Study constitutional, statutory bodies

Hyderabad: Constitutional and Statutory bodies are important for both prelims and mains of the Group I examination. For mains, these authorities are listed in Unit I of the Governance syllabus but are also important for Polity and Society.

Questions in prelims can be asked on
– Whether a body is constitutional or statutory or quasi-judicial or extralegal

– Who appoints the chairman and members of the body

– What qualifications are required to be appointed to the body

– Term and tenure of the authority

– Committee, if any, that recommended its constitution

– Constitutional amendments, if any, related to the authority

– Powers and functions of the authority

For mains, questions will be primarily on powers and functions of the authorities and reforms, if any, to be made in the functioning of the authority

Details about the following Constitutional bodies will be covered in this series

1. Election Commission of India
2. Comptroller and Auditor General
3. National Commission for Scheduled Castes
4. National Commission for Scheduled Tribes
5. National Commission for Backward Classes
6. Special Officer for Linguistic Minorities
7. Attorney General/Advocate General
8. Finance Commission

Details about the following Statutory bodies will be covered in this series

1. National Commission for Women

2. National Human Rights Commission

3. National Minorities Commission

4. Lokpal

5. Central Vigilance Commission
6. National Green Tribunal
All authorities established by the Government, on the basis of their creation, are categorised into
a. Constitutional Bodies: Anybody or authority established by the Constitution is called a Constitutional body. In other words, the appointment to these offices, qualifications required to be appointed and powers and functions of these offices are mentioned in the Constitution. Any change to the provisions related to these offices can be made by a special majority only. Example- The Election Commission of India.
b. Statutory Bodies: Any law passed by a simple majority is called as an ordinary law or statute. Anybody or any authority established through a statute is called as a statutory body. In other words, the appointment to these offices, qualifications required to be appointed and powers and functions of these offices are mentioned in the statutes. Any change to the provisions related to these offices can be made by a simple majority. Example-Lokpal is provided for by the Lokpal and Lokayukta Act.
c. Extra Constitutional/Extra-legal bodies: An extra-constitutional or Extra Legal body is created by an executive order. The legislature is not involved in the creation or abolition of an extra-constitutional body. Example-NITI Aayog.

All authorities established by the Government, on the basis of their powers and functions, are categorized into

a. Quasi-Judicial Bodies: A quasi-judicial body can be defined as a “body having a partly judicial character by possession of the right to hold hearings on and conduct investigations into disputed claims and alleged infractions of rules and regulations and to make decisions in the general manner of courts”. A quasi-judicial body therefore exercises a discretion that is essentially judicial in character, but is not a part of the judicial branch of the government and is not a court exercising judicial power in the constitutional sense. Example – National Green Tribunal.

b. Advisory bodies: Authorities constituted to advice the Government on specific matters or welfare of social groups.

Example – National Commission for Women to advice on the welfare of women.

– Central Vigilance Commission to advice on addressing corruption in governance.

To be continued…

By Deepika Reddy
Director, Shikara Academy

Mobile No. 7702026769