In India, a Constitutional body is a body or institute established by the Constitution of India. They can only be created or changed by passing a constitutional amendment bill, rather than an Act of Parliament.
The members of Constituent Assembly of India recognised the need for independent institutions which can regulate sectors of national importance without any executive interference. As such, they introduced constitutional provisions, paving the way for creation of Constitutional bodies. A classic example of a constitutional body is the Election Commission of India, which is created to conduct and regulate the national and state elections in India.
A Constitutional body has either complete independence or functional independence when discharging their constitutional obligations. In India, typically members of such constitutional bodies can only be removed by a 2/3 rd majority vote in both houses of Parliament.
Article | Constitutional Bodies |
---|---|
76 | Attorney General of India |
148 | Comptroller and Auditor General of India |
165 | Advocate General Of State |
243-I | State Finance Commission |
324 | State Election Commission [1] |
243ZD | District Planning Committee |
243ZE | Metropolitan Planning Committee |
263 | Inter-State Council |
280 | Finance Commission |
279A | Goods and Service Tax Council [2] |
315-323 | UPSC and State Public Service Commission |
324 | Election Commission of India |
338 | National Commission for Scheduled Castes |
338A | National Commission for Scheduled Tribes |
338B | National Commission for Backward Classes [3] |
339 | Scheduled Area and Scheduled Tribes Commission |
340 | Backward Classes Commission |
344 | Official Language Commission and Official Language Committee of Parliament |
350B | Special Officer for Linguistic Minorities |
Politics in Estonia takes place in a framework of a parliamentary representative democratic republic, whereby the Prime Minister of Estonia is the head of government, and of a multi-party system. Legislative power is vested in the Estonian parliament. Executive power is exercised by the government, which is led by the prime minister. The judiciary is independent of the executive and the legislature. Estonia is a member of the United Nations, the European Union, and NATO.
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important for the idea of separation of powers.
The Basic Laws of Sweden are the four constitutional laws of the Kingdom of Sweden that regulate the Swedish political system, acting in a similar manner to the constitutions of most countries.
A popular initiative is a form of direct democracy by which a petition meeting certain hurdles can force a legal procedure on a proposition.
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions, thus changing the frame of government without altering the existing text of the document.
The Lok Sabha, also known as the House of the People, is the lower house of India's bicameral Parliament, with the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by an adult universal suffrage and a first-past-the-post system to represent their respective constituencies, and they hold their seats for five years or until the body is dissolved by the President on the advice of the council of ministers. The house meets in the Lok Sabha Chambers of the Parliament House, New Delhi.
The Constitution of India is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens, based on the proposal suggested by M. N. Roy. It is the longest written national constitution in the world.
The vice president of India is the deputy to the head of state of the Republic of India, i.e. the president of India. The office of vice president is the second-highest constitutional office after the president and ranks second in the order of precedence and first in the line of succession to the presidency. The vice president is also the ex officio chairman of the Rajya Sabha.
An entrenched clause or entrenchment clause of a constitution is a provision that makes certain amendments either more difficult or impossible to pass. Overriding an entrenched clause may require a supermajority, a referendum, or the consent of the minority party. The term eternity clause is used in a similar manner in the constitutions of Brazil, the Czech Republic, Germany, Greece, India, Iran, Italy, Morocco, Norway, and Turkey, but specifically applies to an entrenched clause that can never be overridden. However, if a constitution provides for a mechanism of its own abolition or replacement, like the German Basic Law does in Article 146, this by necessity provides a "back door" for getting rid of the "eternity clause", too.
The Constitution of Bangladesh, officially the Constitution of the People's Republic of Bangladesh is the supreme law of Bangladesh. The document provides the framework that demarcates the Bangladeshi republic with a unitary, parliamentary democracy, that enshrines fundamental human rights and freedoms, an independent judiciary, democratic local government and a national bureaucracy.
The Constitution of the Republic of Singapore is the supreme law of Singapore. A written constitution, the text which took effect on 9 August 1965 is derived from the Constitution of the State of Singapore 1963, provisions of the Federal Constitution of Malaysia made applicable to Singapore by the Republic of Singapore Independence Act 1965, and the Republic of Singapore Independence Act itself. The text of the Constitution is one of the legally binding sources of constitutional law in Singapore, the others being judicial interpretations of the Constitution, and certain other statutes. Non-binding sources are influences on constitutional law such as soft law, constitutional conventions, and public international law.
The basic structure doctrine is a common law legal doctrine that the constitution of a sovereign state has certain characteristics that cannot be erased by its legislature. The doctrine is recognised in India, Bangladesh, Pakistan, and Uganda. It was developed by the Supreme Court of India in a series of constitutional law cases in the 1960s and 1970s that culminated in Kesavananda Bharati v. State of Kerala, where the doctrine was formally adopted. Bangladesh is perhaps the only legal system in the world which recognizes this doctrine with an expressed, written and rigid constitutional manner through article 7B of its Constitution.
The Fundamental Rights in India enshrined in part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These rights are known as "fundamental" as they are the most essential for all-round development i.e., material, intellectual, moral and spiritual and protected by fundamental law of the land i.e. constitution. If the rights provided by Constitution especially the Fundamental rights are violated the Supreme Court and the High Courts can issue writs under Articles 32 and 226 of the Constitution, respectively, directing the State Machinery for enforcement of the fundamental rights.
The Constitution of Latvia is the fundamental law of the Republic of Latvia. Satversme is the oldest Eastern or Central European constitution still in force and the sixth oldest still-functioning republican basic law in the world. It was adopted, as it states itself in the text, by the people of Latvia, as represented in the Constitutional Assembly of Latvia, on 15 February 1922 and came into force on 7 November 1922. It was heavily influenced by Germany's Weimar Constitution and the Swiss Federal Constitution. The constitution establishes the main bodies of government ; it consists of 116 articles arranged in eight chapters.
In India, a number of political positions and university posts are held for specific groups of the population, including Scheduled Castes and Scheduled Tribes, and women in some cases.
The National Commission for Backward Classes is an Indian constitutional body under the jurisdiction of Ministry of Social Justice and Empowerment, Government of India established through Constitution Act, 2018 this amendment act in the constitution to make it a constitutional body under Article 338B of the Indian Constitution. It was constituted pursuant to the provisions of the National Commission for Backward Classes Act, 1993.
The National Judicial Appointments Commission (NJAC) was a proposed body which would have been responsible for the recruitment, appointment and transfer of judicial officers, legal officers and legal employees under the government of India and in all state governments of India. The commission was established by amending the Constitution of India through the 99th constitution amendment with the Constitution (Ninety-Ninth Amendment) Act, 2014 or 99th Constitutional Amendment Act-2014 passed by the Lok Sabha on 13 August 2014 and by the Rajya Sabha on 14 August 2014. The NJAC would have replaced the collegium system for the appointment of judges as invoked by the Supreme Court via judicial fiat by a new system. Along with the Constitution Amendment Act, the National Judicial Appointments Commission Act, 2014, was also passed by the Parliament of India to regulate the functions of the National Judicial Appointments Commission. The NJAC Bill and the Constitutional Amendment Bill, was ratified by 16 of the state legislatures in India, and subsequently assented by the President of India Pranab Mukherjee on 31 December 2014. The NJAC Act and the Constitutional Amendment Act came into force from 13 April 2015.
A Member of Parliament in the Lok Sabha is the representative of a legislative constituency in the Lok Sabha; the lower house of the Parliament of India. Members of parliament of Lok Sabha are chosen by direct elections on the basis of the adult suffrage. The maximum permitted strength of members of parliament in the Lok Sabha is 550. This includes the maximum 530 members to represent the constituencies and states and up to 20 members to represent the union territories. Between 1952 and January 25, 2020, two seats were reserved for members of the Anglo-Indian community. The current elected strength of the Lok Sabha is 543. The party—or coalition of parties—having a majority in the Lok Sabha chooses the Prime Minister of India.
The One Hundred and Second Amendment of the Constitution of India, officially known as the Constitution Act, 2018, granted constitutional status to the National Commission for Backward Classes (NCBC).
The One Hundred and Fifth Amendment to the Constitution of India- officially known as The Constitution Act, 2021- restored the power of State governments to recognise socially and educationally backward classes (SEBCs). SEBCs, which includes the groups commonly known as Other Backward Classes (OBCs), are communities for which the State can provide "special provisions" or affirmative action in India.
Laxmikanth, M (2020). Indian Polity (sixth ed.). Chennai, India: McGraw Hill Education. p. 51.2. ISBN 978-93-5260-363-3.{{cite book}}
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