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What is the difference between constitutional, statutory & executive bodies in India?

#1. Constitutional Bodies are formed by the Constitution which helps the Government to run properly.

  1. Each of these permanent or semi-permanent organization is responsible for the administration of specific functions.
  2. Some additional bodies help them by providing advisory functions.
  3. Either the president or the Prime Minister of India appoints the chief of these bodies.
  4. Constitutional bodies are framed by the Constitution of a nation and can’t be abolished without consent of the states.
  5. Constitutional body is formed to continue the objectives of the Constitution

Some Important constitutional Bodies:
1. Union Public Service Commission (UPSC)
2. Staff Selection Commission (SSC)
3.National Human Rights (NHR)

#2. An extra constitutional body is an institution of government which is not defined in Constitution of India but are established by a resolution(decision) of union cabinet. For Example Planning Commission, National Development Council etc. They are created by various methods which further explain their nomenclature.

#2A. Statutory Body: They are those bodies which are created by a law passed by the parliament which explicitly mentions the objectives for creation, their composition, Powers. Such bodies are subject to change by a respective change in the law governing them.

Example: National Human Rights Commission(formed to conform to United nations charter on Human rights), Central Vigilance Commission, National Biodiversity Authority etc. (formed out of the Biodiversity Act, 2002)

#2B. Executive bodies: they are those bodies which are created by an executive order – i.e. order of a ministry of union or state. Such bodies have no constitutional or law backing them. One very infamous body was Planning commission (now replaced by NITI aayog).

Other such bodies are UIDAI (Aadhar card), which when faced controversy is undergoing shift to statutory body.

Questions, suggestions and comments

  1. Profile photo of Madan Kumar K J Madan Kumar K J


  2. Profile photo of somesh kumar somesh kumar

    what about Central Information Commission. It was formed under Right to Information act

    1. Profile photo of Discuss Discuss

      Same Logic. Thanks.

  3. Profile photo of Sai Kashyap Sai Kashyap

    sir contradiction in statements that is it mentions cvc as both examples in statutory and constitution ?? help me thank you ..

    1. Profile photo of Discuss Discuss

      Corrected. It is not a constitutional body – http://cvc.nic.in/stat2.html

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