Lesson 4 of 76 8 min Premium
Constitutional and Statutory Bodies
GS2 · Polity and the Constitution
Why they matter
These bodies keep democracy fair: they conduct elections, audit public money, recruit civil servants and share taxes. Constitutional bodies are created by the Constitution itself. Statutory bodies are created by an Act of Parliament. Some bodies are created by an executive resolution.
Constitutional bodies
| Body | Article | Key facts |
|---|---|---|
| Election Commission of India | 324 | Superintendence, direction and control of elections to Parliament, state legislatures, President and Vice-President |
| Union Public Service Commission | 315 | Recruits for the All India and Central services |
| Finance Commission | 280 | Set up every 5 years; recommends sharing of taxes between the Centre and the states |
| Comptroller and Auditor General (CAG) | 148 | Audits the accounts of the Centre and states; "guardian of the public purse" |
| Attorney General of India | 76 | Highest law officer; can speak in Parliament but cannot vote |
| National Commission for SCs | 338 | Protects SC interests |
| National Commission for STs | 338A | Added by the 89th Amendment (2003) |
| National Commission for Backward Classes | 338B | Given constitutional status by the 102nd Amendment (2018) |
| GST Council | 279A | Added by the 101st Amendment (2016); chaired by the Union Finance Minister |
| State Election Commission | 243K | Conducts panchayat and municipal elections |
Statutory and executive bodies
| Body | Basis |
|---|---|
| NITI Aayog | Executive resolution (2015), replaced the Planning Commission; chaired by the PM; a policy think-tank |
| National Human Rights Commission | Protection of Human Rights Act, 1993 |
| Central Vigilance Commission | Statutory since the CVC Act, 2003 |
| Lokpal | Lokpal and Lokayuktas Act, 2013 |
| Central Information Commission | Right to Information Act, 2005 |
| National Green Tribunal | NGT Act, 2010 |
Amending the Constitution (Art. 368)
- Simple majority – for provisions outside Art. 368 (e.g. creating new states under Art. 2–4).
- Special majority – a majority of total membership and two-thirds of members present and voting, in each House.
- Special majority plus ratification by half the states – for federal features (e.g. election of the President, the Seventh Schedule, representation of states in Parliament).
Parliament cannot alter the basic structure (Kesavananda Bharati, 1973).
Background: why independent bodies?
A democracy needs referees that the government of the day cannot capture – to conduct elections, audit spending, recruit civil servants and protect vulnerable groups. Some are created by the Constitution (constitutional bodies). Others are created by Acts of Parliament (statutory bodies) or by executive resolution (non-statutory, e.g. NITI Aayog).
Key constitutional bodies
| Body | Article | Composition and tenure | Key facts |
|---|---|---|---|
| Election Commission | 324 | CEC + Election Commissioners; 6 years or age 65 | CEC removable like an SC judge. The CEC and Other ECs (Appointment…) Act 2023 set up a selection committee of the PM, the Leader of Opposition and a Union Minister |
| UPSC | 315–323 | Chairman + members; 6 years or age 65 | Removal by the President after an SC inquiry for misbehaviour; recommendations are advisory |
| State PSC | 315–323 | Members up to age 62 | Appointed by the Governor but removed by the President |
| Finance Commission | 280 | Chairman + 4 members, every 5 years | Tax devolution, grants-in-aid; 15th FC – 41% share; 16th FC (2026–31) |
| CAG | 148–151 | 6 years or age 65 | "Guardian of the public purse"; reports go to the PAC; removal like an SC judge; not eligible for further office |
| Attorney General | 76 | Holds office during the President's pleasure | Highest law officer; right to speak in Parliament but not vote |
| National Commission for SCs | 338 | Chairperson, Vice-Chairperson + 3 members | Separated from the ST commission by the 89th Amendment (2003) |
| National Commission for STs | 338A | Same | – |
| National Commission for Backward Classes | 338B | Constitutional status from the 102nd Amendment (2018) | – |
| GST Council | 279A | Union FM + state FMs | Decisions need three-fourths of weighted votes (Centre one-third, states two-thirds) |
| Special Officer for Linguistic Minorities | 350B | – | – |
Key statutory and other bodies
| Body | Law | Notes |
|---|---|---|
| NHRC | Protection of Human Rights Act 1993 | Chaired by a former CJI or SC judge; recommendatory powers; limited jurisdiction over the armed forces |
| CVC | CVC Act 2003 (after Vineet Narain 1997) | Central Vigilance Commissioner; supervises the CBI in corruption cases |
| CBI | Delhi Special Police Establishment Act 1946 | Needs state consent for investigation in states (general consent can be withdrawn) |
| Lokpal | Lokpal and Lokayuktas Act 2013 | Chairperson + up to 8 members (50% judicial); covers the PM with safeguards; first Lokpal appointed 2019 |
| Central Information Commission | RTI Act 2005 | Tenure and salaries changed by the RTI (Amendment) Act 2019 – now set by the Centre |
| NCW | NCW Act 1990 | Statutory |
| NITI Aayog | Executive resolution (2015) | Replaced the Planning Commission; a think-tank; no power to allocate funds |
Causes of concern (effects on credibility)
- Appointments dominated by the executive (EC, information commissions).
- Vacancies and delays (information commissions, Lokpal in its early years).
- Recommendatory nature (NHRC, CVC).
- Lack of financial autonomy (budgets controlled by ministries).
- Post-retirement jobs creating conflicts of interest.
Reforms suggested
Collegium-like bipartisan appointment panels; fixed tenures; charging budgets to the Consolidated Fund; transparency in selection; giving some bodies constitutional status; and timely filling of posts. The Anoop Baranwal (2023) judgment asked for a neutral appointment committee for the EC (including the CJI). Parliament then enacted a law in 2023 replacing the CJI with a Union Minister – a debate on institutional independence.
Case study: the CAG's audit of 2G spectrum allocation
In 2010, the CAG reported a "presumptive loss" in the 2007–08 allocation of 2G spectrum. In 2012, the Supreme Court cancelled 122 licences and said natural resources should normally be allocated through transparent methods such as auctions. The 2012 Presidential Reference added that auctions are not constitutionally mandatory for all resources. Whatever the estimates, the episode showed how audit institutions can trigger accountability and policy change (spectrum and coal auctions).
Common misconceptions
- "NITI Aayog is a constitutional body." – It was created by an executive resolution.
- "The State PSC chairman is removed by the Governor." – Only the President can remove members.
- "NHRC can punish violators." – It recommends action; it cannot enforce punishments.
How UPSC asks it
Prelims frequently asks to classify bodies as constitutional, statutory or executive, about tenure and removal procedures, and about who appoints whom. Mains themes include the independence of the Election Commission, the CAG's role, the effectiveness of the NHRC and Lokpal, and NITI Aayog vs the Planning Commission.
Mains answer framework
Q-type: "Discuss the measures needed to strengthen the independence of the Election Commission of India."
- Intro: Art. 324; its role in the world's largest democracy.
- Issues: appointment process; ECs not protected like the CEC; post-retirement jobs; enforcement of the Model Code of Conduct; no power to deregister parties.
- Suggestions: independent collegium (Dinesh Goswami Committee, Law Commission 255th Report), equal protection for ECs, a separate secretariat, budget from the Consolidated Fund.
- Conclusion: free and fair elections are part of the basic structure – the EC's credibility is key to legitimacy.
Constitutional versus statutory versus executive bodies
| Type | Created by | Examples |
|---|---|---|
| Constitutional | Articles of the Constitution | Election Commission (Art. 324), UPSC (Art. 315), CAG (Art. 148), Finance Commission (Art. 280), National Commission for SCs (Art. 338) |
| Statutory | Acts of Parliament | NHRC (Protection of Human Rights Act, 1993), CVC (2003), Lokpal (2013), National Commission for Women (1990) |
| Executive | Government resolution | NITI Aayog (2015) |
Check your understanding
- How is the CAG removed? In the same manner and on the same grounds as a Supreme Court judge.
- Who appoints the members of the Finance Commission? The President, every five years or earlier.
⚡ Quick revision
- ECI 324, UPSC 315, FC 280, CAG 148, AG 76
- NCSC 338, NCST 338A, NCBC 338B, GST Council 279A
- NITI Aayog 2015 (executive), NHRC 1993 (statutory)
- Art. 368 – three types of amendment; basic structure is protected
Constitutional body (Article 324) that conducts elections to Parliament, state legislatures and the offices of President and Vice-President. Full coverage: The Election Commission of India.The constitutional body under Articles 315 to 323 that conducts examinations for recruitment to the All India and central services, and advises the government on recruitment methods, promotions, transfers and disciplinary matters relating to civil servants.A quasi-judicial body that the President must set up under Article 280 at least once every five years to recommend how central tax revenue is shared with the states and how grants-in-aid are given.Constitutional auditor of Union and state accounts (Articles 148–151). Full coverage: UPSC, State PSCs and the Comptroller and Auditor General.The Government of India's apex policy think tank, set up on 1 January 2015 by a Union Cabinet resolution to replace the Planning Commission, with a focus on cooperative and competitive federalism, strategic policy advice and monitoring rather than allocating funds.An extra-constitutional, non-statutory body set up by a Union Cabinet resolution in March 1950 to formulate India's Five-Year Plans and allocate plan resources; it was replaced by NITI Aayog on 1 January 2015.Statutory body under the Protection of Human Rights Act 1993. Full coverage: National and State Human Rights Commissions.The 1993 law that set up the National Human Rights Commission, State Human Rights Commissions and Human Rights Courts to inquire into violations of human rights by public servants, recommend relief, and promote awareness, in line with the UN Paris Principles.The schedule of the Constitution that divides law-making subjects between Parliament and the state legislatures through three lists (Union, State and Concurrent), read with Article 246.Judicial doctrine (Kesavananda Bharati, 1973) that Parliament cannot amend the Constitution's basic features. Full coverage: Basic Structure Doctrine and Comparison with Other Constitutions.A comprehensive, destination-based indirect tax on the supply of goods and services, introduced in India on 1 July 2017, that replaced most central and state levies with a single system in which tax paid on inputs is credited against tax on outputs.
