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Polity · CDS

POC10 — Constitutional & Non-Constitutional Bodies

⚖ POC10 · Indian Polity – X · Chapter 10 CDS Level ★ High Priority

📌 CDS Focus: Questions test article numbers, appointing authority, term, and removal procedure for each body. The Finance Commission vs NITI Aayog distinction, CAG's role, Election Commission composition, and UPSC are directly tested. For non-constitutional bodies: NITI Aayog (replaced Planning Commission in 2015), NHRC, and Lokpal are favourite questions. CIC and RTI Act 2005 are frequently asked.

PART A — CONSTITUTIONAL BODIES

1. Constitutional Bodies — Article-wise

🗳️

Election Commission of India

Article 324

Conducts elections for President, VP, Parliament, State Legislatures
Composition: CEC + Election Commissioners (currently 2 ECs); appointed by President
CEC removed by same procedure as SC judge (impeachment); ECs removed on CEC's recommendation
Term: 6 years OR 65 years of age (whichever earlier)
Salary charged on Consolidated Fund
Model Code of Conduct — NOT statutory; enforced by EC

📋

UPSC — Union Public Service Commission

Article 315

Recruits for All-India Services (IAS, IPS, IFS) and Central Services
Chairman + members appointed by President; not more than half can be from government service
Term: 6 years OR 65 years of age
Removal: President on reference to SC (misbehaviour); otherwise President's pleasure
Annual report submitted to President
Art. 320 — functions of UPSC (examinations, appointments, DPC)

💰

Finance Commission

Article 280

Constituted every 5 years by President
Recommends distribution of tax revenues between Centre and States
Recommends grants-in-aid to states (Art. 275)
Chairman + 4 members; quasi-judicial body
16th Finance Commission constituted 2023 (under Dr. Arvind Panagariya)
NOT a permanent body — constituted afresh each time

🔍

CAG — Comptroller & Auditor General

Article 148

Head of Indian audit and accounts; "guardian of the public purse"
Audits accounts of Union and State governments
Appointed by President; removed by same procedure as SC judge
Term: 6 years OR 65 years (whichever earlier); cannot hold further office after retirement
Reports submitted to President (Union) / Governor (State)
Salary charged on Consolidated Fund

⚖️

Attorney General of India

Article 76

First law officer of Government of India
Appointed by President; must be qualified to be SC judge
Has right of audience in all courts; can participate in Parliament proceedings (without voting)
Holds office during President's pleasure (no fixed term)
NOT a full-time government servant; can practice privately
Advocate General = state-level equivalent (Art. 165)

📊

Special Officers

Articles 338, 338A, 340

National Commission for SC (Art. 338) — safeguards for SCs; reports to President
National Commission for ST (Art. 338A) — added by 89th Amendment; separate from SC commission
National Commission for BC (Art. 340 → now 342A via 102nd Amendment) — examine conditions of BCs
National Commission for OBCs — 102nd Amendment 2018 granted constitutional status

1.1 Finance Commission vs NITI Aayog — Key Distinctions PYQ

Aspect	Finance Commission (Art. 280)	NITI Aayog
Status	Constitutional body	Non-constitutional (executive body); replaced Planning Commission 2015
Established	Every 5 years	2015; permanent; no constitutional basis
Function	Recommends Centre-State tax distribution; grants-in-aid	Policy think tank; strategic planning; cooperative federalism
Head	Chairman (4 members)	PM is Chairperson; CEO + Vice-Chairman
Binding?	Recommendations quasi-binding (President usually accepts)	Advisory only; no powers to allocate funds

PART B — NON-CONSTITUTIONAL BODIES

2. Non-Constitutional Bodies

🏛️

NITI Aayog

Non-Constitutional (Exec. Resolution Jan 2015)

Replaced Planning Commission (est. 1950) on 1 January 2015
Chairperson: Prime Minister; Vice-Chairman + CEO appointed by PM
Differences from Planning Commission: No power to allocate funds; states have more say; advisory role; cooperative federalism emphasis
Planning Commission had powers — NITI Aayog is purely advisory
Introduced 3-year Action Agenda, 7-year strategy, 15-year vision document

🛡️

NHRC — National Human Rights Commission

Protection of Human Rights Act 1993

Statutory body (NOT constitutional); set up under PHRA 1993
Chairman: Retired CJI; Members: retired SC/HC judges
Investigates violations of human rights; can recommend compensation
Cannot investigate complaints against armed forces (only recommend to govt)
Complaints must be filed within 1 year of violation

📢

CIC — Central Information Commission

RTI Act 2005

Set up under Right to Information Act 2005
Chief Information Commissioner + up to 10 Information Commissioners
Appointed by President on committee recommendation (PM, Leader of Opposition, Cabinet Minister)
Hears second appeals and complaints against Public Information Officers
RTI Act 2005: Citizens can request information from public authorities within 30 days

🔍

CBI — Central Bureau of Investigation

DSPE Act 1946 (Delhi Special Police Establishment Act)

NOT constitutional; NOT statutory — executive body under DSPE Act
Investigates corruption, economic crimes, special crimes
Under Ministry of Personnel, Public Grievances and Pensions
Cannot investigate state matters without state's consent (general or specific)
SC called it "caged parrot" in coal scam case (2013)

⚖️

Lokpal & Lokayukta

Lokpal & Lokayuktas Act 2013

Lokpal = national anti-corruption ombudsman; set up by Lokpal and Lokayuktas Act 2013
Covers PM (with conditions), ministers, MPs, bureaucrats in corruption cases
Chairperson: Retired CJI or SC judge; 8 members (4 judicial + 4 non-judicial)
First Lokpal: Justice Pinaki Chandra Ghose (2019)
Lokayukta = state-level equivalent; established by states under own laws

⚠ Bodies Traps: (1) Finance Commission = constitutional (Art. 280); NITI Aayog = non-constitutional. (2) NHRC = statutory (not constitutional — PHRA 1993). (3) CBI = NOT statutory — it works under DSPE Act 1946, but the CBI itself was created by executive resolution. (4) Attorney General can participate in Parliament BUT cannot vote. (5) CAG cannot hold any further office after retirement. (6) Finance Commission = constituted every 5 years (NOT permanent). (7) CEC removal = same as SC judge; EC removal = on CEC recommendation — different procedures.

⚡ POC10 Memory Chart — Fast Revision

📋 Constitutional Bodies

Election Commission — Art. 324
UPSC — Art. 315
Finance Commission — Art. 280
CAG — Art. 148
Attorney General — Art. 76

🗳️ Election Commission

CEC + 2 ECs; appointed by President
Term: 6 yrs or 65 yrs
CEC removed like SC judge
EC removed on CEC recommendation
Model Code = non-statutory

💰 Finance Commission

Art. 280; constituted every 5 years
NOT permanent body
Recommends Centre-State tax sharing
Recommends grants-in-aid (Art. 275)
16th FC: 2023 (Dr. Panagariya)

🔍 CAG

Art. 148; "guardian of public purse"
Appointed by President
Removed like SC judge
Term: 6 yrs or 65 yrs
Cannot hold further office after retirement

🏛️ NITI Aayog

Replaced Planning Commission: 1 Jan 2015
Non-constitutional; advisory only
Chairperson: PM; CEO by PM
No fund allocation powers
Cooperative federalism emphasis

⚖️ Lokpal & CBI

Lokpal: Lokpal Act 2013; statutory
First Lokpal: Justice P.C. Ghose (2019)
CBI: DSPE Act 1946; executive body
CBI needs state consent for state cases
NHRC: PHRA 1993; statutory

📄 Topic-Wise PYQs & Tricky Questions

Q1. The Finance Commission of India is constituted under which Article? CDS PYQ

(a) Article 270(b) Article 275(c) Article 280(d) Article 315

✔ Answer: (c) Article 280

The Finance Commission is constituted under Article 280 of the Constitution. It is a constitutional body set up every 5 years by the President to recommend distribution of taxes between Centre and States (vertical devolution) and among states (horizontal devolution). Article 275 deals with grants-in-aid which the FC also recommends. Article 315 is UPSC; Article 270 deals with distribution of taxes.

Q2. The NITI Aayog replaced the Planning Commission in: CDS PYQ

The NITI Aayog (National Institution for Transforming India) was established on 1 January 2015 by an executive resolution of the Union Cabinet under PM Narendra Modi, replacing the Planning Commission (established in 1950). Unlike the Planning Commission, NITI Aayog has no power to allocate funds to states — it is purely an advisory/think-tank body. The PM is the Chairperson.

Q3. The CAG of India submits its audit reports to: CDS PYQ

(a) Finance Minister(b) Prime Minister(c) President (for Union) / Governor (for State)(d) Parliament directly

✔ Answer: (c) President (for Union) / Governor (for State)

The CAG submits audit reports on Union government accounts to the President, who then causes them to be laid before Parliament. For state government accounts, the CAG's reports are submitted to the respective Governor, who causes them to be laid before the State Legislature. These reports are then examined by the Public Accounts Committee (PAC). The CAG does NOT submit reports directly to Parliament — they go through the President/Governor.

Q4. Which of the following is a statutory body (created by an Act of Parliament)? Tricky

(a) NITI Aayog(b) CBI(c) National Human Rights Commission(d) Finance Commission

✔ Answer: (c) National Human Rights Commission

The NHRC is a statutory body created by the Protection of Human Rights Act 1993 — an Act of Parliament. NITI Aayog was created by an executive (Cabinet) resolution — NOT an Act of Parliament. CBI derives its powers from the DSPE Act 1946 but was created by executive order. Finance Commission is a constitutional body (Art. 280) — not merely statutory. Constitutional bodies have higher status than statutory bodies.

Q5. The Attorney General of India can participate in Parliament. Which statement is correct? Tricky

(a) Can speak and vote in both Houses(b) Can speak in both Houses but cannot vote(c) Can only appear in Lok Sabha(d) Cannot participate in Parliament at all

✔ Answer: (b) Can speak in both Houses but cannot vote

The Attorney General of India (Art. 76) has the right of audience in all courts and has the right to participate in proceedings of both Houses of Parliament and of any Committee thereof — but cannot vote. He is not a member of Parliament. He is India's first law officer and advises the government on legal matters. He holds office during the President's pleasure. Unlike a member of Parliament, his salary is charged differently and he can practice privately.

Q6. Election Commissioners (other than CEC) can be removed: CDS PYQ

(a) By same process as CEC (impeachment)(b) On recommendation of the CEC(c) By President's order(d) By Parliament by simple majority

✔ Answer: (b) On recommendation of the CEC

The Chief Election Commissioner (CEC) can only be removed by the same process as a Supreme Court judge — impeachment by Parliament (special majority). However, other Election Commissioners (ECs) can be removed on the recommendation of the CEC. This asymmetry was challenged constitutionally — a 5-judge SC bench in 2023 held that ECs should also be protected like the CEC. The Election Commission Act 2023 subsequently changed the appointment process.

Q7. Which Article of the Constitution provides for the Comptroller and Auditor General? CDS PYQ

(a) Article 76(b) Article 148(c) Article 280(d) Article 315

✔ Answer: (b) Article 148

Article 148 establishes the office of the Comptroller and Auditor General of India. The CAG is appointed by the President and is removed by the same process as a SC judge. The CAG's salary is charged on the Consolidated Fund of India (not votable by Parliament). The CAG cannot hold any further office after retirement — ensuring complete independence. Art. 76 = AG; Art. 280 = Finance Commission; Art. 315 = UPSC.

Q8. The Right to Information Act (RTI) was enacted in: CDS PYQ

The Right to Information Act was enacted in 2005. It gives citizens the right to request information from public authorities. Public authorities must respond within 30 days (or 48 hours if life/liberty is threatened). The Central Information Commission (CIC) hears second appeals. The Act does not apply to certain organisations (RAW, IB, etc.) and certain categories of information (national security, Cabinet notes). RTI is one of the most transformative governance laws in India.

📋 Quick Reference — POC10

📋 Article Numbers

Art. 76 — Attorney General
Art. 148 — CAG
Art. 280 — Finance Commission
Art. 315 — UPSC
Art. 324 — Election Commission

🗳️ ECI Key Facts

CEC + 2 ECs; 6 yrs/65 yrs
CEC: removed like SC judge
EC: on CEC recommendation
Model Code: non-statutory
Art. 324 — conduct all major elections

💰 Finance Commission

Art. 280; every 5 years
NOT permanent; quasi-judicial
Centre-State tax distribution
Grants-in-aid (Art. 275)
16th FC: 2023 (Panagariya)

🔑 Constitutional vs Non-Constitutional

Constitutional: EC, UPSC, FC, CAG, AG
Statutory: NHRC, CIC, Lokpal
Executive: NITI Aayog, CBI
CBI — DSPE Act 1946
NHRC — PHRA 1993

🏛️ NITI vs Planning Commission

NITI: 2015; advisory only; PM chairs
Planning Comm: 1950; had fund power
NITI: cooperative federalism
No constitutional basis for NITI
Finance Comm still recommends taxes

⚖️ Special Commissions

SC Commission — Art. 338
ST Commission — Art. 338A (89th Amend.)
OBC Commission — 102nd Amendment 2018
Lokpal — Lokpal Act 2013
First Lokpal: P.C. Ghose (2019)

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