- A constitutional body is created by the Constitution itself; a statutory body by an Act of Parliament; a non-statutory (executive) body by a government resolution.
- The difference matters: constitutional bodies can only be changed or abolished by a constitutional amendment, while statutory bodies can be changed by ordinary law.
- The most-asked detail for each body is its article or Act, followed by who appoints and who removes its head.
Constitutional Bodies
| Body | Article | Key points |
|---|---|---|
| Election Commission | 324 | Chief Election Commissioner plus other commissioners (currently two). Under the 2023 Act, they are appointed by the President on the advice of a committee of the PM, the Leader of the Opposition in the Lok Sabha and a Union Cabinet Minister. The CEC can be removed only like a Supreme Court judge |
| UPSC | 315–323 | Chairman and members appointed by the President for six years or until age 65; removal by the President after a Supreme Court inquiry for misbehaviour |
| Finance Commission | 280 | Appointed by the President every five years; recommends sharing of taxes between the Centre and states. The 16th Finance Commission, chaired by Arvind Panagariya, covers 2026–31 |
| Comptroller and Auditor General (CAG) | 148–151 | Term of six years or until age 65; removed like a Supreme Court judge; audits Union and state accounts and reports to the President or Governor. Called the "guardian of the public purse"; not eligible for further government office |
| Attorney General | 76 | Holds office at the President's pleasure; no fixed term |
| National Commission for SCs | 338 | Separate commission since the 89th Amendment (2003) |
| National Commission for STs | 338A | Created by the 89th Amendment (2003) |
| National Commission for Backward Classes | 338B | Constitutional status from the 102nd Amendment (2018) |
| GST Council | 279A | Added by the 101st Amendment (2016); chaired by the Union Finance Minister |
Election CommissionArticle 324
CAGArticle 148
CAG term6 yrs or 65
Finance CommissionArticle 280
NHRCPHRA 1993
Lokpal Act2013
Statutory Bodies
| Body | Act | Key points |
|---|---|---|
| National Human Rights Commission | Protection of Human Rights Act, 1993 | Chairperson: a former Chief Justice of India or Supreme Court judge (since the 2019 amendment). Recommendations are advisory |
| Central Information Commission | Right to Information Act, 2005 | Hears appeals under RTI; since the 2019 amendment, terms and salaries are set by the Central Government |
| Central Vigilance Commission | CVC Act, 2003 | First set up in 1964 by executive resolution on the Santhanam Committee's advice; statutory since 2003 |
| Lokpal | Lokpal and Lokayuktas Act, 2013 | Anti-corruption ombudsman with a chairperson and up to eight members, half of them judicial; first Lokpal: Justice Pinaki Chandra Ghose (2019). States set up Lokayuktas |
| National Commission for Women | NCW Act, 1990 | Set up in 1992 |
| National Green Tribunal | NGT Act, 2010 | Principal bench in New Delhi |
| Central Bureau of Investigation | Not statutory — set up by a 1963 resolution; draws powers from the Delhi Special Police Establishment Act, 1946 | Director chosen by a committee of the PM, the Leader of the Opposition and the CJI |
Non-Statutory Bodies
- NITI Aayog — set up by a Cabinet resolution on January 1, 2015, replacing the Planning Commission (1950). It is neither constitutional nor statutory. The PM is its chairperson; its Governing Council includes all Chief Ministers and Lieutenant Governors.
- National Development Council (1952) — also set up by executive resolution; it has been largely inactive since NITI Aayog was formed.
Who Removes Whom
| Removed like a Supreme Court judge (special majority in both Houses) | Removed by the President after a Supreme Court inquiry |
|---|---|
| CAG, Chief Election Commissioner | UPSC Chairman and members; NHRC chairperson and members; CVC; Lokpal |
- Classification questions: "Which of these is NOT a constitutional body?" — NITI Aayog, NHRC, CVC and CBI are the common answers.
- Article ↔ body: 148 (CAG), 280 (Finance Commission), 324 (EC), 338/338A/338B (commissions).
- Amendment ↔ body: 89th (separate NCST), 101st (GST Council), 102nd (NCBC).
Q1. Which of the following is a constitutional body?
✅ Answer: (c) Finance Commission
💡 Explanation: The Finance Commission is created under Article 280; the others are statutory or executive bodies.
Q2. The Comptroller and Auditor General holds office for:
✅ Answer: (b) 6 years or until 65
💡 Explanation: The CAG serves six years or until age 65, whichever is earlier.
Q3. The National Commission for Backward Classes got constitutional status through the:
✅ Answer: (a) 102nd Amendment
💡 Explanation: The 102nd Amendment (2018) inserted Article 338B.
Q4. Who was the first Lokpal of India?
✅ Answer: (d) Justice Pinaki Chandra Ghose
💡 Explanation: Justice P.C. Ghose was appointed in March 2019.
Q5. Under the 2023 Act, the selection committee for Election Commissioners includes the PM, the Leader of the Opposition in the Lok Sabha and:
✅ Answer: (c) A Union Cabinet Minister nominated by the PM
💡 Explanation: The Chief Election Commissioner and Other Election Commissioners Act, 2023 replaced the CJI with a Union Cabinet Minister.
🔁 Revise in 60 Seconds
- Constitutional: EC (324), UPSC (315), FC (280), CAG (148), AG (76), NCSC (338), NCST (338A), NCBC (338B), GST Council (279A).
- Statutory: NHRC 1993, CVC 2003 (origin 1964), CIC 2005, Lokpal 2013, NCW 1990, NGT 2010.
- Non-statutory: NITI Aayog (Jan 1, 2015), NDC (1952); CBI from a 1963 resolution.
- CAG and CEC removed like SC judges.
📌 Prelims Traps to Avoid
- ✘ NITI Aayog is neither constitutional nor statutory.
- ✘ The CBI is not a statutory body, though it draws powers from the DSPE Act, 1946.
- ✘ The CVC was set up in 1964 but became statutory only in 2003.
What is the difference between a constitutional and a statutory body?
A constitutional body, such as the Election Commission or CAG, is created directly by the Constitution and can be changed only by a constitutional amendment. A statutory body, such as the NHRC or Lokpal, is created by an Act of Parliament and can be changed by ordinary legislation.
Is NITI Aayog a constitutional body?
No. NITI Aayog was set up by a resolution of the Union Cabinet on January 1, 2015, to replace the Planning Commission. It is neither a constitutional nor a statutory body.