Non-Constitutional Bodies in India List, Types, Functions

Non-Constitutional Bodies in India List, Types, Functions, Difference

A non-constitutional body is an organisation or entity that is not mentioned in the Indian Constitution. Check the difference between constitutional and non-constitutional bodies in this article.

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Non-Constitutional Bodies

Institutions or organisations that are not included in the constitution or do not have a constitutional standing are referred to as non-constitutional bodies. As a result, non-constitutional bodies may be established by statute or executive order, known as statutory and non-statutory bodies, respectively. The National Human Rights Commission (NHRC), NITI Aayog, Telecom Regulatory Authority of India (TRAI), and others are a few examples of non-constitutional bodies.

Non-Constitutional Bodies in India

Non-Constitutional Bodies are created by laws or executive orders, not by the Constitution of India. They have various roles, including advisory, regulatory, and developmental functions. These bodies are set up to handle specific tasks efficiently and effectively, and they tend to be more flexible and capable than Constitutional Bodies due to their broader mandates.

Background

Non-Constitutional Bodies in India were created to address needs that existing constitutional mechanisms could not adequately meet. For example, the Central Bureau of Investigation (CBI) was established in 1963 to tackle complex issues like corruption and crime, requiring specialized investigation techniques. Similarly, the National Human Rights Commission was founded in 1993 to respond to the growing need for a dedicated body to protect and promote human rights in India. These bodies have specific mandates and are given powers through laws or executive orders.

Non-Constitutional Bodies Types

Non-constitutional bodies are broadly categorised into the following categories according to how they obtain their authority and function:

Statutory Bodies
Non-Statutory Bodies

Non-Constitutional Bodies Types

Statutory Bodies

Non-Statutory Bodies

Institutions known as Statutory Bodies often receive their authority from legislation passed by the Indian Parliament. Examples include the Lokpal, Lokayukta, and Central Information Commission (CIC).

Statutory based on based on their role are divided into two types:

Regulatory
Quasi-Judicial Bodies

A regulatory body is a government organisation tasked with exercising independent control over a particular area of human activity through regulation or supervision. Examples include the Telecom Regulatory Authority of India (TRAI) and the Reserve Bank of India (RBI).

Quasi-judicial entities are non-judicial organisations with legal interpretation powers, such as Commissions or Tribunals. Their purview is more constrained than that of a court, setting them apart from judicial bodies. National Human Rights Commission (NHRC), as an example.

Institutions known as Non-Statutory Bodies acquire their authority from executive orders and resolutions rather than from any legislation. Consider the Central Bureau of Investigation (CBI) and NITI Aayog.

An organisation without legal jurisdiction is referred to as a non-statutory body.

The duties and responsibilities of a non-statutory organisation are not clearly established or defined.

On the other hand, non-statutory organisations work to accomplish their own objectives, which may or may not be compatible with those of the legislation.

In essence, “non-statutory” is just another way to say “common law.” As a result, such groups are only established by executive resolution or action, suggesting that only government activity is involved in their establishment.

By passing new legislation or amending existing legislation, they can be made statutory bodies.

They are not governed by any government, have a less formal structure, and it is unclear what their responsibilities and powers are.

They are not governed by formal authorities, lack a clearly defined organisational structure, and lack established powers and authority.

For Example, NITI Aayog, National Development Council, and National Assessment and Accreditation Council (NAAC).

Difference Between Constitutional and Non-Constitutional Bodies

Check the difference between the constitutional and non-constitutional bodies in the table below:

Constitutional Bodies	Non-Constitutional Bodies
Established by the Constitution of India	Established by legislative acts/executive orders
Requires constitutional amendment	Does not require constitutional amendment
Election Commission, Comptroller and Auditor General (CAG), Union Public Service Commission (UPSC)	NHRC, CBI, SEBI, UGC
More stable and permanent	Can be modified or abolished more easily
Defines broad mandates by the Constitution	Defines specific mandates by law or orders
Directly accountable to the Constitution	Accountable to the government or Parliament

List of Non-Constitutional Bodies & Constitutional Bodies

Constitutional Bodies	Non-Constitutional Bodies
Election Commission UPSC SPSC Finance Commission Attorney General CAG National Commission for Scheduled Castes National Commission for Scheduled Tribes National Commission for Backward Classes Special Officer for Linguistic Minorities	NITI Aayog CBI CIC National Human Rights Commission RBI SEBI SIDBI NABARD TRAI National Green Tribunal Competition Commission of India National Housing Bank etc.

Important Non-Constitutional Bodies

In contrast to a constitutional body, a non-constitutional institution lacks the authority granted by the Indian constitution. A non-constitutional body often derives its authority from laws passed by the Indian Parliament. Some of the non-constitutional bodies are discussed below:

Important Non-Constitutional Bodies
Non-Constitutional Bodies	Details
National Human Rights Commission (NHRC)	The Protection of Human Rights Act of 1993 established the National Human Rights Commission as a statutory authority. The commission is responsible for monitoring the country’s human rights. The protection and promotion of “rights to life, liberty, equality, and dignity of the individual guaranteed by the Constitution or enshrined in the International Covenants”. Composition: It is a multi-membered body consisting of a chairman and five full-time members. Qualification: A person who has been the CJI or a Judge of SC can be a chairman. A member who is and has been a CJI or Judge of SC. A member who is and has been a Chief Justice of HC. Three members are appointed from individuals who have the ground knowledge of matters such as Human Rights and one of the three must be a woman. Appointment: The chairman and other members are appointed by President Term of Office: Chairman and Member holds office for 3 years or until attaining age of 70 years Initially, it was 5 years and 70 years of age but the Protection of Human Rights (Amendment) Bill 2019 brought these changes. Removal: Proved misbehaviour and incapacity Office of Profit Unsound Mind Insolvent Convict and Sentenced to Imprisonment. Function Inquire about violations of human rights. Review constitutional and legal safeguards for human rights protection Spread human rights literacy. Review factors including acts of terrorism
NITI Aayog	The Union Cabinet passed a resolution on January 1, 2015, creating the National Institution for Transforming India, or NITI Aayog. It is the top policy “Think Tank” of the Indian government, offering input on direction and policy. Organization: PM the ex-officio chairman Vice-Chairperson Three full-time members Four ex-officio Members Chief Executive officer Composition: PM as Chairman Governing Council – CM and Lt Governor/Administrator Regional Council Special Invitees Objective To build, with the active participation of States, a common vision of national development priorities, sectors, and strategies. To continuously promote cooperative federalism through organised support programmes and procedures with the States, acknowledging that powerful States lead to powerful nations. To create methods for creating reliable plans at the village level and gradually combining these at higher tiers of governance. To make sure that the interests of national security are taken into account in economic policy in the sectors that are particularly mentioned.

Conclusion

Non-constitutional bodies play an important role in Indian governance by addressing specific administrative, regulatory, and developmental needs. They offer flexibility that constitutional bodies may lack due to the complex process of amendments. These bodies help improve the efficiency, accountability, and transparency of government functions. For UPSC aspirants, understanding Non-Constitutional Bodies is crucial for the Prelims, Mains exams, and interviews, as it reflects a solid grasp of the country’s governance system.

Non-Constitutional Bodies UPSC

Not every institution that exists could be covered by the Constitution. Additionally, not all organisations need constitutional standing because it costs money to keep them operating and doing their duties. Since many institutions are ad hoc in nature, they might not need full constitutional standing in order to carry out their duties.

Non-Constitutional Bodies FAQs

Which is the non constitutional body of India UPSC?

National Human Rights Commission (NHRC), NITI Aayog, Telecom Regulatory Authority of India (TRAI) etc.

How many non constitutional bodies are there in India?

There are nine non-constitutional bodies in India. They are NITI Ayog, Lokpal and Lokayuktas, Central Bureau of Investigation, State Human right commission etc.

How are non constitutional bodies formed?

They are created by an Act of Parliament. These are also termed non-constitutional bodies that make rules & regulations and take decisions on behalf of the government.