🏛️ Constitutional and Non-Constitutional Bodies in India – Quick Facts for UPSC

Introduction:

This guide covers UPSC constitutional and statutory bodies in India, which are vital for the country’s governance. Understanding their roles, functions, and composition is key for UPSC aspirants aiming to master the General Studies syllabus.

Constitutional Bodies:

Election Commission of India (ECI): Conducts elections, prepares electoral rolls, and enforces the Model Code of Conduct.
Union Public Service Commission (UPSC): Conducts exams for All India Services and advises on promotions and disciplinary matters.
Finance Commission of India: Recommends the distribution of tax revenues between the Centre and States.

Statutory Bodies:

National Human Rights Commission (NHRC): Investigates human rights violations and promotes awareness.
Central Bureau of Investigation (CBI): Investigates corruption and serious crimes.
Central Vigilance Commission (CVC): Monitors vigilance activities under the Central Government.

Key Differences Between Constitutional & Statutory Bodies:

Constitutional Bodies: Created by the Constitution (e.g., ECI, UPSC).
Statutory Bodies: Created by Acts of Parliament (e.g., NHRC, CBI).

Election Commission of India (ECI)

Type: Constitutional Body (Article 324)
Established: 25 January 1950
Composition: Chief Election Commissioner (CEC) + Election Commissioners (ECs)
Appointment: By the President of India (On the recommendation of a committee consisting PM, Leader of Opposition in Lok
Sabha & CJI)
Tenure: 6 years or until 65 years of age, whichever is earlier and determined by President
Functions:
- Conducts elections to Parliament, State Legislatures, and offices of President & Vice-President
- Prepares and revises electoral rolls
- Grants recognition to political parties and allocates symbols
- Enforces Model Code of Conduct
- CEC and ECs have equal powers and allowances (similar to SC judge) – Decisions are taken by majority vote
Removal:
- CEC: Same manner as a Supreme Court judge
- ECs: On CEC’s recommendation by the President
- Resignation- President
Ministry: Ministry of Law and Justice

Union Public Service Commission (UPSC)

Type: Constitutional Body (Articles 315–323)
Established: 1 October 1926
Composition: Chairman + Members (number determined by the President)
Appointment: By the President of India
Tenure: 6 years or until 65 years of age, whichever is earlier
Functions:
- Conducts examinations for All India Services and Central Services
- Advises on promotions, transfers, and disciplinary matters
Removal: By the President on grounds of misbehavior after Supreme Court inquiry
Can be removed by President only in cases of Insolvancy, Office of Profit, or Infirmity of Mind or Body and Misbehaviour (Defined in
Constitution) – Only upon binding advice of Supreme Court after enquiry
Ministry: Ministry of Personnel, Public Grievances and Pensions

Finance Commission of India

Type: Constitutional Body (Article 280)
Established: 1951
Composition: Chairman + 4 Members
Appointment: By the President of India
Tenure: Specified by the President (usually 5 years)
Functions:
- Recommends distribution of tax revenues between Centre and States
- Suggests principles for grants-in-aid to states
Ministry: Ministry of Finance

Flowchart showing the classification of constitutional and non-constitutional bodies in India

Goods and Services Tax (GST) Council

Type: Constitutional Body (Article 279A)
Established: 2016
Composition:
- Chairperson: Union Finance Minister
- Members: Union Minister of State for Finance and State Finance Ministers
Functions:
- Makes recommendations on GST rates, exemptions, and thresholds
- Resolves disputes related to GST implementation
- Constituted by President
Decision-making: 75% majority vote
Ministry: Ministry of Finance

National Commission for Scheduled Castes (NCSC)

Type: Constitutional Body (Article 338)
Composition: Chairperson + Vice-Chairperson + 3 Members
Appointment: By the President of India
Tenure: 3 years
Functions:
- Investigates and monitors safeguards for Scheduled Castes
- Inquires into specific complaints
- Submits reports to the President
Ministry: Ministry of Social Justice and Empowerment

National Commission for Scheduled Tribes (NCST)

Type: Constitutional Body (Article 338A)
Established: 2004
Composition: Chairperson + Vice-Chairperson + 3 Members
Appointment: By the President of India
Tenure: 3 years
Functions:
- Protects rights of Scheduled Tribes
- Evaluates development programs for STs
- Submits reports to the President
Ministry: Ministry of Tribal Affairs

National Commission for Backward Classes (NCBC)

Type: Constitutional Body (Article 338B)
Established: 1993; became constitutional in 2018
Composition: Chairperson + Vice-Chairperson + 3 Members
Appointment: By the President of India
Tenure: 3 years
Functions:
- Examines inclusion and exclusion of communities in OBC list
- Addresses grievances of OBCs
Ministry: Ministry of Social Justice and Empowerment

Special Officer for Linguistic Minorities

Type: Constitutional Body (Article 350B)
Appointment: By the President of India
Functions:
- Investigates matters relating to linguistic minorities
- Reports to the President on the status of safeguards
Ministry: Ministry of Minority Affairs

Comptroller and Auditor General of India (CAG)

Type: Constitutional Body (Article 148)
Appointment: By the President of India
Tenure: 6 years or until 65 years of age, whichever is earlier
Functions:
- Audits accounts of the Union and State governments
- Ensures transparency and accountability in public finance
Removal: Same manner as a Supreme Court judge (President)
Ministry: Independent; reports directly to the President

Attorney General of India

Type: Constitutional Post (Article 76)
Appointment: By the President of India
Qualifications: Must be qualified to be appointed as a Supreme Court judge
Tenure: Holds office during the pleasure of the President
Resignation – President
Functions:
- Chief legal advisor to the Government of India
- Represents the government in the Supreme Court
Ministry: Ministry of Law and Justice

Advocate General of State

Type: Constitutional Post (Article 165)
Appointment: By the Governor of the respective state
Qualifications: Must be qualified to be appointed as a High Court judge
Tenure: Holds office during the pleasure of the Governor
Functions:
- Chief legal advisor to the State Government
- Represents the state in legal matters
Ministry: State Government

National Human Rights Commission (NHRC)

Type: Statutory Body (Protection of Human Rights Act, 1993)
Composition: Chairperson (retired Chief Justice of India) + Members (Chairperson & 5 Other Members + Ex-Officio Member (7) – Chairpersons of NCSC, NCST, NCBC, NCW, NCPCR, NCM and Chief Commissioner for PwD)
Appointment: By the President of India
Tenure: 3 years or until 70 years of age, whichever is earlier
Resignation – President
Functions:
- Investigates human rights violations
- Promotes human rights awareness
Ministry: Ministry of Home Affairs

State Human Rights Commission (SHRC)

Type: Statutory Body (Protection of Human Rights Act, 1993)
Composition: Chairperson (retired Chief Justice of High Court) + Members
Appointment: By the Governor of the respective state
Tenure: 3 years or until 70 years of age, whichever is earlier
Resignation – Governor
Functions:
- Investigates human rights violations within the state
- Promotes human rights awareness
Ministry: State Government

Central Information Commission (CIC)

Type: Statutory Body (Right to Information Act, 2005)
Composition: Chief Information Commissioner + up to 10 Information Commissioners
Appointment: By the President of India
Tenure: 5 years or until 65 years of age, whichever is earlier
Functions:
- Adjudicates on RTI appeals and complaints
- Ensures transparency in public authorities
Ministry: Ministry of Personnel, Public Grievances and Pensions

State Information Commission (SIC)

Type: Statutory Body (Right to Information Act, 2005)
Composition: State Chief Information Commissioner + up to 10 Information Commissioners
Appointment: By the Governor of the respective state
Tenure: 5 years or until 65 years of age, whichever is earlier
Functions:
- Adjudicates on RTI appeals and complaints within the state
- Ensures transparency in state public authorities
Ministry: State Government

Central Vigilance Commission (CVC)

Type: Statutory Body (Central Vigilance Commission Act, 2003)
Composition: Central Vigilance Commissioner + up to 2 Vigilance Commissioners
Appointment: By the President of India
Tenure: 4 years or until 65 years of age, whichever is earlier
Functions:
- Monitors all vigilance activity under the Central Government
- Advises various authorities in planning, executing, reviewing, and reforming their vigilance work
Ministry: Ministry of Personnel, Public Grievances and Pensions

Central Bureau of Investigation (CBI)

Type: Statutory Body (Delhi Special Police Establishment Act, 1946)
Composition: Director + Officers
Appointment: Director appointed by the Central Government on the recommendation of a committee
Tenure: 2 years
Functions:
- Investigates corruption and major criminal cases
- Assists in anti-corruption efforts
- Establised on the recommendations of Santhanam Committee, It looks into crimes related to corruption, economic offences, and serious and organized crime apart from terrorism
Ministry: Ministry of Personnel, Public Grievances and Pensions

National Disaster Management Authority (NDMA)

Type: Statutory Body (Disaster Management Act, 2005)
Composition: Chairperson (Prime Minister) + 9 Members
Appointment: Members appointed by the Chairperson
Functions:
- Formulates policies for disaster management
- Coordinates response to disasters
Ministry: Ministry of Home Affairs

Lokpal

Type: Statutory Body (Lokpal and Lokayuktas Act, 2013)
Composition: Chairperson + up to 8 Members (50% judicial)
Appointment: By the President of India on the recommendation of a selection committee
Functions:
- Inquires into allegations of corruption against public functionaries
- Ensures accountability in governance
Ministry: Ministry of Personnel, Public Grievances and Pensions

UPSC Constitutional and Statutory Bodies – 10 Quick Facts