Election Commission of
India For the conduct of free
and fair elections an independent Election Commission has been provided for in
Article 324. Constitution of India has provided a separate chapter for
elections and has not left the elections to jurisdiction of the executive and legislative
departments of the government. This is mainly because the makers of the
constitution had been very serious to safeguard this political right as an
integral part of the constitution itself. Election commission of India is
a permanent body entrusted for the following matters:
· Election
of President
· Election
of Vice-President
· Election
of Lok Sabha as well as Rajya Sabha
· Elections
to State Legislatures as well as Legislative Councils
· Reservation
of Seats in Lok Sabha and State Legislatures
· Qualifications
of the MPs and MLAs
· Determination
of population for purposes of election
· Superintendence
, direction and control of all the elections mentioned above
· Power
of appointing election tribunals for the decisions of doubts and disputes in
connection with the elections.
India
has a three member election commission. These all are appointed by the
President for a term which is fixed by the President. However, conditions of
service and tenure of office of the chief election commissioner and other
election commissioner are determined by an act of parliament titled The Chief
Election Commissioner and Other Election Commissioners (Conditions of Service)
Act, 1991. This act has fixed the following:
· The
chief election commissioner or an election commissioner shall hold office for a
term of 6 years or age of 65 years, whichever is earlier.
· The
chief election commissioner and other commissioners are paid a salary equal to
the salary of a judge of the Supreme Court. On retirement they are entitled to
a pension payable to a judge of the Supreme Court.
· All
business of the election commission shall, as far as possible, be transacted
unanimously. If the chief election commissioner and other election
commissioners differ in opinion on any matter, such matter shall be decided
according to the opinion of the majority.
The
constitution of India has ensured that the commission shall act as an
independent body. Independence is secured by some of these provisions:
· The
chief election commissioner shall not be removed from office except in like
manner and on like grounds as a judge of the Supreme Court. A judge of supreme
court can be removed only by an order of the President passed after an address
by each House of Parliament supported by a majority of the total membership of
that House and by a majority of not less than two-thirds of the members of that
House present and voting has been presented to the President in the same
session for such removal on the ground of proved misbehaviour or incapacity.
· The
other election commissioners cannot be removed from office without recommendation
of the CEC.
· Their
conditions of service shall not be varied to their disadvantage after their
appointment.
· It
is the duty of the president or the governor of a state to make available to
the commission, when so requested, such staff as may be necessary for the
conduct of its functions.
· To determine the
territorial areas of the electoral constituencies throughout the country on the
basis of the Delimitation Commission Act of Parliament.
· To prepare and periodically
revise electoral rolls and to register all eligible voters.
· To notify the
dates and schedules of elections and to scrutinise nomination papers.
· To grant
recognition to political parties and allot election symbols to them.
· To act as a court
for settling disputes related to granting of recognition to political parties
and allotment of election symbols to them.
· To appoint
officers for inquiring into disputes relating to electoral arrangements.
· To determine the
code of conduct to be observed by the parties and the candidates at the time of
elections.
· To prepare a
roster for publicity of the policies of the political parties on radio and TV
in times of elections.
· To advise the
president on matters relating to the disqualifications of the members of Parliament.
· To advise the
governor on matters relating to the disqualifications of the members of state
legislature.
· To cancel polls
in the event of rigging, booth capturing, violence and other irregularities.
· To request the
president or the governor for requisitioning the staff necessary for conducting
elections.
· To supervise the
machinery of elections throughout the country to ensure free and fair
elections.
· To advise the
president whether elections can be held in a state under president’s rule in
order to extend the period of emergency after one year.
· To register
political parties for the purpose of elections and grant them the status of
national or state parties on the basis of their poll performance.
The
Union Public Service commission (UPSC) is the central recruiting agency in
India. It is an Independent constitutional Body in the sense that it has been
directly created by the constitution. Article 315 to 323 in part XIV of the
constitution contain elaborate provisions regarding the composition,
appointment and removal of members along with the independence, powers and
functions of the UPSC
· Subject to the
provisions of this article, there shall be a Public Service Commission for the
Union and a Public Service Commission for each State.
· Any such law as
aforesaid may contain such incidental and consequential provisions as may be
necessary or desirable for giving effect to the purposes of the law.
· The Public Service
Commission for the Union, if requested so to do by the Governor of a State,
may, with the approval of the President, agree to serve all or any of the needs
of the State.
1.
The
Chairman and other members of a Public Service Commission shall be appointed,
in the case of the Union Commission or a Joint Commission, by the President,
and in the case of a State Commission, by the Governor of the State:
·
Almost
one-half of the members of every Public Service Commission shall be persons who
at the dates of their respective appointments have held office for at least ten
years either under the Government of India or under the Government of a State,
and in computing the said period of ten years any period before the
commencement of this Constitution during which a person has held office under
the Crown in India or under the Government of an Indian State shall be
included.
·
If
the office of the Chairman of the Commission becomes vacant or if any such
Chairman is by reason of absence or for any other reason unable to perform the
duties of his office, those duties shall, until some person appointed under
clause (1) to the vacant of office has entered on the duties thereof or, as the
case may be, until the Chairman has resumed his duties, be performed by such
one of the other members of the Commission as the President, in the case of the
Union Commission or a Joint Commission, and the Governor of the State in the
case of a State Commission, may appoint for the purpose.
2.
A
member of a Public Service Commission shall hold office for a term of six years from the date on
which he enters upon his office or until he attains, in the case of the Union
Commission, the age of sixty-five years,
and in the case of a State Commission or a Joint Commission, the age of sixty-two years, whichever is earlier:
· A member of a Public
Service Commission may, by writing under his hand addressed, in the case of the
Union Commission or a Joint Commission, to the President, and in the case of a
State Commission, to the Governor of the State, resign his office; A member of
a Public Service Commission may be removed from his office in the manner
provided in clause (1) or clause (3) of article 317.
·
A
person who holds office as a member of a Public Service Commission shall, on
the expiration of his term of office, be ineligible for reappointment to that
office.
· The
Chairman or any other member of a Public Service Commission shall only be
removed from his office by order of the President on the ground of misbehaviour
after the Supreme Court, on reference being made to it by the President.
· The President may by
order remove from office the Chairman or any other member of a Public
Service Commission if the Chairman or such other member, as the case may
be,—
a. is
adjudged an insolvent; or
b. engages
during his term of office in any paid employment outside the duties of his
office; or
c. is,
in the opinion of the President, unfit to continue in office by reason of
infirmity of mind or body
· If the
Chairman or any other member of a Public Service Commission is or becomes in
any way concerned or interested in any contract or agreement made by or on
behalf of the Government of India or the Government of a State or participates
in any way in the profit thereof or in any benefit or emolument arising
therefore otherwise than as a member and in common with the other members of an
incorporated company, he shall, for the purposes of clause (1), be deemed to be
guilty of misbehaviour.
Under
Article 320 of the Constitution of India, the Commission is, inter-alia,
required to be consulted on all matters relating to recruitment to civil
services and posts. The functions of the Commission under Article 320 of the
Constitution are:
1. Conduct
examinations for appointment to the services of the Union.
2. Direct
recruitment by selection through interviews.
3. Appointment
of officers on promotion / deputation / absorption.
4. Framing
and amendment of Recruitment Rules for various services and posts under the
Government.
5. Disciplinary
cases relating to different Civil Services such as
·
Censure (Severe
disapproval)
·
Withholding of
increments
·
Withholding of
promotions
·
Recovery of
pecuniary loss
·
Reduction to
lower service or rank (Demotion)
·
Compulsory
retirement
·
Removal from
service
·
Dismissal from
service
6. Advising
the Government on any matter referred to the Commission by the President of
India.
Limitations of UPSC:-
The following matters are kept outside the functional jurisdiction of the UPSC.
In other words, the UPSC is not consulted on the following matters:
·
While
making reservations of appointments or posts in favour of any backward class of
citizens.
·
While
taking into consideration the claims of scheduled castes and scheduled tribes
in making appointments to services and posts.
·
With
regard to the selections for chairmanship or membership of commissions or
tribunals, posts of the highest diplomatic nature and a bulk of group C and
group D services.
·
With
regard to the selection for temporary or officiating appointment to a post if
the person appointed is not likely to hold the post for more than a year
Parallel to the UPSC there will be a
state public service commission at every state and which are described in the
constitution under Article 315 to 323 of the constitution.
A State Public Service
Commission consists of a chairman and other members appointed by the governor
of the state. There is not specific strength described in the constitution for
SPSC. The chairman and members of the Commission hold office for a term of six
years or until they attain the age of 62 years. The governor can appoint one of
the members of the SPSC as an acting chairman in the following two
circumstances:
a.
When
the office of the chairman falls vacant; or
b.
When
the chairman is unable to perform his functions due to absence or some other
reason.
Although the chairman and
members of a SPSC are appointed by the governor, they can be removed only by
the president (and not by the governor). The president can remove them on the
same grounds and in the same manner as he can remove a chairman or a member of
the UPSC. Thus, he can remove him under the following circumstances:
a. If he is adjudged an
insolvent (i.e., has gone bankrupt); or
b. If he engages, during his
term of office, in any paid employment outside the duties of his office; or
c. If he is, in the opinion
of the president, unfit to continue in office by reason of infirmity of mind or
body
Functions:-
A SPSC performs all those functions in respect of the state services as the
UPSC does in relation to the Central services:
a.
It
conducts examinations for appointments to the services of the state.
b.
It is
consulted on the following matters related to personnel management:
·
All
matters relating to methods of recruitment to civil services and for civil
posts.
·
The
principles to be followed in making appointments to civil services and posts
and in making promotions and transfers from one service to another.
·
The
suitability of candidates for appointments to civil services and posts; for
promotions and transfers from one service to another; and appointments by
transfer or deputation.
The concerned departments make recommendations for promotions and request the
SPSC to ratify them.
·
All
disciplinary matters affecting a person serving under the government of the
state in a civil capacity including memorials or petitions relating to such
matters. These include:
— Censure (severe disapproval)
— Withholding of increments
— Withholding of promotions
— Recovery of pecuniary loss
— Reduction to lower service or rank (demotion)
— Compulsory retirement
— Removal from service
— Dismissal from service
·
Any
claim for reimbursement of legal expenses incurred by a civil servant in
defending legal proceedings instituted against him in respect of acts done in
the execution of his official duties.
·
Any
claim for the award of a pension in respect of injuries sustained by a person
while serving under the government of the state and any question as to the
amount of any such award.
The Constitution makes a
provision for the establishment of a Joint State Public Service Commission
(JSPSC) for two or more states. While the UPSC and the SPSC are created
directly by the Constitution, a JSPSC can be created by an act of Parliament on
the request of the state legislatures concerned. Thus, a JSPSC is a statutory
and not a constitutional body.
For Example: The two
states of Punjab and Haryana had a JSPSC for a short period, after the creation
of Haryana out of Punjab in 1966.
|
Article No. |
Functions |
|
315 |
Public Service Commissions for the Union and for the states. |
|
316 |
Appointment and term of office of members. |
|
317 |
Removal and suspension of a member of a Public Service Commission. |
|
318 |
Power to make regulations as to conditions of service of members and
staff of the Commission. |
|
319 |
Prohibition as to the holding of office by members of commission on
ceasing to be such members. |
|
320 |
Functions of Public Service Commission. |
|
321 |
Power to extend functions of Public Service Commission. |
|
322 |
Expenses of Public Service Commission. |
|
323 |
Reports of Public Service Commissions. |
· Finance Commission also
serves a constitutional body for the purpose of allocation of certain resources
of revenue between the Union and the State Governments. It was established
under Article 280 of the Indian Constitution by the President of India. It was
formed to define the financial relations between the centre and the state.
· Finance Commission of
India was formulated with the purpose of allocation of resources between the
Union and the States. It is constituted by the President and all appointments
to the commission are made by him as well. Finance Commission of India was
formed in the year 1951 under Article 280 of the Constitution of India. The
Commission was structured according to the world standards. The objective of
forming the Finance Commission was to allocate resources of the revenue between
the Union and the State Governments in India adequately.
The parliament has
prescribed the following qualifications for the members of the finance commission:
·
He
must to be a citizen of India,
·
He
should be qualified to be judge to a High Court, or
·
He
should have special knowledge of the finance and accounts of the government, or
·
He
should have wide experience in the financial matters and in administration, or
·
He
should have special knowledge of economics.
The term of office,
salary and allowances, conditions of service of the chairman and other members
or the commission base determined by the president from time to time.
·
Article 280 of the Constitution of India has fixed
the total strength of the Finance Commission by specifying that it should
consist of a chairman and four other members.
·
They are appointed by the president, and they hold
office for such period as specified by the President in his order. They are
eligible for reappointment.
·
The success of a Finance Commission depends among
other things on the abilities and experience of the persons who serve on it.
Since the commission has
to be constituted at regular intervals, a certain measure of continuity in the
work of these commissions is ensured. Each commission benefits by the work of
previous commission. Finance commission has to make recommendations to the
President on two specific matters and on any other mater referred to the
commission by the president in the interest of Sound Finance. The two specific
matters are as follows:
How the net proceeds of
taxes should be distributed between the Union and States
On what principles, the
grants-in-aid of the revenues of the State out of the Consolidated Fund of
India should be giving to needy states.
The President, after
considering the recommendations of the Finance Commission with regard to income
tax, prescribes by order the percentages and the manner of distribution. So,
parliament is not directly concerned with the assignment and distribution of
the income tax.
Finance Commission does
not tell the Union Government on how to increase its funds. Its work is to make
recommendations on distribution between the Union and the States of the net
proceeds of taxes and the principles which should govern the grants-in-aid of
the revenues of the States out of the Consolidated Fund of India and the sums to
be paid to the States which are in need of assistance by way of grants-in-aid
of their revenues.
·
Regarding States Finance Commission
suggests the measures needed to augment the Consolidated Fund of a
State to supplement the resources of the Panchayat and Municipalities in
the State on the basis of the recommendations made by the Finance Commission of
the State.
·
On Panchayat and
Municipalities
The role of the Finance Commission has widened after the 73rd and 74th
Constitutional amendments to recognise the rural and urban local bodies as the
third tier of government. Article 280 (3) (bb) and Article 280 (3) (c) of the
Constitution mandate the Commission to recommend measures to augment the
Consolidated Fund of a State to supplement the resources of Panchayats and
Municipalities based on the recommendations of the respective State Finance
Commissions (SFCs). This also includes augmenting the resources of Panchayat
and municipalities.
|
Finance
Commission |
Year
of Establishment |
Chairman |
Operational
Duration |
|
First |
1951 |
K. C. Neogy |
1952–57 |
|
Second |
1956 |
K.
Santhanam |
1957–62 |
|
Third |
1960 |
A. K. Chanda |
1962–66 |
|
Fourth |
1964 |
P. V.
Rajamannar |
1966–69 |
|
Fifth |
1968 |
Mahaveer Tyagi |
1969–74 |
|
Sixth |
1972 |
K. Brahmananda
Reddy |
1974–79 |
|
Seventh |
1977 |
J. M. Shelat |
1979–84 |
|
Eighth |
1983 |
Y. B.
Chavan |
1984–89 |
|
Ninth |
1987 |
N. K. P.
Salve |
1989–95 |
|
Tenth |
1992 |
K. C. Pant |
1995–2000 |
|
Eleventh |
1998 |
A. M.
Khusro |
2000–2005 |
|
Twelfth |
2002 |
C.
Rangarajan |
2005–2010 |
|
Thirteenth |
2007 |
Dr. Vijay
L. Kelkar |
2010–2015 |
|
Fourteenth |
2013 |
Dr. Y. V
Reddy |
2015–2020 |