Constitutional Bodies and Non-Constitutional Bodies

Edited By Ritika Jonwal | Updated on Jul 02, 2025 05:48 PM IST

India is a union of states with a diverse population of castes, religions, and geographic locations. Both constitutional and non-constitutional entities around the nation serve the state's unique set of demands. In India, several constitutional bodies contribute to the efficient operation of the nation. India's Election Commission, Finance Commission, and several more commissions are instances of constitutional entities. In addition, there exist non-constitutional entities in India (which are not referenced in the Indian constitution). These entities include the Central Bureau of Commission, the State and National Human Rights Commissions, and several other organisations established by legislation.

This Story also Contains

Constitutional Bodies in India
Important Constitutional Bodies in India
Non-Constitutional Bodies
Types of Non-Constitutional Bodies
Differences Between Constitutional and Non-Constitutional Bodies
Conclusion

Constitutional Bodies and Non-Constitutional Bodies

Constitutional Bodies in India

In India, organisations created and endowed with authority by the Constitution are known as constitutional bodies. These organisations are essential to maintaining the nation's democratic values. They uphold the system of checks and balances within the government, guarantee the separation of powers, and defend people's rights. The President, Vice-President, Parliament, the Supreme Court, and State Legislatures are a few examples of constitutional bodies.

These organisations are vital to the nation's governance and decision-making processes, and the Constitution gives them specific authority and duties. They protect the basic rights and liberties of the Indian people and facilitate the smooth operation of the democratic system.

Important Constitutional Bodies in India

Election Commission of India (ECI)

Constitutional Provision: Article 324 covers the Election Commission of India
Appointment: On the advice of a three-person Selection Committee that included the Leader of the Opposition (LoP) in the Lok Sabha, the Prime Minister of India, and a Union Minister recommended by the Prime Minister, the President of India made the decision.
Tenure: Until they become 65 years old, or six years, whichever comes first.
Removal: The Chief Election Commissioner may be dismissed under the same circumstances and with the same tools as a Supreme Court judge. The Chief Election Commissioner may recommend the removal of other Election Commissioners.
Resignation: Can submit a letter of resignation to the Indian President.
Post-Tenure Appointment: Qualified to be appointed again by the Union Government.
Composition: A Chief Election Commissioner and whatever many more Commissioners the President of India deems necessary. Currently, there are two election commissioners and the chief election commissioner.
Duties and Powers: Authority to oversee, guide, and manage elections for the State Legislatures, the Indian President, and the Indian Vice-President.

Union Public Service Commission (UPSC)

Constitutional Provision: Article 315 to Article 323 covers Union Public Service Commission (UPSC)
Appointment: By the President of India
Tenure: Until they become 65 years old, or six years, whichever comes first.
Removal: by the Indian President, by the procedures and grounds specified in the Constitution. If the President determines that there has been "misbehaviour," the Supreme Court must be consulted. The President may dismiss the UPSC Chairman or a member if the Supreme Court supports the removal request and instructs the President to do so.
Resignation: Can submit a letter of resignation to the Indian President.
Post-Tenure Appointment: The Chairman is not qualified for any other positions. Other members are not qualified for any other positions, however, they may be appointed to the position of Chairman of UPSC or a State Public Service Commission. A member of the Chairman is not qualified for a second term.
Composition: A chairman and the number of other members that the Indian president designates.
Duties and Powers: India's main recruitment organisation is the UPSC.

State Public Service Commission (SPSC)

Constitutional Provision: Article 315 to Article 323 covers State Public service Commission (SPSC)
Appointment: By the Governor of India
Tenure: Until they become 65 years old, or six years, whichever comes first.
Removal: by the Indian President, by the procedures and grounds specified in the Constitution. If the President determines that there has been "misbehaviour," the Supreme Court must be consulted. The President may remove the Chairman or a member of the SPSC if the Supreme Court supports the removal request and advises the President to do so. Even though the Governor appoints the Chairman and the members, only the President has the authority to dismiss them.
Resignation: Can submit a letter of resignation to the Governor.
Post-Tenure Appointment: The Chairman may be appointed to the position of Chairman, Member of the UPSC, or Chairman of any other SPSC, but not for any other position. Other members may be appointed to the UPSC, as a member, or as the chairman of that or any other SPSC; but, they may not be appointed to any other position. A member of the Chairman is not qualified for a second term.
Composition: A chairman and the number of other members that the Indian president designates.
Duties and Powers: The exams for appointment to the State service are administered by the SPSC.

Finance Commission of India (FCI)

Constitutional Provision: Article 280 covers the Finance Commission of India (FCI)
Appointment: By the President of India
Tenure: Specified in the order issued by the President.
Composition: Four additional members and the chairman.
Duties and Powers: To offer suggestions on how the states' separate portions of the net tax profits will be distributed, as well as how the federal government and the states will split the proceeds. The guidelines under which the Centre should provide grants-in-aid to the states (i.e., from the Consolidated Fund of India). The actions required to increase a state's Consolidated Fund to enhance the State's Panchayat and Municipality resources by the State Finance Commission's recommendations. Any other issue that the President refers to is in the interest of sound finance.
Post-Tenure Appointment: Reappointment is permitted.

Goods and Services Tax Council (GST Council)

Constitutional Provision: Article 279 - A
Constitutional Amendment Act: 101st Constitutional Amendment Act of 2016
Composition: The Chairperson is the Union Finance Minister. The Union Minister of State oversees finance or revenue. Any other minister designated by each State Government, or the Minister in charge of Finance or Taxation. The Central Board of Indirect Taxes and Customs (CBlC) Chairperson is always invited to attend Council meetings, but she does not have the right to vote.
Duties and Powers: The purpose of this recommendation is to assist the federal government and the states in deciding which goods and services are subject to or exempt from the Goods and Services Tax (GST). It also includes model GST laws, levy principles, how much GST is levied on supplies made during interstate trade or commerce, principles governing the place of supply, and other related matters.

National Commission for Scheduled Castes (NCSC)

Constitutional Provision: Article 338 covers the National Commission for Scheduled Castes (NCSC)
Appointment: By the President of India
Tenure: Three Years
Composition: Three other members, the vice-chairperson, and the chairman.
Post-Tenure Appointment: Not qualified for more than two terms of appointment.
Duties and Powers: To preserve the social, economic, cultural, and educational interests of the Scheduled Castes and the Anglo-Indian Community, measures against their exploitation must be put in place.

National Commission for Scheduled Tribes (NCST)

Constitutional Provision: Article 338 - A
Appointment: By the President of India
Tenure: Three Years
Composition: Three other members, the vice-chairperson, and the chairman.
Post-Tenure Appointment: Not qualified for more than two terms of appointment.
Duties and Powers: To safeguard the social, economic, cultural, and educational interests of the Scheduled Tribes and to prevent their exploitation.

National Commission for Backward Classes (NCBC)

Constitutional Provision: Article 338 - B
Constitutional Amendment Act: 102nd Constitutional Amendment Act of 2018
Appointment: By the President of India
Tenure: Three Years
Composition: Three other members, the vice-chairperson, and the chairman.
Post-Tenure Appointment: Not qualified for more than two terms of appointment.
Duties and Powers: To preserve the social, economic, educational, and cultural interests of the Backward Classes (BCs), measures must be put in place to prevent their exploitation.

Non-Constitutional Bodies

Non-constitutional bodies are institutions or groups that are not recognised by the Constitution or that lack constitutional footing. Therefore, non-constitutional entities, sometimes referred to as statutory and non-statutory bodies, respectively, may be created by legislation or executive order. A few instances of non-constitutional organisations include the Telecom Regulatory Authority of India (TRAI), NITI Aayog, the National Human Rights Commission (NHRC), and others.

Types of Non-Constitutional Bodies

Non-constitutional bodies may be roughly categorised into two categories based on how they obtain their authority:

Statutory Bodies
Non-Statutory Bodies

Statutory Bodies

Legislation approved by the Indian Parliament frequently grants authority to organisations referred to as Statutory Bodies. The Lokpal, Lokayukta, and Central Information Commission (CIC) are a few examples.

Statutory categories are separated into two groups according to their roles:

Regulatory: A regulatory body is a government agency entrusted with using regulation or oversight to impose independent control over a certain domain of human activity. The Reserve Bank of India (RBI) and the Telecom Regulatory Authority of India (TRAI) are two examples.

Quasi-Judicial Bodies: Non-judicial institutions like commissions and tribunals that have the authority to interpret the law are known as quasi-judicial entities. They differ from judicial bodies in that their authority is more limited than a court's. For instance, the National Human Rights Commission (NHRC).

Non-Statutory Bodies

Rather than being granted authority by laws, organisations referred to as Non-Statutory Bodies get it by executive orders and resolutions.
Think about NITI Aayog and the Central Bureau of Investigation (CBI). A non-statutory body is an organisation that is not subject to any laws.
Conversely, non-statutory groups strive to achieve their own goals, which could or might not align with those of the law.
A non-statutory organization's obligations are not spelt out or formed explicitly.
"Non-statutory" is essentially just another term for "common law." Because of this, these groups may only be created by executive resolution or action, indicating that the creation of these groupings is solely the consequence of government activity.
They can become statutory bodies by enacting new laws or changing ones that already exist.
They lack established powers and authority, a well-defined organisational structure, and official authority.
The National Development Council, the National Assessment and Accreditation Council (NAAC), and NITI Aayog are a few examples.

Differences Between Constitutional and Non-Constitutional Bodies

Constitutional Bodies	Non-Constitutional Bodies
An entity established by the Indian Constitution is called a constitutional body.	An organisation or other body that is not included in the Indian Constitution is considered non-constitutional.
A constitutional change is necessary when a constitutional body has to be created to change its powers or responsibilities.	A non-constitutional institution is not endowed with the powers bestowed by the Indian Constitution, in contrast to a constitutional entity.
The Indian Constitution often serves as the source of the constitutional body's authority and power.	The authority of a non-constitutional body is often obtained from legislation that is approved by the Indian Parliament.

Conclusion

Numerous bodies will take over as the governing body of India after the government steps down. This group includes two sorts of bodies: non-constitutional (National Human Rights Commission and State Human Rights Commission) and constitutional (Election Commission, Finance Commission, National Commission for SCs, Union Public Service Commission, etc.). Statutory and non-statutory bodies are further classifications for non-constitutional bodies. In India, statutory bodies make up the majority of non-constitutional bodies. India will have a large number of non-constitutional bodies in addition to its constitutional ones because of the state legislatures and the parliament's timely and essential formation.

Frequently Asked Questions (FAQs)

1. What distinguishes non-statutory bodies from statutory bodies?

Statutory and non-statutory organisations vary primarily in that the former are established by parliamentary acts, while the latter are not. Non-statutory bodies are only advisory and without any legal authority, whereas statutory entities are endowed with binding legal authority.

2. What are the Extra-Constitutional Bodies guaranteed under the Constitution?

Extra-Constitutional Bodies are those that are created by government executive action or by legislation but are not defined in the Indian Constitution.

3. Which three bodies make up the Indian Constitution?

The Indian Constitution's Separation of Powers describes the relationship between the executive, legislature, and judiciary. The legislative, executive, and judicial branches make up the three arms of government. The three have different roles to play, yet occasionally their spheres of influence overlap.

4. Does UPSC a constitutional body?

In order to carry out the tasks, responsibilities, and obligations set forth in Article 320, UPSC is a Constitutional Body under Articles 315–323, Part XIV, Chapter II of the Indian Constitution.

5. Is Niti Ayog a constitutional body?

NITI Aayog is not a statutory or constitutional entity. It's an executive body.

6. What are constitutional bodies in India?

Constitutional bodies in India are organizations or institutions that are explicitly mentioned and established by the Constitution of India. They derive their powers, functions, and authority directly from constitutional provisions. Examples include the Election Commission, Comptroller and Auditor General, and Union Public Service Commission.

7. How does the Goods and Services Tax Council impact India's fiscal federalism?

The GST Council, a constitutional body, makes recommendations on various aspects of the Goods and Services Tax, including tax rates, exemptions, and model laws. It plays a crucial role in harmonizing the GST structure across states, balancing state autonomy with the need for a unified national market.

8. What is the role of the National Commission for Scheduled Tribes?

The National Commission for Scheduled Tribes, a constitutional body, monitors safeguards provided for Scheduled Tribes, investigates specific complaints regarding deprivation of rights, and advises on socio-economic development planning for Scheduled Tribes.

9. How does the Attorney General of India differ from other constitutional functionaries?

The Attorney General of India is a constitutional functionary, not a body. They are the chief legal advisor to the Government of India and represent the government in important legal matters. Unlike bodies, this is an individual position appointed by the President.

10. How does the National Commission for Protection of Child Rights differ from constitutional bodies?

While it plays a crucial role in child rights protection, the NCPCR is a non-constitutional body created by an Act of Parliament. Unlike constitutional bodies, it can be modified or dissolved through regular legislation, potentially making it more vulnerable to political changes.

11. How do non-constitutional bodies differ from constitutional bodies?

Non-constitutional bodies are organizations created by acts of parliament or executive orders, not directly by the Constitution. While they perform important functions, they can be modified or dissolved more easily than constitutional bodies. Examples include the National Human Rights Commission and Central Vigilance Commission.

12. Why is the distinction between constitutional and non-constitutional bodies important?

The distinction is crucial because it affects the stability, autonomy, and powers of these bodies. Constitutional bodies have greater independence and are harder to modify or dissolve, ensuring they can perform their functions without undue political interference.

13. Can Parliament abolish a constitutional body?

No, Parliament cannot directly abolish a constitutional body. To do so would require a constitutional amendment, which is a more complex process than passing regular legislation. This provides greater stability and protection to constitutional bodies.

14. How does the National Human Rights Commission (NHRC) differ from constitutional bodies?

The NHRC is a non-constitutional body created by the Protection of Human Rights Act, 1993. While it performs the important function of protecting human rights, it doesn't have the same constitutional status and can be modified or dissolved through regular legislation, unlike constitutional bodies.

15. How does the Central Vigilance Commission (CVC) contribute to combating corruption?

The CVC, a non-constitutional body, is the apex vigilance institution in India. It oversees governmental corruption investigations, advises on vigilance administration, and works to prevent corruption in central government organizations and public sector undertakings.

16. What is the role of the Election Commission of India?

The Election Commission of India is a constitutional body responsible for conducting free and fair elections to the Parliament, State Legislatures, and offices of the President and Vice-President. It oversees voter registration, enforces the Model Code of Conduct, and ensures the integrity of the electoral process.

17. How does the Comptroller and Auditor General (CAG) contribute to governance in India?

The CAG, a constitutional body, acts as a watchdog over public finances. It audits all receipts and expenditures of the Central and State governments, ensuring financial accountability and transparency in governance.

18. What is the primary function of the Union Public Service Commission (UPSC)?

The UPSC, a constitutional body, is responsible for conducting civil service examinations and making recommendations for appointments to various All India Services and Central Services. It plays a crucial role in ensuring merit-based recruitment in the Indian bureaucracy.

19. What is the significance of the Finance Commission in India's federal structure?

The Finance Commission, a constitutional body, plays a crucial role in maintaining fiscal federalism. It recommends the distribution of tax revenues between the Centre and States, as well as the allocation of grants-in-aid to States, ensuring a fair and balanced financial relationship within the federal structure.

20. What is the role of the National Commission for Scheduled Castes?

The National Commission for Scheduled Castes is a constitutional body that investigates and monitors safeguards provided for Scheduled Castes, inquires into specific complaints, and participates in the socio-economic development planning for Scheduled Castes.

21. How does the National Commission for Protection of Child Rights contribute to child welfare?

The National Commission for Protection of Child Rights, a non-constitutional body, ensures that all laws, policies, programs, and administrative mechanisms align with the child rights perspective as enshrined in the Constitution of India and the UN Convention on the Rights of the Child.

22. What is the role of the National Disaster Management Authority?

The National Disaster Management Authority, a non-constitutional body, is responsible for laying down policies, plans, and guidelines for disaster management. It coordinates their enforcement and implementation, ensuring a holistic and integrated approach to disaster management in India.

23. What is the primary function of the National Commission for Minorities?

The National Commission for Minorities, a non-constitutional body, safeguards the rights of minority communities in India. It evaluates the progress of their development, monitors the working of safeguards provided in the Constitution and laws, and makes recommendations for their effective implementation.

24. How does the Central Information Commission contribute to transparency in governance?

The Central Information Commission, a non-constitutional body established under the Right to Information Act, works to promote transparency and accountability in the working of public authorities. It hears appeals and complaints from citizens regarding information requests under the RTI Act.

25. What is the role of the Law Commission of India?

The Law Commission of India, a non-constitutional body, undertakes research and reviews existing laws to promote justice and suggest reforms. It works on legal reform, responding to changing societal needs and recommending new legislation where necessary.

26. What is the primary function of the National Commission for Backward Classes?

The National Commission for Backward Classes, initially a non-constitutional body but later given constitutional status, examines requests for inclusion of any class of citizens as a backward class and hears complaints of over-inclusion or under-inclusion in the central list of backward classes.

27. How does the Lokpal contribute to anti-corruption efforts in India?

The Lokpal, a non-constitutional body, serves as an anti-corruption ombudsman. It investigates allegations of corruption against public functionaries, including the Prime Minister, Ministers, and Members of Parliament, providing an independent mechanism to combat high-level corruption.

28. What is the role of the National Green Tribunal?

The National Green Tribunal, a non-constitutional body, is a specialized forum for effective and expeditious disposal of cases relating to environmental protection, conservation of forests and other natural resources. It aims to provide environmental justice and reduce the burden on higher courts.

29. What is the significance of the Inter-State Council in India's federal system?

The Inter-State Council, a non-constitutional body, promotes cooperation between states and between the Centre and states. It investigates and discusses subjects of common interest between states or between the Centre and states, making recommendations for better coordination of policy and action.

30. How does the National Commission for Women differ from constitutional commissions?

The National Commission for Women is a non-constitutional body established by an Act of Parliament. While it plays a crucial role in protecting women's rights, it doesn't have the same constitutional safeguards as bodies like the National Commission for Scheduled Castes, making it potentially more vulnerable to political changes.

31. How does the National Commission for Safai Karamcharis differ from constitutional commissions?

The National Commission for Safai Karamcharis is a non-constitutional body that studies, evaluates, and monitors the implementation of programs for the welfare of Safai Karamcharis (sanitation workers). Unlike constitutional commissions, it can be modified or dissolved through regular legislation.

32. What is the significance of the National Security Council in India's governance structure?

The National Security Council, a non-constitutional body, advises the Prime Minister on matters of national security and strategic interests. It provides a mechanism for high-level coordination on security matters, integrating inputs from various ministries and intelligence agencies.

33. How does the Reserve Bank of India's status as a non-constitutional body affect its functioning?

While the Reserve Bank of India is crucial for monetary policy and financial stability, its non-constitutional status means its powers and functions can be modified by legislation. However, its importance to the economy generally ensures a high degree of operational independence.

34. How does the NITI Aayog differ from its predecessor, the Planning Commission?

NITI Aayog, a non-constitutional body, replaced the Planning Commission. While both focus on national development, NITI Aayog emphasizes cooperative federalism, acting more as a think tank and facilitator rather than a top-down planning body.

35. What is the primary function of the National Human Rights Commission?

The National Human Rights Commission, a non-constitutional body, is responsible for the protection and promotion of human rights in India. It investigates human rights violations, recommends compensations, and advises the government on measures for effective implementation of human rights safeguards.

36. How does the Central Bureau of Investigation's status as a non-constitutional body affect its operations?

The CBI, being a non-constitutional body, derives its powers from the Delhi Special Police Establishment Act. This status means its jurisdiction and powers can be modified by legislation, and it requires state government consent to investigate cases within a state, potentially limiting its reach in certain situations.

37. What is the role of the National Commission on Population?

The National Commission on Population, a non-constitutional body, is responsible for monitoring and coordinating the implementation of the National Population Policy. It aims to achieve population stabilization through voluntary and informed choice in family planning.

38. How does the Central Vigilance Commission contribute to maintaining integrity in public administration?

The Central Vigilance Commission, a non-constitutional body, oversees vigilance administration in central government organizations. It investigates corruption cases, advises on vigilance matters, and works to prevent corrupt practices, thereby promoting integrity and transparency in public administration.

39. What is the significance of the National Commission for Minorities Educational Institutions?

This non-constitutional commission advises the central and state governments on matters related to minority educational institutions. It helps ensure that the rights of minorities to establish and administer educational institutions are protected, as guaranteed by the Constitution.

40. How does the Competition Commission of India promote fair competition in markets?

The Competition Commission of India, a non-constitutional body, prevents practices that have an adverse effect on competition, promotes and sustains competition in markets, protects consumer interests, and ensures freedom of trade carried on by other market participants.

41. What is the role of the National Consumer Disputes Redressal Commission?

This non-constitutional body serves as the apex consumer court in India. It hears appeals against state commission orders, handles cases where the claim exceeds a certain value, and issues guidelines for disposal of consumer cases, thereby protecting consumer rights at the highest level.

42. How does the Telecom Regulatory Authority of India (TRAI) contribute to the telecom sector?

TRAI, a non-constitutional body, regulates telecom services, including fixation/revision of tariffs, ensuring quality standards, and promoting competition. It aims to create a fair and transparent environment that facilitates growth in the telecom sector.

43. What is the primary function of the National Green Tribunal?

The National Green Tribunal, a non-constitutional body, is a specialized forum for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources. It aims to provide environmental justice and reduce the burden on higher courts.

44. What is the role of the National Pharmaceutical Pricing Authority?

The National Pharmaceutical Pricing Authority, a non-constitutional body, fixes and revises the prices of controlled bulk drugs and formulations. It enforces the provisions of the Drugs (Prices Control) Order and monitors the availability of drugs to ensure affordable and accessible healthcare.

45. How does the Pension Fund Regulatory and Development Authority contribute to retirement planning in India?

This non-constitutional body regulates and develops the pension sector in India. It oversees the National Pension System, promotes old age income security, and protects the interests of subscribers to pension schemes, thereby ensuring financial security for citizens in their retirement years.

46. What is the primary function of the Insolvency and Bankruptcy Board of India?

The Insolvency and Bankruptcy Board of India, a non-constitutional body, regulates insolvency professionals, insolvency professional agencies, and information utilities. It writes and enforces rules for processes like corporate insolvency resolution, corporate liquidation, individual insolvency resolution, and individual bankruptcy.

47. How does the National Statistical Commission contribute to data integrity in India?

The National Statistical Commission, a non-constitutional body, serves as a nodal and empowered body for all core statistical activities of the country. It ensures the credibility of the country's statistical system and promotes public trust in official statistics.

48. What is the role of the National Biodiversity Authority?

The National Biodiversity Authority, a non-constitutional body, implements the Biological Diversity Act. It regulates access to Indian biological resources, facilitates benefit-sharing with local communities, and advises the government on conservation and sustainable use of biodiversity.

49. How does the Press Council of India contribute to maintaining press freedom and ethics?

The Press Council of India, a non-constitutional body, acts as a watchdog of the press. It preserves the freedom of the press, maintains and improves the standards of newspapers and news agencies, and fosters a sense of responsibility and public service among journalists.

50. What is the primary function of the National Commission for Safai Karamcharis?

This non-constitutional commission studies, evaluates, and monitors the implementation of various schemes and programs for welfare of Safai Karamcharis (sanitation workers). It investigates specific grievances and makes recommendations to the government for their redressal.

51. How does the Food Safety and Standards Authority of India ensure food safety?

The Food Safety and Standards Authority of India, a non-constitutional body, lays down science-based standards for food articles and regulates their manufacture, storage, distribution, sale, and import. It ensures availability of safe and wholesome food for human consumption.

52. What is the role of the National Disaster Response Force in disaster management?

The National Disaster Response Force, a non-constitutional body, is a specialized force for disaster response and relief. It conducts rescue and relief operations during natural and man-made disasters, and works to build community capacity for disaster resilience.

53. How does the Unique Identification Authority of India contribute to governance and service delivery?

The Unique Identification Authority of India, a non-constitutional body, issues Aadhaar numbers to residents of India. This unique identification helps in better targeting of welfare schemes, reduces fraud and corruption, and enables efficient delivery of public services.

54. What is the primary function of the National Investigation Agency?

The National Investigation Agency, a non-constitutional body, is India's counter-terrorism law enforcement agency. It investigates and prosecutes offenses affecting the sovereignty, security, and integrity of India, including terror attacks, bomb blasts, and other national security threats.

55. How does the National Company Law Tribunal contribute to corporate governance in India?

The National Company Law Tribunal, a non-constitutional body, adjudicates issues relating to Indian companies. It handles various corporate disputes, including those related to mergers, acquisitions, and insolvency proceedings, thereby playing a crucial role in maintaining corporate governance standards.