Constitutional Bodies ( Important for APSC) Constitutional bodies in India derive their powers and authorities directly from the Constitution of India itself, as they are explicitly mentioned and defined within its provisions. These bodies, which play pivotal roles in upholding the democratic and administrative framework of the nation, owe their existence and functions to the constitutional text.
Because these bodies are entrenched in the Constitution, any alteration or modification in their structure, functions, or mechanisms necessitates a constitutional amendment. In other words, any proposed changes to the composition, powers, or functioning of these institutions must undergo a formal and rigorous process of constitutional amendment as prescribed by the Constitution of India. This underscores the profound significance of these bodies in India’s governance and emphasizes the need for a deliberate and constitutionally sanctioned approach to any potential adjustments or reforms.
India relies on a set of vital independent bodies to oversee and manage various facets of governance. The Election Commission, inaugurated in 1950, diligently conducts and supervises elections for the Parliament and State legislatures, upholding the democratic essence of the nation. India’s federal structure encompasses a unified judicial system with three tiers, comprising the Supreme Court, High Courts, and Subordinate Courts, ensuring efficient and equitable legal governance. The Finance Commission, as stipulated in Article 280, takes on the role of recommending the fair distribution of tax revenues between the central and state governments, thus promoting fiscal balance and harmony. The National Human Rights Commission (NHRC) stands as the nation’s guardian of human rights, with its chairman being a retired Chief Justice of India. The Comptroller and Auditor General (CAG) is entrusted with the vital duty of auditing the consolidated funds of both the central and state governments, thereby safeguarding the integrity of the public exchequer, enhancing transparency, and upholding fiscal accountability.
The Authority, Roles, and Duties of Different Constitutional Bodies in India
- Attorney General of India
The Attorney General is the preeminent legal officer in India, appointed under Article 76 of the Constitution by the President.
Powers
- Audience in All Courts
The Attorney General holds the unique privilege of representing the government’s legal interests in all courts across the nation.
- Parliamentary Committee Participation
The Attorney General can participate in parliamentary committee meetings, contributing legal expertise without voting rights.
- Parliamentary Privileges
They are entitled to privileges equivalent to those of a Member of Parliament.
Functions and Responsibilities
- Chief Legal Advisor
As the government’s chief legal advisor, the Attorney General offers expert legal counsel, shaping legal strategies and interpretations for the government.
- Constitutional Roles
Beyond advisory duties, the Attorney General performs roles mandated by the Constitution, including attending Supreme Court hearings on behalf of the government.
Comptroller and Auditor General of India (CAG)
The CAG, established by Article 148 of the Constitution, serves as a critical guardian of fiscal accountability.
Powers
- Audit Authority
The CAG possesses the authority to audit the accounts of both central and state governments, along with other government-recognized entities.
- Comprehensive Auditing
The CAG’s audit mandate extends to all transactions related to government debts, deposits, and funds.
Functions and Responsibilities
- Fiscal Oversight
CAG diligently audits various financial aspects, including expenditure accounts from the Consolidated Fund of India or State and Union territories.
- Advisor to the President
They offer vital advice to the President on maintaining financial records at both central and state levels.
- Audit Reporting
The CAG submits comprehensive audit reports on financial accounts and the operations of public undertakings to the President, enhancing transparency and accountability.
Advocate General
Appointed by the Governor under Article 165, the Advocate General serves as the highest legal officer at the state level, offering legal assistance to the state government.
Powers
- Audience in State Courts
The Advocate General enjoys the privilege of representing the state government in any state court during official duties.
- State Legislature Involvement
They can participate in state legislature proceedings and engage in state legislature committee meetings without voting rights.
- Legislative Privileges
The Advocate General receives privileges akin to those of a Member of the Legislative Assembly (MLA).
Functions and Responsibilities
- State Legal Advisor
The Advocate General provides crucial legal counsel to the state government, addressing matters referred by the Governor and upholding the state’s legal interests.
- Constitutional Duties
In addition to advisory functions, the Advocate General performs diverse legal duties assigned by the Governor, contributing to the efficient functioning of the state’s legal apparatus.
Finance Commission
Article 280 of the Indian Constitution mandates the formation of a Finance Commission every fifth year, constituted by the President.
Powers
- Scope of Operation
The Finance Commission operates within its designated domain and can summon witnesses and request public documents from courts or offices.
Functions and Responsibilities
- Fiscal Allocation
The Commission plays a crucial role in the equitable distribution of tax proceeds between the central and state governments.
- Grants and Aid Allocation
It allocates grants and aid from the Consolidated Fund of India to state governments.
- Fiscal Oversight
The Commission takes necessary steps to ensure the prudent management of state consolidated funds and provides vital financial advice to the President.
- Reporting
The Finance Commission submits detailed financial reports to the President, contributing to fiscal transparency and accountability.
Election Commission
The Election Commission (EC) is empowered by Article 324 to direct, control, and conduct elections for the Parliament, State legislatures, and offices of the President and Vice-President of India.
Powers
- Electoral Registration
The EC registers eligible voters and prepares electoral rolls, a critical step in the democratic process.
- Election Date Determination
It has the authority to decide election dates, ensuring the smooth flow of the electoral process.
- Scrutiny of Nominations
The EC scrutinizes nominations, ensuring that candidates meet the eligibility criteria.
- Code of Conduct
The EC sets a code of conduct for political parties participating in elections, promoting fair and ethical campaigning.
- Dispute Resolution
The EC appoints officers to handle electoral disputes, maintaining the integrity of the electoral process.
- Election Oversight
In cases of breaches, violence, or other irregularities, the EC can cancel voting polls to safeguard the electoral process’s fairness and integrity.
Functions and Responsibilities
- Conducting Elections
The EC is responsible for the meticulous conduct of elections for the Parliament and state legislatures, ensuring the democratic process’s integrity.
- Scheduling Elections
It determines the electoral schedules, coordinating the complex logistics of nationwide elections.
- Electoral Roll Management
The EC prepares and maintains electoral rolls, vital for a fair and comprehensive electoral process.
- Political Party Recognition
The EC grants legal recognition to political parties and assigns election symbols, contributing to the democratic and political landscape.
Statutory Bodies in India
- Statutory bodies play a significant role due to their functions.
- They are established by acts of Parliament.
- These non-constitutional bodies create rules, regulations, and make decisions on behalf of the government.
- The term “statutory” is derived from the fact that their authority comes from statutes or laws enacted by the Parliament or legislative bodies.
- They are commonly known as statutory bodies.
- Examples include the National Commission for Women, National Human Rights Commission, and National Green Tribunal.
List of Important Statutory Bodies in India
| Statutory Body in India | Act |
| Securities & Exchange Board of India | SEBI Act, 1992 |
| National Human Rights Commission | ProtectList of Important Statutory Bodies in India ion of Human Rights Act, 1993 |
| National Commission for Women | National Commission for Women Act, 1990 |
| National Commission for Minorities | National Commission for Minorities Act, 1992 |
| National Green Tribunal | National Green Tribunal Act 2010 |
| Armed Forces Tribunal | Armed Forces Tribunal Act 2007 |
| Unique Identification Authority of India | Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 |
| Central Vigilance Commission | Central Vigilance Commission Act 2003 |
| Commission for Air Quality Management in the National Capital Region (NCR) and Adjoining Areas | Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2020 |
| National Commission for Protection of Child Rights | Commissions for Protection of Child Rights (CPCR) Act, 2005 |
| Competition Commission of India | Competition Act, 2002 |
| National Legal Services Authority | Legal Services Authorities Act, 1987 |
| National Bank for Agriculture and Rural Development | National Bank for Agriculture and Rural Development Act, 1981 |
Regulatory Bodies in India
Regulatory bodies, often public or government agencies, possess autonomous authority to oversee and regulate various aspects of human activities.
Certain regulatory bodies operate independently, free from direct government control. They are instituted to ensure and enforce safety and quality standards, setting benchmarks for specific fields of human endeavor while also monitoring the entities engaged in those activities. These bodies are established through legislative acts.
The primary functions of regulatory bodies typically encompass:
- Formulating and providing comprehensive regulations and guidance to govern the conduct and practices within their respective domains.
- Conducting systematic reviews and assessments of the compliance and performance of entities operating in their purview.
- Granting licenses or permits to entities that meet the established criteria, allowing them to engage in regulated activities.
- Regularly inspecting and monitoring the operations, processes, and infrastructure of entities to ensure adherence to established standards.
- Initiating corrective measures and interventions when non-compliance or violations are identified, with the aim of rectifying issues and maintaining quality and safety.
- Enforcing the established regulations, rules, and standards through various means, such as penalties, fines, or other legal actions, to ensure accountability and adherence to set guidelines.
Important Regulatory Bodies in India
| RBI | Banking, monetary policy and finance |
| Insurance Regulatory and Development Authority of India (IRDAI) | Insurance |
| Pension Fund Regulatory & Development Authority (PFRDA) | Pension |
| National Housing Bank (NHB) | Housing finance |
| Telecom Regulatory Authority of India (TRAI) | Telecom and tariffs |
| Central Board of Film Certification | Film certification and censorship |
| Food Safety and Standards Authority of India (FSSAI) | Food safety |
| Bureau of Indian Standards (BIS) | Standards and certification |
| Board of Control for Cricket in India (BCCI) | Cricket |
Executive Bodies
- These entities are non-constitutional and non-statutory in their nature.
- They do not feature in the Constitution, nor are they created through parliamentary acts.
- Their establishment occurs solely through executive resolutions or actions initiated by the government.
- Conversion into a statutory body is possible through the enactment of dedicated legislation, as exemplified by the transformation of the UIDAI into a statutory body via the introduction of new laws.
Judicial bodies
Judicial bodies in India are primarily represented by the nation’s courts. These institutions are fundamentally dedicated to the administration of justice in accordance with the legal framework of the country.
Quasi-judicial Bodies
A quasi-judicial body can be an individual or entity vested with powers resembling those of a court of law.
- They possess the authority to make determinations and impose penalties on individuals found to be in violation of rules and regulations.
- Unlike full-fledged judicial bodies, quasi-judicial entities operate within a narrower domain, addressing specific issues rather than the broader spectrum of a court.
- These bodies can be established as required by a court, especially when the court deems their intervention necessary. The court retains the right to appoint the members of such a body.
- Quasi-judicial bodies may function in various capacities, including acting as tribunals for particular domains or functioning akin to arbitrators.
- They hold adjudicating powers in areas such as breach of discipline, issues pertaining to financial trust, compliance with conduct rules, and more.
- The jurisdiction of these bodies is limited to particular spheres, including financial markets, land use and zoning regulations, public standards, employment law, and agency-specific regulations.
- Decisions made by quasi-judicial bodies are typically legally binding and enforceable according to the laws of the respective jurisdiction.
Difference between Judicial and Quasi-judicial Bodies
- Common law systems dictate that judicial decisions are bound by precedent, whereas quasi-judicial decisions are generally not constrained by precedent.
- Judicial decisions have the capacity to set new legal standards, whereas quasi-judicial decisions are predominantly guided by existing legal principles.
- Quasi-judicial bodies are not always obligated to adhere strictly to the procedural and evidentiary rules characteristic of judicial proceedings.
- The necessity for quasi-judicial bodies to conduct formal hearings is contingent upon the provisions specified in their governing laws and regulations.
1.What are constitutional bodies in India?
Constitutional bodies in India are institutions or authorities established and governed by the Indian Constitution. They have specific roles and functions, such as upholding constitutional values and ensuring the proper functioning of the government.
2.How are members of constitutional bodies appointed?
Members of constitutional bodies are typically appointed by the President of India or, in some cases, by the Governor of a state. The appointment process often involves recommendations from the government or consultation with the Chief Justice or other relevant authorities.
3.What is the significance of constitutional bodies?
Constitutional bodies play a crucial role in maintaining the balance of power, safeguarding the rights of citizens, and upholding the rule of law in the country. They contribute to the effective functioning of the government and the protection of democratic principles.
4.What are some examples of constitutional bodies in India?
Examples of constitutional bodies in India include the Election Commission, the National Human Rights Commission, and the Comptroller and Auditor General.
5.Do constitutional bodies have judicial powers?
5.Do constitutional bodies have judicial powers?
Some constitutional bodies, like the Election Commission and the National Human Rights Commission, have quasi-judicial powers, enabling them to make decisions and recommendations. However, they are not courts of law.