Constitutional Bodies and Non-Constitutional Bodies
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.
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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
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
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
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
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
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)
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.
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