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Constitutional and Statutory Bodies

 

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27st Aug 2021

Constitutional bodies

 

Appointment

Tenure

Removal

Process of removal

Eligibility for reappointment w/i govt.

Attorney general (Advocate general)

President (governor)

Pleasure of President (governor)

President (governor)

No reason needs to be mentioned

Yes

Election Commission (SEC)

President (governor)

6 years/ 65

President

CEC and SEC by a special majority

Other ECs on the recommendation of CEC

Yes

Finance commission (SFC)

President (governor)

Specified by president

NA

NA

Yes

UPSC (SPSC)

President (governor)

6 years/ 65

President

After enquiry by supreme court

Members can become Chair, state members can become chair or member or chair of UPSC

CAG

President

6 years/ 65

President

Special majority

No

 

Statutory bodies

 

Appointment

Committee members

Other members

Tenure

Removal

NHRC (SHRC)

President (Governor)

6 (PM + LOP Lok Sabha)

Speaker, Deputy CP RS, LOP RS, home minister

3 years*/ 70

President after Supreme Court inquiry

CIC (SIC)

President (Governor)

3 ((PM + LOP Lok Sabha)

Cabinet Minister nominated by PM

As prescribed by the Central Govt*./ 65

President (governor for SIC) after supreme court inquiry

CVC

President (governor)

3 ((PM + LOP lok sabha)

Home minister

4 years/ 65

President after Supreme court inquiry

Lokpal

President

5 (PM + LOP lok sabha

Speaker, CJI, eminent jurist

5 years/ 70

Like a Supreme Court judge

* After amendments in the respective acts in 2019.

In the news: 
  1. Amendment to the RTI Act (July 2019)
  • Section 13 of the original Act sets the term of the central Chief Information Commissioner and Information Commissioners at five years(or until the age of 65, whichever is earlier). The amendment proposes that the appointment will be “for such term as may be prescribed by the Central Government”.
  • The amendment proposes that the salaries, allowances and other terms of service of the Chief Information Commissioner and the Information Commissioners “shall be such as may be prescribed by the Central Government” which was earlier at par with Chief Election Commissioner.
  1. Amendment to Protection of Human Rights Act (July 2019)
  • It reduced the term of the Chairperson and Members of the Commission and the State Commissions from five to three yearsand shall be eligible for re-appointment.
  • Provision was added which says a person who has been a Judge of the Supreme Court is also eligible to be appointed as Chairperson of the Commission in addition to the person who has been the Chief Justice of India.
  • The amendment made provision that a person who has been a Judge of a High Court is also made eligible to be appointed as Chairperson of the State Commissionin addition to the person who has been the Chief Justice of the High Court.
  • It conferred upon State Commissions, the functions relating to human rights being discharged by the Union territories, other than the Union territory of Delhi, which will be dealt with by the Commission.

 


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