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Body Nature | Appoint Members Officeterm/ Removal Reports Special notes

edby Reappointment
Election Const. President President can fix Conditions of service and CEC provided with Conduction of
Commission the no. of election tenure of office of Election security of tenure elections of
of India Perma. commissioners commissioners determined Parliament,
(Article 324) CEC chairman of by the President CEC can be removed State
All EC from his office by legislatures,
India Held office for 6 years or till resolution passed by both President and
body No qualifications 65 years of age, whichever is the houses with Special Vice President
prescribed earlier. majority on grounds of
proved misbehavior or
Note : Constitution has not incapacity.
prescribed the terms of the
members of EC Other election
commissioners or

Can be Reappointed regional commissioners


cannot be removed from
office except on the CEC's
recommendations

President determines Removed by president: Annual report on Recruitment,


Union Const. President President
condition of service it's performance Appointment,
Public determines the
1. Ifhe is adjudged an presented to the Transfer,
Service Indep. composition
6 years or until they attain insolvent President, who Promotion,
Commission
No qualifiçations the age of 65 years, 2. if he engages in any places this report disciplinary
Article before both the matters related
whichever is earlier paid employment outside
prescribed except
(315 323), Expenses on members the duties of his office. houses of to a person
Part XIV onehalf of the 3. If he, in opinion of Parliament. serving under
members of the charged on CFI
President, unfit to the govt. of
commissi Rejection of any India in a civil
should be the Chairman - ineligible for continue in office by
persons who have further reappointment or reason of infirmity of advice of UPSC capacity.
mind or body. should be
held office for at any other appointment of
approved by Jurisdiction
least 10 years govt. increased by
4. Misbehaviour - Appointments
either under govt. Committee of Parliament's act
Member eligible for President has to refer the
of India or under
matter to SC for an Cabinet
the government of appointment as the
a state
chairman of UPSC or SPSC enquiry.
Advice tendered by SC
only
bindingon the President.
Special notes
Body Nature Appoint Members Office term/ Removal Reports
ed by
State Public Const
Reappointment the Annual report on Recruitment,
Governor Strength decided Governor determines Removed only by
Service it's performance Appointment,
by Governor condition of service President
Commission presented to the Transfer,
No qualifications 1. If he is adjudged an Governor, who Promotion,
6 years or until they attain
Article insolvent places this report disciplinary
prescribed except the age of 62 years,
315 323 before both the matters related
one half of the whichever is earlier 2. if he engages in any
paid employment outside houses of state to a person
members of the Expenses on members
serving under
commission charged on Co. fund of state the duties of his office. legislature.
should be the 3. If he, in opinion of the state govt.
persons who have President, unfit to Along with in a civil
Chairman of SPSC eligible
held office for at for appointmentas chairman| continue in office by memorandum capacity.
least 10 years and member of UPSC or reason of infirmity of explaining the
either under govt. chairman of any other SPSC mind orbody. cases where Jurisdiction
of India or under advice of increased by act
only.
the government of 4. Misbehaviour - commission was of state
a state Member eligible for President has to refer the not accepted and legislature.
appointment as chairman matter to SC for an reasons for it.
and member of UPSC, enquiry.
chairman of that SPSC or Advice tendered by SC
any other SPSC only. binding on the President.

Finance FC constituted by the Submits report to Distribution of


Const. President Chairman and Such period as specified by
the president in his order President of India every the President, the net proceeds
Commission four other
members, fifth year, or at such who lay it before of taxes
Quasi
Article 280 Judicial Parliament Eligible for Reappointment earlier time as he both the houses of between centre
determines the considers necessary. parliament along and the states.
qualifications of with an (Centre State

members explanatory Fiscal Relations)


Chairman: memorandum as.
exaerience in to the action Principles
taken on its governing the
public afairs. aids to
Members
recommendation. grant in
the states by the
HC judge or
centre
qualified, Eco
expert, Finance of
Recommendatio
gOvernnnent
ns not binding
expert, Finance
on government
expert
Body Nature Appoint Members Office term/
ed by Removal Reports
National Const. President Reappointment Special notes
Chairperson Conditions of service and
Commission By Vice Chairperson tenure of office are Reports presented to the To investigate
for SCs warrant Three members President, annually and at and monitor ali
determined by President. such other times as
under his it
may matters relating
Article 338 hand and deemfit, upon the working of to the
seal thosesafeguards constitutional
and other legal
President places report before safeguards for
the Parliament SCs

President also forwards any Recommendatio


report of the commission ns on effective
pertaining to a state implementation
government to the state of the
governor, who places it before safeguards
the state legislature.

(along with an explanatory


memorandum as to the action
taken on its recommendation.)
National Const President Chairperson Conditions of Service and Reports presented to the To investigate
Commission by Vice Chairperson tenure of office are President, annually and at and monitor all
for STs warrant Three members determined by President. such other times as it may matters relating
under his deem fit, upon the working of to the
Article 338A hand and those safeguards constitutional
seal
and other legal
President places report before safeguards for
the Parliament. STs
President also forwards any
report of the commission Recommendatio
pertaining to a state ns on effective
government to the state implementation
governor, who places it before of the
the state legislature. safeguards
(alongwith memorandum)
Removal Reports Special notes
Body Nature Appoint Members Office term/
edby Reappointment Reports on those All matters
Special Const President There should be a No tenure, salaries, matters at such related to the
Officer fo Special Officer for allowances, service safeguards
intervalsas
Linguistic Linguistic conditions and procedure President may provided for
Minorities Minorities. for removal prescribed by direct should be linguistics
the constitution. presented to the minorities
Article 350B No qualifications, under
Part XVII President.
tenure, salaries, constitution

ba.co
allowances, President should
service conditions
place all such
and procedure for
removal reports before
prescribed by the both the houses of
constitution. the Parliament
and send to the
Assistance governments of
commissioners the states
head the regional concerned.
offices at Belgaum,
Chennai, Kolkata He submits the
annual reports to
Assisted by the President
Deputy through the
commissioner and Union Minority
Assistant
Affairs Ministry
Commissioner at
HOs.
HQ:Allahabad.
Body Nature Appoint Members Office term/
ed by Removal Reports Special notes
Attorney Const President AG must be a
Reappointment
Term of office not fixed by Holds office during
General of person who is Highest Law
the constitution pleasure of President.
India qualified to be officer in the
appointed a judge He receives country
(Article 76) of the Supreme
remuneration as Conventionally, he
the President may resigns when the To grve advice
Court determine. government (COM) to the
resigns or is replaced, as government of
He is not debarred from he is appointed on its india upon such
private legal practice. advice. legai matters,
which are
Not a full time counsel for reterred to him
the government. bv the President

Does not fall in the category Right of


of government servants. audience in all
courts in the
territory o
India

Advocate Const Governor must be a person Term of office not fixed by Holds office during Highest Law
General of who is qualified to the constitution. pleasure of Governor. officer in the
the State be appointed a state
judge of He receives remuneration
the High as Conventionally, he
(Article 165) Court the Governor may resigns when the To give advice
determine. government (COM) to the
gOvernment of
resigns or is replaced, as
he is appointed on its state upon such

advice legal matters,


which are
referred to him
by the
Governor.
Body Nature Appoint Members Office term/ Removal Reports Special notes
edby Reappointment
Comptroller Const President Holds office for a period of 6 By President CAGsubmits Guardiarn of the
and Auditor
Ceneral of
Indepe B years or upto the age of 65 three audit public purse
warrant can be removed from his reports to the and controis the
years, whichever is earlier
india under his office by resolution President audit enare financial
hand and Not eligible for any further passed by both the report on system of the
(Article 148S) seal office, either under the ouses with Speciai appropriation country at both
government of India or of majority on grounds of accounts, audit the levels
(Articde 149 report on finance
any state, after he ceases to proved misbehavior or Cenre and the
- his duts) hold his office. incapacity. accounts, and State
audit report on
Salary and other service public
conditions are determined undertakings.
by Parliament. His salar
equal to the judge of President lays
Supreme Court. these reports
before both the
Salaries charged upon the houses of the
Consolidated Fund of India Pariament

After this Publc


Accounts
Committee
examines them
and reports its
findings to the
Parliament
Body Nature Appoint Members Office term/
ed by Removal
National Statut. President
Reappointment Reports Special notes
Chairman and 4 5 years, until the age of 70
or
Human members vears, whichever is earlier President can remove if: Commission
Rights Protecti Recom by Watchdog of
1. adjudged insolvent submits its annual
Commission on ot committee Chairman Chairman and members or special reports human rights
are 2.
Human Retired CJ engages in any paid to the Central
(estb n eligible for further
not
employment outside the Institutional
rights Head
employnent under the Government and
1003) act, 1903 PAI duties of his office. to the state arrangements
Members Central or a state 3. if he is unfit to continue through which
Serving or Retired
government in office by reason of
government human rights
Amend. LS judges of SC, Concerned ISSues could be
in 2006 Speaker serving or retired Sitting Justice of SC or
infirmity of mind or body addressedin
4. he is of unsound mind
chief justice of a Reports are laid their entirety
sitting chief justice of any and stand so declared by before the
RS HC HC is appointed only after an competent court
Deputy Two persons consultation with CJI respective To inquire into
5. he is convicted and
Chairman having knowledge legislatures, along matter of
sentenced to with a violation of
wrt human rights Salaries, allowances and
LoP LS imprisonment for an memorandum of human rights or
other conditions of service
Four ex officio offence. action taken on negigence in
are determined by Central the reco of the
LoP RS prevention of
members Government. But can't be Proved misbehavior or commission and such violation
altered to his disadvantage incapacity - President has the reasons for
Home by a public
Chairmen of: after his appointment. to refer matter to SC for non acceptance of servant, either
minister
an inquiry any of such reco. suo motu or on
NC for Minorities
petition or an
NC for SCs
order of court.
NC for STs
NCfor women
State Statu. Governoor Chairperson and 5 years, or until the age of 70 President Commission SHRC can
Human two members years, whichever is earlier submits its annual | inquire into any
Rights Protecti Rec by Same conditions as for or special reports violation of HRs
Commission on of comm.
hairperson: Chairman and members are NHRC to the state only in respect
Human Retired CJ of HC not eligible for further government of subjects
(23states rights CM: head employment under the concerned mentioned in
have act, 1993 Members Central or a state the state list and
constituted Speaker Serving or Retired government Reports are laid the concurrent
the SHRC Leg Asem.judges of HC, before the state list.
since 1993) District judge in Salaries, allowances and legislature, along Does not
State HM the state a min of 7 other conditions of service with a inquire if
LoP years exp as DJ, are determined by State memorandum of any such case in
Government. But can't be action taken on being inquired
(LoP Person having
Body Nature Appoint Members Office term/ Removal Reports Special notes
ed by Reappointment
chairman knowledge of HR the reco of the by NHRC or
altered to his disadvantage
Central
-LegCo) after his appointment. commissjon.. any other SHRC
Statutor President CIC and not more Duty to receive
Information
5 years or until they attain President can removeif:Submits an
than ten ICs age of 65 vears, whichever Is annual report to and inquire into
Commission Est by On reco 1. adjudged insolvent the Central govt. a complaint
earlier
central Persons of on the from any
2. engages in any paid
govern Comm. eminence in Not eligible for employment outside the implementation person, who has
ment in public life with of the provisions not been able to
reappointment duties of his office.
2005 Head PM wide know. And 3. if he is unfit (in Prez of this Act. submit an ínfo
experience in law, Salary, allowance and other opinion ) to continue in request or
Official LoP in LS science, social service conditions of the CIC office by reason of Central govt. refused info
gazette service,etc. are similar to those of the infirmity of mind or body places this report
notifi. Union CEC and that of the IC are 4. he has acquired such before each house Suo moto
Under cab. Min No MP, MLA similar to that of an EC. financial or other interest of Parliament. power to order
prov of nominate No office of profit as is likely to affect an inquiry into
RTI act d by PM be varied to his prejudicely his off funct
They cannot any matter on
disadvantage during service. 5. he is convicted of any reasonable
High offence which involves a grounds
pow. moral turpitude
Indep
body Proved misbehavior or
incapacity - President has
to refer matter to SC for
aninquiry
State Statutor Governor State CIC and not 5 years or until they attain Governor can remove if: Submits an Duty to receive
Information more than ten age of 65 years, whichever Is annual report to and inquire into
Commission Est by On recob: State ICs earlier 1. adjudged insolvent the State govt. on a complaint
all state 2. engages in any paid the from any
govts. Comm. Not eligible for employment outside the implementation person, who has
reappointment duties of his office. of the provisions not been able to
Official Head 3. if he is unfit (in Gove. of this Act. submit an info
gazette CM Salary, allowance and other opinion) to continue in request or

notifi. service conditions of the office by reason of State govt. places refused info.
Under LoP in SCIC are similar to those of infirmity of mind or body this report betore
prov of Leg Asse the EC and that of the SIC 4. he has acquired such each house of Suo moto
RTI act are similar to that of chief financial or other interest Parliament. power to order
State cab. secretary of state govt. as is likely to affect an inquiry into
any matter on
High Min prejudicely his off funct.
Body Nature Appoint Members
ed by Office term/
Removal
pow. nominate Reappointment
They cannot be
Reports Special notes
Indep. d by CM varied to his 5. he is convicted of any
body disadvantage during service. offence which involves a
reasonable
moral turpitude grounds.

Proved misbehavior or
incapacity - Governor
has to refer matter to SC
Central Statuto President for an inquiry
CVC and not more 4 years, or until the age of 65 President can remove if
Vigilance (From by than 2 VCs
years, whichever is earlier
CVC has to
Commission Sept warrant present annually
1. adjudged insolvent to the President a
2003) under his
they are not eligible for 2. engages in any paid
Estb in 1964 hand and report on its
further employment under employment outside the performance. The
by an exec Apex seal the Central or a state duties of his office. President places
resolution Vigilane gOvernment 3. if he is unfit (in Prez this report before
Insti. Recom by to continue in each house of
Rec by opinion)
committee Salary, allowance and other office by reason of Parliament.
Santhanam conditions of service of the infirmity of mind or body
Comm of Head CVC are similar to those of 4. he has acquired such
prevention PM theChairman of UPSC and financial or other interest
of that of VCs are similar to as is likely to affect
Corruption LoP LS those of a member of UPSC. prejudicely his off funct.
5. he is convicted of any
Home They cannot be varied to his offence which involves a
minister disadvantage after his moral turpitude
appointment.
Proved misbehavior or
incapacity -
President has
to refer matter to SC for
aninquiryy
Director:2years tenure Main
Central Neither Director Headed by
Bureau of statutor appointed Director investigating
agency of the
Investigatio y nor by the Central
n const. Central Assisted by a
government
govt. Special Director or
Set up in Rec by anadditional
Santhan Recom by Director Provides
1963 by a assistance to the
resolution of am
committee
Special notes
Reportss
Body Nature Appoint Members Office term/
Removal

ed by CVC
Home Commn
Reappointment
affairs Head
CVC
Later transf.
to Ministry VCs
of Personnel
Secy to
Govt of
India in
chrge of
ministry
of home
affairs.

Secy in the
Cabinet
Secretariat
REPORTSUBMISSION

Rule of Thumb: Almost all the constitutional bodies submit report to President/ Governor,
Govt
whereas almost all (except CVC) statutory bodies submit report to Central Govt/State

Constitutional Bodies:

UPSC President

SPSC Governor
C O
Finance Commission- President

NCSC, NCST- President


President through
the annual report to the
Minorities Submits
Special Officer for Linguistic
Ministry
the Union Minority Affairs

CAG President

Statutory Bodies:

NHRC Central Govt

SHRC State Govt


Commission-Central
Govt

Information
Central
- State Govt
Commission

Information
President
Commission-
State Vigilance
Central
bodies:
statutory
among
Exception
Appointment / Removal

State bodies

SPSC, State Election Commisioner, SHRC - chairman, members appointed by Governor,


Removed by President

Advocate General of
State Chief Information Commissioner, State Information Commissioner,
State appointed and removed by governor

Tenure of Office of
Determination of Conditions of Service and

commissioner
-
President
Election
members- President
UPSC Chairman and
members G o v e r n o r
SPSC Chairman and
Commission
-
Period is specified by President
Finance
NCSC President

NCST President
Remuneration is
determined by President
-

General
Attorney
Remuneration is
determined by G o v e r n o r
General
-

Advocate

to SCjudge)
CAG-Parliament (Salary equal
EXCEPTION:

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