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People of various castes, faiths, and geographical areas live in India, a union of states. The state has its own set of needs fulfilled by constitutional and non-constitutional bodies throughout the country. Various constitutional bodies in India serve in the smooth functioning of the country. Some examples of constitutional bodies in India include Election Commission, Finance Commission, and many more. Besides this, there are non-constitutional bodies of India(that are not mentioned in India’s constitution), which comprise the Central Bureau of Commission, the National Human Rights Commission and State Human Rights Commission, and various other law enacted institutions.
Constitutional Bodies in India
It is because the Indian Constitution outlines how they are established; they are known as Constitutional Bodies. They have the authority and capacity to carry out their responsibilities thanks to the Indian Constitution. Such institutions normally require a constitutional revision to change their powers or operations. The Indian Constitution confers jurisdiction on the constitutional bodies; therefore, any changes to their structure would necessitate a constitutional amendment.
There are about 20 constitutional bodies in India, some of which are as follows:
Finance Commission – The Indian Constitution defines a quasi-judicial body to supervise the government’s finances. The President names a Chairman and four more members, all re-appointable. It can recommend the regulations regulating the distribution of federal monies from the country’s Consolidated Funds to the states.
Attorney General of India – As India’s principal legal counsel, he deals with legal issues that the President has directed or assigned to him. The Attorney General represents the Indian government in cases before the Supreme Court and several High Courts.
Election Commissioner – The Election Commission will be made up of the CEC and two extra election commissioners appointed by the President if needed. The election commission’s responsibilities include determining the territorial areas corresponding to India’s electoral constituencies, registering all eligible voters, and updating electoral rolls regularly.
Union Public Service Commission – Officially recognised as a constitutional body on January 26, 1950, the UPSC (Union Public Service Commission) was established. A Chairman is in charge of the Union Public Service Commission. It provides tests/exams for appointments to union services in the union territory, such as IAS, central, and public services.
State Public Service Commission – When the Provincial Public Service Commission was founded in 1935, the Government of India Act declared that it would be known as the State Public Service Commission. It was also mentioned that the SPSC would be given constitutional standing. The SPSC is largely recognised as the state’s watchdog over the merit system.
National Commission for SCs – A special National Commission for SCs was formed in 2004. The president appoints a chairperson, a vice-chairperson, and three more members. The duty includes investigating the various protections in place for SCs and providing advice on the socio-economic growth of SCs.
Non- Constitutional Bodies
An organisation or entity that is not mentioned in India’s 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. The powers of a non-constitutional body are usually derived from laws enacted by the Indian Parliament. Other non-constitutional entities receive power from executive resolutions issued by the Indian government. Non-constitutional bodies can be divided into two groups based on how they obtain their power:
Statutory Bodies
A statute gives them authority, a law passed by the legislature. For instance, the National Investigation Agency, the National Human Rights Commission, the Lokpal, and the Lokayukta, to name a few.
Non-Statutory Bodies
Their authority is usually derived from an executive order. Examples are the NITI Aayog, the National Development Council, others, etc.
The major non-constitutional bodies in India are as follows-
NITI Aayog
National Human Rights Commission and State Human Rights Commission
Central Information Commission and State Information Commission
Central Bureau of Commission (CBI)
Conclusion
When the Indian government relinquishes its ruling functions, various organisations will conduct it. Constitutional bodies (for example election commission, finance commission, national commission for SCs, Union Public Service Commission) and Non-Constitutional bodies (National Human Rights Commission and State Human Rights Commission) are the two types of bodies found in this category. Non- Constitutional bodies can be further divided into statutory and non-statutory bodies. In India, non-constitutional bodies mostly consist of statutory bodies. Apart from constitutional entities, India will have many non-constitutional bodies due to the parliament and the state legislatures’ timely and necessary establishment.
