Constitutional and Non- Constitutional Bodies in News

Tribunals
• The Law Commission of India in its recent report highlighted the issues with tribunals in India and has also made recommendations in this regard.
• Tribunals are administrative bodies discharging quasi-judicial functions.
• The 42nd constitution amendment act, 1976 added a new part XIV-A with two articles 323 A and A-323B for setting up of tribunals.
• Article 323 A empowers the parliament to provide for the establishment of Administrative Tribunals.
• In accordance with A- 323 A, parliament has enacted ?Administrative Tribunals Act, 1985?, which authorised central government to establish Central Administrative Tribunal (CAT) and state government to establish State Administrative Tribunal (SAT).
• Administrative Tribunals deals with disputes relating to recruitment and conditions of service of persons appointed to public services.
• They are not bound by the procedure laid down in the civil procedure code, 1908.
• It is guided by the principle of natural justice.
• The appeal against the orders of the tribunals can be made in High court. It is not possible for the aggrieved public servant to directly approach Supreme Court.
• Article 323 B authorises both parliament and state legislature to establish tribunals for adjudicating matters other than public service matters.
 

Inter-State Council
• The Article 263 of the Constitution provides for the establishment of an Inter-State Council.
• It is the constitutional body but the President can establish it if at any time that it appears to him that the public interest would be served by its establishment. Thus it is not permanent.
• It is mandated to inquire into and advise upon disputes which may arise between states, investigate and discuss subjects of common interest.
• It‘s advice are advisory and not binding on the government.
• The Council has been recently reconstituted with Prime Minister as its chairman and six Union ministers and all chief ministers as members.
• According to the notification, Union Ministers of Home, External affairs, Finance, Road Transport, Social Justice and Empowerment and Defence are the members.
• Chief Ministers of all states and Union territories having legislative assemblies will also be members of the council.
• In another notification, the government reconstituted the standing committee of the Inter-State Council with the chairmanship of Home Minister Rajnath Singh.
• The standing committee will have consultation and recommend matters for consideration of the council, process all matters pertaining to Centre-state relations before they are taken up for consideration in the council.
• It will also monitor the implementation of decisions taken on the recommendations of the council and consider any other matter referred to it by the council.
• The standing committee may, if necessary, invite experts and persons eminent in specific fields to have the benefit of their views while deliberating upon the related subjects.
 

Finance Commission
• Union Cabinet has approved the setting up of the 15th Finance Commission, headed by N.K.Singh.

About Finance Commission
Finance Commission is a quasi-judicial constitutional body which will decide on the distribution of tax proceeds among centre, states and local bodies.
• The setting up of the finance commission for every 5 years is a Constitutional obligation under Article 280 (1) of the Constitution.
• It consists of a Chairman and four other members.
• They hold office for such period as specified by the president in his order.
• They are eligible for reappointment
• As per Article 280 of the Constitution, the commission is required to make recommendations on the distribution of the net proceeds of taxes between the centre and the states.
• It also suggests the principles which should govern the grants in aid of the revenues of the states out of the consolidated fund of India.
• The recommendations of the 14th Finance Commission are valid from 2015 to 2020.
• The recommendations of the 15th Finance Commission will be implemented in the period 2020 to 2025.
• The 14th Finance Commission had raised the untied share of states in net central taxes to 42% from 32% after ending discretionary resource transfers from the centre to the states
 

By: Vishal