Constitutional Bodies
~10 min read
- Definition: Bodies expressly created by the Constitution. They have specific powers, tenure and removal procedures specified in the Constitution.
- Key examples: Election Commission (324), UPSC/State PSCs (315-323), Finance Commission (280), CAG (148-151), Attorney General (76), Advocate General (165), Inter-State Council (263).
- Distinct from statutory: Statutory bodies are created by an Act of Parliament; constitutional bodies are created by the Constitution itself.
Constitutional bodies are independent institutions designed to limit executive power. They derive authority from the Constitution itself, not from any statute. NDA tests their articles, composition, and tenure.
Election Commission of India
- Article 324. Independent body responsible for elections to Parliament, State Legislatures, President, Vice-President.
- Composition: Chief Election Commissioner (CEC) + 2 Election Commissioners. Originally only CEC; ECs added 1989.
- Appointment: Earlier by President on PM's advice. As of 2023 Act (post-SC ruling) — by a 3-member committee (PM, LoP in LS, a Union Minister).
- Tenure: 6 years or 65 years, whichever is earlier.
- Removal: CEC removed only via impeachment (same procedure as SC judge). Other ECs only on recommendation of CEC.
- First CEC: Sukumar Sen.
UPSC and State PSCs
- Articles 315-323. Recruitment to All India Services (IAS, IPS, IFS) and Central Services.
- Composition: Chairman + members (number set by President; usually 9-10).
- Appointment: By President.
- Tenure: 6 years or 65 years (62 for State PSC), whichever is earlier.
- Removal: Chairman/members removed by President only on grounds of misbehaviour or insolvency, after SC inquiry.
- State PSCs: Same structure for states; retirement at 62.
- Joint PSCs: Two or more states can have one (Article 315(2)).
CAG — Comptroller and Auditor General
- Articles 148-151. Independent audit authority for Centre and States.
- Appointment: By President. Tenure: 6 years or 65 years, whichever is earlier.
- Removal: Same procedure as SC judge (impeachment).
- Function: Audits accounts of Centre, States, government companies, autonomous bodies; submits reports to President/Governor → tabled in Parliament/Assembly → examined by PAC.
- Ambedkar called CAG "the most important officer under the Constitution".
- First CAG: V. Narahari Rao.
Finance Commission
- Article 280. Constituted every 5 years by President.
- Composition: Chairman + 4 members.
- Function: Recommends distribution of net tax proceeds between Centre and States; grants-in-aid to states from Consolidated Fund of India; measures to augment Consolidated Fund of a State for panchayats and municipalities.
- 15th Finance Commission (chaired by N.K. Singh) covered 2020-21 to 2025-26.
- Recommendations are advisory but usually accepted.
Other Constitutional Bodies
| Body | Article | Note |
|---|---|---|
| Attorney General of India | 76 | Top law officer. Appointed by President; serves at pleasure |
| Advocate General of State | 165 | State equivalent of AG |
| Inter-State Council | 263 | Resolves Centre-State and inter-state disputes |
| National Commission for SCs | 338 | Promotes SC welfare. Chairman + VC + 3 members. 3-year term |
| National Commission for STs | 338A | Promotes ST welfare. 89th Am. 2003 separated this from NCSC |
| National Commission for Backward Classes | 338B | 102nd Am. 2018 — was earlier statutory |
| Special Officer for Linguistic Minorities | 350B | Investigates safeguards for linguistic minorities |
| GST Council | 279A | 101st Am. 2016 — makes recommendations on GST |
NDA PYQ Examples
Q: Which Article establishes the Election Commission?
(a) Article 280 (b) Article 324 (c) Article 148 (d) Article 76
Answer: (b) Article 324.
Q: The CAG of India is appointed by:
(a) Prime Minister (b) Chief Justice (c) President (d) Parliament
Answer: (c) President — Article 148.
Q: How often is the Finance Commission constituted?
(a) Every year (b) Every 3 years (c) Every 5 years (d) Every 10 years
Answer: (c) Every 5 years — Article 280.
Q: NCSC and NCST were separated by which amendment?
(a) 73rd (b) 86th (c) 89th (d) 101st
Answer: (c) 89th Amendment, 2003.
Drill Constitutional Bodies for NDA
NDA-pattern items on Constitutional Bodies with answer keys and explanations.
Start Free Mock TestFrequently Asked Questions
What is the difference between constitutional and statutory body?
Constitutional body — created directly by the Constitution (e.g., EC, UPSC, CAG, FC). Statutory body — created by an Act of Parliament (e.g., NHRC, NCW, Lokpal, CBI). Constitutional bodies have stronger autonomy.
Why did Ambedkar call CAG the most important officer?
Because CAG is the guardian of the public purse — auditor of all government accounts. Without independent audit, executive accountability to Parliament breaks down. CAG's removal procedure (impeachment) protects this independence.
Who is the Attorney General?
The highest law officer of the Government of India. Appointed by President under Article 76. Need not be a member of Parliament; has right of audience in all courts and the right to speak in Parliament (no vote). Serves at the pleasure of the President.
Is the GST Council a constitutional body?
Yes, since the 101st Constitutional Amendment, 2016 added Article 279A. GST Council is chaired by Union Finance Minister and includes state finance ministers.
What is the Inter-State Council?
Article 263 body for promoting Centre-State and inter-state cooperation. Recommended by Sarkaria Commission. Established 1990. PM is Chairman; CMs of all states and 6 Union Cabinet Ministers are members.