Polity

Constitutional Prescriptions: Compositions, Ages, Terms and Removals

Nine cross-cutting tables comparing every constitutional office and body at once: who appoints them, what age they need, how long they serve, and how each one can be removed.

10 min readCovers: M. Laxmikanth, Indian Polity · Constitutional Prescriptions

This chapter is unlike every other one in the book: it has almost no prose of its own. It is nine comparison tables that pull the same handful of facts, who is eligible, who appoints, what age is required, who administers the oath, how long the term runs, who fixes the salary, whom a resignation goes to, how removal happens, and to whom reports are submitted, out of the scattered articles covering dozens of different constitutional offices and bodies, and lines them all up side by side. Every individual fact below already lives in this site's own note on that specific office; what this chapter (and this note) adds is the side-by-side comparison itself, which is exactly the shape UPSC's own "match the following" and "which one is different from the rest" questions take. This note keeps the book's own nine-table structure and focuses each table on the offices most frequently drawn into that kind of comparison question, rather than reproducing all forty-plus rows of the original.

Compositions

BodyCompositionArticle
Lok SabhaMaximum 550 (up to 530 from states, up to 20 from Union Territories)81
Rajya SabhaMaximum 250 (up to 238 elected by state/UT legislatures, 12 nominated by the President)80
State Legislative AssemblyMaximum 500, minimum 60 (Sikkim 32, Goa/Mizoram/Nagaland smaller by specific provision)170
State Legislative CouncilMaximum one-third of the Assembly's membership, minimum 40171
Finance CommissionChairman plus four members280
UPSCChairman plus members, number decided by the President316
Election CommissionChief Election Commissioner plus other Election Commissioners as the President decides324

See Parliament, Speaker, Committees and Legislative Procedure, State Legislature, Finance Commission (Constitutional and Statutory Bodies), Union Public Service Commission and Election Commission and Elections for each body's own full detail.

Appointments

Functionary/BodyAppointed byArticle
PresidentElected by an electoral college (elected MPs and elected MLAs)54
Vice-PresidentElected by an electoral college of both Houses of Parliament (MPs only, elected and nominated)66
Prime MinisterAppointed by the President75
GovernorAppointed by the President155
Chief MinisterAppointed by the Governor164
Attorney General of IndiaAppointed by the President76
Advocate General of a StateAppointed by the Governor165
Judges of the Supreme CourtAppointed by the President124
Judges of a High CourtAppointed by the President217
CAGAppointed by the President148
Chairman/Members, UPSCAppointed by the President316
Chief Election Commissioner/Election CommissionersAppointed by the President324

See Vice-President, Prime Minister, Governor of a State, Chief Minister, Advocate General of the State, Supreme Court and Judiciary, High Court and Comptroller and Auditor General of India for each office's own appointment procedure and qualifying conditions.

Age

FunctionaryPrescribed ageArticle
PresidentNot below 35 years58
Vice-PresidentNot below 35 years66
GovernorNot below 35 years157
Member, Rajya SabhaNot below 30 years84
Member, Lok SabhaNot below 25 years84
Member, State Legislative CouncilNot below 30 years173
Member, State Legislative AssemblyNot below 25 years173
Judge, Supreme CourtNo minimum age prescribed; retires at 65124
Judge, High CourtNo minimum age prescribed; retires at 62217
Voter (Union and State elections)Not below 18 years326

The Constitution fixes a minimum age for eligibility to most political offices, but for judges it fixes only a retirement age and leaves the minimum unspecified, a genuinely useful contrast this table exists to highlight.

Oaths

FunctionaryOath administered byArticle
PresidentChief Justice of India (or, in their absence, the senior-most available Supreme Court judge)60
Vice-PresidentPresident69
GovernorChief Justice of the concerned High Court (or, in their absence, its senior-most available judge)159
Prime Minister/Union MinistersPresidentThird Schedule
Judges of the Supreme CourtPresident124
Judges of a High CourtGovernor of the state219
Chief Minister/State MinistersGovernorThird Schedule
CAGPresident148

Term

Functionary/InstitutionTerm/durationArticle
President5 years, eligible for re-election, continues beyond term until a successor assumes office56
Vice-President5 years, eligible for re-election67
Lok Sabha5 years from its first meeting, unless dissolved sooner (extendable only during a proclaimed Emergency)83
Rajya SabhaA permanent, continuing body; one-third of members retire every two years83
Governor5 years, holds office at the President's pleasure regardless156
Judge, Supreme CourtUntil age 65124
Judge, High CourtUntil age 62217
CAG6 years or until age 65, whichever is earlier148
Chairman/Member, UPSC6 years or until age 65, whichever is earlier316
Chief Election Commissioner/Election Commissioners6 years or until age 65, whichever is earlier324
Finance CommissionAs specified by the President in the order constituting it280

Salaries

FunctionarySalary determined byArticle
PresidentParliament (charged on the Consolidated Fund of India)59
Vice-PresidentParliament (charged on the Consolidated Fund of India)97
GovernorParliament (charged on the Consolidated Fund of the State)158
Judges of the Supreme CourtParliament (charged on the Consolidated Fund of India), cannot be reduced during service except during a Financial Emergency125
Judges of a High CourtParliament (charged on the Consolidated Fund of the State)221
CAGParliament, equal to a Supreme Court judge's salary148

Resignations

FunctionaryResignation submitted toArticle
PresidentVice-President56
Vice-PresidentPresident67
Prime Minister/Union MinistersPresident75
GovernorPresident156
Chief Minister/State MinistersGovernor164
Speaker, Lok SabhaDeputy Speaker94
Deputy Speaker, Lok SabhaSpeaker94
CAGPresident148
Chairman/Member, UPSCPresident316

Removals and dissolutions

Functionary/BodyRemoved by/dissolved byArticle
PresidentImpeachment: a resolution passed by a special majority in one House on a charge of constitutional violation, investigated and sustained by a similar special-majority resolution in the other House61
Vice-PresidentResolution of the Rajya Sabha (passed by a majority of all its then members) agreed to by the Lok Sabha, no impeachment procedure67
Judges of the Supreme Court and High CourtsOrder of the President, after an address by both Houses of Parliament (each by a special majority) on grounds of proved misbehaviour or incapacity124
GovernorDismissed at any time at the pleasure of the President, no fixed procedure or grounds required156
CAGSame procedure as a Supreme Court judge148
Chairman/Member, UPSCBy the President, only after the Supreme Court, on reference, finds the person guilty of misbehaviour317
Chief Election CommissionerSame procedure as a Supreme Court judge324
Other Election CommissionersBy the President, on the recommendation of the Chief Election Commissioner324
Lok SabhaDissolved by the President85
State Legislative AssemblyDissolved by the Governor174

The recurring pattern worth holding across this whole table is that "removed like a Supreme Court judge" is the Constitution's own shorthand for the strongest, most insulated removal procedure it offers, and it is deliberately extended to the CAG and the Chief Election Commissioner specifically to protect their independence from the executive that appointed them.

Submission of reports

Functionary/BodyReport submitted toArticle
CAG (Union accounts)President, who causes it to be laid before Parliament151
CAG (State accounts)Governor, who causes it to be laid before the State Legislature151
Finance CommissionPresident, who causes it to be laid before Parliament281
UPSCPresident, who causes it to be laid before Parliament323
State Public Service CommissionGovernor, who causes it to be laid before the State Legislature323
National Commission for Scheduled CastesPresident, who causes it to be laid before Parliament338
National Commission for Scheduled TribesPresident, who causes it to be laid before Parliament338A
National Commission for Backward ClassesPresident, who causes it to be laid before Parliament338B

Quick revision points

  • Compositions: Lok Sabha max 550, Rajya Sabha max 250, State Assembly max 500/min 60, State Council max one-third of the Assembly/min 40.
  • Age: 35 for President, Vice-President and Governor; 30 for Rajya Sabha and State Council; 25 for Lok Sabha and State Assembly; 18 to vote. Judges have no prescribed minimum age, only a retirement age (65 Supreme Court, 62 High Court).
  • Oaths: the President's own oath is administered by the CJI; everyone the President appoints at the Union level (Vice-President via the President directly, PM and ministers) is sworn in by the President; the equivalent state-level offices are sworn in by the Governor, except High Court judges, whose oath is administered by the Governor even though the President appoints them.
  • Term: 5 years is the standard political term (President, Vice-President, Lok Sabha, Governor); "6 years or age 65, whichever is earlier" is the standard formula for CAG, UPSC and the Election Commission alike.
  • Salary: Parliament fixes the salary of every one of these offices, Union or state, since all such salaries are charged on a Consolidated Fund rather than voted annually.
  • Removal: "removed like a Supreme Court judge" (a special-majority parliamentary address on proved misbehaviour) is the Constitution's strongest removal safeguard, extended deliberately to the CAG and the CEC to insulate them from the executive; the Governor sits at the opposite extreme, removable at the President's pleasure with no grounds needed at all.
  • Reports: the pattern is consistently President-to-Parliament for Union-level bodies and Governor-to-State-Legislature for the equivalent state-level bodies.
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