Complete detailed Notes on Constitutional and Non-constitutional Bodies of India for BPSC and Other Competitive Exams in 2025
Indian Polity- 7
Constitutional and Non-Constitutional Bodies
Overview
Constitutional Bodies
- Established directly by the Constitution.
- Defined in specific Articles.
- Their powers, structure, and functions are protected by the Constitution.
Non-Constitutional (Statutory & Executive) Bodies
- Created by law (statute) or executive resolution.
- Not mentioned in the Constitution.
- Can be modified or abolished without Constitutional Amendment.
Constitutional Bodies
Election Commission of India (ECI)
| Feature | Details |
| Article | Article 324–329 |
| Established | 1950 |
| Composition | 1 Chief Election Commissioner (CEC) + 2 Election Commissioners |
| Tenure | 6 years or till age 65 |
| Appointment | By the President of India |
| Function | Conducts elections to Parliament, State Legislatures, President and Vice-President. |
| Independence | Removal of CEC is same as a Supreme Court judge. |
Recent Reforms: CEC appointment through committee (2023 law).
Union Public Service Commission (UPSC)
| Feature | Details |
| Article | Article 315–323 |
| Established | 1926 (Constitutional status in 1950) |
| Composition | 1 Chairman + other members (decided by President) |
| Function | Conducts exams for All India Services, Central Services, etc. |
| Reports to | President |
| Removal | Only by President on grounds of misbehavior, proven by SC. |
UPSC is also consulted in disciplinary matters of civil servants.
Comptroller and Auditor General of India (CAG)
| Feature | Details |
| Article | Article 148–151 |
| Appointed by | President |
| Tenure | 6 years or till age 65 |
| Reports to | Parliament |
| Function | Audits all receipts and expenditure of Government of India and State Governments. |
| Independence | Removal procedure same as SC judge. |
Known as “Guardian of Public Purse”.
Finance Commission
| Feature | Details |
| Article | Article 280 |
| Constituted by | President every 5 years |
| Members | 1 Chairman + 4 members |
| Function | Recommends devolution of taxes between Centre & States; grants-in-aid; fiscal consolidation. |
| Latest Commission | 15th Finance Commission (Chairman: N.K. Singh) |
NITI Aayog
(Note: Not a constitutional body, included here due to its importance)
| Feature | Details |
| Replaced | Planning Commission in 2015 |
| Constituted by | Executive resolution of Union Cabinet |
| Chairperson | Prime Minister of India |
| Vice Chairperson | Appointed by PM |
| Function | Policy think tank; fosters cooperative federalism, data-based decision-making. |
| Governing Council | All CMs, Lt. Governors of UTs |
NITI = National Institution for Transforming India
Non-Constitutional Bodies
Subdivided into:
- Statutory Bodies (established by Acts of Parliament)
- Executive Bodies (created by executive order)
National Human Rights Commission (NHRC)
| Feature | Details |
| Type | Statutory Body |
| Act | Protection of Human Rights Act, 1993 |
| Chairperson | Retired Chief Justice of India |
| Appointment | By a Committee headed by PM (includes Speaker, Home Minister, Leaders of Opposition, etc.) |
| Function | Protects human rights (life, liberty, dignity); investigates complaints, conducts inquiries. |
| Powers | Civil court powers; recommends action but not binding. |
Also has State Human Rights Commissions (SHRCs) in states.
State Human Rights Commission (SHRC)
| Feature | Details |
| Established by | State Government under Section 21 of PHRA, 1993 |
| Chairperson | Retired Chief Justice of High Court |
| Function | Investigates human rights violations within state jurisdiction. |
NHRC and SHRC cannot inquire into matters older than 1 year from the date of violation.
NITI Aayog (Also classified as Executive Body)
- Not a constitutional or statutory body.
- Replaced Planning Commission to promote bottom-up planning.
- Key initiatives:
- Aspirational Districts Programme
- Atal Innovation Mission
- SDG Index, etc.
Quick Comparison batween Constitutional and Non-Constitutional Bodies
| Feature | Constitutional Bodies | Non-Constitutional Bodies |
| Established by | Constitution | Law (statutory) or executive order |
| Examples | ECI, UPSC, CAG, Finance Commission | NHRC, SHRC, NITI Aayog |
| Amendment Needed? | Yes, to change their structure | No amendment needed |
| Legal Status | High constitutional authority | Advisory or recommendatory powers |
| Binding Powers | Constitutionally binding | Generally non-binding (advisory) |
Expected UPSC/BPSC Questions
- Which Article provides for the Election Commission
Article 324 - Is NITI Aayog a constitutional body
No, it’s an executive body. - Who appoints the CAG of India
President of India - Which commission recommends the distribution of financial resources between Centre and States
Finance Commission (Article 280) - Is NHRC a statutory or constitutional body
Statutory body, under PHRA Act 1993
Good one