Statutory and Non-Constitutional Bodies
~9 min read
- Statutory body: Created by an Act of Parliament. Examples: NHRC, CBI, NCW, Lokpal, NDMA, Law Commission.
- Non-statutory body: Created by an executive order. Example: NITI Aayog (replaced Planning Commission in 2015).
- Difference: Constitutional > Statutory > Non-statutory in terms of autonomy and binding power.
Statutory bodies derive authority from an Act of Parliament, not the Constitution. NITI Aayog and similar bodies are executive creations. NDA tests their establishment year, chairperson, and mandate.
NITI Aayog
- National Institution for Transforming India.
- Established: 1 January 2015, by a Cabinet resolution. Replaced the Planning Commission (1950).
- Status: Non-statutory, non-constitutional. Executive body.
- Chairman: Prime Minister.
- Vice Chairman: Currently Suman Bery; previously Rajiv Kumar, Arvind Panagariya.
- Governing Council: CMs of all states and Lieutenant Governors of UTs.
- Focus: Cooperative federalism, think-tank role, monitor implementation of national goals. Does not allocate funds (unlike old Planning Commission).
NHRC, NCW, NCM, NCPCR
| Body | Established by | Year |
|---|---|---|
| NHRC (National Human Rights Commission) | Protection of Human Rights Act | 1993 |
| NCW (National Commission for Women) | NCW Act | 1992 |
| NCM (National Commission for Minorities) | NCM Act | 1992 |
| NCPCR (National Commission for Protection of Child Rights) | CPCR Act | 2007 |
NHRC composition: Chairman (retired CJI or SC judge) + members. Tenure 3 years (or 70 years).
Lokpal, CBI, CVC
- Lokpal: Statutory body under the Lokpal & Lokayuktas Act, 2013. First Lokpal: Justice Pinaki Chandra Ghose (2019). Investigates allegations of corruption against public servants including PM (with safeguards).
- CBI (Central Bureau of Investigation): Not a constitutional or statutory body in the strict sense — operates under the Delhi Special Police Establishment Act, 1946. India's premier investigating agency. Director appointed by a committee of PM, LoP, CJI/SC judge.
- CVC (Central Vigilance Commission): Statutory body under CVC Act, 2003 (earlier executive body from 1964 on Santhanam Committee recommendation). Apex vigilance institution.
Other Statutory Bodies
| Body | Act / Year | Function |
|---|---|---|
| NDMA (National Disaster Management Authority) | Disaster Management Act, 2005 | Chairman: PM. Disaster preparedness |
| Law Commission of India | Executive (re-constituted every 3 years) | Law reform; not statutory but very influential |
| National Green Tribunal | NGT Act, 2010 | Environmental disputes |
| SEBI | SEBI Act, 1992 | Securities market regulator |
| RBI | RBI Act, 1934 | Central bank; predates Constitution |
| FSSAI | FSS Act, 2006 | Food safety regulation |
| TRAI | TRAI Act, 1997 | Telecom regulator |
| UIDAI | Aadhaar Act, 2016 | Aadhaar issuance |
NDA PYQ Examples
Q: NITI Aayog replaced which body in 2015?
(a) Finance Commission (b) Planning Commission (c) NDC (d) NHRC
Answer: (b) Planning Commission.
Q: NHRC was established in:
(a) 1990 (b) 1993 (c) 2000 (d) 2014
Answer: (b) 1993 — Protection of Human Rights Act.
Q: India's first Lokpal was:
(a) Pinaki Chandra Ghose (b) Santosh Hegde (c) Anna Hazare (d) Justice Karnan
Answer: (a) Justice Pinaki Chandra Ghose — appointed 2019.
Q: The Chairman of NDMA is:
(a) President (b) Vice-President (c) Prime Minister (d) Home Minister
Answer: (c) Prime Minister.
Drill Statutory and Non-Constitutional Bodies for NDA
NDA-pattern items on Statutory and Non-Constitutional Bodies with answer keys and explanations.
Start Free Mock TestFrequently Asked Questions
Is NITI Aayog a constitutional body?
No — it is a non-statutory, non-constitutional body. Created by a Cabinet resolution in January 2015. Without constitutional or statutory backing, it has advisory powers only — unlike its predecessor Planning Commission which had similar legal status but more financial influence.
What is the difference between NHRC and SHRC?
NHRC operates at national level (Protection of Human Rights Act, 1993). State Human Rights Commissions (SHRCs) operate at state level under the same Act. Both are statutory bodies.
Is CBI a statutory body?
Technically no — CBI operates under the Delhi Special Police Establishment Act, 1946 (which was originally meant for Delhi police). It has been criticised for not having a dedicated statute despite being India's premier investigating agency.
What was the Planning Commission and why was it replaced?
Set up 15 March 1950 by Cabinet resolution. Drafted five-year plans, allocated funds to states. Criticised for centralised approach, lack of state input, and bureaucratic delay. NITI Aayog (2015) replaced it with a more cooperative-federalism approach.
Who chairs NITI Aayog?
Prime Minister of India is the ex-officio Chairman. The CEO and Vice-Chairman are appointed by the PM. Governing Council includes CMs of all states and Lt Governors of UTs.