Constitutional Bodies — UPSC, Finance Commission, CAG, Attorney General

Constitutional bodies are established directly by the Constitution of India, unlike statutory bodies created by Acts of Parliament. Kerala PSC frequently tests composition, appointment, removal, and key functions. Expect 3-5 questions per exam.

Overview of Constitutional Bodies

Body	Article	Appointment by
Union Public Service Commission (UPSC)	315-323	President
State Public Service Commission (SPSC)	315-323	Governor
Finance Commission	280	President
Comptroller and Auditor General (CAG)	148-151	President
Attorney General of India	76	President
Advocate General of State	165	Governor
Election Commission	324	President
National Commission for SCs	338	President
National Commission for STs	338A	President
Special Officer for Linguistic Minorities	350B	President

1. Union Public Service Commission (UPSC) — Articles 315-323

Feature	Details
Article	315 (establishment); 316 (appointment); 317 (removal); 318 (regulations); 320 (functions)
Nature	Constitutional body — independent of executive control
Composition	Chairman + members (usually 9-11; no fixed number in Constitution)
Appointment	By the President of India
Qualification	At least half the members should have held government office for at least 10 years
Term	6 years or 65 years of age, whichever is earlier
Removal	By the President on a report of the Supreme Court (Article 317)
Resignation	To the President
Reappointment	Chairman — NOT eligible for any government employment after retirement; Members — eligible only for appointment as UPSC Chairman or SPSC Chairman

Functions of UPSC (Article 320)

Function	Details
Conduct examinations	Civil Services (IAS, IPS, IFS), Engineering Services, Medical Services, etc.
Direct recruitment	Advises government on recruitment methods
Promotion/Transfer	Consulted on principles for promotions and transfers
Disciplinary matters	Advises on all disciplinary matters affecting civil servants
Loan/deputation	Advises on claims for costs of legal proceedings by civil servants
Advisory role	Government MUST consult UPSC; but advice is not binding

Kerala Public Service Commission (KPSC)

Feature	Details
Article	315 (State PSC)
Chairman appointment	By the Governor of Kerala
Term	6 years or 62 years of age (for state level)
Current HQ	Pattom, Thiruvananthapuram
Functions	Recruitment to state civil services, advises state government

2. Finance Commission — Article 280

Feature	Details
Article	280
Nature	Quasi-judicial body; constitutional
Constituted by	President every 5 years or earlier
Composition	1 Chairman + 4 members
Qualification	Chairman must be a person of experience in public affairs

Functions of Finance Commission

Function	Details
Tax distribution	Recommends distribution of net proceeds of taxes between Centre and States
Grants-in-aid	Recommends principles governing grants-in-aid to states from Consolidated Fund of India
State Finance Commission	Suggests measures to augment state revenues
Any other matter	Referred by the President in the interest of sound finance
Advisory	Recommendations are advisory; not binding on the government

Finance Commissions — Key Facts

Commission	Chairman	Key Recommendation
1st FC (1951)	K.C. Neogy	First devolution formula
14th FC (2015-20)	Y.V. Reddy	Increased state share of taxes to 42% (from 32%)
15th FC (2021-26)	N.K. Singh	State share fixed at 41%; performance-based grants; health sector focus
16th FC (2026-31)	Arvind Panagariya	Constituted December 2023

3. Comptroller and Auditor General (CAG) — Articles 148-151

Feature	Details
Article	148 (appointment); 149 (duties); 150 (form of accounts); 151 (audit reports)
Appointment	By the President by warrant under his hand and seal
Oath	Administered by the President or someone appointed by the President
Term	6 years or 65 years of age, whichever is earlier
Removal	Same manner as a Supreme Court Judge (impeachment)
Salary	Same as a Supreme Court Judge
Post-retirement	NOT eligible for further government office (Central or State)
Called	Guardian of the Public Purse
Described by Dr. Ambedkar	”Most important officer under the Constitution”

Functions of CAG

Function	Details
Audits accounts	Of Centre, States, Union Territories, and all bodies/authorities funded by the Consolidated Fund
Certifies net proceeds	Of taxes shared between Centre and States
Reports to President	Audit report of Union government (placed before Parliament — Article 151)
Reports to Governor	Audit report of State government (placed before State Legislature)
Audits	Government companies (51%+ government share), autonomous bodies receiving government grants
Does NOT audit	Private companies, municipal bodies (unless specifically directed)

CAG and Public Accounts Committee (PAC)

Aspect	Details
Relationship	CAG is the “friend, philosopher and guide” of the PAC
CAG reports examined by	Public Accounts Committee (Lok Sabha) and Committee on Public Undertakings
PAC Chairman	Appointed by the Speaker; by convention, from the opposition

Important CAGs of India

CAG	Period	Notable
V. Narahari Rao	1st CAG (1948-54)	First CAG of independent India
A.K. Chanda	1954-60	—
Vinod Rai	2008-13	2G spectrum and coal block allocation audits
Girish Chandra Murmu	2020-present	Current CAG

4. Attorney General of India — Article 76

Feature	Details
Article	76
Appointment	By the President
Qualification	Must be qualified to be appointed as a Judge of the Supreme Court (i.e., citizen of India; must have been a High Court judge for 5 years, or an advocate of a High Court for 10 years, or a distinguished jurist)
Term	Not fixed; holds office during the pleasure of the President
Removal	No procedure specified; can be removed at will by the President
Salary	Not fixed by Constitution; determined by the President
Not a member of Cabinet	But can attend Parliament proceedings; right to speak and participate in either House, but no right to vote

Functions of Attorney General

Function	Details
Advises government	On legal matters referred by the President
Performs duties	Assigned by the President
Appears on behalf of	Government of India in all courts
Right of audience	In all courts and tribunals in India
Can accept private practice	Not prohibited; but cannot advise against the Government of India or defend accused in criminal cases without government permission

Important Attorneys General

AG	Period	Notable
M.C. Setalvad	1st AG (1950-63)	Longest-serving AG
Nani Palkhivala	Did not serve as AG but famous for arguing Kesavananda Bharati case
K.K. Venugopal	2017-2022	—
R. Venkataramani	2022-present	Current AG

5. Advocate General of State — Article 165

Feature	Details
Article	165
Appointment	By the Governor
Qualification	Must be qualified to be a High Court Judge
Term	Not fixed; holds office during pleasure of the Governor
Functions	Advises state government on legal matters; appears on behalf of state in courts
Right of audience	In all courts in the state and in the Supreme Court
Can participate	In state legislature proceedings but cannot vote
Private practice	Permitted, with same restrictions as AG

Comparison: Attorney General vs Advocate General

Feature	Attorney General (Art 76)	Advocate General (Art 165)
Appointing authority	President	Governor
Qualification	SC Judge qualification	HC Judge qualification
For	Union Government	State Government
Legislature	Can attend Parliament	Can attend State Legislature
Voting right	No	No
Term	Pleasure of President	Pleasure of Governor

6. Other Important Constitutional Bodies

National Commission for Scheduled Castes (Article 338)

Feature	Details
Established	Originally as Special Officer (1950); Commission since 1978; Constitutional status since 2003 (89th Amendment)
Composition	Chairperson + Vice-Chairperson + 3 members
Appointment	By the President
Function	Investigate and monitor safeguards for SCs; inquire into complaints; report to President annually

National Commission for Scheduled Tribes (Article 338A)

Feature	Details
Established	Separated from SC Commission by 89th Constitutional Amendment, 2003
Composition	Chairperson + Vice-Chairperson + 3 members
Function	Same as NCSC but for STs

Special Officer for Linguistic Minorities (Article 350B)

Feature	Details
Added by	7th Constitutional Amendment, 1956
Appointment	By the President
Also called	Commissioner for Linguistic Minorities
HQ	Allahabad (Prayagraj)
Function	Investigate matters relating to safeguards for linguistic minorities; report to President

PSC Quick Recall

Question	Answer
CAG is described by Ambedkar as	Most important officer under the Constitution
Who is the guardian of the public purse?	CAG
UPSC Chairman term	6 years or 65 years
Attorney General has right to vote in Parliament?	No (right to speak only)
Finance Commission is constituted under	Article 280
15th Finance Commission Chairman	N.K. Singh
CAG submits Union audit report to	President (who places it before Parliament)
Advocate General is appointed by	Governor
KPSC is headquartered at	Pattom, Thiruvananthapuram
89th Amendment relates to	Separation of NCSC and NCST