POLITY
8. Salient features of the Representation of People's
Act. Appointment to various Constitutional posts,
powers, functions and responsibilities of various
Constitutional Bodies.
1. Examine the provisions that safeguard various constitutional posts from executive
interference.
Constitutional Bodies in India are the permanent or semi-permanent organization within the
machinery of government. These bodies are responsible for the administration of specific functions.
The functions of these bodies are usually executive type.
Body
The Constitution of India specifies the setting up of following major constitutional bodies and has
given appointment to various constitutional posts.
The major constitutional bodies in India are as under:
Union Public Service Commission (UPSC)
State Public Service Commission
Joint State Public Service Commission
The Comptroller and Auditor General of India
Election Commission of India
Finance Commission of India
National Commission for Scheduled Castes (NCSC)
National Commission For Scheduled Tribe
Staff Selection Commission (SSC)
Central Vigilance Commission (CVC)
Safeguards:
Appointment & Tenure: Constitutional posts like EC, CAG, Chairman of UPSC etc are
, appointed by the President of India and has a fixed tenure. Eg The Chief Election
Commissioner is appointed for a period of 6 years or upto 65 years of age, whichever is earlier.
Salary and Allowances: The salary and pension are charged upon Consolidated fund of India,
which can not be changed after their appointment. Moreover, fund from CFI is not subjected to
vote in the parliament.
Removal: Most of the constitutional post have stringent rules and procedure in the Constitution
for their removal. It is not done on the whims and fancy of the Executive.
Eg the office of CAG can be removed by the President in the same manner as that of judges of
Supreme Court, which requires special majority in both Houses of Parliament.
Reappointment: to maintain the independency of the post there is no reappointment for most of
the office of Constitutional posts. Example: No second term to the office of CAG, UPSC
chairman etc.
Conclusion
A Constitutional body is formed under detailed instructions given in the Constitution. It is
compulsory for the government to set up such a body and it cannot dispense off with it easily when it
becomes uncomfortable. Such bodies or institutions are written into the Constitution of a nation and
cannot be eliminated without amending that part of the Constitution which sometimes also requires
consent of the states
Election commission
Election Commission (EC) acts as the watchdog of democracy in India and has reservoir of power
under article 324 of the Indian constitution, as per the Supreme Court. As S Y Qureshi says “Electoral
democracy becoming a reality in India owes a great deal to Election commission of India (ECI)”.
Significance in indian democractic system
0. • Free and fair elections: It ensure level playing field among different political parties and
candidates. It enforces model code of conduct and take punitive steps if required, upholding the
liberal democratic conduct of elections not just as an ideal but in practice.
o Taking action on use of money power in elections.e.g. Vellore elections cancelled due to the excess
use of money.
1. o Directives against use of religion, communal issues and thus upholding secularism in elections.e.g.
, ECI 2019 elections asked political parties and religious leaders to refrain from using places of
worship for propaganda.
2. o Action against politicians:ItbarredleadersinUPfromcampaigningfor making hate speeches and
remarks on religion.
3. o Launch of apps like ‘cVIGIL’ to reduce the electoral malpractices and enable the citizens to report
any such incidents (participatory democracy).
4. o Credibility: there wasn't a single case of a mismatch between the VVPAT slip and the EVM count
in 2019 elections as per a report.
Perception of the citizens: ECI has maintained the credibility and trust of elections among people
and has taken various measures to allay any fears or distrust in elections. e.g. ECI organized hacking
challenge, introduced VVPAT when doubts were cast over EVM
Accountability of the government: Independent and fearless working of ECI is the key to hold the
government accountable by the citizens periodically through elections. Independence of ECI has
ensured that this accountability is not just on letter as in countries like Russia, China etc., but also in
practice. E.g. Electoral results after emergency against ruling party demonstrated the free and fair
elections and democratic accountability.
Universal adult franchise (Coverage and accessibility): ECI has taken steps over the years to
increase the coverage of voters to make the elections inclusive and more democratic.
o It prepares and periodically revises electoral rolls and register eligible voters so that no voter is left out
irrespective of his social, economic or political background.
o It took reforms like introduction of EPIC card, online registration of voter, e-Postal ballot etc., to increase
the inclusion of every voter who is eligible.
Voter education: ECI conducts conferences, seminars and comes up with news ways to spread voter
education and spread voter literacy in India. This ensures that the voters are better informed and be in
a position to take prudent decisions based on individual conscience (liberal ideology).e.g. Organizing
International conference on Voter education, demonstration in constituencies of using Electronic
voting machines.
Voter outreach and participation: ECI has identified the gender gap, issues of person with
disabilities, elder person etc., and has taken steps to make the election all inclusive.
o SVEEP(Systematic Voters' Education and Electoral Participation program) portal was launched to
increase women and youth participation in elections.
o All women polling stations were introduced in 2014 elections.
o Pick and drop facilities were provided in the latest Karnataka state elections for the elderly and
8. Salient features of the Representation of People's
Act. Appointment to various Constitutional posts,
powers, functions and responsibilities of various
Constitutional Bodies.
1. Examine the provisions that safeguard various constitutional posts from executive
interference.
Constitutional Bodies in India are the permanent or semi-permanent organization within the
machinery of government. These bodies are responsible for the administration of specific functions.
The functions of these bodies are usually executive type.
Body
The Constitution of India specifies the setting up of following major constitutional bodies and has
given appointment to various constitutional posts.
The major constitutional bodies in India are as under:
Union Public Service Commission (UPSC)
State Public Service Commission
Joint State Public Service Commission
The Comptroller and Auditor General of India
Election Commission of India
Finance Commission of India
National Commission for Scheduled Castes (NCSC)
National Commission For Scheduled Tribe
Staff Selection Commission (SSC)
Central Vigilance Commission (CVC)
Safeguards:
Appointment & Tenure: Constitutional posts like EC, CAG, Chairman of UPSC etc are
, appointed by the President of India and has a fixed tenure. Eg The Chief Election
Commissioner is appointed for a period of 6 years or upto 65 years of age, whichever is earlier.
Salary and Allowances: The salary and pension are charged upon Consolidated fund of India,
which can not be changed after their appointment. Moreover, fund from CFI is not subjected to
vote in the parliament.
Removal: Most of the constitutional post have stringent rules and procedure in the Constitution
for their removal. It is not done on the whims and fancy of the Executive.
Eg the office of CAG can be removed by the President in the same manner as that of judges of
Supreme Court, which requires special majority in both Houses of Parliament.
Reappointment: to maintain the independency of the post there is no reappointment for most of
the office of Constitutional posts. Example: No second term to the office of CAG, UPSC
chairman etc.
Conclusion
A Constitutional body is formed under detailed instructions given in the Constitution. It is
compulsory for the government to set up such a body and it cannot dispense off with it easily when it
becomes uncomfortable. Such bodies or institutions are written into the Constitution of a nation and
cannot be eliminated without amending that part of the Constitution which sometimes also requires
consent of the states
Election commission
Election Commission (EC) acts as the watchdog of democracy in India and has reservoir of power
under article 324 of the Indian constitution, as per the Supreme Court. As S Y Qureshi says “Electoral
democracy becoming a reality in India owes a great deal to Election commission of India (ECI)”.
Significance in indian democractic system
0. • Free and fair elections: It ensure level playing field among different political parties and
candidates. It enforces model code of conduct and take punitive steps if required, upholding the
liberal democratic conduct of elections not just as an ideal but in practice.
o Taking action on use of money power in elections.e.g. Vellore elections cancelled due to the excess
use of money.
1. o Directives against use of religion, communal issues and thus upholding secularism in elections.e.g.
, ECI 2019 elections asked political parties and religious leaders to refrain from using places of
worship for propaganda.
2. o Action against politicians:ItbarredleadersinUPfromcampaigningfor making hate speeches and
remarks on religion.
3. o Launch of apps like ‘cVIGIL’ to reduce the electoral malpractices and enable the citizens to report
any such incidents (participatory democracy).
4. o Credibility: there wasn't a single case of a mismatch between the VVPAT slip and the EVM count
in 2019 elections as per a report.
Perception of the citizens: ECI has maintained the credibility and trust of elections among people
and has taken various measures to allay any fears or distrust in elections. e.g. ECI organized hacking
challenge, introduced VVPAT when doubts were cast over EVM
Accountability of the government: Independent and fearless working of ECI is the key to hold the
government accountable by the citizens periodically through elections. Independence of ECI has
ensured that this accountability is not just on letter as in countries like Russia, China etc., but also in
practice. E.g. Electoral results after emergency against ruling party demonstrated the free and fair
elections and democratic accountability.
Universal adult franchise (Coverage and accessibility): ECI has taken steps over the years to
increase the coverage of voters to make the elections inclusive and more democratic.
o It prepares and periodically revises electoral rolls and register eligible voters so that no voter is left out
irrespective of his social, economic or political background.
o It took reforms like introduction of EPIC card, online registration of voter, e-Postal ballot etc., to increase
the inclusion of every voter who is eligible.
Voter education: ECI conducts conferences, seminars and comes up with news ways to spread voter
education and spread voter literacy in India. This ensures that the voters are better informed and be in
a position to take prudent decisions based on individual conscience (liberal ideology).e.g. Organizing
International conference on Voter education, demonstration in constituencies of using Electronic
voting machines.
Voter outreach and participation: ECI has identified the gender gap, issues of person with
disabilities, elder person etc., and has taken steps to make the election all inclusive.
o SVEEP(Systematic Voters' Education and Electoral Participation program) portal was launched to
increase women and youth participation in elections.
o All women polling stations were introduced in 2014 elections.
o Pick and drop facilities were provided in the latest Karnataka state elections for the elderly and
