Day 29 – Q 1.Examine the provisions that safeguard various constitutional posts from executive interference.

1. Examine the provisions that safeguard various constitutional posts from executive interference. 

उन प्रावधानों की जांच करें जो कार्यकारी हस्तक्षेप से विभिन्न संवैधानिक पदों की रक्षा करते हैं।

Introduction:

Constitutional Bodies in India are the permanent or semi-permanent organization within the machinery of government. These bodies are responsible for the administration of specific functions. The functions of these bodies are usually executive type.

Body

The Constitution of India specifies the setting up of following major constitutional bodies and has given appointment to various constitutional posts.

The major constitutional bodies in India are as under:

• Union Public Service Commission (UPSC)
• State Public Service Commission
• Joint State Public Service Commission
• The Comptroller and Auditor General of India
• Election Commission of India
• Finance Commission of India
• National Commission for Scheduled Castes (NCSC)
• National Commission For Scheduled Tribe
• Staff Selection Commission (SSC)
• Central Vigilance Commission (CVC)

Safeguards:

• Appointment & Tenure: Constitutional posts like EC, CAG, Chairman of UPSC etc are appointed by the President of India and has a fixed tenure. Eg The Chief Election Commissioner is appointed for a period of 6 years or upto 65 years of age, whichever is earlier. 
• Salary and Allowances: The salary and pension are charged upon Consolidated fund of India, which can not be changed after their appointment. Moreover, fund from CFI is not subjected to vote in the parliament. 
• Removal: Most of the constitutional post have stringent rules and procedure in the Constitution for their removal. It is not done on the whims and fancy of the Executive.

Eg the office of CAG can be removed by the President in the same manner as that of judges of Supreme Court, which requires special majority in both Houses of Parliament.

• Reappointment: to maintain the independency of the post there is no reappointment for most of the office of Constitutional posts. Example: No second term to the office of CAG, UPSC chairman etc.

Conclusion 

A Constitutional body is formed under detailed instructions given in the Constitution. It is compulsory for the government to set up such a body and it cannot dispense off with it easily when it becomes uncomfortable. Such bodies or institutions are written into the Constitution of a nation and cannot be eliminated without amending that part of the Constitution which sometimes also requires consent of the states