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The Constitutional and Non-Constitutional Bodies

The Constitutional and Non-Constitutional Bodies

Constitutional Bodies:

Constitutional bodies are institutions or entities that are created and recognized by the constitution of a country. They derive their powers, functions, and authority directly from the constitution.

Characteristics:

  1. They are mentioned in the constitution or established through a constitutional amendment.
  2. They possess a high level of independence and autonomy.
  3. They have specific roles, powers, and functions outlined in the constitution.
  4. Examples- the judiciary, election commissions, and certain regulatory bodies.

Non-constitutional Bodies:

Non-constitutional bodies are organizations or institutions that are not explicitly mentioned in the constitution and derive their existence and authority from statutes, laws, or executive orders.

Characteristics:

  1. Created by legislation or other legal instruments, not directly by the constitution.
  2. May have a specific legal mandate but are subject to change by legislative action.
  3. Often established to address specific issues or areas of governance.
  4. Examples include government departments, regulatory agencies, and statutory commissions.

In summary, constitutional bodies have a higher legal standing as they are directly specified or implied by the constitution, while non-constitutional bodies derive their authority from laws or regulations enacted by the legislative or executive branches of government. Both types of bodies play important roles in the functioning of a government and contribute to the administration and governance of a country.

The Non-Constitutional Bodies
S.No.
Name of the Body
Established
1. NITI Aayog 1 Jan, 2015
2. Planning Commission 15 March, 1950 – 13 August, 2014
3. National Development Council 6 August, 1952
4. National Human Rights Commission Statutory Body, The Protection of Human Rights Act, 1993
5. State Human Rights Commission Statutory Body, The Protection of Human Rights Act, 1993
6. Central Information Commission Statutory Body, The Right to Information Act, 2005
7. State Information Commission Statutory Body, The Right to Information Act, 2005
8. Central Vigilance Commission 1964, on the recommendation of Santhanam Committee on Prevention of Corruption (1962-64); Statutory Body (2003), The central Vigilance Commission Act, 2003
9. Central Bureau of Investigation 1963, on the recommendation of Santhanam Committee on Prevention of Corruption (1962-64); derive powers from The Delhi Special Police Establishment Act, 1946
10. Lokpal and Lokayuktas The Lokpal and Lokayuktas Act, 2013
The Constitutional Bodies
S.No.
Institution of the Constitution
Related Articles
1. The Election Commission of India Article- 324
2. Union Public Service Commission Article- 315 – 323
State Public Service Commission Article- 315 – 323
3. Attorney General of India Article- 76
4. Advocate General of the State Article- 165
5. Comptroller and Auditor-General of India Article- 148
6. Finance Commission Article- 280
7. Inter-State Council Article- 263
8. Inter-State Trade and Commerce Commission Article- 307
9. National Commission for Scheduled Castes Article- 338
10. National Commission for Scheduled Tribes Article- 338(A)
11. Scheduled Areas and Scheduled Tribes Commission Article- 339
12. Backward Classes Commission Article- 340
13. Official Language Commission & Official Language Committee of Parliament Article- 344
14. Special Officer for Linguistic Minorities Article- 350(B)
15. State Finance Commission Article- 243(I)
16. State Election Commission Article- 243(K)
17. District Planning Committee Article- 243(ZD)
18. Metropolitan Planning Committee Article- 243(ZE)
19. Inter-State Water Dispute Article- 262
20. Administrative Tribunals Article- 323(A)
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