Why some bodies are in the Constitution
Some institutions are created by an ordinary law. Others are written into the Constitution itself. The difference decides how easily they can be abolished.
A body created by ordinary law can be shut down by another ordinary law — a simple majority in Parliament is enough. A body written into the Constitution can only be removed by a constitutional amendment, which needs a special majority and sometimes state ratification.
The framers put certain bodies beyond easy reach on purpose. An Election Commission that a government could abolish would be no safeguard. A national auditor that reports to the government it audits would be pointless.
| Constitutional body | Statutory body | |
|---|---|---|
| Created by | The Constitution itself | An Act of Parliament |
| Abolished by | Constitutional amendment | Ordinary law, simple majority |
| Examples | Election Commission, UPSC, CAG, Finance Commission | NHRC, CBI, CVC, Lokpal, NITI Aayog |
NITI Aayog is neither. It was created by a Cabinet resolution in 2015, replacing the Planning Commission, which was also created by a Cabinet resolution in 1950. Both are executive bodies — neither constitutional nor statutory.
Election Commission of India
Article 324 creates the Election Commission and gives it the power to superintend, direct and control elections to Parliament, state legislatures, and the offices of President and Vice-President.
| Detail | |
|---|---|
| Composition | The Chief Election Commissioner and such other Commissioners as the President fixes — currently three in all |
| Appointed by | The President |
| Tenure | Six years or age 65, whichever is earlier |
| Removal of CEC | Same manner and grounds as a Supreme Court judge — by parliamentary address |
| Removal of other ECs | By the President on the CEC's recommendation — a weaker protection |
The Election Commission does not conduct panchayat and municipal elections. Those belong to the State Election Commission under Article 243K, which is an entirely separate body appointed by the Governor.
The Commission was a single-member body until 1989, briefly became three-member, reverted, and has been three-member since 1993. All three Commissioners have equal decision-making power, and disagreements are settled by majority.
Union Public Service Commission
Article 315 creates the UPSC for the Union and a Public Service Commission for each state. The UPSC conducts examinations for appointment to the all-India and central services.
| Detail | |
|---|---|
| Composition | A Chairman and members — the number is not fixed by the Constitution; the President decides |
| Appointed by | The President |
| Tenure | Six years or age 65, whichever is earlier |
| Removal | By the President, but only on a Supreme Court inquiry finding misbehaviour |
| Reports to | Submits an annual report to the President, who lays it before Parliament |
A UPSC member is barred from further government employment after leaving. The Chairman cannot take any other government job at all. A member may become Chairman of the UPSC or of a State PSC, but nothing else. This is designed to keep the body free from the hope of favour.
Article 320 lists what the UPSC must be consulted on — recruitment methods, promotions, transfers, and disciplinary matters. But its advice is not binding on the government.
Comptroller and Auditor General
Article 148 creates the CAG, who audits all accounts of the Union and the states. Ambedkar called it the most important officer under the Constitution.
| Detail | |
|---|---|
| Appointed by | The President |
| Tenure | Six years or age 65, whichever is earlier |
| Removal | Same manner as a Supreme Court judge — by parliamentary address on proved misbehaviour or incapacity |
| Salary charged to | The Consolidated Fund of India — not voted on by Parliament |
| Reports to | Submits reports to the President, who lays them before Parliament |
| After office | Barred from any further government post |
CAG reports go to the Public Accounts Committee of Parliament, which examines them. The CAG audits after the money is spent, not before — so it cannot stop expenditure, only expose it. The office is often described as the friend, philosopher and guide of the Public Accounts Committee.
The CAG audits the receipts and expenditure of the Union, the states, and all bodies substantially financed from government revenue — but audits government companies only in a limited way, since they fall under the Companies Act.
The other constitutional bodies
| Body | Article | Role |
|---|---|---|
| Attorney General of India | 76 | The government's chief legal adviser; appointed by the President; holds office during the President's pleasure; has the right of audience in all courts and may take part in Parliament without voting |
| Advocate General of a State | 165 | The state equivalent of the Attorney General |
| Finance Commission | 280 | Appointed every five years to recommend the sharing of central taxes with the states |
| National Commission for SCs | 338 | Investigates and monitors safeguards for Scheduled Castes |
| National Commission for STs | 338A | Same for Scheduled Tribes; created by the 89th Amendment, 2003, by splitting the earlier joint commission |
| National Commission for Backward Classes | 338B | Given constitutional status by the 102nd Amendment, 2018 — it had been statutory before |
| Special Officer for Linguistic Minorities | 350B | Investigates matters relating to linguistic minorities |
| GST Council | 279A | Recommends GST rates and rules; created by the 101st Amendment, 2016 |
The NCBC became a constitutional body only in 2018. Before the 102nd Amendment it was a statutory body created under a 1993 Act. This is the most recent addition to the list of constitutional bodies and is asked frequently.
Which constitutional body was most recently given that status, and by which amendment?
The National Commission for Backward Classes, by the 102nd Amendment in 2018. It had previously been a statutory body under an Act of 1993.
Statutory bodies for comparison
Created by law, not by the Constitution — a distinction that gets tested.
| Body | Created by | Year |
|---|---|---|
| National Human Rights Commission | Protection of Human Rights Act | 1993 |
| Central Bureau of Investigation | Delhi Special Police Establishment Act | 1946 |
| Central Vigilance Commission | CVC Act (statutory since 2003) | 1964 / 2003 |
| Lokpal | Lokpal and Lokayuktas Act | 2013 |
| National Green Tribunal | National Green Tribunal Act | 2010 |
| Securities and Exchange Board of India | SEBI Act | 1992 |
If you can find it in the Constitution, it is constitutional. If it needed an Act, it is statutory. If it came from a Cabinet resolution — NITI Aayog — it is neither.
Everything on one look
The bodies, their articles, and the tenure and removal rules.
- Article 76 — Attorney General of India
- Article 148 — Comptroller and Auditor General
- Article 165 — Advocate General of a State
- Article 280 — Finance Commission
- Article 315 — Union and State Public Service Commissions
- Article 324 — Election Commission of India
- Article 338 — National Commission for Scheduled Castes
- Article 338A — National Commission for Scheduled Tribes
- Article 338B — National Commission for Backward Classes
- CEC — 6 years or 65; removed like a Supreme Court judge
- Other Election Commissioners — removed on the CEC's recommendation
- UPSC members — 6 years or 65; removed after a Supreme Court inquiry
- CAG — 6 years or 65; removed like a Supreme Court judge
- CAG and UPSC Chairman are barred from further government employment
- Finance Commission — appointed every five years
- NITI Aayog is neither constitutional nor statutory
- NITI Aayog is not a constitutional body — it was created by a Cabinet resolution in 2015
- The Planning Commission was also non-statutory, created by Cabinet resolution in 1950
- The NHRC, CBI, CVC and Lokpal are statutory, not constitutional
- The NCBC became constitutional only in 2018, through the 102nd Amendment
- The Election Commission does not conduct panchayat elections — the State Election Commission does
- Other Election Commissioners have weaker protection than the CEC, being removable on his recommendation
- The UPSC's advice is not binding on the government
- The CAG audits after money is spent, so it can expose but not prevent expenditure
- The CAG's salary is charged to the Consolidated Fund and is not voted on by Parliament
- The Attorney General is not a member of the Cabinet, though he may speak in Parliament
- A constitutional body is created by the Constitution and can be abolished only by amendment
- A statutory body is created by an Act of Parliament and can be abolished by ordinary law
- NITI Aayog is neither — it was created by a Cabinet resolution in 2015
- Article 324 creates the Election Commission of India
- The Election Commission has been a three-member body since 1993
- The Chief Election Commissioner is removed like a Supreme Court judge
- Other Election Commissioners can be removed on the CEC's recommendation
- The Election Commission does not conduct local body elections
- Article 315 creates the Union Public Service Commission
- UPSC members serve six years or until the age of 65, whichever is earlier
- A UPSC member can be removed only after a Supreme Court inquiry
- The UPSC's advice to the government is not binding
- Article 148 creates the Comptroller and Auditor General
- Ambedkar called the CAG the most important officer under the Constitution
- The CAG's salary is charged to the Consolidated Fund of India
- The CAG is barred from any further government post after leaving office
- CAG reports are examined by the Public Accounts Committee of Parliament
- Article 76 provides for the Attorney General of India
- The Attorney General has the right of audience in all courts in India
- Article 280 provides for a Finance Commission every five years
- Article 338A created the National Commission for Scheduled Tribes in 2003
- The National Commission for Backward Classes became constitutional in 2018 through the 102nd Amendment