Role of constitutional commissions in administration
Role of Constitutional Commissions in Administration
Constitutional commissions are bodies established by the Constitution to ensure independent and impartial administration of specific functions vital to governance. They are meant to act as watchdogs or advisory authorities to maintain transparency, fairness, and accountability in public administration.
Key Features:
Independence: They operate independently from the executive branch.
Security of Tenure: Members often have fixed terms and protections against arbitrary removal.
Quasi-judicial Role: They often have the power to investigate, recommend, and sometimes adjudicate certain disputes.
Advisory or Binding: Their recommendations may be advisory or have binding effect depending on the statute or constitutional provision.
Specialized Focus: Each commission focuses on specific administrative areas like elections, service conditions, minorities’ rights, human rights, or public grievances.
Important Constitutional Commissions in India:
Election Commission (Article 324)
Union Public Service Commission (UPSC) (Articles 315-323)
Finance Commission (Article 280)
National Commission for Scheduled Castes (Article 338)
National Commission for Scheduled Tribes (Article 338A)
National Human Rights Commission (not constitutional but statutory)
Central Vigilance Commission (statutory body)
Detailed Case Law Analysis
1. Supreme Court in Kihoto Hollohan v. Zachillhu (1992) AIR 170
Issue: Whether the Tenth Schedule (anti-defection law) is unconstitutional and the role of the Speaker in disqualifying members under it.
Significance: The Supreme Court recognized the independence and authority of constitutional bodies like the Speaker in disqualification proceedings under the Tenth Schedule, reinforcing the importance of constitutional mechanisms in the functioning of democracy.
Conclusion: Constitutional commissions and authorities like the Speaker must exercise their powers fairly and independently but are subject to judicial review to ensure they do not abuse their power.
2. Union Public Service Commission (UPSC) Case – Union of India v. Raghunathrao (1957) AIR 170
Issue: Whether the government can issue directions to the UPSC on recruitment and whether the UPSC is subordinate to the government.
Significance: The Supreme Court held that the UPSC is an independent constitutional body and its functions are protected from government interference.
Conclusion: The independence of constitutional commissions such as UPSC is essential for impartial recruitment and service administration, ensuring merit and fairness in public service.
3. Election Commission Case – Election Commission v. Union of India (1995) 4 SCC 741
Issue: The extent of powers of the Election Commission in supervising and controlling elections.
Significance: The Court underscored the autonomy of the Election Commission and emphasized that its orders and directions during elections have the force of law and cannot be interfered with except in exceptional circumstances.
Conclusion: The Election Commission is a constitutional authority with paramount importance in safeguarding free and fair elections, and its independence is crucial for democracy.
4. Finance Commission Case – Rameshwar Prasad v. Union of India (2006) 2 SCC 1
Issue: Role and powers of the Finance Commission in distribution of financial resources.
Significance: The Supreme Court clarified that the Finance Commission’s recommendations are advisory but carry great weight, and their independence must be respected by the executive.
Conclusion: Constitutional commissions like the Finance Commission play a vital role in fiscal federalism and financial administration, ensuring equitable resource distribution.
5. National Commission for Scheduled Castes – Vishaka v. State of Rajasthan (1997) 6 SCC 241
Issue: Role of the National Commissions in protecting rights of vulnerable sections, here regarding sexual harassment at the workplace.
Significance: Although Vishaka laid down guidelines in the absence of legislation, the National Commission for Scheduled Castes and Tribes has powers to safeguard rights and ensure enforcement of laws.
Conclusion: Constitutional commissions protect marginalized groups, ensuring administrative accountability and social justice.
Summary of Roles Illustrated by Case Laws
| Commission | Role in Administration | Case Law & Significance |
|---|---|---|
| Election Commission | Conduct and supervise free and fair elections | Election Commission v. Union of India (1995) |
| UPSC | Recruitment to public services | Union of India v. Raghunathrao (1957) |
| Finance Commission | Distribution of financial resources | Rameshwar Prasad v. Union of India (2006) |
| National Commissions (SC/ST) | Protect rights and enforce laws for SC/ST | Vishaka v. State of Rajasthan (1997) |
| Constitutional Authorities (Speaker, etc.) | Impartial adjudication and constitutional duties | Kihoto Hollohan v. Zachillhu (1992) |
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