
it. In our constitution schedule-8 recognized 22 languages, apart from that there are numerous
language. Some are official languages of state.

When a language dies, the knowledge of and ability to understand the culture who spoke it is
threatened because the teachings, customs, oral traditions and other inherited knowledge are no
longer transmitted among native speakers. When languages are neglected it leads to discontent
separatism. We have seen example in case of liberation of Bangladesh. The Catalan freedom
movement in Spain are one of few example across the globe.

The languages of minorities are still vulnerable to being surprised by major languages, but it
prerequisite of government to look into the people and their grievances. The article 351 which states
that it is the duty of union to promote the spread of Hindi language. Thus this article 350 and 351
may seem to be opposite, because protecting of minorities is not a zero sum game.

Quotes
S Y Qureshi, former CEC, says “don't need more powers, only fine-tuning of law”, (on model code of
conduct).

Benjamin Franklin says “The Constitution only gives people the right to pursue happiness. You
have to catch it yourself”
“ECI is a clueless third umpire in recent election “- Kidwai
No voter to be left behind- Theme of ECI

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Indian election are democracy’s biggest gamble- Ramachandra Guha

Y V Reddy in his book Indian Fiscal federalism, “Fiscal federalism is a game between the Union and
the states and among the states themselves, Indian Fiscal federalism lays bare the complex rules
of play”
Vinod Rai former CAG, has turned the office into a potent people's watchdog.

Questions
1. The role of comptroller and auditor general of India in promoting good governance.
Comment
2. 2. Discuss the working of National Commission for Scheduled Caste to curb the violence
against Dalits
3. The comptroller and auditor general of India enhances the accountability of the
government and serves as the watchdog of finances of government. Explain
4. Examine the role and functioning of the Election Commission of India and the comptroller
and auditor general of India in last two decades

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