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Constitutional Bodies (UPSC, EC, Finance Commission, CAG, AG)

Composition, appointment, removal, and functions of the major constitutional bodies of India: UPSC, Election Commission, Finance Commission, CAG, Attorney General, and related quasi-constitutional bodies.

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Veröffentlicht am 25.04.2026
UPSCPolityConstitutional BodiesGS-IIPrelims

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  1. #1

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    What is the difference between a CONSTITUTIONAL BODY and a STATUTORY BODY?

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    CONSTITUTIONAL BODY: Established by an Article of the Constitution itself (e.g., UPSC, EC, Finance Commission, CAG, AG). STATUTORY BODY: Created by an ordinary Act of Parliament (e.g., NHRC, CIC, NITI Aayog [executive], SEBI, RBI [established by RBI Act 1934, but is statutory]). EXTRA-CONSTITUTIONAL/EXECUTIVE BODY: Created by executive resolution (e.g., NITI Aayog).

  2. #2

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    List the MAJOR Constitutional Bodies established by the Constitution.

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    (1) Election Commission (Art 324). (2) UPSC and SPSCs (Arts 315–323). (3) Finance Commission (Art 280). (4) CAG (Arts 148–151). (5) Attorney General of India (Art 76). (6) Advocate General of State (Art 165). (7) National Commission for SCs (Art 338). (8) National Commission for STs (Art 338A). (9) National Commission for Backward Classes (Art 338B — by 102nd Amend). (10) GST Council (Art 279A — by 101st Amend). (11) Special Officer for Linguistic Minorities (Art 350B). (12) Inter-State Council (Art 263).

  3. #3

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    Which Articles deal with the Election Commission of India?

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    Articles 324 to 329 in Part XV.

  4. #4

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    Article 324 — composition of the Election Commission.

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    Multi-member body: CHIEF ELECTION COMMISSIONER (CEC) + such number of other Election Commissioners as the President may from time to time fix. Currently: 1 CEC + 2 ECs (since 1993).

    Erklärung

    Originally a single-member body. Made multi-member temporarily in 1989, reverted, then permanently multi-member from 1 October 1993.

  5. #5

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    How are the CEC and ECs APPOINTED?

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    By the PRESIDENT. Until 2023, no specified procedure — purely executive appointment. Per the SC in Anoop Baranwal v. Union of India (2023), interim mandate: by a committee of PM + Leader of Opposition (or largest opposition party) + CJI. The CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 replaced CJI with a Union Cabinet Minister nominated by the PM in the selection committee.

    Erklärung

    Anoop Baranwal citation: 2023 SCC OnLine SC 216.

  6. #6

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    Term and removal of CEC?

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    TERM: 6 years OR UNTIL the age of 65, WHICHEVER IS EARLIER. REMOVAL: Same procedure as a SUPREME COURT JUDGE — by the President on grounds of proved misbehaviour or incapacity, after a parliamentary address passed by special majority of both Houses.

    Erklärung

    This high removal threshold protects CEC's independence. ECs (other than CEC) can be removed only on RECOMMENDATION of the CEC.

  7. #7

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    Powers of the Election Commission?

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    (1) SUPERINTENDENCE, DIRECTION, AND CONTROL of the entire process of elections to Parliament, State Legislatures, President, and Vice-President (Art 324). (2) Preparation of electoral rolls. (3) Conduct of free and fair elections. (4) Recognition of political parties; allotment of symbols. (5) Settle disputes regarding party splits/mergers. (6) MODEL CODE OF CONDUCT enforcement during elections. (7) Recommends disqualification under Article 103/192.

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    Article 329 — bar on courts in electoral matters.

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    (1) The validity of any law relating to delimitation of constituencies cannot be called in question in any court. (2) No election shall be called in question except by an election petition presented to the HIGH COURT (with appeal to SC).

  9. #9

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    Which Articles deal with the Union Public Service Commission (UPSC)?

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    Articles 315 to 323 in Part XIV.

  10. #10

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    Composition of the UPSC?

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    A CHAIRMAN + such number of OTHER MEMBERS as the President may determine (typically 9–11). Half of the members must have at least 10 years of experience in central or state government services.

    Erklärung

    The Constitution does not specify the strength — left to the President's discretion. Members hold office for 6 YEARS or till age 65, whichever is earlier.

  11. #11

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    How are UPSC Chairman and members APPOINTED?

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    By the PRESIDENT of India. Constitution does not specify qualifications for members.

  12. #12

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    How is a member of UPSC REMOVED?

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    By the PRESIDENT, only on grounds of: (a) misbehaviour after referral to and inquiry by the SUPREME COURT; OR (b) insolvency, paid employment outside duties, or unfit on grounds of mind/body. SC's advice in case of misbehaviour is BINDING on the President (Article 317).

    Erklärung

    This is unique — SC's advice is normally not binding (e.g., under Art 143 it's advisory).

  13. #13

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    Functions of UPSC?

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    (1) Conducts examinations for appointments to ALL-INDIA SERVICES, CENTRAL SERVICES, and PUBLIC SERVICES of UTs. (2) Assists STATES, on request, in framing schemes for joint recruitment. (3) Advises on: (a) all matters relating to recruitment methods, (b) principles for promotion/transfer, (c) disciplinary matters, (d) claims for legal expenses by civil servants, (e) pension claims. (4) Submits ANNUAL REPORT to President — laid before Parliament.

  14. #14

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    What matters does the UPSC NOT advise on?

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    (1) Reservations of posts in services for SCs/STs/OBCs. (2) Selections to chairmanship/membership of commissions/tribunals. (3) Highest diplomatic posts. (4) Any other matter the President excludes by regulations made under Art 320(3).

  15. #15

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    What restriction applies to UPSC members AFTER their term?

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    Article 319 — Post-retirement restrictions: CHAIRMAN of UPSC: not eligible for further employment under Government of India or State Government. MEMBER of UPSC: eligible to be Chairman of UPSC OR Chairman/Member of any State PSC, but NO other employment under GoI/State.

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    Which Article establishes the Finance Commission?

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    Article 280, in Part XII.

  17. #17

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    Composition of the Finance Commission?

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    CHAIRMAN + 4 OTHER MEMBERS, all appointed by the PRESIDENT every 5 YEARS (or earlier as President considers necessary).

    Erklärung

    Qualifications (Finance Commission Act, 1951): Chairman — experience in public affairs. 4 members — should have qualifications such as: HC judge or qualified to be one, knowledge of government finance/accounts, experience in financial matters/administration, special knowledge of economics.

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    Functions of the Finance Commission?

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    Recommends to the President: (1) DISTRIBUTION of net proceeds of taxes between Union and States, and amongst States (vertical and horizontal devolution). (2) PRINCIPLES governing GRANTS-IN-AID to States from the Consolidated Fund of India. (3) MEASURES to augment the Consolidated Fund of a State to supplement resources of Panchayats/Municipalities. (4) Any other matter referred by the President.

    Erklärung

    15th Finance Commission (chair: N.K. Singh) — covers 2021–26. 16th Finance Commission constituted in December 2023 (chair: Arvind Panagariya) — for 2026–31.

  19. #19

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    Are Finance Commission recommendations binding on the President / Government?

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    NO. They are RECOMMENDATORY in nature. However, by convention, the government accepts most recommendations and lays an EXPLANATORY MEMORANDUM before Parliament for any non-acceptance.

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    Which Articles deal with the Comptroller and Auditor-General (CAG)?

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    Articles 148 to 151, in Part V, Chapter V.

  21. #21

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    How is the CAG appointed and removed?

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    APPOINTMENT: By the PRESIDENT under his hand and seal. REMOVAL: Same procedure as a SUPREME COURT JUDGE — special majority of both Houses on grounds of proved misbehaviour or incapacity.

    Erklärung

    TERM: 6 YEARS or 65 YEARS of age, whichever is earlier. Eligible for re-appointment? — NO further employment under GoI/State after retirement. Salary equal to that of a SC judge. Charged on the Consolidated Fund.

  22. #22

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    Functions of the CAG?

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    (1) AUDIT all RECEIPTS and EXPENDITURE from the Consolidated Fund of India and States, Contingency Fund, and Public Account. (2) Audit ALL TRANSACTIONS of Centre and States (revenue, capital, trading, manufacturing). (3) Audit accounts of any AUTHORITY/BODY substantially financed from Centre/State funds. (4) Audit Government companies (under Companies Act). (5) Submit AUDIT REPORTS to President/Governor — laid before Parliament/State Legislature.

    Erklärung

    Three audit reports: (a) Audit Report on Appropriation Accounts. (b) Audit Report on Finance Accounts. (c) Audit Report on Public Sector Undertakings.

  23. #23

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    Dr. Ambedkar described which body as the 'most important officer under the Constitution'?

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    The COMPTROLLER AND AUDITOR-GENERAL (CAG). Ambedkar said: 'The CAG shall be the most important officer under the Constitution of India... his duties are far more important than those of even the judiciary.'

    Erklärung

    Source: Constituent Assembly Debates.

  24. #24

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    Limitations on CAG's audit powers?

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    CAG does NOT audit: (1) Secret service expenditure (where details are not provided). (2) Some commercial undertakings (where Companies Act provisions apply with modifications). (3) The CAG's audit powers can be restricted by Parliament under Article 149.

  25. #25

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    Article 76 — Attorney General of India.

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    Highest law officer of India. Appointed by the PRESIDENT. Must be qualified to be a SC judge (citizen, HC judge for 5 years OR HC advocate for 10 years OR distinguished jurist). Holds office DURING THE PLEASURE of the President. No fixed term. Receives such remuneration as the President may determine.

  26. #26

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    Functions of the Attorney General of India?

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    (1) ADVISES the GoI on legal matters referred to him. (2) PERFORMS legal duties assigned by the President. (3) Discharges functions conferred on him by the Constitution / any other law. (4) Can take part in proceedings of PARLIAMENT and any of its committees, but has NO RIGHT TO VOTE. (5) RIGHT OF AUDIENCE in all courts in India.

    Erklärung

    AG is NOT a member of the Cabinet. Below AG: Solicitor General of India and Additional Solicitors General — assist the AG.

  27. #27

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    Restrictions on the Attorney General?

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    (1) Cannot advise/hold brief AGAINST the GoI. (2) Cannot advise on matters in which he is required to give advice TO the GoI. (3) Cannot defend an accused in a criminal prosecution without GoI's permission. (4) Cannot accept appointment as a director of any company without GoI's permission.

    Erklärung

    AG CAN accept private legal practice (unlike Solicitor General).

  28. #28

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    Difference between AG and Solicitor General?

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    ATTORNEY GENERAL: Constitutional post (Art 76). Appointed by President. Highest law officer. Right of audience in all courts. SOLICITOR GENERAL: Statutory post (NOT in the Constitution). Subordinate to the AG. Appointed by the Appointments Committee of Cabinet. Cannot engage in private practice (unlike AG).

  29. #29

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    Article 165 — Advocate General of State.

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    State equivalent of the AG. Appointed by the GOVERNOR. Must be qualified to be a HC judge. Highest law officer of the State. Holds office during the pleasure of the Governor.

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    Article 263 — Inter-State Council.

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    Empowers the PRESIDENT to establish an INTER-STATE COUNCIL when public interest requires — for inquiry into and advice upon disputes between States, investigation/discussion of subjects of common interest, recommendations for coordination of policy and action.

    Erklärung

    Established in 1990 on Sarkaria Commission's recommendation. Composition: PM (Chairman), CMs of all states, CMs of UTs with legislatures, Administrators of UTs without legislatures, 6 Union Ministers nominated by PM.

  31. #31

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    Article 280 vs Article 281 — Finance Commission process.

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    Article 280: Constitution of Finance Commission (every 5 years). Article 281: Recommendations of the Finance Commission shall be laid before BOTH HOUSES OF PARLIAMENT, along with an EXPLANATORY MEMORANDUM as to action taken thereon.

  32. #32

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    Article 338 — National Commission for Scheduled Castes.

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    Constitutional body established by 65th Amendment, 1990 (split from earlier joint SC-ST commission). Composition: Chairperson + Vice-Chairperson + 3 other members appointed by the PRESIDENT. Functions: investigate matters relating to safeguards for SCs; report to the President; advise GoI on policies.

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    Article 338A — National Commission for Scheduled Tribes.

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    Constitutional body established by 89th Amendment, 2003 (separated from NCSC). Composition: Chairperson + Vice-Chairperson + 3 other members. Functions: similar to NCSC but for STs.

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    Article 338B — National Commission for Backward Classes (NCBC).

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    Constitutional body — granted constitutional status by the 102nd Amendment, 2018. (Earlier was statutory under NCBC Act, 1993.) Composition: Chairperson + Vice-Chairperson + 3 other members.

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    Article 350B — Special Officer for Linguistic Minorities.

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    Constitutional post; appointed by the President. Investigates matters relating to safeguards for linguistic minorities and reports to the President. Inserted by the 7th Amendment, 1956.

  36. #36

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    Important STATUTORY BODIES (not constitutional, but exam-relevant) — name 5.

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    (1) NHRC — National Human Rights Commission (Protection of Human Rights Act, 1993). (2) NCW — National Commission for Women (NCW Act, 1990). (3) Lokpal — Lokpal & Lokayuktas Act, 2013. (4) CIC — Central Information Commission (RTI Act, 2005). (5) NITI Aayog — established 2015 (executive resolution; replaced Planning Commission). (6) CVC — Central Vigilance Commission (CVC Act, 2003). (7) NIA — National Investigation Agency (NIA Act, 2008). (8) Lokayukta — state-level statutory ombudsman.

  37. #37

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    Composition of NHRC (National Human Rights Commission)?

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    Chairperson + 4 Members (with effect from 2019 amendment): Chairperson must be a former CJI OR a former SC judge. Member 1: a current/former SC judge. Member 2: a current/former Chief Justice of HC. Two members with knowledge of human rights. Plus 7 ex-officio members (Chairs of NCW, NCSC, NCST, NCBC, NCM, NCPCR, CCPD).

    Erklärung

    Reformed by Protection of Human Rights (Amendment) Act, 2019.

  38. #38

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    How is NHRC Chairperson removed?

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    By the President, only on grounds of proved misbehaviour or incapacity, after an inquiry by a SUPREME COURT judge. Term: 3 YEARS or 70 years, whichever is earlier (per 2019 amendment, reduced from 5 years).

  39. #39

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    Lokpal — composition?

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    Chairperson + maximum 8 members (50% from SC/ST/OBC/Minorities/Women). Chairperson: a former CJI / former SC judge / eminent person. Selection by a committee: PM + Speaker + LoP in LS + CJI (or his nominee) + an eminent jurist nominated by the President. Established 2014; first Chairperson: Justice Pinaki Chandra Ghose (2019).

  40. #40

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    GST Council vs Finance Commission — what's the difference?

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    FINANCE COMMISSION (Art 280): Established every 5 years. Recommends Centre–State tax devolution and grants. Recommendatory. GST COUNCIL (Art 279A): Permanent body. Recommends GST rates and policy. Voting weighted (Centre 1/3, States 2/3). Decisions taken by 3/4th majority of weighted votes. Established by 101st Amendment (2016).

  41. #41

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    Comptroller and Auditor General — DPC Act?

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    The CAG's Duties, Powers and Conditions of Service (DPC) Act, 1971 — defines and regulates the duties, powers, and conditions of service of the CAG.

  42. #42

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    Which constitutional body has the SAME removal procedure as a SUPREME COURT JUDGE?

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    (1) Chief Election Commissioner. (2) Comptroller and Auditor-General (CAG). (3) Judges of the Supreme Court. (4) Judges of High Courts. (5) Chairperson and Members of UPSC (only on misbehaviour, after SC inquiry).

    Erklärung

    Note: ECs (other than CEC) can be removed only on the recommendation of the CEC — different procedure.

  43. #43

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    Cite three landmark cases on the Election Commission.

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    (1) Mohinder Singh Gill v. Chief Election Commissioner (1978) — EC has plenary powers under Art 324, including residuary powers not mentioned in statute. (2) S.S. Dhanoa v. Union of India (1991) — held the original single-member EC was constitutionally valid. (3) Anoop Baranwal v. Union of India (2023) — laid down the interim collegium for appointment of CEC/ECs.