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Mission Nikaalo Prelims

[Prelims Spotlight] Constitutional and Quasi-judicial bodies.

 

Prelims Spotlight is a part of “Nikaalo Prelims 2020” module. This open crash course for Prelims 2020 has a private telegram group where PDFs and DDS (Daily Doubt Sessions) are being held. Please click here to register.


28 March 2020

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.

2. 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 years and 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 Commission in 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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AK017
6 months ago

What is the difference between term and tenure, viz. tenure for ECs is 6 yrs but their term is not specified in the constitution.