Constitutional & Non-Constitutional Bodies

✈️ POA11 · Indian Polity · AFCAT GA AFCAT Level ★ Moderate Priority

📌 AFCAT Focus: Questions are direct and factual — highest scoring if you remember the Article numbers. Match: "ECI → Article 324", "CAG → Article 148", "NITI Aayog → NOT a constitutional body." The most common AFCAT question: "Which of these is NOT a constitutional body?"

1. Constitutional Bodies

Article 324

Election Commission of India (ECI)

Conducts elections to Parliament, State Legislatures, President, VP. CEC + 2 ECs. CEC removal = like SC judge. All 3 have equal powers.

Article 315

Union Public Service Commission (UPSC)

Conducts exams for All India Services and Central Services. Chairman + members appointed by President. Removal only on SC inquiry for proved misbehaviour.

Article 148

Comptroller & Auditor General (CAG)

"Guardian of Public Purse." Audits accounts of Union, States, govt companies. Appointed by President; removal = like SC judge. Reports to Parliament/Governor.

Article 280

Finance Commission

Recommends Centre-State tax distribution and grants-in-aid. Constituted every 5 years. Chairperson + 4 members appointed by President.

Article 76

Attorney General of India (AGI)

Highest law officer of India; chief legal adviser to Government. Appointed by President; holds office at President's pleasure. Right to speak in Parliament (not vote).

Article 338–338B

National Commissions

NC for SCs (Art 338); NC for STs (Art 338A); NC for Backward Classes (Art 338B — 102nd Amdt 2018). All heads appointed by President.

2. Non-Constitutional Bodies

📈 Key Statutory/Executive Bodies

NITI Aayog: Replaced Planning Commission (2015); executive order — no statutory or constitutional basis; PM is Chairperson; policy think tank
NHRC: National Human Rights Commission; under Protection of Human Rights Act 1993; Chairman = former CJI or SC judge
CIC: Central Information Commission; RTI Act 2005; hears appeals on information requests
CBI: Central Bureau of Investigation; under DSPE Act 1946; investigates corruption and major crimes
Lokpal: At Centre (Lokpal Act 2013); investigates corruption against PM, ministers, MPs, Group A officers

⚠ Constitutional vs Non-Constitutional — AFCAT Trap

Constitutional Bodies: ECI, UPSC, CAG, Finance Commission, AG — cannot be abolished without Constitutional Amendment
Statutory Bodies: NHRC, CIC, CBI, Lokpal — created by ordinary law; can be changed by ordinary law
Executive Bodies: NITI Aayog — created by executive resolution; no statutory or constitutional basis; can be dissolved by executive decision
AFCAT pattern: "Which is NOT a constitutional body?" → NITI Aayog, NHRC, CBI are NOT constitutional bodies

📝 AFCAT PYQ Practice — POA11

Q1. The Election Commission of India is established under which Article of the Constitution? AFCAT PYQ

(a) Article 148(b) Article 280(c) Article 315(d) Article 324

✔ Answer: (d) Article 324

Article 324 establishes the Election Commission of India. Art 148 = CAG; Art 280 = Finance Commission; Art 315 = UPSC. The ECI is a constitutional body — it cannot be abolished without amending the Constitution. The Chief Election Commissioner can only be removed in the same manner as a Supreme Court judge.

Q2. Which of the following is NOT a constitutional body? AFCAT PYQ

(a) Election Commission of India(b) NITI Aayog(c) UPSC(d) Finance Commission

✔ Answer: (b) NITI Aayog

NITI Aayog is NOT a constitutional body — it was established in 2015 by an executive order (resolution of Union Cabinet), replacing the Planning Commission. It has no constitutional or statutory basis and can be dissolved by a simple executive decision. ECI (Art 324), UPSC (Art 315), and Finance Commission (Art 280) are all constitutional bodies.

Q3. Who is described as the "Guardian of the Public Purse"? AFCAT PYQ

(a) Finance Minister(b) RBI Governor(c) Comptroller and Auditor General(d) Attorney General of India

✔ Answer: (c) Comptroller and Auditor General (CAG)

The Comptroller and Auditor General (CAG) of India is described as the "Guardian of the Public Purse." The CAG, under Article 148, audits accounts of the Union, States, and government-owned corporations and reports to Parliament/State Legislature. The CAG is appointed by the President and can be removed only like a Supreme Court judge.

📋 Quick Reference — POA11

⚖ Constitutional Bodies

ECI: Art 324 — elections
UPSC: Art 315 — civil services
CAG: Art 148 — audit ("Guardian of Public Purse")
Finance Commission: Art 280
AG India: Art 76 — law officer

⚖ Non-Constitutional

NITI Aayog: Executive order (2015)
NHRC: Protection of HR Act 1993
CIC: RTI Act 2005
CBI: DSPE Act 1946
Lokpal: Lokpal Act 2013

👥 All Appointed By President

CEC + Election Commissioners
UPSC Chairman + Members
CAG of India
Finance Commission (Chair + 4)
Attorney General of India

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