UPSC Notes / Polity & Constitution / Chapter 9
Chapter 9 of 20

Constitutional, Statutory and Non-Statutory Bodies

How to tell apart bodies created by the Constitution, by an Act of Parliament, and by a mere executive resolution — with the full comparison table UPSC loves to test.

📖 ~13 min read ⚖️ Polity & Constitution

Introduction

UPSC frequently tests whether a body is constitutional (created directly by a provision of the Constitution), statutory (created by an Act of Parliament/State Legislature), or non-statutory/executive (created by a mere government resolution, with no legal backing). The distinction matters because it determines how easily a body can be altered or abolished.

Flowchart — Classifying a Body
Is the body's existence mentioned directly in the Constitution?
↓
YES → Constitutional Body (change needs a Constitutional Amendment)
NO, but created by a Parliamentary/State Act → Statutory Body (change needs amending that Act)
↓
Created only by an executive/Cabinet resolution → Non-Statutory Body (can be altered/abolished by executive order alone)

Constitutional Bodies

BodyArticleKey Function
Election Commission324Conducts elections to Parliament, State Legislatures, President & VP
Union & State Public Service Commissions (UPSC/SPSC)315-323Recruitment to civil services; advises on service matters
Comptroller and Auditor General (CAG)148-151Audits accounts of the Union and States; "guardian of the public purse"
Finance Commission280Recommends distribution of tax revenues between Centre and States
Attorney General / Advocate General76 / 165Highest law officers of Union / State
National Commission for SCs / STs / BCs338 / 338A / 338BSafeguard interests of SCs, STs, and socially/educationally backward classes
GST Council279A (added by 101st CAA, 2016)Recommends GST rates, exemptions, and administration
Special Officer for Linguistic Minorities350BInvestigates matters relating to linguistic minorities

Statutory Bodies

BodyGoverning ActKey Function
National Human Rights Commission (NHRC)Protection of Human Rights Act, 1993Inquires into human rights violations
Central Information Commission (CIC)Right to Information Act, 2005Second appellate authority for RTI applications
Central Vigilance Commission (CVC)CVC Act, 2003Apex vigilance body to check corruption in Central government
Lokpal / LokayuktaLokpal and Lokayuktas Act, 2013Investigates corruption complaints against public functionaries, including the PM (with safeguards)
National Green Tribunal (NGT)NGT Act, 2010Speedy disposal of environment-related cases
Competition Commission of India (CCI)Competition Act, 2002Prevents anti-competitive practices
National Commission for WomenNCW Act, 1990Safeguards rights of women

Non-Statutory (Executive) Bodies

BodyCreated ByKey Function
NITI AayogUnion Cabinet resolution, 2015 (replaced the Planning Commission, also non-statutory)Policy think-tank; cooperative federalism platform between Centre and States
Central Bureau of Investigation (CBI)Delhi Special Police Establishment Act, 1946 (technically statutory, but often clubbed here due to its unusual status)Premier investigating agency
National Development CouncilCabinet resolution, 1952Apex body for decisions on development matters (largely dormant post-NITI Aayog)
💡 Common Confusion: NITI Aayog is not a constitutional or statutory body — it can be dissolved or restructured by a simple Cabinet decision, unlike the Election Commission or Finance Commission.
✅ UPSC Focus: Sort bodies correctly into the three categories (a favourite Prelims trap) · Article numbers for constitutional bodies · Acts governing statutory bodies · NITI Aayog vs Planning Commission distinction.

💡 Want More? Get the Full eBook

This free chapter covers the key concepts. For complete coverage with 500+ MCQs, mock tests, and previous year analysis — grab the premium eBook.

📚 Browse Premium eBooks →