UPPCS Pre Revision #3 : UP Constitutional & State Institutions || Oracle IAS

Quick Reference: UP State Institutions at a Glance

Part 1: Constitutional Institutions of Uttar Pradesh

1. Uttar Pradesh Public Service Commission (UPPSC)

• Constitutional Provision: Articles 315–323 (Part XIV).
• Establishment Date: 1 April 1937 (under the Government of India Act, 1935).
• Headquarters: Prayagraj (formerly Allahabad).

Key Provisions & Prelims Facts:

• Appointment: The Chairman and members are appointed by the Governor (Article 316).
• Tenure: 6 years or 62 years of age, whichever is earlier (UPSC limit is 65 years).
• Removal Trap: Members/Chairman are appointed by the Governor, but can ONLY be removed by the President on grounds of misbehaviour after an inquiry by the Supreme Court (Article 317).
• Annual Report: Submitted to the Governor under Article 323, who causes it to be laid before the State Legislature.

UPPSC Leadership Firsts:

• First Chairman (Pre-Independence): Sir D. L. Drek Brockman(1937)
• First Indian Chairman: Khan Bahadur Mohammad Abdul Aziz
• First Post-Independence Chairman: Dr. Amarnath Jha (Former VC of Allahabad University)

2. Advocate General of Uttar Pradesh

• Constitutional Provision: Article 165 (State counterpart to the Attorney General of India under Article 76).
• Role: Highest Law Officer of the State.

Key Provisions & Prelims Facts:

• Appointment: Appointed by the Governor.
• Qualifications: Must be qualified to be appointed as a High Court Judge (Citizen of India, 10 years judicial office or 10 years HC advocate practice).
• Tenure: No fixed term in the Constitution. Holds office during the pleasure of the Governor.
• Legislative Rights (Article 177): Has the right to speak and participate in the proceedings of both Houses of the State Legislature and any legislative committee, but DOES NOT have the right to vote.

Key Officeholders:

• First Advocate General: Dr. Narain Prasad Asthana (Assumed office in 1937).
• Longest-Serving Advocate General: Pt. Kanhaiya Lal Misra (1952–1969; ~17 years).
• Current Advocate General: Ajay Kumar Mishra (Appointed May 2022).

3. State Election Commission (SEC)

• Constitutional Provision: Article 243K (Panchayats) and Article 243ZA (Municipalities).
• Establishment: Came into constitutional force via the 73rd and 74th Constitutional Amendment Acts, 1992.

Key Provisions & Prelims Facts:

• Appointment: State Election Commissioner is appointed by the Governor.
• Removal Security: Cannot be removed except in the manner and on ground specified for a High Court Judge.
• Jurisdiction Trap: Conducts elections ONLY for:
  • Rural Local Bodies: Gram Panchayats, Kshetra Panchayats, Zila Panchayats.
  • Urban Local Bodies: Nagar Panchayats, Nagar Palika Parishads, Nagar Nigams.
  • Does NOT conduct: Assembly, Council, Lok Sabha, or Rajya Sabha elections (conducted by ECI).

Current Officeholder:

• Current State Election Commissioner: Raj Pratap Singh

4. State Finance Commission (SFC)

• Constitutional Provision: Article 243-I (Panchayats) and Article 243-Y (Municipalities).
• Frequency: Constituted by the Governor every 5 years.

Primary Functions:

• Recommends principles for the distribution of net tax proceeds between the State Government and local bodies.
• Recommends grants-in-aid to Panchayats and Urban Local Bodies from the Consolidated Fund of the State.

Chronology of UP State Finance Commissions:

5. Comptroller and Auditor General of India (UP Audit Framework)

• Constitutional Provision: Articles 148–151.
• State Role: The CAG audits all expenditure and receipts from the Consolidated Fund, Contingency Fund, and Public Account of Uttar Pradesh.

Constitutional Chain of Audit (Article 151):

• Key Offices in UP: Principal Accountant General (PAG) offices are located in Prayagraj and Lucknow.

Part 2: Statutory and Anti-Corruption Bodies of UP

1. Lokayukta of Uttar Pradesh

• Legal Status: Statutory Body (Not a Constitutional body).
• Enactment: Established under the Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975.
• Operational Date: 14 September 1977.

Key Provisions & Prelims Facts:

• Purpose: Investigates allegations of corruption and maladministration against public servants, including state ministers and legislators.
• Appointment: Appointed by the Governor after consultation with the Chief Justice of the Allahabad High Court and the Leader of the Opposition in the Legislative Assembly.
• Tenure: Currently 6 years (Amended back from 8 years).

Key Officeholders:

• First Lokayukta: Justice Vishambhar Dayal (1977)
• Second Lokayukta: Justice Murtaza Hussain
• Third Lokayukta: Justice K.N. Goyal
• Current Lokayukta: Justice Sanjay Mishra

2. UP State Information Commission (UPSIC)

• Legal Status: Statutory Body established under the Right to Information Act, 2005.
• Headquarters: Lucknow.

Key Provisions:

• Composition: Chief Information Commissioner (CIC) + up to 10 Information Commissioners.
• Appointment Committee: Appointed by the Governor on the recommendation of a committee consisting of:
  1. Chief Minister (Chairperson)
  2. Leader of Opposition in the Legislative Assembly
  3. A Cabinet Minister nominated by the Chief Minister
• Current Chief Information Commissioner: Rajkumar Vishwakarma

3. UP State Human Rights Commission (UPSHRC)

• Legal Status: Statutory Body established under the Protection of Human Rights Act, 1993.
• Formation in UP: Constituted on 7 October 2002.
• Headquarters: Lucknow.

Key Provisions:

• Composition: A Chairperson (Retired Chief Justice or Judge of a High Court) and two Members.
• Tenure: 3 years or 70 years of age, whichever is earlier (eligible for re-appointment).
• Appointment Committee: Appointed by the Governor on recommendations of a committee comprising the CM, Speaker of Assembly, Minister in-charge of Home Dept, and Leader of Opposition in Assembly.

4. UP State Commission for Women (UPSCW)

• Legal Status: Statutory Body under the Uttar Pradesh State Commission for Women Act, 2002.
• Function: Safeguards women’s rights and investigates cases of gender discrimination and harassment within the state.
• Current Chairperson: Babita Chauhan (Appointed 2024).

Contact:

Call/WhatsApp 9997453844 for details

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