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EDITORIALS & ARTICLES
Constitutional Bodies and Non - Constitutional Bodies
Constitutional Bodies Constitutional Bodies are those organizations that derive their powers from the Constitution of India, hence any amendments or addition to their powers require a constitutional amendment. To handle various state activities, the state requires a number of authorities. As a result, the state provides for the formation of some essential authorities in the constitution, as well as their roles, duties, and powers, as well as the required qualifications of leaders and officials. They are called constitutional bodies.
- Constitutional Bodies are those organisations whose formation is mandated by the Indian Constitution.
- Their powers and authority are derived from the Indian Constitution.
- Changing the authority or functions of such entities frequently necessitates a constitutional amendment.
List of Constitutional Bodies
Constitutional Bodies | Constitutional Articles | Tenure | Removal | Powers |
Attorney General of India | 76 | Is not fixed by the Constitution | Holds office during the pleasure of the President |
|
Comptroller and Auditor General of India | 148 | For a period of six years or 65 years(whichever comes earlier) | Is similar to that of a Supreme Court judge |
|
Election Commission of India | 324 | Currently, for 6 years or until 65 years old, whichever comes first | In the same manner and on the same grounds as the judge of the Supreme Court. |
|
Finance Commission of India | 280 | as specified by the President | done by the President |
|
National Commission for Scheduled Castes | 338 | 3 Years, appointment by the president | determined by the president |
|
National Commission for Scheduled Tribes | 338 A | 3 Years, appointment by the President | done by the President |
|
National Commission for Backward Classes | 338 B | determined by the president | 3 Years |
|
Special Officer for Linguistic Minorities | 350 B | Pleasure of the president | Pleasure of the president |
|
Union Public Service Commission | 315-323 | For the time being, 6 years or 65 years (whichever is earlier) | done by the President |
|
State Public Service Commission | 315-323 | presently for 6 years or 62 years, whichever is earlier | Is done by the President |
|
Non-Constitutional Bodies As the name indicates, Non-Constitutional bodies are institutions or organisations which are not mentioned in the constitution or not given a constitutional status. Therefore non-constitutional bodies can be set up through law or an executive resolution which are called Statutory and non-statutory respectively. Some examples of the non-constitutional bodies are the National Human Rights Commission (NHRC), NITI Aayog, Telecom Regulatory Authority of India (TRAI) etc. Features of a Non-Constitutional Body An organization or entity that is not specified in the Indian Constitution is known as a non-constitutional body. A non-constitutional entity, unlike a constitutional body, does not have powers derived from the Indian Constitution. A non-constitutional body's powers are usually derived from laws passed by the Indian Parliament. Example: Central Information Commission (CIC). Non-constitutional bodies that receive power from Indian government orders are also present (Executive Resolution). Example: NITI Aayog. Types of Non-Constitutional Bodies
- Based on how the body derives its powers and function the non-constitutional bodies are broadly classified into
- Statutory Bodies
- Non-Statutory Bodies
Statutory Bodies in India These are non-constitutional bodies because they do not find any mention in the constitution of India. Statutory bodies have the authority to enact legislation and make decisions on behalf of the state or country. Legislation, or the process of enacting laws, is authorised by a statutory authority. To create this body, a Cabinet resolution should be passed.
- Due to their function, they are also important bodies.
- An Act of Parliament establishes them.
- Because statutes are laws enacted by Parliament or the legislature, they are referred to as statutory.
- These bodies are known as statutory bodies because they obtain their authority from statutes or laws enacted by Parliament.
Difference Between Statutory and Non-Statutory Bodies
- Organizations and bodies that are defined by a formal law or a statute are referred to as statutory.
- Statutory entities have the authority to make laws and make decisions on behalf of the state or country. SEBI, or the Securities and Exchange Board of India, is an example of a statutory authority.
- These are government-created bodies that are shaped by an Act of Parliament and tasked with analysing data and making decisions in a certain area of activity.
- The term "non-statutory" is essentially a synonym for "common law."
- As a result, such bodies are created solely by executive resolution or action, implying that they are created solely by government activity.
- An Executive order normally gives them the authority. For example, the NITI Aayog and the National Development Council (NDC).
Advantages of Statutory Bodies
- Autonomy in Operations
- Operational flexibility
- Policy and Operational Consistency
- Special Benefits
- Better managerial talent is more readily available.
Disadvantages of Statutory bodies
- The formulation and amendment procedure is time-consuming.
- Excessive accountability
- Clash of divergent interests
Important Statutory Bodies in India
Statutory Body in India | Act |
Securities & Exchange Board of India | SEBI Act, 1992 |
National Human Rights Commission | Protection 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 |
Non – Statutory Bodies The term "non-statutory" is essentially another term for "common law." As a result, such bodies are created solely by executive resolution or action, implying that they are created solely by government activity. Examples of Non – Statutory Bodies
- NITI Aayog
- National Development Council
NITI Aayog
- The 65-year-old Planning Commission had outlived its usefulness. It used to be relevant in a command economy, but not anymore.
- On January 1, 2015, the Planning Commission was replaced by a new organization called NITI Aayog
- The Prime Minister is the chairperson.
- Fostering cooperative federalism on a constant basis through organized support initiatives and procedures with the States, realizing that strong states equal a strong nation.
- Develop procedures for establishing realistic plans at the village level and gradually aggregating them at higher levels of government.
- To ensure that the objectives of national security are incorporated into economic strategy and policy in areas that are particularly addressed to it.
National Development Council
- On August 6, 1952, the National Development Council was established.
- To reinforce and organize the nation's effort and resources in support of the Plan, promote unified economic policies in all critical fields, and assure the balanced and speedy development of all parts of the country.
- The National Development Council is made up of the following individuals:
- Prime Minister of India
- All members of the Union Cabinet, Chief Ministers of all States or their substitutes, Union Territory Representatives, and members of the NITI Aayog (erstwhile planning commission).
- Prescription of rules for the construction of the National Plan, including resource assessments.
- Consideration of the National Plan as formed by the National Development Council.
- Consideration of major social and economic policy issues impacting national development.
Non - Statutory bodies are formed by executive resolution or action, which means that they are formed by governments action only. "Non-statutory" is simply another way of saying "common law." As a result, such bodies are formed purely by executive action, suggesting that they are formed solely through government activity.
Central Bureau Of Investigation (CBI)
- The CBI was established as the Special Police Establishment in 1941, to investigate cases of corruption in the procurement during the Second World War.
- Later, the Santhanam Committee on Prevention of Corruption recommended the establishment of the CBI. The CBI was then formed by a resolution of the Home Affairs Ministry. The Ministry of Personnel, later on, took over the responsibility of the CBI and now it plays the role of an attached office.
Functions of CBI
- The CBI is the main investigating agency of the GOI. It is not a statutory body; it derives its powers from the Delhi Special Police Establishment Act, 1946.
- Its important role is to prevent corruption and maintain integrity in administration. It works under the supervision of the CVC (Central Vigilance Commission) in matters pertaining to the Prevention of Corruption Act, 1988.
- Investigate cases connected to infringement of economic and fiscal laws, i.e., breach of laws concerning customs and central excise, export and import control, income tax, foreign exchange regulations, etc. But cases of this nature are taken up by the CBI either at the request of the department concerned or in consultation with the concerned department.
- Investigate crimes of a serious nature, that have national and international ramifications, and committed by professional criminals or organised gangs.
- To coordinate the activities of the various state police forces and anti-corruption agencies.
- At the behest of a state govt., the CBI can also take up any case of public importance and investigate it.
- Maintaining crime statistics and disseminating criminal information.
- The CBI is India’s representative for correspondence with the INTERPOL.
Problems associated with CBI
- The agency is dependent on the home ministry for staffing since many of its investigators come from the Indian Police Service. The CBI also relies on the ministry of law for lawyers and also doesn’t have functional autonomy to some extent.
- The CBI, run by IPS officers on deputation, is also vulnerable to the government’s ability to manipulate the senior officers because they are dependent on the Central government for future postings.
- Since police is a State subject under the Constitution, and the CBI acts as per the procedure prescribed by the Code of Criminal Procedure (CrPC), which makes it a police agency, the CBI needs the consent of the State government in question before it can make its presence in that State. This can lead to certain cases not being investigated and seeing a silent deadlock. Recently, states like Andhra Pradesh (consent is again given after change of government in-state) and West Bengal withdrew consent.
- CBI which investigates cases of national importance has been censured for its mishandling of several scams owing to political pressure. It has also been denounced for interfering in the investigation of prominent politicians, such as Jayalalithaa, P. V. Narasimha Rao, Lalu Prasad Yadav, Mulayam Singh Yadav and Mayawati; this tactic leads to their acquittal or non-prosecution. Some of the examples in which CBI was misused are the Hawala scandal, Bofors scandal, 2G spectrum scam, coal scam and so on.
- Financial independence is vital for the functioning of any organization.
Judicial bodies
Judicial bodies are courts in India. Their chief objective is to provide justice by following the laws of the land.
Quasi-judicial bodies
A quasi-judicial body can be an individual or body with powers resembling a court of law.
- They can adjudicate and decide penalties on the guilty.
- They are different from judicial bodies in that their field is limited compared to a court.
- They can be formed on a matter pending in court, by court order if the court considers it necessary; the court reserves the right to appoint members of such a body.
- They can be tribunals for a specific domain, or like an arbitrator.
- Quasi-judicial bodies have adjudicating powers in such matters as:
- Breach of discipline
- Trust in money matters or otherwise
- Conduct rules
- Their authority is limited to specific areas like:
- Financial markets
- Land use and zoning
- Public standards
- Employment law
- Specific set of regulations of an agency
- Decisions of a quasi-judicial body are often legally enforceable under the laws of a jurisdiction.
List of Quasi-Judicial Bodies in India are:
- National Green Tribunal
- Central Information Commission
- National Human Rights Commission
- Tribunal
- SEBI
Note: A single body can be a statutory, regulatory, and quasi-judicial body
Difference between Judicial and Quasi-judicial Bodies
- Judicial decisions are bound by precedent in common law, whereas quasi-judicial decisions are generally not.
- Judicial decisions may create new laws, but quasi-judicial decisions are based on existing law.
- Quasi-judicial needn’t adhere to strict judicial rules (of procedure and evidence).
- Quasi-judicial bodies can hold formal hearings only if they are mandated to do so as per their governing laws.