Independent Bodies (Election Commission, CAG, UPSC)

At a Glance

• What it is Bodies established by the Constitution itself, beyond the legislative, executive and judicial organs, as bulwarks of the democratic system
• Election Commission Article 324; ensures free and fair elections to Parliament, state legislatures, and the offices of President and Vice-President
• Comptroller and Auditor-General (CAG) Article 148; audits the accounts of the Centre and the states; guardian of the public purse
• Union Public Service Commission (UPSC) Articles 315 to 323; conducts examinations for All-India services and higher Central services
• State Public Service Commission One in every state; conducts examinations for state services
• Exam link UPSC Prelims, Polity: Salient Features

Where Does It Fit?

The earlier salient features described the organs of government and the rights of citizens. This topic describes a different kind of institution: bodies that the Constitution creates directly, outside the three organs, to keep the democratic system fair. Each of them is taken up in detail in its own topic later.

Which Independent Bodies Does the Constitution Establish?

The Indian Constitution not only provides for the legislative, executive and judicial organs of the Government, Central and state, but also establishes certain independent bodies. They are envisaged by the Constitution as bulwarks of the democratic system of government in India.

The Constitution ensures the independence of these bodies through various provisions such as security of tenure, fixed service conditions and expenses charged on the Consolidated Fund of India.

What Is the Election Commission?

The Election Commission is a permanent and independent body established by the Constitution directly to ensure free and fair elections. Article 324 vests in it the power of superintendence, direction and control of elections to Parliament, the state legislatures, and the offices of the President and the Vice-President. It is an all-India body, common to the Central and state governments. It is not concerned with elections to panchayats and municipalities, for which a separate State Election Commission exists.

It consists of the Chief Election Commissioner and such number of other Election Commissioners as the President may fix. Till 15 October 1989 it was a single-member body. Since October 1993 it has been functioning as a multi-member body of three Election Commissioners. They hold office for six years or until the age of 65, whichever is earlier. The Chief Election Commissioner cannot be removed except in the same manner and on the same grounds as a judge of the Supreme Court. Any other Election Commissioner cannot be removed except on the recommendation of the Chief Election Commissioner.

What Is the Role of the CAG?

Article 148 provides for an independent office of the Comptroller and Auditor-General of India. The CAG heads the Indian Audit and Accounts Department, is the guardian of the public purse and controls the entire financial system of the country at both the Centre and the state levels. Dr. B.R. Ambedkar said that the CAG shall be the most important officer under the Constitution of India. The CAG is one of the bulwarks of the democratic system, along with the Supreme Court, the Election Commission and the UPSC.

The CAG is appointed by the President and holds office for six years or up to the age of 65 years, whichever is earlier. He or she can be removed by the President on the same grounds and in the same manner as a judge of the Supreme Court. His or her salary is equal to that of a judge of the Supreme Court, and the administrative expenses of the office are charged on the Consolidated Fund of India. The CAG is not eligible for further office under the Government of India or of any state after ceasing to hold office. Audit reports on the accounts of the Centre are submitted to the President, who places them before both Houses of Parliament (Article 151).

What Is the Role of the UPSC?

The UPSC is the central recruiting agency in India and an independent constitutional body created directly by the Constitution. Articles 315 to 323 in Part XIV contain provisions on its composition, appointment and removal of members, independence, powers and functions.

It consists of a chairman and other members appointed by the President. The Constitution does not specify the strength of the Commission, and prescribes no qualifications except that one-half of the members should have held office for at least ten years under the Government of India or a state government. The chairman and members hold office for six years or until the age of 65, whichever is earlier. For misbehaviour, the President can remove them only after the Supreme Court, on an inquiry, upholds the cause of removal; its advice is binding on the President.

The independence of the UPSC is ensured by security of tenure; service conditions that cannot be varied to the disadvantage of a member; expenses charged on the Consolidated Fund of India; the bar on the chairman holding further employment under the Government of India or a state; and the bar on reappointment of the chairman or a member for a second term.

Why Is This Topic Important?

• Direct Prelims material: The Articles, terms, removal procedures and safeguards of these bodies can be asked directly.
• Link to democracy: The Election Commission guards elections, the CAG guards public money and the UPSC guards fair recruitment.

What Came Next?

The next topic takes up the emergency provisions of the Constitution.

Key People and Terms

• Article 324 Election Commission
• Article 148 Comptroller and Auditor-General
• Articles 315 to 323 Public Service Commissions
• Guardian of the public purse The CAG
• Security of tenure Removal only in the manner provided in the Constitution

Exam Corner

Mains Angle

Questions ask how the Constitution protects the independence of these bodies. Use these points to add depth.

• Created by the Constitution: These bodies are created directly by the Constitution, not by an ordinary law.
• Judge-like protection: The CEC and the CAG are removed like a Supreme Court judge, and a UPSC member only after a binding Supreme Court inquiry.
• Financial and career safeguards: Service conditions cannot be altered to disadvantage, expenses are charged on the Consolidated Fund and post-retirement employment is barred.
• Gaps in the Election Commission: The Constitution does not prescribe qualifications of its members, specify their term or debar retiring commissioners from further appointment.
• Parliamentary accountability: The CAG’s audit reports secure the accountability of the executive to Parliament in financial matters.