Constitutional & Statutory Bodies: Notes for UPSC, SSC & Railway Exams

Three kinds of bodies

A constitutional body is created by the Constitution itself and can be changed only by a constitutional amendment. A statutory body is created by an Act of Parliament. An executive (non-statutory) body is created by a government resolution or order. Exams love to ask which category a body falls in.

Comptroller and Auditor General (Articles 148–151)

• Appointed by the President; holds office for six years or until age 65, whichever is earlier.
• Removed only in the same manner and on the same grounds as a Supreme Court judge.
• Not eligible for any further office under the Union or a state after retiring.
• Salary and expenses are charged on the Consolidated Fund of India.
• Audits the accounts of the Union, states and bodies funded by them. Reports on Union accounts go to the President, who lays them before Parliament (Article 151); state reports go to the Governor.
• The Public Accounts Committee examines the CAG's reports, so the CAG is called its friend, philosopher and guide. Ambedkar called the CAG probably the most important officer under the Constitution.

Public Service Commissions (Articles 315–323)

• UPSC chairman and members are appointed by the President for six years or until 65.
• Removal (Article 317): by the President, for misbehaviour only after the Supreme Court inquires and advises removal; the President can also remove a member for insolvency, outside paid employment or infirmity.
• State PSC members are appointed by the Governor, serve six years or until 62, but can be removed only by the President.
• Functions (Article 320): conducts exams for central services and advises on recruitment, promotions, transfers and disciplinary matters. It is not consulted on reservation of posts for backward classes.
• UPSC presents an annual report to the President (Article 323).

Finance Commission (Article 280)

The President constitutes a Finance Commission every five years or earlier. It has a chairman and four other members; Parliament has laid down their qualifications (Finance Commission (Miscellaneous Provisions) Act, 1951). It recommends how central taxes are shared between the Centre and the states and among states, and principles for grants-in-aid. Its advice is not binding. The first Finance Commission (1951) was chaired by K. C. Neogy.

National commissions for SCs, STs and Backward Classes

Key statutory bodies

• NHRC: Protection of Human Rights Act, 1993. Chairperson is a person who has been Chief Justice of India or a Supreme Court judge. Appointed by the President on the recommendation of a committee headed by the Prime Minister. Its recommendations are advisory.
• Central Vigilance Commission: set up in 1964 by executive resolution on the Santhanam Committee's advice; statutory under the CVC Act, 2003. It has a Central Vigilance Commissioner and up to two Vigilance Commissioners.
• Lokpal: Lokpal and Lokayuktas Act, 2013. A chairperson and up to eight members, at least half of them judicial members, and at least half drawn from SCs, STs, OBCs, minorities and women. The Act also required every state to set up a Lokayukta through a law of its own legislature.
• Central Information Commission: created under the Right to Information Act, 2005; hears appeals and complaints under RTI.
• National Commission for Women: set up in 1992 under the National Commission for Women Act, 1990.

NITI Aayog

NITI Aayog (National Institution for Transforming India) replaced the Planning Commission on 1 January 2015 through a Cabinet resolution. Like the Planning Commission, it is neither constitutional nor statutory. The Prime Minister is its chairperson, and its Governing Council includes Chief Ministers of all states and of UTs with legislatures. It works as a policy think tank and does not allocate funds to states.