Constitutional Prescriptions

COMPOSITIONS

• Constitutional prescriptions with respect to compositions.

Sl. No.	Institutions/Bodies	Composition	Related Article
1.	Central Council of Ministers	Prime Minister and other Ministers	74
2.	Parliament	President, Rajya Sabha and Lok Sabha	79
3.	Rajya Sabha	250 Members	80
4.	Lok Sabha	550 Members	81
5.	Supreme Court	Chief Justice of India and other Judges	124
6.	State Council of Ministers	Chief Minister and other Ministers	163
7.	State Legislature	Governor, Legislative Council and Legislative Assembly or Governor and Legislative Assembly	168
8.	Legislative Assembly	Maximum 500 Members and minimum 60 Members	170
9.	Legislative Council	Maximum one-third of the total number of members in the State Legislative Assembly and minimum 40 members	171
10.	High Court	Chief Justice and other Judges	216
11.	Panchayats	Determined by the State Legislature	243C
12.	State Finance Commission	Determined by the State Legislature	243-I
13.	State Election Commission	State Election Commissioner	243K
14.	Municipalities	Determined by the State Legislature	243R
15.	District Planning Committee	Determined by the State Legislature	243ZD
16.	Metropolitan Planning Committee	Determined by the State Legislature	243ZE
17.	Inter-State Council	Determined by the President	263
18.	Goods and Services Tax Council	Chairperson, Vice-Chairperson and Members	279A
19.	Finance Commission	Chairman and four other Members	280
20.	Inter-State Trade and Commerce Commission	Determined by the Parliament	307
21.	Union Public Service Commission	Chairman and other Members	316
22.	State Public Service Commission	Chairman and other Members	316
23.	Joint State Public Service Commission	Chairman and other Members	316
24.	Central Administrative Tribunal	Determined by the Parliament	323A
25.	State Administrative Tribunal	Determined by the Parliament	323A
26.	Tribunals for other matters	Determined by the appropriate Legislature (Parliament or State Legislature)	323B
27.	Election Commission	Chief Election Commissioner and other Election Commissioners	324
28.	National Commission for SCs	Chairperson, Vice-Chairperson and three other Members	338
29.	National Commission for STs	Chairperson, Vice-Chairperson and three other Members	338A
30.	National Commission for BCs	Chairperson, Vice-Chairperson and three other Members	338B
31.	Scheduled Areas and Scheduled Tribes Commission	Determined by the President	339
32.	Backward Classes Commission	Determined by the President	340
33.	Official Language Commission	Chairman and other Members	344
34.	Official Language Committee of Parliament	Thirty Members (twenty from Lok Sabha and ten from Rajya Sabha)	344
35.	Legislative Assembly of Nagaland	Minimum 46 members	371A
36.	Legislative Assembly of Sikkim	Minimum 30 members	371F
37.	Legislative Assembly of Mizoram	Minimum 40 members	371G
38.	Legislative Assembly of Arunachal Pradesh	Minimum 30 members	371H
39.	Legislative Assembly of Goa	Minimum 30 members	371-I
40.	Tribes Advisory Council	Maximum 20 members	Fifth Schedule
41.	District Council of an autonomous district	Maximum 30 members	Sixth Schedule

APPOINTMENTS

• Constitutional prescriptions with respect to appointments.

Sl. No.	Functionaries/Bodies	Appointed by/Elected by	Related Article
1.	President	Electoral College consisting of the elected MPs and MLAs	54
2.	Vice-President	Electoral college consisting of the MPs	66
3.	Prime Minister	President	75
4.	Central Ministers	President	75
5.	Attorney-General of India	President	76
6.	Members of the Rajya Sabha	Elected MLAs/President	80
7.	Members of the Lok Sabha	Voters	81
8.	Deputy Chairman of the Rajya Sabha	Members of the Rajya Sabha	89
9.	Speaker and Deputy Speaker of the Lok Sabha	Members of the Lok Sabha	93
10.	Judges of the Supreme Court	President	124
11.	Comptroller and Auditor-General of India	President	148
12.	Governor of a State	President	155
13.	Chief Minister	Governor	164
14.	State Ministers	Governor	164
15.	Advocate General of a State	Governor	165
16.	Members of the State Legislative Assemblies	Voters	170
17.	Members of the State Legislative Councils	Local Bodies/Graduates/Teachers/MLAs/Governor	171
18.	Speaker and Deputy Speaker of the State Legislative Assembly	Members of the State Legislative Assembly	178
19.	Chairman and Deputy Chairman of the State Legislative Council	Members of the State Legislative Council	182
20.	Judges of the High Courts	President	217
21.	District Judges	Governor	233
22.	Administrator of a Union Territory	President	239
23.	Chief Minister of NCT of Delhi	President	239AA
24.	Ministers of NCT of Delhi	President	239AA
25.	Members of the Panchayats	Voters	243C
26.	State Election Commissioner	Governor	243K
27.	Members of the Municipalities	Voters	243R
28.	Chairman and Members of the Finance Commission	President	280
29.	Chairman and Members of the UPSC	President	316
30.	Chairman and Members of a SPSC	Governor	316
31.	Chairman and Members of a JSPSC	President	316
32.	Chief Election Commissioner and other Election Commissioners	President	324
33.	Chairperson, Vice-Chairperson and Members of the National Commission for SCs	President	338
34.	Chairperson, Vice-Chairperson and Members of the National Commission for STs	President	338A
35.	Chairperson, Vice-Chairperson and Members of the National Commission for BCs	President	338B
36.	Scheduled Areas and Scheduled Tribes Commission	President	339
37.	Backward Classes Commission	President	340
38.	Chairman and Members of the Official Language Commission	President	344
39.	Members of the Official Language Committee of Parliament	Members of the Lok Sabha and Members of the Rajya Sabha	344
40.	Special Officer for Linguistic Minorities	President	350B
41.	Members of the District Council of an autonomous district	Voters/Governor	Sixth Schedule
42.	Commission on the Administration of Autonomous Districts and Autonomous Regions	Governor	Sixth Schedule

AGE

• Constitutional prescriptions with respect to age.

Sl. No.	Election/Appointment/Retirement/Others	Prescribed Age	Related Article
1.	Election of the President	35 years	58
2.	Election of the Vice-President	35 years	66
3.	Election of a member of the Rajya Sabha	30 years	84
4.	Election of a member of the Lok Sabha	25 years	84
5.	Retirement of a Judge of the Supreme Court	65 years	124
6.	Appointment of the Governor of a State	35 years	157
7.	Election of a member of the State Legislative Council	30 years	173
8.	Election of a member of the State Legislative Assembly	25 years	173
9.	Retirement of a Judge of the High Courts	62 years	217
10.	Election of a member of the Panchayats	21 years	243F
11.	Election of a member of the Municipalities	21 years	243V
12.	Retirement of a member of the UPSC	65 years	316
13.	Retirement of a member of a SPSC	62 years	316
14.	Retirement of a member of a JSPSC	62 years	316
15.	Registration as a voter in the electoral roll	18 years	326

OATHS

• Constitutional prescriptions with respect to oaths.

Sl. No.	Functionaries	Oath Administered by (or) Made and Subscribed Before	Related Article
1.	President	Before the Chief Justice of India (or) the senior most Judge of the Supreme Court available	60
2.	Vice-President	Before the President (or) some person appointed in that behalf by him	69
3.	Union Ministers	By the President	75
4.	Candidate for election to the Parliament	Before some person authorized in that behalf by the Election Commission	84
5.	Members of the Parliament	Before the President (or) some person appointed in that behalf by him	99
6.	Judges of the Supreme Court	Before the President (or) some person appointed in that behalf by him	124
7.	Comptroller and Auditor-General of India	Before the President (or) some person appointed in that behalf by him	148
8.	Governor of a State	Before the Chief Justice of the State High Court (or) the senior most Judge of the State High Court available	159
9.	State Ministers	By the Governor of the State	164
10.	Candidate for election to the State Legislature	Before some person authorized in that behalf by the Election Commission	173
11.	Members of the State Legislature	Before the Governor of the State (or) some person appointed in that behalf by him	188
12.	Judges of the High Courts	Before the Governor of the State (or) some person appointed in that behalf by him	219

TERM

• Constitutional prescriptions with respect to term.

Sl. No.	Functionaries/Institutions	Term/Duration	Related Article
1.	President	5 years	56
2.	Vice-President	5 years	67
3.	Prime Minister	During the pleasure of the President	75
4.	Central Ministers	During the pleasure of the President	75
5.	Attorney-General of India	During the pleasure of the President	76
6.	Rajya Sabha	Continuing Chamber (one-third of its members retire every second year)	83
7.	Lok Sabha	5 years	83
8.	Comptroller and Auditor-General of India	Determined by the Parliament	148
9.	Governor	5 years (or) during the pleasure of the President	156
10.	Chief Minister	During the pleasure of the Governor	164
11.	State Ministers	During the pleasure of the Governor	164
12.	Advocate-General of a State	During the pleasure of the Governor	165
13.	State Legislative Assembly	5 years	172
14.	State Legislative Council	Continuing Chamber (one-third of its members retire every second year)	172
15.	Chief Minister of NCT of Delhi	During the pleasure of the President	239AA
16.	Ministers of NCT of Delhi	During the pleasure of the President	239AA
17.	Panchayats	5 years	243E
18.	State Election Commissioner	Determined by the Governor (subject to the law of the State Legislature)	243K
19.	Municipalities	5 years	243U
20.	Board of Directors of a co-operative Society	5 years	243ZJ
21.	Chairman and Members of the UPSC	6 years	316
22.	Chairman and Members of the SPSC	6 years	316
23.	Chairman and Members of the JSPSC	6 years	316
24.	Chief Election Commissioner and other election Commissioners	Determined by the President (subject to the law of Parliament)	324
25.	Chairperson, Vice-Chairperson and Members of the National Commission for SCs	Determined by the President (subject to the law of Parliament)	338
26.	Chairperson, Vice-Chairperson and Members of the National Commission for STs	Determined by the President (subject to the law of Parliament)	338A
27.	Chairperson, Vice-Chairperson and Members of the National Commission for BCs	Determined by the President (subject to the law of Parliament)	338B
28.	Elected Members of the District Council of an autonomous district	5 years	Sixth Schedule
29.	Nominated Members of the District Council of an autonomous district	During the pleasure of the Governor	Sixth Schedule

SALARIES

• Constitutional prescriptions with respect to salaries.

Sl. No.	Functionaries	Salary Determined by	Related Article
1.	President	Parliament	59
2.	Vice-President	No Salary (Entitled to the Salary of the Chairman of the Rajya Sabha)	64
3.	Prime Minister	Parliament	75
4.	Central Ministers	Parliament	75
5.	Attorney-General of India	President	76
6.	Chairman and Deputy Chairman of the Rajya Sabha	Parliament	97
7.	Speaker and Deputy Speaker of the Lok Sabha	Parliament	97
8.	Members of Parliament (Both Rajya Sabha and Lok Sabha)	Parliament	106
9.	Judges of the Supreme Court	Parliament	125
10.	Comptroller and Auditor-General of India	Parliament	148
11.	Governor of a State	Parliament	158
12.	Chief Minister	State Legislature	164
13.	State Ministers	State Legislature	164
14.	Advocate-General of a State	Governor	165
15.	Speaker and Deputy Speaker of the State Legislative Assembly	State Legislature	186
16.	Chairman and Deputy Chairman of the State Legislative Council	State Legislature	186
17.	Members of the State Legislature (Both Assembly and Council)	State Legislature	195
18.	Judges of the High Courts	Parliament	221
19.	State Election Commissioner	Governor (subject to the law of the State Legislature)	243K
20.	Chairman and Members of the UPSC	President	318
21.	Chairman and Members of a SPSC	Governor	318
22.	Chairman and Members of a JSPSC	President	318
23.	Chief Election Commissioner and other Election Commissioners	President (subject to the law of Parliament)	324
24.	Chairperson, Vice-Chairperson and Members of the National Commission for SCs	President (subject to the law of Parliament)	338
25.	Chairperson, Vice-Chairperson and Members of the National Commission for STs	President (subject to the law of Parliament)	338A
26.	Chairperson, Vice-Chairperson and Members of the National Commission for BCs	President (subject to the law of Parliament)	338B

RESIGNATIONS

• Constitutional prescriptions with respect to resignations.

Sl. No.	Functionaries	Resignation Submitted to	Related Article
1.	President	Vice-President	56
2.	Vice-President	President	67
3.	Deputy Chairman of the Rajya Sabha	Chairman of the Rajya Sabha	90
4.	Speaker of the Lok Sabha	Deputy Speaker of the Lok Sabha	94
5.	Deputy Speaker of the Lok Sabha	Speaker of the Lok Sabha	94
6.	Members of the Rajya Sabha	Chairman of the Rajya Sabha	101
7.	Members of the Lok Sabha	Speaker of the Lok Sabha	101
8.	Judges of the Supreme Court	President	124
9.	Governor of a State	President	156
10.	Speaker of the State Legislative Assembly	Deputy Speaker of the State Legislative Assembly	179
11.	Deputy Speaker of the State Legislative Assembly	Speaker of the State Legislative Assembly	179
12.	Chairman of the State Legislative Council	Deputy Chairman of the State Legislative Council	183
13.	Deputy Chairman of the State Legislative Council	Chairman of the State Legislative Council	183
14.	Members of the State Legislative Assembly	Speaker of the State Legislative Assembly	190
15.	Members of the State Legislative Council	Chairman of the State Legislative Council	190
16.	Judges of the High Courts	President	217
17.	Chairman and Members of the UPSC	President	316
18.	Chairman and Members of a SPSC	Governor	316
19.	Chairman and Members of a JSPSC	President	316

REMOVALS AND DISSOLUTIONS

• Constitutional prescriptions with respect to Removals/Dissolutions.

Sl. No.	Functionaries/Bodies	Removed by/Dissolved by	Related Article
1.	President	Parliament	61
2.	Vice-President	Parliament	67
3.	Rajya Sabha	Not subject to dissolution	83
4.	Lok Sabha	President	85
5.	Deputy Chairman of the Rajya Sabha	Rajya Sabha	90
6.	Speaker and Deputy Speaker of the Lok Sabha	Lok Sabha	94
7.	Judges of the Supreme Court	President (on the recommendation of the Parliament)	124
8.	Comptroller and Auditor-General of India	President (on the recommendation of the Parliament)	148
9.	State Legislative Council	Not subject to dissolution	172
10.	State Legislative Assembly	Governor	174
11.	Speaker and Deputy Speaker of the State Legislative Assembly	State Legislative Assembly	179
12.	Chairman and Deputy Chairman of the State Legislative Council	State Legislative Council	183
13.	Judges of the High Courts	President (on the recommendation of the Parliament)	217
14.	State Election Commissioner	President (on the recommendation of the Parliament)	243K
15.	Chairman and Members of the UPSC, a JSPSC and a SPSC	President	317
16.	Chief Election Commissioner	President (on the recommendation of the Parliament)	324
17.	Election Commissioners or Regional Commissioners	President (on the recommendation of the Chief Election Commissioner)	324
18.	District Council of an autonomous district and Regional Council of an Autonomous Region	Governor (on the recommendation of the Commission on the Administration of Autonomous Districts and autonomous regions)	Sixth Schedule

SUBMISSION OF REPORTS

• Constitutional prescriptions with respect to Submission of Reports.

Sl. No.	Functionaries/Bodies	Report Submitted to	Related Article
1.	Comptroller and Auditor-General of India	President (related to the Union) and Governor (related to the State)	151
2.	State Finance Commission	Governor	243-I
3.	Chairperson of the District Planning Committee	State Government	243ZD
4.	Chairperson of the Metropolitan Planning Committee	State Government	243ZE
5.	Finance Commission	President	280
6.	UPSC	President	323
7.	SPSC	Governor	323
8.	JSPSC	Governor	323
9.	National Commission for SCs	President	338
10.	National Commission for STs	President	338A
11.	National Commission for BCs	President	338B
12.	Scheduled Areas and Scheduled Tribes Commission	President	339
13.	Backward Classes Commission	President	340
14.	Official Language Commission	President	344
15.	Official Language Committee of Parliament	President	344
16.	Special Officer for Linguistic Minorities	President	350B
17.	Governor	President (regarding the failure of constitutional machinery in the State)	356
18.	Governor	President (regarding the administration of Scheduled Areas in the State)	Fifth Schedule
19.	Commission on the Administration of Autonomous Districts and Autonomous Regions	Governor	Sixth Schedule