Constitutional & Non-Constitutional Bodies

⚖ PON11 · Indian Polity · NDA GAT NDA Level ★ Moderate Priority

📌 NDA Focus: Questions are direct and factual — match body to Article, or identify which body is constitutional vs statutory. Election Commission, UPSC, CAG, Finance Commission, Attorney General are high-yield. NDA often asks the specific article and appointment authority.

1. Constitutional Bodies (Derived from the Constitution)

Article 324–329

Election Commission of India

Conducts elections to Parliament, State Legislatures, President, VP. CEC + 2 Election Commissioners (equal powers). CEC: removal like SC judge (difficult). ECs: removed on CEC's recommendation.

Article 315–323

Union Public Service Commission (UPSC)

Conducts exams for All India Services and Central Services. Chairman + members appointed by President. Removal: only on Supreme Court inquiry for proved misbehaviour. Autonomous body.

Article 148

Comptroller & Auditor General (CAG)

"Guardian of Public Purse." Audits accounts of Union, States, and government companies. Appointed by President; removal = like SC judge. Reports to Parliament/State Legislature. Not a member of cabinet.

Article 280

Finance Commission

Recommends distribution of taxes between Centre and States; grants to states. Constituted every 5 years. Chairperson + 4 members appointed by President. 16th Finance Commission currently.

Article 76

Attorney General of India

Highest law officer of India; chief legal adviser to Government. Appointed by President; holds office during President's pleasure. Right to speak in both houses of Parliament (not vote). Not a cabinet member.

Article 338–338B

National Commissions (SC/ST/OBC)

National Commission for SCs (Art 338); STs (Art 338A); Backward Classes (Art 338B, 102nd Amdt 2018). Each: Chairperson + Vice-Chairperson + 3 members appointed by President.

2. Non-Constitutional Bodies (Statutory/Executive)

📈 Key Statutory Bodies

NITI Aayog — replaced Planning Commission (2015); policy think tank; PM as Chairperson; NOT a constitutional body; no statutory status
National Human Rights Commission (NHRC) — under Protection of Human Rights Act 1993; Chairman = former CJI or SC judge
Central Information Commission (CIC) — RTI Act 2005; hears appeals on information requests
CBI — Central Bureau of Investigation; under DSPE Act 1946; investigates corruption, major crimes
Lokpal (Centre) and Lokayukta (State) — Lokpal and Lokayuktas Act 2013; investigate corruption

⚠ Constitutional vs Non-Constitutional — NDA Trap

Constitutional Bodies: ECI, UPSC, CAG, Finance Commission, Attorney General — cannot be abolished without Constitutional Amendment
Statutory Bodies: NHRC, CIC, CBI — created by Parliament's ordinary laws; can be changed by ordinary law
Executive Bodies: NITI Aayog — created by executive resolution; no statutory or constitutional basis
NDA often asks: "Which of the following is a constitutional body?" — eliminate NITI Aayog, NHRC, CBI

📝 NDA PYQ Practice — PON11

Q1. Which Article of the Constitution establishes the Election Commission of India? NDA PYQ

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

✔ Answer: (c) Article 324

Article 324 establishes the Election Commission of India and vests in it the superintendence, direction, and control of elections. Art 280 = Finance Commission; Art 315 = UPSC; Art 148 = CAG. The ECI is a constitutional body — meaning it derives its authority directly from the Constitution and cannot be abolished without a constitutional amendment. The CEC can only be removed in the same manner as a Supreme Court judge.

Q2. The Comptroller and Auditor General of India is appointed by: NDA PYQ

(a) Prime Minister(b) Finance Minister (c) President of India(d) Parliament

✔ Answer: (c) President of India

The Comptroller and Auditor General (CAG) of India is appointed by the President of India under Article 148. The CAG audits accounts of the Union, states, and government-owned corporations and reports to the President (Union) or Governor (State). The CAG can be removed only by the President on address of Parliament (like a Supreme Court judge). The CAG is described as the "guardian of the public purse."

📋 Quick Reference — PON11

⚖ Constitutional Bodies

ECI: Art 324; PM cannot interfere
UPSC: Art 315; exams for services
CAG: Art 148; audits public accounts
Finance Commission: Art 280; every 5 years
AG: Art 76; legal adviser to govt

⚖ Non-Constitutional

NITI Aayog: executive body, no statute
NHRC: Protection of HR Act 1993
CIC: RTI Act 2005
CBI: DSPE Act 1946
Lokpal: Lokpal Act 2013

⚖ Appointments

All constitutional body heads: appointed by President
AG: holds office at pleasure of President
CEC: removal = like SC judge (difficult)
CAG: removal = like SC judge

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