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Appointments and removals

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santhoshv339's version from 2016-08-01 04:01

Articles

Question Answer
76Attorney-General of India
148Comptroller and Auditor-General of India
165Advocate-General of the State
243-IState Finance Commission
243-KState Election Commission
243ZDDistrict Planning Committee
243ZEMetropolitan Planning Committee
263Inter-State Council
280Finance Commission
307Inter-State Trade and Commerce Commission
315Union Public Service Commission and State Public Service Commission
324Election Commission
338National Commission for Scheduled Castes
338ANational Commission for Scheduled Tribes
339Scheduled Areas and Scheduled Tribes Commission
340Backward Classes Commission
344Official Language Commission and Official Language Committee of Parliament
350BSpecial Officer for Linguistic Minorities
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Appointments

Question Answer
Chief Election commisionerPresident
Other Election CommissionersPresident
Regional CommissionersPresident after CONSULTING with EC
State Election CommissionerCEC in consulation with State government
UPSC chairmanPresident
UPSC membersPresident
SPSC chairmanGovernor
SPSC membersGovernor
JPSC chairmanPresident
JPSC membersPresident
FC ChairmanPresident
FC MembersPresident
National Commission for SC's ChairpersonPresident by warrant under his hand and seal
National Commission for SC's Vice ChairpersonPresident by warrant under his hand and seal
National Commission for SC's 3 membersPresident by warrant under his hand and seal
National Commission for ST's ChairpersonPresident by warrant under his hand and seal
National Commission for ST's Vice ChairpersonPresident by warrant under his hand and seal
National Commission for ST's 3 membersPresident by warrant under his hand and seal
Special Officer for Linguistic MinoritiesPresident
CAGPresident by warrant under his hand and seal
Attorney-General of IndiaPresident
Chairman and members of NHRCAppointed by the president on the recommendations of a six-member committee consisting of the prime minister as its head, the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, leaders of the Opposition in both the Houses of Parliament and the Central home minister.

Further, a sitting judge of the Supreme Court or a sitting chief justice of a high court can be appointed only after consultation with the chiefjustice ofIndia.
Chairman and members of SHRCGovernor on the recommendations of a committee consisting of the chief minister as its head, the speaker of the Legislative Assembly, the state home minister and the leader of the opposition in the Legislative Assembly. In the case of a state having Legislative Council, the chairman of the Council and the leader of the opposition in the Council would also be the members of the committee. Further, a sitting judge of a High Court or a sitting.District Judge can be appointed only after consultation with the Chief Justice of the High Court of the concerned state.
CIC Chairman and MembersPresident on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister - Where the Leader of Opposition in the Lok Sabha has not been recognized as such, the Leader of the single largest group in opposition of the Government in the Lok Sabha shall be deemed to be the Leader ofthe Opposition
SCIC and members of SICGovernor on the recommendation of a committee consisting of the Chief Minister as Chairperson, the Leader of Opposition in the Legislative Assembly and a State Cabinet Minister nominated by the Chief Minister - Where the Leader of Opposition in the Legislative Assembly has not been recognized as such, the Leader of the single largest group in opposition of the Government in the Legislative Assembly shall be deemed to be the Leader ofthe Opposition.
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Qualification

 

Question Answer
Members of ECConstitution does not say
Members of UPSCConstitution does not say - but one half of members must have held office for atleast 10 years under GOI or SG
Members of SPSCConstitution does not say - but one half of members must have held office for atleast 10 years under GOI or SG
FC chairmanConstitution authorises parliament to determine qualifications and manner in which they have to be selected - FC Act 1951 - Chairman should be a person having experience in public affairs
FC MembersConstitution authorises parliament to determine qualifications and manner in which they have to be selected - FC Act 1951 - 1 - A judge ofhigh court or one qualified to be appointed as one - 2 - A person who has specialised knowledge offinance and accounts ofthe government - 3 - A person who has wide experience in financial matters and in administration - 4 - A person who has special knowledge ofeconomics
Special Officer for Linguistic MinoritiesConstitution does not specify
Attorney-General of Indiamust be a person who is qualified to be appointed a judge of the Supreme Court. In other words, he must be a citizen of India and he must been a judge of some high court for five years or an advocate of some high court for ten years or an eminent jurist, in the opinion ofthe president.
State AG must be a person who is qualified to be appointed a judge of a high court. In other words, he must be a citizen of India and must have held a judicial office for ten years or been an advocate ofa high court for ten years
Chairman of NHRCRetired chief justice of India
Members of NHRC serving or retired judges of the Supreme Court, a serving or retired chiefjustice ofa high court and two persons having knowledge or practical experience with respect to human rights
Chairman of SHRCRetired Chief Justice of a High Court
Members of SHRCA serving or retired judge of a High Court or a District Judge in the state with a minimum of seven years experience as District Judge and a person having knowledge or practical experience with respect to human rights.
CIC and Members of CICpersons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. They should not be a Member of Parliament or Member of the Legislature of any State or Union Territory. They should not hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
SCIC and Members of SICpersons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. They should not be a Member of Parliament or Member of the Legislature of any State or Union Territory. They should not hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
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Further appointment by government after retirement

 

Question Answer
Members of ECConstitution does not say about debarring them
UPSC Chairmanno second time, no further appointment - but governor fine (constitutional post not employment under govt)
UPSC Membersno reappointment or second time, but can be chairman of UPSC or SPSC
SPSC Chairmanno second time,can become UPSC member or chairman or Chairman of any other SPSC no other appointment - but governor fine (constitutional post not employment under govt)
SPSC Membersno reappointment or second time, but can be chairman or member of UPSC or any other SPSC or chairman of that SPSC
FC ChairmanEligible for reappointment
FC MembersEligible for reappointment
CAGno further appointment under GOI or SG
Chairman and members of NHRCAre not eligible for further employment under the Central or a state government
Chairman and members of SHRCAre not eligible for further employment under the Central or a state government
CICNot eligible for reappointment
Information commisionerseligible for appointment as Chief Information Commissioner but cannot hold office for more than a total of five years including his term as Information Commissioner
SCICnot eligible for reappointment
SICeligible for appointment as State Chief Information Commissioner but cannot hold office for more than a total of five years including his term as State Information Commissioner.
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Number of members

Question Answer
Election CommissionPresident determines from time to time
UPSCPresident determines from time to time
SPSCGovernor
JPSCPresident
FCPresident in his order
National Commission for SC'sChairperson, vice Chairperson and 3 other members
National Commission for ST'sChairperson, vice Chairperson and 3 other members
NDC1.Prime minister ofIndia (as its chairman/head).2. All Union cabinet ministers (since 1967)3. Chiefministers ofall states.4.Chiefministers/administrators ofall union territories.5. Members ofthe Planning Commission.The secretary of the Planning Commission acts as the secretary to the NDC
NHRCChairman and 4 members + four ex-officio members—the chairmen of the National Commission for Minorities, the National Commission for SCs, the National Commission for STs and the National Commission for Women.
SHRCchairperson and two members
CICChief Information Commissioner and not more than ten Information Commissioners
SIC State Chief Information Commissioner and not more than ten State Information Commissioners
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Conditions of Office and Tenure

 

Question Answer
Election commisionersPresident
Regional commisionersPresident
UPSC ChairmanGovernor
UPSC MembersGovernor
JPSC chairman and membersPresident
FC chairman and membersPresident
National Commission for SC's - Chairperson, vice Chairperson and 3 other membersPresident
National Commission for ST's - Chairperson, vice Chairperson and 3 other membersPresident
Special Officer for Linguistic MinoritiesConstitution does not specify
AG of IndiaNot fixed by Constitution ,renumeration determined by president
State AGNot fixed by Constitution ,renumeration determined by president,governor determines renumeration
CICsimilar to those of the Chief Election Commissioner
IC'ssimilar to those of an Election Commissioner
SCICElection commisioner
SICChief secretary
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Number of years of office

Question Answer
CEC and 2 commisioners6 years or till 65 years which ever is earlier (but same text says Constitution has not specified??)
UPSC chairman and other members6 years or till 65 years which ever is earlier
SPSC chairman and members6 years or till 62 (not 65) years which ever is earlier
JPSC chairman and members6 years or till 62 (not 65) years which ever is earlier
FC chairman and MembersPresident
Special Officer for Linguistic MinoritiesConstitution does not specify
CAGsix years or upto the age of 65 years, whichever is earlier
Chairman and members of NHRChold office for a term of five years or until they attain the age of 70 years, whichever is earlier.
Chairperson and members of SHRChold office for a term of five years or until they attain the age of 70 years, whichever is earlier
CIC and IC's5 years or until they attain the age of 65 years, whichever is earlier
SCIC and SIC's5 years or until they attain the age of 65 years, whichever is earlier
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Removal

Question Answer
Chief election commisionerBy President on basis of resolution passed by both houses of parliament with special majority b/c of misbehaviour or incapacity (does not hold office till pleasure of prez)
Other election commisionersOnly on r/c of CEC
Regional commisionersOnly on r/c of CEC
UPSC ChairmanPresident - Insolvent/Paid Employment/infirmity of body or mind/Misbehaviour(interest in agreement of govt, profit of such contract) - after SC enquiry - it gives binding advise to president
UPSC MembersPresident - Insolvent/Paid Employment/infirmity of body or mind/Misbehaviour(interest in agreement of govt, profit of such contract) - after SC enquiry - it gives binding advise to president
SPSC ChairmanPRESIDENT(not governor) - Insolvent/Paid Employment/infirmity of body or mind/Misbehaviour(interest in agreement of govt, profit of such contract) - after SC enquiry - it gives binding advise to president
SPSC MembersPRESIDENT(not governor) - Insolvent/Paid Employment/infirmity of body or mind/Misbehaviour(interest in agreement of govt, profit of such contract) - after SC enquiry - it gives binding advise to president
JPSC chairman and MembersPresident
FCPresident
Special Officer for Linguistic MinoritiesConstitution does not specify
CAGRemoved by the president on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority, either on the ground of proved misbehaviour or incapacity - Like a SC judge
AG of IndiaNothing in Constitution - pleasure of president
State AGNothing in Constitution - pleasure of governor
Chairman and members of NHRCPresident Insolvent/Paid Employment/infirmity of body or mind/Unsound mind by court, convicted and sentenced to imprisonment for an offence - if mishbehaviour - SC enquiry needed
Chairman and members of SHRCPresident - not governor - like NHRC Insolvent/Paid Employment/infirmity of body or mind/Unsound mind by court, convicted and sentenced to imprisonment for an offence - if mishbehaviour - SC enquiry needed
CIC and IC'sPresident Insolvent/Paid Employment/infirmity of body or mind/Unsound mind by court, convicted and sentenced to imprisonment for an offence - if mishbehaviour - SC enquiry needed
SCIC and SIC'sGOVERNOR - NOT President - Insolvent/Paid Employment/infirmity of body or mind/Unsound mind by court, convicted and sentenced to imprisonment for an offence - if mishbehaviour - SC enquiry needed
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