Make note on the Non-Constitutional Bodies

The constitution of India is a living document and the lengthiest constitution compared to any other country. It is very descriptive and borrows a lot of provisions from constitutions around the world. The constituent assembly aimed at making the constitution as detailed and also accessible as possible that would in turn lead to efficient administration of India and lead it to development and prosperity. To achieve that goal, many such bodies and their creation was mentioned in the constitution itself. These are the basic required bodies that the nascent democracy needed at the time of independence but since then new needs have appeared and for that many other governmental bodies are created to cater to them. In theory they can be made by amending the constitution and providing provisions in the constitution itself but more practically these bodies are made by the parliamentary acts. Such bodies are known as non-constitutional bodies. 

What are constitutional bodies

Constitutional bodies are created by the constitution or by amending the constitution. The provisions for its creations, the duties it will have, the responsibilities it will bear and the powers such a body will hold are all mentioned in the constitution itself. Most of the constitutional bodies have been present since the existence of the Republic of India as an independent country. The examples of constitutional bodies can be single person positional roles such as Attorney General of India, Comptroller and Auditor General of India, President and the like. The examples can also include big commissions where various people and departments work together to form that constitutional body like Election Commission of India, Union public service commission and the like. 

What are non-constitutional bodies

Non-Constitutional bodies are formed by acts which are passed by the parliament. Technically a constitutional amendment bill can be passed to include the provisions of any new constitutional body in the constitution itself but that would require special majority and except in recent times, India has shown a trend of coalition governments which usually makes it harder to pass constitutional amendment bills with special majority. Instead laws can be made with simple majority and new governmental organizations can be made that way. The acts passed by the parliament contain the provisions, duties and power of the governmental body such formed. Constitutional bodies are also much harder to change and in contrast makes the flexibility of non-constitutional bodies much more efficient in the administration of the country.

Provisions for establishment of non-constitutional bodies

If the provisions are mentioned in the constitution of India but no such body actually exists but formed later, it is considered to be a constitutional body. For example, the Inter- state council is a constitutional body which came into existence in 1990. It is a constitutional body because the constitution empowers the president to make such a body and provides the provisions for its formation, duties and roles.

On the other hand, the non-constitutional body also known as statutory bodies are made by acts of parliament and all the provisions, roles, duties, powers and territorial jurisdiction as well are specified in those acts. The provisions can be also altered later on by amendment to the original acts again by simple majority. This provides a certain flexibility and ease to the Non-constitutional or statutory bodies that is lacking in the constitutional bodies.

Extra-constitutional bodies

Some governmental bodies are brought into existence not by the provisions provided in the constitution or even by the acts passed by the parliament but by direct executive order. These organizations usually serve some severe and urgent purpose. An important instance of such a governmental organization would be the creation of CBI or central bureau of India which was made by a resolution made by the Ministry of Home affairs.

Non-constitutional bodies in India

Some of the important non-constitutional/statutory bodies in India are:

Reserve Bank of India

The reserve bank of India was privately owned initially and then by the Reserve bank of India act of 1934 made into a government owned entity. Since the republic of India was established as an independent nation, the Reserve bank of India has been the backbone of the Indian economy but not a constitutional body. Because it lacks mention in the constitution and its establishment is based on an act of parliament, it is a statutory body.

ISRO or Indian Space Research Organization

Originally formed as INCOSPAR, the world renowned space organization of India was formed on the urging of Vikram Sarabhai by then president of India, Jawaharlal Nehru. It was formed under the department of Atomic energy in 1962 and is nowhere mentioned in the Indian Constitution and hence is a non-constitutional or Statutory body.

• NITI AYOG
• LOKPAL AND LOKAYUKTA
• Securities and Exchange Bank of India (SEBI)
• Food Corporation of India (FCI)
• National Human Rights Commission (NHRC)

Conclusion

Non-constitutional bodies are created in addition to the constitutional bodies already existing or having provisions in the constitution for their formation to meet the current needs of the society and to solve the challenges faced by the ever dynamic political situation of the country and the world around both. Non-constitutional bodies are formed by acts passed by the parliament with simple majority and can also be amended the same way providing some flexibility in changing their roles and responsibilities as the coming times demand. Some crucial examples of the non-constitutional bodies are Reserve bank of India, ISRO, NITI AYOG, LOKPAL, LOKAYUKTA, SEBI, FCI AND NHRC.