UPSC Civil Services /Polity & Governance

Constitutional & Statutory Bodies

Constitutional & Statutory Bodies · free study notes · Updated

UPSC Civil Services – Polity & Governance

Constitutional & Statutory Bodies

Tip – For UPSC, remember the “C‑S” mnemonic: Constitutional  vs  Statutory.
Constitutional bodies are created by the Constitution; statutory bodies are created by an Act of Parliament or State Legislature.


1. Simple Explanation

Feature Constitutional Body Statutory Body
Source Constitution (Part IV & Part VI) Parliament/State Legislature (Acts)
Purpose Safeguard the Constitution & its values Execute specific functions (e.g., law, finance, social welfare)
Appointment By the President (often after consultation) By Parliament/President as per the Act
Powers Limited by the Constitution, often independent Defined by the Act (can be advisory, executive, or quasi‑judicial)
Examples Election Commission, Comptroller & Auditor General, Finance Commission, etc. Central Board of Direct Taxes, National Human Rights Commission, National Commission for Women, etc.

2. Key Constitutional Bodies

Body Constitution (Article) Composition Function Term / Removal
President & Vice‑President Art 62–70 As per Constitution Head of State, Executive powers 5 yrs (President) / 5 yrs (VP)
Parliament Art 79‑80 Lok Sabha & Rajya Sabha Legislation, oversight N/A
Supreme Court & High Courts Art 124‑129 Judges appointed by President (with consultation) Judicial review, constitutionality Judges retire at 65 (SC) / 62 (HC)
Election Commission of India Art 324 1 Chief Election Commissioner + 2 ECs Conduct free & fair elections 5 yrs (no retirement at 65)
Comptroller & Auditor General (CAG) Art 148 1 CAG Audits all government accounts 5 yrs (no retirement at 65)
Finance Commission Art 280 1 Chairman + 2 members Recommends fiscal parameters Every 5 yrs
Union Public Service Commission (UPSC) Art 319 1 Chairman + 7 members Recruitment of civil servants 5 yrs
State Public Service Commissions Art 320 1 Chairman + 7 members State level recruitment 5 yrs
National Human Rights Commission (NHRC) Art 32A (constitutional amendment) 1 Chairperson + 5 members Protect human rights 5 yrs

Important – Most of these bodies are independent and their officers cannot be removed except by the President on the advice of the Supreme Court.


3. Key Statutory Bodies (Examples)

Body Creating Act Composition Main Functions Appointment
Central Board of Direct Taxes (CBDT) Income Tax Act, 1961 Chairman + 12 members Formulation of tax policy Appointed by the Finance Minister
National Commission for Women (NCW) NCW Act, 1990 Chairperson + 12 members Protect & promote women’s rights Appointed by the President
National Human Rights Commission (NHRC) NHRC Act, 1993 Chairperson + 5 members Investigate human‑rights violations Appointed by the President
Central Bureau of Investigation (CBI) CBI Act, 1973 Director + 15 members Investigate corruption, serious crimes Appointed by the Central Government
National Commission for Backward Classes (NCBC) NCBC Act, 1993 Chairperson + 5 members Identify & recommend for backward classes Appointed by the President
Central Vigilance Commission (CVC) CVC Act, 2003 Chairman + 3 members Vigilance against corruption Appointed by the President

Tip – Many statutory bodies are quasi‑judicial (e.g., CVC, CBI) or advisory (e.g., NCB).


4. Worked Example

Scenario – You are a student preparing for UPSC. During the mock test, you get a question:

“Explain the appointment procedure of the Election Commissioner and how it differs from that of the Comptroller & Auditor General.”

Answer Outline

  1. Election Commissioner (EC)

    • Constitutional body (Art 324).
    • Appointment: By the President after consultation with the Chief Justice of India and the Leader of the Opposition in the Lok Sabha (to ensure bipartisan support).
    • Term: 5 years or until age 65, whichever is earlier.
    • Removal: Only by the President on the recommendation of the Supreme Court (upon proven misbehavior or incapacity).
  2. Comptroller & Auditor General (CAG)

    • Constitutional body (Art 148).
    • Appointment: By the President based on the recommendation of the Supreme Court (includes the Chief Justice and two senior judges).
    • Term: 5 years or until age 65, whichever is earlier.
    • Removal: Same as EC – only by the President on the recommendation of the Supreme Court.

Key Differences

  • Consultation Panel – EC involves political consultation (Chief Justice & Opposition Leader); CAG requires judicial recommendation.
  • Scope of Function – EC ensures electoral integrity; CAG audits all government accounts.
  • Political Sensitivity – EC appointments are more politically visible; CAG appointments are more judicially driven.

5. Quick Revision Summary

Item Take‑away Mnemonic
Constitutional Bodies Created by Constitution, independent, often “unremovable” (except by

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