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
-
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).
-
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 |