Constitutional Statutory and Quasi-judicial Bodies in India

 

Bodies in India are of multiple types, however in general day-to-day articles and news we come across three major types of bodies:

  • Constitutional Bodies
  • Statutory Bodies
  • Executive Bodies

Constitutional Bodies:

  • Derive their Authority from Constitution of India.
  • They are mentioned specifically in Constitution of India and cannot be destroyed/changed without change in Constitution. Hence, Changes in them require Constitutional amendment.
  • They have dedicated articles in Constitution w.r.t them.
  • Consequently, they are most important bodies like CAG (Article 148), UPSC (Artcile 315-323), Finance Commission, Election Commission etc.

Statutory Bodies:

  • They are also referred to as Non-Constitutional bodies as they do not find specific mention in the Constitution of India.
  • However, they are also very relevant and have been created by passing an ACT of Parliament.
  • By RTI act Provisions –Information Commission etc or National Human Right Commission based on Protection of Human Rights Act, 1993.

Executive Bodies:

  • These bodies also come under Non-Constitutional bodies, as they also do not find any mention in the Constitution of India.
  • Further they are also referred to as Non-Statutory bodies as these bodies have been specifically formed by Government decision, without passing any act of Parliament.
  • Example Now dissolved-Planning Commission of India.

One should understand that difference between: Constitutional/ Statutory/ Executive is based source of their origin i.e. Constitution/ Act of Parliament/ Government Order respectively.

Now you may also come across terms like judicial/ Quasi-judicial bodies. They are parameters that define nature and function of bodies.

Judicial bodies

  • Example Courts in India
  • Main aim is justice and for that it relies on specific rules/law of the land.
  • Follows specific process and needs advocates etc.
  • Can go for all the problems
  • Composed of judges only.

Quasi-judicial bodies

  • Their Aim is also justice but their field is limited.
  • Example: human right commission to look after human right violations.
  • They include not only judges but experts from the field also.
  • You can go them if the matter is from their field only.
  • They do-not have specific rules example you do not need advocate/lawyerand can personally appeal to them.
  • Other example is Finance Commission, a constitutional body is also quasi-judicial body in matters related to summoning & enforcing attendance and requisitioning any public record from any court of office.
Constitutional BodiesStatutory BodiesExecutive Bodies
Comptroller and Auditor General of IndiaCentral Vigilance Commission (CVC)Niti Aayog
Union Public Service CommssionCentral Information Commission
State Public Service CommissionState Information Commission
National Human Rights Commission
Attorney General and Solicitor of IndiaNational Consumer Disputes Redressal Commission
Advocate General of State
Election Commission of India
Finance Commission
National Commission for SC's
National Commission for ST's
Special officer for Linguistic Minorities
Inter-State Council

 


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