Constitutional Bodies and Non-Constitutional 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.

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

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.