Indian Polity – Comptroller & Auditor General, Attorney General, Election Commission Notes | Study Current Affairs & General Knowledge - CLAT

Union Public Service Commission (UPSC)

Status

• Composition is determined by the President.
• The members of the UPSC are appointed for a term of 6 yrs, or till they attain 65 yrs of age.
• Can resign earlier to the President.
• President can remove them by issuing orders. Only the Supreme Court makes such. a recommendation on the basis of an inquiry.
• Members of the UPSC are not eligible for employment by the govt. after retirement.

Functions

• To conduct exams for appointment to services under the Union.
• Advise the President (not obligatory on him) in matters relating to appointment, promotions & transfers from one service to another of civil servants.
• All disciplinary matters affecting a person in the service of Union.
• Matters regarding award of pension & awards in respect to injuries sustained during service under the govt.
• Maintains continuity of administration.

Comptroller & Auditor General of India (CAG)

Status

• Appointed by the President.
• A person with long administrative experience & knowledge of accounts is appointed.
• Holds office for 6 yrs or till 65 of age.
• The President can remove him only on the recommendation of the 2 houses of Parliament (as in the case of the judge of the Supreme Court).

Functions

• He is the guardian of the public purse. His duties are to audit the accounts of the Union and the States and to ensure that nothing is spent out of the Consolidated Fund of India or of the States without the sanction of the Parliament or the respective State Legislature.
• He submits an audit report of the Union the President who shall lay it before the Parliament and the audit reports of the States to the respective Governors who shall lay it before the respective State Legislature.
• In short the CAG acts as the custodian & trustee of public money.

Attorney General of India

Status

• Highest legal officer of the Union Govt.
• Appointed by the President.
• The person should be qualified to be appointed a judge of the Supreme Court.
• He is allowed to take up private practice provided the other party is not the State. Because of this, he is not paid a salary but a retainer to be determined by the President.
• In England, the Attorney General is a member of the Cabinet, but in India, he is not. It is a political appointment and therefore, whenever there is a change in the party in power the Attorney General resigns from his post to enable the new Government to appoint a nominee of his choice.
• The Attorney General is assisted by two Solicitors-General and four Additional Solicitors-General.
• The Attorney General gets a retainer equivalent to the salary of a judge of the Supreme Court.

Functions

• He is entitled to the audience in all courts of the country & can take part in the proceedings of the Parliament & its committees. However, he is not given the right to vote.
• Gives advice on all such legal matters which may be referred to or assigned to him by the President.
• Appears before the Supreme Court and various High Court in cases involving the govt. of India.

Election Commission (Article 324) 

• The Constitution provides for an independent election commission to ensure free and fair election to the Parliament, the State Legislature, and the offices of President and Vice-President.
• Consists of Chief Election Commissioner + 2 Election commissioners. They all enjoy equal powers.
• The Chief Election Commissioner is appointed by the President and the other Election Commissioners are appointed by the President after consultation with the Chief Election Commissioner. Article 324 also provides for the appointment of Regional Commissioners at the time of General Election after consultation with the Election Commission.
• Election Commissioners are appointed for a term of yrs.
• They are not eligible for re-appointment. Also, they cannot hold any office of profit after their retirement.
• The term of 6 yrs can be cut short by resignation or removal by the President on the recommendation of the Parliament ( Same as that of Judge of the Supreme Court).

Functions

• Preparation of electoral rolls & keeping voters list updated.
• Preparation of code of conduct for all political parties.
• Recognition of various political parties & allotment of election symbols.
• Appointment of election officers to look into disputes concerning election arrangements.
• To examine the returns of election expenses filed by the candidate.