Gs-1

Constitutional Bodies
Election Commission:

Independent body;

Article 324-power of superintendence, direction and control of elections to parliament, state

legislatures,prez,VP and SEC for panchayats and municipalities in the states.

COMPOSITION:

Art 324: CEC and other election Comm'rs, by prez.

If any ele Comm'r is so appointed, the CEC shall act as the chairman.

president appoint regional Comm'rs after consulting Ele Comm'r to assist commission ;

conditions+ tenure of ele comm'r and the regional comm'r - det by prez.

1950- 1989, EC functioned as a single member body;

61st CAA,1989: Voting age from 21 to 18. prez appointed two more ele Comm'rs. abolished in 1990;

again reinforced in 1993- since then multimembered body.

CEC = two other Elec Comm'rs - equal powers, salary, allowances and other perquisites, similar to
judge of SC; difference of opinion matter decided by majority ;

term = 6 years or 65 years age / resign or removed before the expiry of their term.

INDEPENDENCE:

1. Article 324( To ensure independent and impartial function):

2. CEC is provided with the security of tenure.
3. Removal manner : on the same grounds as of a judge of SC, removed by the prez by special
majority in both the houses, grounds: proved misbehaviour or incapacity,
4. does not hold his office till the pleasure of the president, though he is appointed by him.
5. The service conditions of the CEC cannot be varied to his disadvantage after his appointment.
6. Any other Ele Comm'rs or a regional Comm'rs cannot be removed from office except on the
recommendation of the CEC.
Note(flaws):

Constit'n has not prescribed the qualifications of EC,

not specified the term of the mem ,not debarred the retiring Elec Comm'rs from any further
appointment by the government.

POWERS AND FUNCTIONS :

1. Administrative
• To determine the territorial areas of the electoral constituencies on the basis of the Delimitation
Commission Act of Parliament;
• prepare and periodically revise electoral rolls and to register all eligible voters.
• notifies the dates and schedules of elections and to scrutinise nomination papers ;
• granting recognition to political parties and allot election symbols to them.
• determine the code of conduct to the PP and the candidates at the time of elections.
• prepares a roster for publicity of the policies of the PP on radio and TV in times of elections.
• To cancel polls in the event of rigging, booth capturing, violence and other irregularitiesm;
• request the prez or the governer for requisitioning the staff necessary for conducting elections.
• To register political parties for the purpose of elections and grant them the status of national or
state parties on the basis of their poll performance.
• To supervise the machinery of elections throughout the country to ensure free and fair elections

2. Quasi-Judicial:

• acts as a court for settling disputes related to granting of recog of PP and allotment of elec symbols
to them;
• appoint officers for inquiring into disputes relating to electoral arrangements;

3. Advisory:
• advise the prez on matters relating to the disqualifications of an MP;
• advise the governor on matters relating to the disqualifications of the members of state legislature;
• advise the prez whether elections can be held in a state under prez's rule in order to extend the
period of emergency after one year;

• At the center, The EC is assisted by dpy elec Comm'rs. They are drawn from the civil service and
appointed by the commission with tenure system. They are assisted, in turn, by the secretaries, joint
secretaries.
• At the state level, the EC is assisted by the chief electoral officer who is appointed by the CEC in
consultation with the state government.
• At the district level, the collector acts as the district returning officer. He appoints a returning
officer for every constituency in the district and presiding officer for every polling booth in the
constituency.

1. Vision: active engagement, participation,deepening and strengthening electoral democracy

2. Mission: Independence/integrity and autonomy/accessibility/inclusiveness/ethical participation
of stakeholders/professionalism/ free, fair, and transparent elections to strengthen the trust in
electoral democracy and governance.
3. Guiding Principles:
• uphold constutional values viz, equality, equity, impartiality, independence; and rule of law ;
• conduct elections with highest standard of credibility, freeness, fairness, transparency, integrity,
accountability, autonomy and professionalism;
• ensure participation of all eligible citizens in the electoral process in an inclusive voter centric and
voterfriendly environment;
• engage with political parties and all stakeholders in the interest of electoral process;
• promote awareness about the electoral process and electoral governance amongst stakeholders
namely, voters, political parties, election functionaries, candidates and people at large;
• to enhance and strengthen confidence and trust in the electoral system of this country;
• build quality infrastructure for smooth conduct of electoral process;
• To adopt technology for improvement all areas of electoral process;
• Strive for adoption of innovative practices for achieving excellence and overall realization of the
vision and mission;
• contribute towards the reinforcement of democratic values by maintaining and reinforcing
confidence and trust of the people in the electoral system of the country.
The Parliament has made the Delimitation Commission Acts in 1952, 1962, 1972 and 2002.(4 comm;s).

UNION PUBLIC SERVICE COMMISSION/ STATE PUBLIC SERVICE COMMISSION.

UPSC

COMPOSITION Chairman+ other mem appointed by the Pre

.discretion - prez to decide the strength (co
doesn't specify) : 9-11 incl Chairman

QUALIFICATIONS 50%of the members of the Commission atle

years either under the GoI or under State go
Const authorises the prez to determine the
of service of the chairman and other memb
Commission.

Term 6 years or 65 years age , whichever is earl

Resignation to the president. removed by th
president in the manner as provided in the
Constitution.

ACTING CHAIRMAN Pres appoints acting chairman when office

chairman falls vacant/ absence or some ot

REMOVAL • Adjudged an insolvent (that is, has go

bankrupt);
 • engages in any paid employment out
duties of his office;
• Infirmity of mind or body; or misbeha
this case) the prez has to refer the ma
SC for an enquiry. If the SC, after the
upholds the cause of removal and adv
the president can remove the chairma
member. Under the prov'n of the Cons
the advise tendered by the SC in this
binding on the prez. During the cours
enquiry by the SC, the prez can suspe
chairman or the member of UPSC.
• Defining the term ‘misbehaviour’ the
Constitution states if he is concerned
in any contract/agreement made by t
india/state or participates in any way
profit of such contract or agreement.

INDEPENDENCE • Can be removed from office by the pr

the manner and on the grounds menti
the Constitution. Therefore, they enjo
of tenure.
• The conditions of service of the cha
member cannot be varied to his disad
after his appointment.
• The entire expenses including the sa
allowances and pensions of the chair
members of the UPSC are charged on
they are not subject to vote of Parliam
• The chairman of UPSC (on ceasing to
office) is not eligible for further emplo
the Government of India or a state.
• A member of UPSC (on ceasing to ho
is eligible for appointment as the chai
UPSC or SPSC but not for any other
employment in the Government of Ind
state.
• The chairman or a member of UPSC
having completed his first term) not e
reappointment to that office.

FUNCTIONS • It conducts examinations for appoint

 the all India services, Central service
public services of the centrally admin
territories.
• It assists the states (if requested by t
more states to do so) in framing and o
schemes of joint recruitment for any s
for which candidates possessing spec
qualifications are required.
• It serves the needs of a state on the r
the state governor and with the appro
prez.
• It is consulted on the following matter
to personnel management:
1. All matters relating to methods of rec
to civil services/ civil posts.
2. The principles to be followed in maki
appointments to civil services and po
making promotions and transfers fro
service to another
3. The suitability of candidates for app
to civil services and posts;
4. promotions and transfers from one s
another; and appointments by transf
deputation.
5. The concerned departments make
recommendations for promotions an
the UPSC to ratify them.
6. All disciplinary matters affecting a p
serving under the Government of Ind
capacity including memorials or petit
relating to such matters. These includ
Censure (Severe disapproval) – With
increments/ Withholding of
promotions/Recovery of pecuniary lo
Reduction to lower service or rank(De
/Compulsory retirement/ Removal fro
service/ Dismissal from service.
7. Any claim for reimbursement of lega
incurred by a civil servant in defendin
proceedings instituted against him in
acts done in the execution of his offic
 8. Any claim for the award of a pension
of injuries sustained by a person wh
under the GoI and any question as to
amount of any such award.
9. Matters of temporary appointments f
exceeding one year and on regularisa
appointments.
10. Matters related to grant of extension
and reemployment of certain retired
servants.
11. Any other matter related to personne
management.

LIMITATIONS • While making reservations of appoint

posts in favour of any backward class
citizens/ While taking into considerati
claims of SC&ST in making appointme
services and posts.
• With regard to the selections for chair
or membership of commissions or tri
posts of the highest diplomatic natur
bulk of group C and group D services
• With regard to the selection for tempo
officiating appointment to a post if th
appointed is not likely to hold the pos
than a year.
• The prez can exclude posts, services
matters from the purview of the UPSC
• The Constitution states that the presi
respect to the all- India services and
services and posts may make regula
specifying the matters in which, it sh
necessary for UPSC to be consulted.
• But all such regulations made by the p
shall be laid before each House of Pa
for at least 14 days. The Parliament c
or repeal them.

ROLE • The Constitution visualises the UPSC

‘watch-dog of merit system’ in India.
• It is concerned with the recruitment t
India services and Central services. I
 India services and Central services. I

concerned with the classification of s

pay and service conditions, cadre
management, training, and so on.
• These matters are handled by the DoP
the three departments of the Ministry
Personnel, Public Grievances and Pe
Therefore, UPSC is only a central recr
agency while the DoPT is the central
agency in India.
• The role of UPSC is not only limited, b
recommendations made by it are only
advisory nature and hence, not bindi
government. It is upto the Union gove
accept or reject that advise.
• The only safeguard is the answerabili
government to the Parliament for dep
from the recommendation of the Com
Further, the government can also mak
which regulate the scope of the advis
functions of UPSC.
• The emergence of Central Vigilance
Commission (CVC) in 1964 affected t
UPSC in disciplinary matters. This is b
both are consulted by the governmen
taking disciplinary action against a c
servant. The problem arises when the
bodies tender conflicting advise. How
UPSC, being an independent constitu
body, has an edge over the CVC, whi
created by an executive resolution of
Government of India and conferred a
status in October 2003.

ARTICLES Independent Body; Art 315 to 323 in Part X

315- UPSC/SPSC.

316- Appointment/Term.
317- Removal/Suspension.

318- Power to regulate conditions of servic

319-Prohibits holding office after ceasing t

320-Functions.
 320-Functions.

321-Powers to exctend Functions.

322-Expenses.

323-Reports.

IMPORTANT POINTS • Any irregularity in consultation with th

acting w/o consultation does not inv
decision of the govt Thus, the prov is
and not mandatory. Similarly, the cou
that a selection by the UPSC does no
any right to the post upon the candid
• the jurisdiction of UPSC can be exten
act made by the Parliament. It can pla
personnel system of any authority, c
body or public institution within the ju
of the UPSC
• The UPSC presents, annual report to
Prez places this report before both th
+ memorandum explaining the cases
the advice of the Commission was no
accepted and the reasons for such n
acceptance.
• All such cases of non-acceptance m
approved by the Appointments Comm
the Union cabinet. An individual mini
department has no power to reject th
of the UPSC.