Appointments to various constitutional posts in India are governed by specific provisions in the Constitution to ensure the independence, integrity, and accountability of these offices.
1. President of India
- Appointment:
- Elected by an Electoral College consisting of elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of States and Union territories.
- Powers and Functions:
- Executive Powers: Appoints the Prime Minister and other Union Ministers, Governors of States, and key officials like the Attorney General and Comptroller and Auditor General.
- Legislative Powers: Summons, prorogues, and dissolves the Parliament, gives assent to bills, issues ordinances.
- Judicial Powers: Appoints judges of the Supreme Court and High Courts, grants pardons and reprieves.
- Military Powers: Supreme Commander of the Armed Forces.
- Diplomatic Powers: Appoints ambassadors, receives foreign dignitaries.
2. Vice President of India
- Appointment:
- Elected by an electoral college consisting of members of both Houses of Parliament.
- Powers and Functions:
- Legislative: Ex-officio Chairman of the Rajya Sabha.
- Executive: Acts as President in the event of the President's absence, resignation, removal, or death.
3. Prime Minister of India
- Appointment:
- Appointed by the President, typically the leader of the majority party in the Lok Sabha.
- Powers and Functions:
- Heads the Council of Ministers and the Union Executive.
- Advises the President on the appointment of ministers and other key officials.
- Represents the country domestically and internationally.
- Plays a crucial role in policy formulation and implementation.
4. Governor of a State
- Appointment:
- Appointed by the President.
- Powers and Functions:
- Executive: Appoints the Chief Minister and other state ministers, key state officials.
- Legislative: Summons, prorogues, and dissolves the state legislature, gives assent to state bills, issues ordinances.
- Judicial: Can grant pardons and reprieves for offenses against state laws.
- Miscellaneous: Oversees the administration of the state, acts as a link between the state and central governments.
Constitutional Bodies: Powers, Functions, and Responsibilities
1. Election Commission of India (ECI)
- Appointment:
- Chief Election Commissioner (CEC) and Election Commissioners are appointed by the President.
- Powers and Functions:
- Conducts free and fair elections to the Parliament, State Legislatures, and offices of the President and Vice President.
- Prepares electoral rolls, monitors the election process, and ensures compliance with model code of conduct.
- Delimitation of constituencies and allocation of seats.
- Registers political parties and monitors their compliance with electoral laws.
2. Comptroller and Auditor General of India (CAG)
- Appointment:
- Appointed by the President.
- Powers and Functions:
- Audits all receipts and expenditures of the central and state governments, including those of bodies financed by the government.
- Audits government companies and other public sector enterprises.
- Reports are submitted to the President or Governors, who present them to the respective legislatures.
3. Union Public Service Commission (UPSC)
- Appointment:
- Chairman and members are appointed by the President.
- Powers and Functions:
- Conducts examinations for recruitment to the All India Services and Central Services.
- Advises the government on matters related to personnel management, including recruitment, promotions, and disciplinary actions.
4. State Public Service Commissions (SPSC)
- Appointment:
- Chairman and members are appointed by the Governor.
- Powers and Functions:
- Similar to UPSC but confined to the respective state.
- Conducts exams and advises the state government on personnel management.
5. Finance Commission
- Appointment:
- Appointed by the President every five years.
- Powers and Functions:
- Recommends the distribution of net proceeds of taxes between the Centre and the states.
- Determines the principles governing grants-in-aid to states from the Consolidated Fund of India.
- Advises on any other matter referred to it by the President.
6. Attorney General of India
- Appointment:
- Appointed by the President.
- Powers and Functions:
- Chief legal advisor to the government.
- Represents the government in legal matters before the Supreme Court and High Courts.
- Can participate in proceedings of Parliament but without the right to vote.
7. Advocate General of a State
- Appointment:
- Appointed by the Governor.
- Powers and Functions:
- Legal advisor to the state government.
- Represents the state in legal matters before the High Court.
Issues Arising Out of Constitutional Bodies
1. Independence and Autonomy
- Challenge: Ensuring that constitutional bodies remain free from executive and legislative interference.
- Impact: Compromised effectiveness and credibility.
2. Accountability
- Challenge: Balancing autonomy with accountability mechanisms.
- Impact: Lack of transparency and possible misuse of power.
3. Appointments and Tenure
- Challenge: Controversies over the appointment process and tenure security.
- Impact: Politicization and lack of impartiality.
4. Resource Constraints
- Challenge: Adequate funding and staffing.
- Impact: Inefficiency and inability to perform mandated functions effectively.
5. Reforms and Modernization
- Challenge: Updating procedures and adopting new technologies.
- Impact: Resistance to change and outdated practices.
