Bodies created by law
A statutory body is one created by an Act of Parliament or a state legislature.
It is not mentioned in the Constitution. It exists because a law says it should, and it can be changed or abolished by another law passed with a simple majority.
That makes it easier to create than a constitutional body — and easier to weaken. A government that finds a statutory body inconvenient needs only ordinary legislation to alter its powers.
| Type | Created by | Removed by | Example |
|---|---|---|---|
| Constitutional | The Constitution itself | Constitutional amendment | Election Commission, CAG, UPSC |
| Statutory | An Act of the legislature | Ordinary law | NHRC, CBI, CVC, Lokpal |
| Executive | A Cabinet resolution | Another resolution | NITI Aayog, the former Planning Commission |
| Regulatory | Usually an Act, with rule-making power | The parent Act | SEBI, RBI, TRAI, IRDAI |
The word quasi-judicial describes bodies that can hold hearings and pass binding orders like a court, without being one. The NGT, SEBI and the Competition Commission all work this way.
National Human Rights Commission
Created by the Protection of Human Rights Act, 1993, the NHRC inquires into violations of human rights by public servants, or into negligence in preventing them.
| Detail | |
|---|---|
| Chairman | A retired Chief Justice of India, or a retired Supreme Court judge |
| Appointed by | The President, on the recommendation of a six-member committee headed by the Prime Minister |
| Tenure | Three years or age 70, whichever is earlier |
| Powers | Has the powers of a civil court; can summon witnesses and require documents |
| Limitation | Its recommendations are advisory, not binding |
| Time limit | Cannot inquire into a matter more than one year after it occurred |
The NHRC has restricted jurisdiction over the armed forces. It can only seek a report from the central government, make recommendations on it, and must be told what action was taken — it cannot investigate directly. This is the most criticised limitation on the body.
The NHRC was set up on the model recommended by the Paris Principles, adopted by the UN General Assembly in 1993 — the same year the Indian Act was passed.
Central Bureau of Investigation
The CBI is India's main investigating agency, and its legal basis is unusual — it rests on the Delhi Special Police Establishment Act, 1946, a law passed before independence to investigate wartime corruption.
Because the CBI derives its powers from a Delhi police law, it needs the consent of a state government to investigate within that state. Several states have withdrawn general consent, meaning the CBI must seek permission case by case. This is a live constitutional issue and appears in current affairs regularly.
| Detail | |
|---|---|
| Founding law | Delhi Special Police Establishment Act, 1946 |
| Established as CBI | By a Home Ministry resolution in 1963 |
| Director appointed by | A committee of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India or a judge he nominates |
| Director's tenure | Two years minimum, fixed by the Supreme Court in the Vineet Narain case |
| Supervised by | The Central Vigilance Commission in corruption cases; the Department of Personnel otherwise |
The Supreme Court once described the CBI as a caged parrot speaking in its master's voice, in a 2013 observation about political interference in its functioning.
Central Vigilance Commission
The CVC is the apex body for tackling corruption in central government. It was created on the recommendation of the Santhanam Committee in 1964 — as an executive body, by government resolution.
It became statutory only in 2003, through the CVC Act, after the Supreme Court in Vineet Narain (1997) directed that it be given statutory status to secure its independence.
| Detail | |
|---|---|
| Composition | A Central Vigilance Commissioner and up to two Vigilance Commissioners |
| Appointed by | The President, on the recommendation of a committee of the Prime Minister, Home Minister and Leader of the Opposition |
| Tenure | Four years or age 65, whichever is earlier |
| Removal | By the President, on a Supreme Court inquiry finding misbehaviour |
| Role | Supervises the CBI in corruption cases and advises central government organisations on vigilance |
Santhanam recommended it in 1964. Vineet Narain forced its statutory status in 1997. The Act came in 2003. Three dates, one body.
Lokpal and Lokayukta
The Lokpal and Lokayuktas Act, 2013 created an anti-corruption ombudsman for the Union, and required every state to create a Lokayukta for itself.
| Detail | |
|---|---|
| Composition | A Chairperson and up to eight members, of whom at least half must be judicial members |
| Reservation | At least half the members must be from SC, ST, OBC, minorities or women |
| Chairperson | A former Chief Justice of India, a former Supreme Court judge, or an eminent person |
| Selection committee | The Prime Minister, Speaker of the Lok Sabha, Leader of the Opposition, Chief Justice of India and one eminent jurist |
| Tenure | Five years or age 70, whichever is earlier |
| Jurisdiction | Covers the Prime Minister, ministers, MPs and central government employees — with safeguards for the PM |
The idea came from the Administrative Reforms Commission of 1966, which recommended a Lokpal at the Centre and Lokayuktas in the states. The law took forty-seven years to arrive. Maharashtra was the first state to establish a Lokayukta, in 1971.
The Lokpal can inquire into allegations against the Prime Minister — but not on matters of international relations, security, public order, atomic energy or space. Any such inquiry needs approval from a full bench of the Lokpal with at least a two-thirds majority, and must be held in camera.
Other bodies worth knowing
| Body | Created by | Year | Role |
|---|---|---|---|
| Securities and Exchange Board of India | SEBI Act | 1992 | Regulates the securities market; statutory since 1992, existed from 1988 |
| National Green Tribunal | NGT Act | 2010 | Hears environmental cases; India was the third country to set up such a body |
| National Commission for Women | NCW Act | 1990 | Reviews laws affecting women and inquires into complaints |
| Competition Commission of India | Competition Act | 2002 | Prevents anti-competitive practices; replaced the MRTP Commission |
| Reserve Bank of India | RBI Act | 1934 | The central bank; nationalised in 1949 |
| National Investigation Agency | NIA Act | 2008 | Investigates terrorism cases; created after the Mumbai attacks |
| Central Information Commission | Right to Information Act | 2005 | Hears appeals under the RTI Act |
Is the CBI a statutory body, and what is its founding law?
Yes. It derives its powers from the Delhi Special Police Establishment Act of 1946, and was constituted as the CBI by a Home Ministry resolution in 1963.
Everything on one look
The main statutory bodies, their Acts, and the dates that get asked.
- NHRC — Protection of Human Rights Act, 1993
- CBI — Delhi Special Police Establishment Act, 1946
- CVC — executive in 1964, statutory in 2003
- Lokpal — Lokpal and Lokayuktas Act, 2013
- SEBI — SEBI Act, 1992
- NGT — National Green Tribunal Act, 2010
- NCW — National Commission for Women Act, 1990
- NIA — National Investigation Agency Act, 2008
- The NHRC chairman is a retired Chief Justice of India
- NHRC recommendations are advisory, not binding
- The NHRC cannot inquire into matters over a year old
- The CBI needs state consent to investigate in a state
- Vineet Narain (1997) forced statutory status for the CVC
- Maharashtra created the first Lokayukta in 1971
- The Lokpal can inquire into the Prime Minister, with safeguards
- The CBI is statutory, not constitutional, and rests on a 1946 law meant for Delhi
- The CBI needs state consent, and several states have withdrawn general consent
- The CVC was executive from 1964 and became statutory only in 2003
- Vineet Narain (1997) is the case that led to the CVC Act
- NHRC recommendations are advisory and cannot be enforced
- The NHRC cannot directly investigate the armed forces
- The NHRC cannot take up a matter more than one year old
- The Lokpal idea came from the ARC in 1966 but the law arrived only in 2013
- Maharashtra was the first state to create a Lokayukta, in 1971
- NITI Aayog is executive, not statutory — it came from a Cabinet resolution
- A statutory body is created by an Act of Parliament or a state legislature
- A statutory body can be abolished by ordinary law with a simple majority
- The NHRC was created by the Protection of Human Rights Act, 1993
- The NHRC chairman is a retired Chief Justice of India or Supreme Court judge
- NHRC recommendations are advisory and not binding on the government
- The NHRC cannot inquire into a matter more than one year old
- The NHRC has only limited jurisdiction over the armed forces
- The CBI derives its powers from the Delhi Special Police Establishment Act, 1946
- The CBI was constituted by a Home Ministry resolution in 1963
- The CBI needs the consent of a state government to investigate within that state
- The CBI Director has a minimum tenure of two years, fixed in the Vineet Narain case
- The CVC was set up in 1964 on the recommendation of the Santhanam Committee
- The CVC became a statutory body in 2003, after the Vineet Narain judgment
- The CVC supervises the CBI in corruption cases
- The Lokpal and Lokayuktas Act was passed in 2013
- The Lokpal has a chairperson and up to eight members, at least half of them judicial
- The Lokpal can inquire into the Prime Minister, subject to safeguards
- Maharashtra was the first state to establish a Lokayukta, in 1971
- SEBI became a statutory body in 1992, having existed since 1988
- The National Green Tribunal was created in 2010, making India the third country with such a body
- The National Investigation Agency was created in 2008 after the Mumbai attacks
- The Central Information Commission was created by the Right to Information Act, 2005