Non-constitutional bodies

Non-constitutional bodies happen to be those organisations and institutions which the Indian constitution does not define. Therefore, non-constitutional bodies do not get legal powers by the Indian constitution compared to constitutional bodies. Generally, constitutional bodies work according to the relevant laws passed by the Indian parliament from time to time. 

However, non-constitutional bodies also procure power from orders passed by the government of India, also known as execution resolution. This article discusses the types of non-constitutional bodies based on how they procure their power. In addition to that, the article mentions the types of non-constitutional bodies in India based on their responsibilities. Along with that, there is a brief discussion on some of the significant non-constitutional bodies in India.

Types of non-constitutional bodies

There are two significant classifications of non-constitutional bodies, one based on how they obtain their power and the second based on their responsibilities and duties. The second classification is the division of statutory non-constitutional bodies depending on their contribution.

Based on the procuration of power

Depending on how non-constitutional procure their power, there are two types of non-constitutional bodies – non-statutory bodies and statutory bodies. Statutory bodies obtain power from a statute, i.e., an act enacted by the legislature. National investigation agency, national human rights commission, and Lokpal are some of the best examples of statutory non-constitutional bodies. 

Non-statutory non-constitutional bodies, on the other hand, obtain their power from executive power. The national development council is an example of a non-statutory non-constitutional body.

Based on responsibilities (classification of statutory bodies)

One can further bifurcate statutory non-constitutional bodies into two parts based on their responsibilities and roles, regulatory bodies and quasi-Judicial bodies. Regulatory, statutory non-constitutional bodies exert power around some aspects of human lives in supervisory ability. 

However, their regulatory interventions are not under the executive resolution. Examples of regulatory bodies could be the Biodiversity Authority of India and even the department of Pension fund Regulatory and Development Authority. 

On the other hand, quasi-judicial statutory on-constitutional bodies happen to be judicial organisations that interpret the laws. Compared to other legal bodies in their field, judicial organisations, and even a court, their ability to exert power is complicated. 

National human rights commission, national green tribunals, and even Central Information Commission are examples of quasi-judicial statutory non-constitutional bodies in India. Likewise, RBI and SBI are examples of non-constitutional bodies that fall under regulatory and quasi-judicial bodies. 

Major non-constitutional bodies in India

National Human Rights Commission and State Human Rights Commission

Despite being two different non-constitutional bodies in India, their duties and responsibilities remain vaguely similar. While the national human rights commission is concerned with central affairs, the state human rights commission deals with the states’ matters. Both the non-constitutional bodies were founded and established by the parliament of India under the national protection act of 1993. 

It intervenes and inquires into any state and state situation that supposedly violates human rights. If so, both the organisations take up the suo moto. The organisations also work extensively towards providing human rights literacy across the country and have numerous NGOs working under them simultaneously.

Central Bureau of Investigation (CBI)

CBI is a product of a resolution by the home affairs ministry, which is now under the personnel ministry. The foundation of the investigative bureau focused on preventing corruption and is on the recommendations of the Santhanam Committee. 

The present composition of CBI starts with the director who heads the entire bureau, followed by either an additional director or a special director. After which, several officers are working under the head depending on the ranks in the police department. 

There are seven divisions in the central bureau of investigation: economic offences division, anti-corruption division, policy & coordination division, special crimes division, the directorate of prosecution, administration division, and central forensic science laboratory. The primary responsibility of the CBI is to conduct investigations and intervene in the specific investigations, which are referred to the organisation by the state, high or Supreme Court. 

State Information Commission and Central Information Commission

Both these non-constitutional bodies are different. However, they perform the same task in state and centre respectively. These organisations were founded and developed based on passing the action right to information act, 2005. The act was passed in 2005 by the then parliament. 

Both the organisations are responsible for catering to complaints relevant to information requests. In addition to that, both the non-constitutional bodies power the civil courts in those interventions. 

NITI Ayog

The 65 years long planning commission was scrapped by the government in 2014 to establish the National Institution for Transforming India or NITI. According to the government in 2015, NITI Ayog is the successor of the planning commission. 

However, it is a non-constitutional body because it was not created after an act was passed nor by the constitution. The responsibilities of this organisation are classified into four significant divisions: program framework and design policy, monitoring and evaluation, fostering cooperative federalism, and knowledge and innovation think tank.

Conclusion

Above are the major non-constitutional bodies of India which provide services depending on need and requirements. In addition, depending on the requirement, there are statutory bodies created. All the organisations were designed and developed to fall under the category of the non-constitutional bodies of India.