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Non-Constitutional Bodies - Indian Polity Notes
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As the name indicates, Non-Constitutional bodies are institutions or organisations which are not mentioned in the constitution or not given a
constitutional status. Therefore non-constitutional bodies can be set up through law or an executive resolution which are called Statutory and
non-statutory respectively. Some examples of the non-constitutional bodies are the National Human Rights Commission (NHRC), NITI Aayog,
Telecom Regulatory Authority of India (TRAI) etc.

The topic of Non-Constitutional bodies is very important for the UPSC IAS Exam. In this article, let us see the different types of non-constitutional
bodies with some examples.

What is a Non-Constitutional Body?

An organization or entity that is not specified in the Indian Constitution is known as a non-constitutional body.
A non-constitutional entity, unlike a constitutional body, does not have powers derived from the Indian Constitution.
A non-constitutional body's powers are usually derived from laws passed by the Indian Parliament. Example: Central Information Commission (CIC).
Non-constitutional bodies that receive power from Indian government orders are also present (Executive Resolution). Example: NITI Aayog.

Other Relevant Links

National Human Rights Commission State Human Rights Commission

Central Information Commission State Information Commission

National Green Tribunal (NGT) Lokpal and Lokayuktas

National Commission for Women (NCW) National Council for Transgender Persons

Central Vigilance Commission National Investigation Agency

Types of Non-Constitutional Bodies

Based on how the body derives its powers and function the non-constitutional bodies are broadly classified into
Statutory Bodies
Non-Statutory Bodies

Statutory Bodies are institutions whose powers are usually derived from laws passed by the Indian Parliament. Example: Central Information Commission (CIC),
Lokpal and Lokayukta.
However based on their role the Statutory bodies are divided into two more categories:
Regulatory Bodies
Quasi-Judicial Bodies
A regulatory body is a government entity responsible for exerting autonomous authority in a regulatory or supervisory capacity over some aspect of human
activity. Example: Reserve Bank of India (RBI), Telecom Regulatory Authority of India (TRAI).
Non-judicial authorities such as Commissions or Tribunals that can interpret the law are known as quasi-judicial bodies. They differ from judicial entities in that
their scope is narrower than that of a court. Example: National Human Rights Commission (NHRC).
Non-Statutory Bodies are institutions whose powers are not derived from any laws, rather it derives their powers and functions from executive orders and
resolutions. Example: NITI Aayog, Central Bureau of Investigation (CBI).

Note:

The Central Bureau of Investigation (CBI) is a non-constitutional body established by the government. However, it draws its powers from the
Delhi Special Police Establishment Act 1946.
Conclusion
The constitution could not accommodate every institution which is in existence. Moreover, not all bodies require constitutional status as it is
expensive to maintain their operations and functions. Many institutions are ad-hoc in nature and may not require a full constitutional status and
perform functions as may be.

Other Relevant Links

Indian Polity UPSC Notes Constitutional Bodies

Various Regulatory Bodies Important Amendments in Indian Constitution

Important Commissions and their Recommendations Important Articles in Indian Constitution

Indian Judiciary Indian Parliament

Question: Which Article of the Constitution of India creates the Finance Commission? ➕

Question: Who appoints the Finance Commission? ➕

Question: Who determines the eligibility of members of the Finance Commission? ➕

PYQ Mains
1. Question: How is the Finance Commission of India constituted? What do you know about the terms of reference of the recently constituted Finance
Commission? Discuss. [UPSC 2018]

MCQs
Question: The primary function of the Finance Commission in India is to: (UPSC 2000)

(a) distribute revenue between the Centre and the States

(b) prepare the Annual Budget

(c) advise the President on financial matters

(d) allocate funds to various ministries of the Union and State Governments

Answer: (a) See the Explanation ➕

Question: Who of the following shall cause every recommendation made by the Finance Commission to be laid before each House of
Parliament? (UPSC 2010)

(a) The President of India

(b) The Speaker of Lok Sabha

(c) The Prime Minister of India

(d) The Union Finance Minister

Answer: (a) See the Explanation ➕

Other Relevant Links

Indian Polity Notes Indian Economy Notes

Art and Culture Notes Governance Notes

Ancient India History Notes Medieval India History Notes

Modern India History Notes Geography Notes

Science And Technology Notes Environment And Ecology Notes

Post Independence Notes Society Notes

Internal Security Notes Ethics Notes

Disaster Management Notes World History

International Relations Social Justice Notes

CSAT Notes Government Scheme Notes

*The article might have information for the previous academic years, please refer the official website of the exam.

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