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Constitutional and Non-Constitutional Bodies in India

 

Constitutional and Non-Constitutional Bodies in India

Constitutional and Non-Constitutional Bodies in India

🏛️ 1. Constitutional Bodies

📜 These are created by the Constitution itself and mentioned explicitly in it.

✅ Key Features:

  • Established directly by the Indian Constitution

  • Require Constitutional Amendment to change their structure or powers

  • Derived from specific Articles

📘 List of Major Constitutional Bodies

Body Name Article(s) Functions
Election Commission of India (ECI) 324–329 Conducts elections to Parliament, State Legislatures, President & VP
Union Public Service Commission (UPSC) 315–323 Recruitment to All India & Central Services
State Public Service Commissions (SPSC) 315–323 Recruitment to State Services
Finance Commission 280 Recommends distribution of taxes between Centre & States
Comptroller and Auditor General (CAG) 148–151 Audits accounts of Union & States
Attorney General of India 76 Chief legal advisor to Government of India
Advocate General of State 165 Legal advisor to State Government
Special Officer for Linguistic Minorities 350B Ensures rights of linguistic minorities
National Commission for SCs 338 Safeguards interests of Scheduled Castes
National Commission for STs 338A Safeguards interests of Scheduled Tribes
National Commission for Backward Classes (NCBC) 338B Safeguards interests of OBCs (added by 102nd Amendment, 2018)

🏢 2. Non-Constitutional (Statutory) Bodies

📄 These are created by Acts of Parliament (not mentioned in the Constitution).

✅ Key Features:

  • Established through legislation (statutes) by Parliament or State Legislatures

  • Powers and functions are defined in their parent Act

  • Can be amended or dissolved by a simple majority in Parliament

📘 List of Major Non-Constitutional (Statutory) Bodies

Body Name Established By Key Role
NITI Aayog Executive Resolution (2015) Successor to Planning Commission; policy think tank
National Human Rights Commission (NHRC) Protection of Human Rights Act, 1993 Protection of human rights
Central Vigilance Commission (CVC) CVC Act, 2003 Anti-corruption and vigilance
Central Information Commission (CIC) Right to Information Act, 2005 Ensures access to information
Lokpal Lokpal and Lokayuktas Act, 2013 Investigates corruption at the national level
Lokayuktas By respective state acts Investigates corruption at the state level
National Commission for Women (NCW) NCW Act, 1990 Safeguards women’s rights
National Commission for Protection of Child Rights (NCPCR) Commission for Protection of Child Rights Act, 2005 Child rights
National Green Tribunal (NGT) NGT Act, 2010 Deals with environmental issues
Competition Commission of India (CCI) Competition Act, 2002 Regulates fair competition
SEBI (Securities and Exchange Board of India) SEBI Act, 1992 Regulates stock markets
TRAI (Telecom Regulatory Authority of India) TRAI Act, 1997 Regulates telecom services
FSSAI (Food Safety & Standards Authority) FSSAI Act, 2006 Food safety and regulation

🟩 3. Extra-Constitutional & Quasi-Judicial Bodies

  • Not mentioned in Constitution

  • May have some judicial powers

Examples:

  • NHRC

  • NGT

  • CAT (Central Administrative Tribunal)

🔍 Key Differences: Constitutional vs. Non-Constitutional Bodies

Feature Constitutional Bodies Non-Constitutional Bodies
Created by Constitution (specific Articles) Acts of Parliament or executive resolutions
Change Needs Constitutional Amendment Simple legislation or executive order
Examples UPSC, CAG, EC, Finance Commission NHRC, CVC, NITI Aayog, CIC, SEBI
Status Permanent unless amended constitutionally Can be modified or abolished easily

📚 Quick Revision Mnemonic (for Constitutional Bodies):

"Every Fair Commission Acts Publicly Judging Lawful Tribes' Backing"

  • E → Election Commission

  • F → Finance Commission

  • C → CAG

  • A → Attorney General

  • P → Public Service Commissions (UPSC/SPSC)

  • J → Judges (SC & HC, under Part V & VI)

  • L → Linguistic Minorities Officer

  • T → Tribes Commission

  • B → Backward Classes Commission



Here are Multiple Choice Questions (MCQs) on Constitutional and Non-Constitutional Bodies – important for UPSC, UKPSC, SSC, and other competitive exams:

✅ MCQs on Constitutional and Non-Constitutional Bodies (with Answers)

🟢 Constitutional Bodies

  1. Which of the following is a Constitutional Body?
    A) Central Information Commission
    B) Election Commission of India
    C) National Human Rights Commission
    D) NITI Aayog
    ✔️ Answer: B) Election Commission of India

  2. The Finance Commission is constituted under which Article of the Constitution?
    A) Article 280
    B) Article 324
    C) Article 76
    D) Article 148
    ✔️ Answer: A) Article 280

  3. Which of the following Constitutional Bodies advises the President in appointment of civil services?
    A) NHRC
    B) CVC
    C) UPSC
    D) CIC
    ✔️ Answer: C) UPSC

  4. Who is the chief legal advisor to the Government of India?
    A) Chief Justice
    B) Attorney General
    C) Law Minister
    D) Solicitor General
    ✔️ Answer: B) Attorney General

  5. Which article provides for the Comptroller and Auditor General (CAG) of India?
    A) Article 76
    B) Article 148
    C) Article 280
    D) Article 324
    ✔️ Answer: B) Article 148

🔵 Non-Constitutional (Statutory) Bodies

  1. Which of the following is a Non-Constitutional but Statutory body?
    A) Election Commission
    B) Finance Commission
    C) National Human Rights Commission (NHRC)
    D) CAG
    ✔️ Answer: C) National Human Rights Commission (NHRC)

  2. The Central Vigilance Commission (CVC) was given statutory status in:
    A) 2003
    B) 1991
    C) 2005
    D) 1999
    ✔️ Answer: A) 2003

  3. Which of these bodies was created by an executive resolution and not a law?
    A) SEBI
    B) NITI Aayog
    C) NHRC
    D) CIC
    ✔️ Answer: B) NITI Aayog

  4. The Lokpal Act was passed in:
    A) 2010
    B) 2013
    C) 2012
    D) 2015
    ✔️ Answer: B) 2013

  5. Which of the following is NOT a statutory body?
    A) National Commission for Women (NCW)
    B) National Green Tribunal (NGT)
    C) UPSC
    D) SEBI
    ✔️ Answer: C) UPSC

🟠 Mixed MCQs

  1. Which of the following bodies does not have a Constitutional backing?
    A) Election Commission
    B) Planning Commission (now NITI Aayog)
    C) Finance Commission
    D) UPSC
    ✔️ Answer: B) Planning Commission (or NITI Aayog)

  2. The State Election Commission is a:
    A) Constitutional Body
    B) Statutory Body
    C) Executive Body
    D) Extra-Constitutional Body
    ✔️ Answer: A) Constitutional Body (Article 243K)

  3. The National Commission for Backward Classes (NCBC) was made a Constitutional Body by which Amendment?
    A) 102nd
    B) 101st
    C) 73rd
    D) 86th
    ✔️ Answer: A) 102nd Amendment

  4. Which of the following is NOT matched correctly?
    A) CAG – Article 148
    B) NHRC – Protection of Human Rights Act, 1993
    C) CIC – RTI Act, 2005
    D) UPSC – Article 324
    ✔️ Answer: D) UPSC – Article 324 (Correct: UPSC – Article 315)

  5. Which of the following bodies has quasi-judicial powers?
    A) Election Commission
    B) NHRC
    C) NGT
    D) All of the above
    ✔️ Answer: D) All of the above


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