CONSTITUTIONAL BODIES IN INDIA- PART 2

 11. State Finance Commission

The core of financial liberalism is the Finance Commission, a body that is required by the Constitution. Established pursuant to Article 280 of the Constitution, its primary duty is to assess the financial health of the Union and State Governments, make recommendations about the sharing of taxes, and establish the guidelines governing the transfer of these taxes among the states. A Finance Commission must be established by the governor of a state every five years in accordance with Article 243-I of the Indian Constitution. As a result of the 73rd and 74th Constitutional Amendment Act of 1992, the State Finance Commission (SFC) was established as a constitutional authority. The notion of cooperative federalism is strengthened by the wide and thorough consultations it conducts with all levels of government. Additionally, it makes suggestions for enhancing the calibre of public spending and fostering budgetary stability. There have been fifteen Finance Commissions since the first one was established in 1951. Each of them has encountered a distinct set of difficulties.

The chairman, member secretary, and other members often make up a finance commission in the United States. Grants are given to state finance commissions by the federally established finance commission.

 12. State Public Service Commission

In accordance with the Government of India Act, 1935, a state public service commission had to be established at the provincial level. Later, the Indian Constitution granted it constitutional standing. The State Public Service Commission operates at the state level in parallel with the Union Public Service Commission in the centre. A State Public Service Commission’s membership, appointment, and removal, as well as its authority and functions, are all covered under the same group of articles (315 to 323 in Part XIV of the Constitution). The commission is made up of a chairman and other members.

Similar to how UPSC handles them at the national level, a state public service commission handles them at the state level. Consequently, a state PSC is in charge of the following:

  • It administers tests in order to appoint the services in the state.
  • Methods for selecting candidates for state civil service and other positions.
  • Guidelines for conducting these recruitments
  • Deciding on promotions and transfers between services, disciplinary issues

 13. State Election Commission

In order to guarantee that elections are held in a free, fair, and impartial manner, the State Election Commission (India) was established in the States and Union Territories of India. The functions of the Election Commission are protected by the provisions of Article 324 of the Indian Constitution. Elections for Urban Local Bodies including Municipalities, Municipal Corporations, Panchayats, and any other designated by Election Commission of India are handled by States Election Commission in India. The governor of the state or union territory appoints them. The Chief Electoral Officer and the number of members and employees indicated as needed by the Acts of the individual state governments make up the State Election Commission. State Election Commissioners are independent individuals who do not have positions or offices in any organisations associated with the federal or state governments. Indian State Electoral Commissions are responsible for:

  • Hold elections for local governments in the state.
  • Conduct panchayat elections for provincial municipalities.
  • Exemplary code of conduct enforced in municipal elections.

 14. Scheduled Area and Scheduled Tribes Commission

The Government of India, in accordance with Section 339(1) of the Constitution, has appointed a Scheduled Area and Scheduled Tribes Commission to study the constitutional guarantees of ST, with particular reference to the Fifth and Sixth Schedules of the Constitution, and to report submit. They outline to the President how these safeguards will work and our vision for the future, and develop a comprehensive tribal policy that can be implemented.

Part 10 of the Indian Constitution contains provisions on corporate and tribal areas in Articles 244 to 244A. The president has the power to declare an area as a planned area in consultation with the governors, the President may change, add or reduce the boundaries of the incorporated territories. Both the Centre and the State serve as custodians of registered territories. While the Governor is required to report annually to the President on the administration of such areas, the Centre provides direction to the State regarding the administration of such areas.

The committee consists of a chairperson, a vice-chairperson, and three full-time members (including one female member). The term of office of every member of the Commission shall be three years from the date of his appointment.

15. District Planning Committee

Article 243ZD of the Indian Constitution establishes a district planning committee (DPC) at the district level planning at the district and below. A draft development plan for each district should be created by the committee in each district, which should combine the plans created by the Panchayats and municipalities in the district.

One of the DPC’s main tasks is to combine plans for rural and urban areas. This is especially important in light of the growing issues that come with urban expansion into rural areas.  It serves as a link between Panchayats and Urban Local Bodies.

All states and union territories except Meghalaya, Mizoram, Nagaland, J&K and NCT of Delhi are required to set up district planning committees in accordance with Article 243ZD of the Constitution of India.

 16. Metropolitan Planning Committee

Article 243 ZE provides for the establishment of the Metropolitan Planning Commission. In 2007, an MPC was set up with composition as stipulated in the Constitution but its mandate was minimal. The article is intended to establish a metropolitan planning committee for each metropolitan area and formulate a development plan.

The metropolitan Planning Commission is intended to be a democratically elected high-level body that gives constitutional authority over the entire metropolitan development planning process.

  • He/she drafts a metropolitan area development plan.
  • Coordination of plans developed by local governments and Panchayat in metropolitan areas, including coordinating regional spatial planning.

Chief Minister is the chairman of the metropolitan planning Committee. Metropolitan Planning Committee consists of ex-officio members, nominated members and elected members, Principal Secretary, UDD and Divisional.

 17. Advocate General of State

State Attorney General is a constitutional office and an office under Section 165 of the Indian Constitution. The Chief Justice of an Indian state is called Attorney General. The powers and functions of the Attorney General are also set out in Articles 165 and 177 of the Indian Constitution. A draft of Article 145 (Article 165) was deliberated on June 1, 1949 led to the creation of an attorney general’s office in each state and set the terms of service for that office. The Governor appoints the Attorney General on the advice of the State Council of Ministers.

The primary duties and functions of the State Attorney General are:

  • He is responsible for advising the state government on legal matters referred to it by the governor.
  • He must also perform all statutory duties assigned to him by the Governor. The tasks and functions specified therein are bound by the Constitution.

They shall be appointed by the President of India by order of the Union Cabinet pursuant to Section 76(1) of the Constitution and shall hold office for as long as the President desires. Must be qualified to be appointed as a Supreme Court Justice. R. Venkataramani is the Attorney General of India from October 1, 2022, he is the16th Attorney General.

 18. Backward Classes Commission

Backward Classes Commission is a constitutional body reporting to the Ministry of Social Justice and Empowerment (as stipulated in Section 338B of the Indian Constitution by Section 123 Amendment to the Constitution 2017 and Section 102 Amendment to the Constitution 2018). It is established under the terms of the National Commission for the Backward Class Act 1993, on August 14, 1993.

The Commission shall consist of the Chair, Vice-Chair and her three other members, and the terms and terms of office of the Chair, Vice-Chair and other appointed members shall be determined by regulations of the President.

It is the duty of the Commission;

  • To investigate and monitor all matters relating to the protection provided to socially and educationally disadvantaged classes under this Constitution or any other law or governmental order now in force, and to enforce such protection; Evaluate effectiveness.
  • Investigate specific complaints about disenfranchisement and security of socially and educationally disadvantaged classes.

The chairman of the commission is Mr Hansraj Gangaramji Ahir.

19.Official Language Commission and Official Language Committee of Parliament

The Official Languages Commission is an Indian Commission established by the President of India under the provisions of Article 344 of the Indian Constitution. The Commission was established on 7 June 1955 after being contacted by the Ministry of Home Affairs, Government of India. T. The Commission consisted of his 30 members, of whom 20 were members of the People’s Chamber and 10 were members of the National Council, each proportionally represented by the members of the People’s Chamber and the members of the National Council elected under a representative system in Single Transferable Vote.

The Commission’s duties are to make recommendations to the President on:

  • Progressive use of Hindi for official purposes of the Union.
  • Restrictions on the use of English for all or part of the union’s official purposes.
  • language used for all or part of the purposes referred to in Article 348;

The official language committee is chaired by Sri Amit Shah.

 20.Special Officer for Linguistic Minorities

The Special Officer for Linguistic Minorities is an official appointed by the President of India to protect the rights of linguistic minorities. A linguistic minority is a group of people whose native language differs from the language of the majority in a state or part of a state. In accordance with the provisions of Article 350-B of the Constitution, the Office of the Special Representative of Linguistic Minorities was established in 1957. He/she has been appointed Commissioner of Linguistic Minorities.

The Commissioner is based in New Delhi. It has three regional offices in Belgaum (Karnataka), Chennai (Tamil Nadu), Kolkata (West Bengal) and Phrayaguraj (Uttar Pradesh). Each is headed by a Vice-Chairman. The Commissioner is assisted at headquarters by Deputy Commissioners.

Purpose of Special Representatives for Linguistic Minorities

  • Provide language minorities an equal opportunity for inclusive development and national integration
  • Raise awareness of linguistic minorities about the rights they protect.
  • Ensuring effective implementation of the rights and protections guaranteed by the Indian Constitution
  • He/she is appointed by the President of India. It is the duty of the Special Representative to investigate all issues relating to constitutional protections for linguistic minorities.

Shri Srinivas Danda is the Commissioner for Linguistic Minorities.

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