Constitutional and Statutory Bodies

Flagship anchor

Indian governance is run through a dense network of specialised bodies, and the single most important fact CAPF tests about each is its legal source: a constitutional body is created directly by the Constitution (the Election Commission, the CAG, the UPSC and State PSCs, the Finance Commission, the GST Council, the Attorney General, and the SC, ST and Backward Classes Commissions); a statutory body is created by an ordinary Act of Parliament (the Central Vigilance Commission, the Central Information Commission, the Lokpal, the National Human Rights Commission, the National Commission for Women, the National Green Tribunal, the National Investigation Agency); and an executive (non-statutory) body is created by a government resolution without any specific Act (NITI Aayog, the former Planning Commission). This constitutional-versus-statutory-versus-executive distinction, together with the founding Article or Act, the composition, and the appointing and removing authority, makes this one of the highest-frequency matching topics in the polity section. The NCERT Class XI text "Indian Constitution at Work", Chapter 3 (Election and Representation) for the ECI, and Laxmikanth's chapters on the Election Commission, UPSC, Finance Commission, CAG, Attorney General, and the various non-constitutional bodies, are the standard references.

Constitutional bodies

Notes on the key constitutional bodies

• Election Commission (Art 324): an independent, permanent constitutional body that superintends, directs and controls the preparation of electoral rolls and the conduct of elections to Parliament, the State legislatures, and the offices of the President and the Vice-President. It became a multi-member body in 1989 (briefly) and permanently from 1993; the CEC and the two ECs have equal powers and decide by majority. The Model Code of Conduct, though not a statute, is enforced by the ECI during elections. Note that the ECI does not conduct local-body elections, which fall to the State Election Commission (a separate constitutional authority under Art 243K and Art 243ZA).
• CAG (Art 148): the "guardian of the public purse" and the head of the Indian Audit and Accounts Department. The CAG audits all receipts and expenditure from the Consolidated Fund of India, the Consolidated Funds of the States and Union Territories with legislatures, the Contingency Fund and the Public Account, and the accounts of all bodies and authorities substantially financed by the Government. The reports are submitted to the President (or the Governor), laid before the legislature, and examined by the Public Accounts Committee. B R Ambedkar described the CAG as one of the most important officers under the Constitution.
• UPSC (Art 315): the central recruiting agency of the Union; conducts the Civil Services Examination, the CAPF (Assistant Commandants) Examination, and other all-India and central recruitments, and advises on promotions and disciplinary matters. Its independence is protected: members are removable only by the President on the limited grounds in Art 317, expenses are charged on the Consolidated Fund, and the Chairman and members cannot accept further government employment except as Chairman or member of the UPSC or a State PSC (a Chairman of a State PSC may rise to the UPSC or the chairmanship of another State PSC).

Statutory bodies (created by an Act of Parliament)

Deeper notes on the high-frequency bodies

• Finance Commission (Art 280): a quasi-judicial body constituted by the President every fifth year (or earlier), with a Chairman and four other members; the Chairman should have experience in public affairs, and members are drawn from those qualified to be a High Court judge, or with knowledge of finance and accounts of government, economics, or administration. It recommends the vertical and horizontal devolution of taxes, grants-in-aid (Art 275), and measures to augment the resources of panchayats and municipalities; its recommendations are advisory, but are conventionally accepted by the Government, which lays the report and an action-taken memorandum before Parliament.
• Election Commission (Art 324): an independent permanent body whose CEC and ECs enjoy the same status, salary and powers as a judge of the Supreme Court; they hold office for six years or up to age 65, whichever is earlier. The Commission registers political parties, allots symbols, prepares and revises electoral rolls, enforces the Model Code of Conduct, and supervises the machinery for the conduct of elections. The 61st Amendment (1989) reduced the voting age from 21 to 18.
• CAG (Art 148 to 151): appointed by warrant under the President's hand and seal; takes the oath before the President; is independent of both the executive and the legislature; submits three kinds of audit reports (on appropriation accounts, on finance accounts, and on public undertakings) which the Public Accounts Committee and the Committee on Public Undertakings examine.

Executive / non-statutory bodies (for contrast)

• NITI Aayog (the National Institution for Transforming India) was set up in 2015 by a Cabinet (executive) resolution, replacing the Planning Commission. It is a policy think tank, neither a constitutional nor a statutory body.
• The earlier Planning Commission (1950) and the National Development Council (1952) were also executive bodies created by resolution.
• Zonal Councils are statutory (States Reorganisation Act, 1956), a useful contrast with NITI Aayog and the Inter-State Council (which is constitutional, Art 263).

Static facts to memorise

Quasi-judicial, regulatory and other bodies (for completeness)

The trap here is the Inter-State Council (constitutional under Art 263), which sits beside several executive and statutory bodies and is frequently misclassified.

Security and human-rights angle (CAPF-distinctive)

• The NHRC and the SHRCs (Protection of Human Rights Act, 1993) are the apex human-rights watchdogs. The NHRC can inquire into violations of human rights by public servants and recommend action, compensation and prosecution. For complaints relating to the armed forces (which, under the Act's definition, include the paramilitary and the CAPFs), the NHRC's role is limited: it may seek a report from the Central Government and then make its recommendations, on which the Government reports back. See human rights and internal security.
• The NIA is the Union's specialised agency for investigating terrorism and offences affecting national security, sovereignty and integrity; it operates under the National Investigation Agency Act, 2008.
• The CVC and the Lokpal are the integrity backbone of public administration, the governance limb of the syllabus; the CVC also exercises superintendence over the CBI's investigations into corruption.
• The ECI (Art 324) safeguards the integrity of elections, the procedural core of democracy; the CAPFs are routinely deployed in sensitive constituencies on polling days, and the Model Code of Conduct governs official conduct during elections.
• The CAG (Art 148) audits defence and paramilitary expenditure, so its reports are a route of accountability over the security establishment, examined by the Public Accounts Committee.

How CAPF asks it

This is a matching and classification topic: single-correct on constitutional-versus-statutory, "how many of the following are constitutional bodies", body-to-Article or body-to-Act matching, and assertion-reason on NITI Aayog and the NHRC.

Authored practice

Common confusion

• Constitutional versus statutory versus executive: the Finance Commission, ECI, CAG, UPSC and GST Council are constitutional; the NHRC, CVC, CIC, Lokpal, NIA and NGT are statutory; NITI Aayog and the former Planning Commission are executive.
• CEC versus EC removal: the CEC is removed like a Supreme Court judge; an EC is removed only on the CEC's recommendation.
• State PSC member removal: by the President, not the Governor, even though the Governor appoints.
• ECI versus State Election Commission: the ECI conducts Parliament and State elections (Art 324); the State Election Commission conducts panchayat and municipality elections (Art 243K, 243ZA).
• CVC origin versus statutory status: set up in 1964 (Santhanam Committee), but became statutory only with the CVC Act, 2003.
• Inter-State Council (constitutional, Art 263) versus NITI Aayog (executive, 2015): a frequent trap.
• CBI: it operates under the Delhi Special Police Establishment Act, 1946, and is neither a constitutional body nor created by a dedicated CBI statute.

Memory hook

• "324, 148, 315, 280, 76": ECI, CAG, UPSC, Finance Commission, Attorney General, the core constitutional five.
• "338, 338A, 338B = SC, ST, Backward Classes" Commissions, in alphabetical-numerical order (NCST by the 89th Amendment 2003, NCBC by the 102nd Amendment 2018).
• "Statutory by year": NHRC 1993, CIC 2005, Lokpal 2013, NIA 2008, NGT 2010, NCW 1990, CVC 2003.
• "NITI Aayog 2015 = no Act, no Article" (executive only).
• "CAG and CEC retire like judges, ECs ride on the CEC".

Night before

• Constitutional bodies: ECI (Art 324), CAG (Art 148), UPSC (Art 315), Finance Commission (Art 280), GST Council (Art 279A), Attorney General (Art 76), NCSC (Art 338), NCST (Art 338A), NCBC (Art 338B).
• Statutory bodies: NHRC and SHRC (1993), CVC (2003), CIC (RTI Act 2005), Lokpal (2013), NCW (1990), NGT (2010), NIA (2008).
• NITI Aayog is an executive body (2015), not constitutional or statutory.
• CEC removed like a Supreme Court judge; ECs only on the CEC's recommendation.
• CAG holds office for 6 years or up to age 65; reports examined by the Public Accounts Committee.
• UPSC conducts the CAPF (AC) Examination; members serve 6 years or up to 65.
• A State PSC member is removed by the President, not the Governor.
• NHRC is headed by a former CJI or a Supreme Court judge; its powers are recommendatory.

Glossary

• Constitutional body: a body created directly by the Constitution (e.g. the ECI, the CAG).
• Statutory body: a body created by an ordinary Act of Parliament (e.g. the NHRC, the CVC).
• Executive body: a body created by a government resolution without a statute (e.g. NITI Aayog).
• Model Code of Conduct: the ECI's non-statutory norms governing conduct during elections.
• Devolution audit: the CAG's audit of Centre-to-State transfers and public expenditure.
• Recommendatory power: the power to recommend rather than to enforce (as with the NHRC).
• Ombudsman: an officer who investigates complaints against public authorities (the Lokpal / Lokayukta).
• Superintendence over the CBI: the CVC's oversight of the CBI's corruption investigations.
• State Election Commission: the constitutional body conducting local-body elections (Art 243K, 243ZA).
• Public Accounts Committee: the parliamentary committee that examines the CAG's reports.
• Santhanam Committee: the 1962 to 1964 committee on corruption that led to the CVC.
• Joint State Public Service Commission: a PSC shared by two or more States (Art 315).
• Indian Audit and Accounts Department: the department headed by the CAG.
• Counter-terrorism agency: the NIA, the Union's specialised investigation body (2008).

Related notes

• union executive
• judiciary
• human rights and internal security
• federalism and centre state relations
• parliament
• state government
• local government
• syllabus index