What Is Meant by a Non-Constitutional Body

So, what is meant by a Non-Constitutional body? Organisations and Institutions which are not mentioned in our constitution are known as Non-Constitutional bodies. Since they are not specified in the Constitution of India, they can be established through law (Statutory) or through an executive resolution (non-statutory). A Non-Constitutional body does not possess powers provided by the constitution. Its powers are derived either from the laws which are issued and passed by the Parliament (E.g. Central Information Commission) or orders issued by the central government (E.g. NITI Aayog). 

Classification of Non-Constitutional Bodies

The classification of Non-Constitutional bodies depends on their power derivation. Such bodies are classified into two categories. They are:

• Statutory Body
• Non-statutory Body

Statutory Body

A statutory body/ authority is set up by law and empowered to put in force legislation on behalf of the country in its field of work/ functioning. E.g., National Human Rights Commission and National Investigation Agency.

According to the roles and responsibilities the statutory bodies are classified into:

• Regulatory Body
• Quasi- Judicial Body

A statutory body can be both quasi-judicial and regulatory in nature.

Non-statutory Body

Non-statutory bodies are not regulated by law. They get their powers from an executive order issued by the central government. For E.g., NITI Aayog and National Development Council. 

Regulatory Body

Being a government agency, a regulatory body has the power to exercise autonomous authority in a supervisory capacity in certain areas of human activity. E.g., the Pension Fund Regulatory and Development Authority and the Biodiversity Authority of India.

The roles and responsibilities of regulatory bodies are given below:

• Place conditions and restrictions on organisations and businesses in order to promote fair trade.
• In cases of violation of standards imposing penalties/ fines.
• Carrying out regular inspections and conducting audits. 
• They also work towards protecting consumer interest, adjudicating controversies and conducting hearings if needed.

List of Non-constitutional Bodies in India Which Are Regulatory In Nature

Below is the list of Non-Constitutional bodies in India which are regulatory in nature.

• Reserve Bank of India (RBI)
• Insurance Regulatory and Development Authority of India (IRDAI)
• Pension Fund Regulatory & Development Authority (PFRDA)
• National Bank for Agriculture and Rural Development (NABARD)
• Association of Mutual Funds in India (AMFI)
• Advertising Standards Council of India (ASCI)
• Board of Control for Cricket in India (BCCI)
• Bureau of Indian Standards (BIS)
• Securities and Exchange Board of India (SEBI)
• Central Board of Film Certification (CBFC)
• Engineering Export Promotion Council of India (EEPC)
• Express Industry Council of India (EICI)
• Federation of Indian Export Organisation (FIEO)
• Financial Stability and Development Council (FSDC)
• FSSAI – Food Safety and Standards Authority of India
• Indian Chemical Council (ICC)
• Indian National Shipowners’ Association (INSA)
• Indian Stainless Steel Development Association (ISSDA)
• Manufacturers’ Association for Information Technology (MAIT)
• National Association of Software and Service Companies (NASSCOM)
• National Housing Bank (NHB)
• Organisation Of Plastic Processors of India (OPPI)
• Project Exports Promotion Council of India (PEPC)
• Petroleum and Natural Gas Regulatory Board (PNGRB)
• Small Industries Development Bank of India (SIDBI)
• Telecom Regulatory Authority of India (TRAI)

Quasi-Judicial Body

Quasi-Judicial bodies or non-judicial bodies can interpret the law but their field is limited as compared to the judicial bodies. They have the authority to investigate disputed claims and cases of non-compliance of rules and regulations. They also possess the power to hold hearings and pass judgments. Various tribunals and commissions come under the Quasi-Judicial Bodies such as, Central Information Commission and National Green Tribunal 

The roles and responsibilities of quasi-judicial bodies are:

• Quasi-Judicial Bodies provide low-cost services.
• Their procedures too are not complex and lengthy.
• The bodies are easily accessible. Free from technicality, they are quick and efficient. 

List of Non-constitutional Bodies in India Which Are Quasi-Judicial In Nature

• Reserve Bank of India
• Securities and Exchange Board of India
• Appellate Tribunal for Electricity
• Banking Ombudsman
• Central Information Commission
• Competition Commission of India
• Income Tax Appellate Tribunal
• Intellectual Property Appellate Tribunal
• National Company Law Tribunal
• National Consumer Disputes Redressal Commission
• National Green Tribunal
• National Human Rights Commission
• Railway Claims Tribunal

Conclusion

We hope that this article has been helpful in providing details of what is meant by a Non-Constitutional body. Since they do not have a constitutional status they are established through law or an executive resolution and termed statutory or non-statutory respectively.