Constitutional Bodies
Indian Polity · संवैधानिक निकाय
📋Quick Overview
Constitutional Bodies are institutions established directly by the Constitution of India. They derive their powers and functions from the Constitution itself. Key constitutional bodies include the Election Commission (Art 324), UPSC (Art 315–323), Finance Commission (Art 280), CAG (Art 148–151), Attorney General (Art 76), and various National Commissions for SC, ST, Women, Minorities, and Backward Classes. Each body has a specific Article, composition, and function — and these are among the most frequently asked topics in competitive exams.
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Constitutional Body = created by Constitution | Statutory Body = created by Parliament's law. Both are different!
📖Major Constitutional Bodies — Master Table
| Body | Article | Appointed By | Tenure | Key Function |
|---|---|---|---|---|
| Election Commission | 324 | President | 6 yrs or 65 age (whichever earlier) | Conducts free & fair elections to Parliament, State Legislatures, President, VP |
| UPSC | 315–323 | President | 6 yrs or 65 age (whichever earlier) | Conducts Civil Services exam (IAS, IPS, IFS), advises on recruitment & disciplinary matters |
| Finance Commission | 280 | President | As specified by President | Recommends distribution of taxes between Centre & States, Grants-in-Aid |
| CAG | 148–151 | President | 6 yrs or 65 age (whichever earlier) | Audits accounts of Centre & States. Reports to Parliament. 'Guardian of public purse' |
| Attorney General | 76 | President | No fixed tenure (pleasure of President) | Highest law officer of India, advises Government, appears in SC on behalf of Govt |
| National SC Commission | 338 | President | As specified | Safeguards interests of Scheduled Castes |
| National ST Commission | 338-A | President | As specified | Safeguards interests of Scheduled Tribes (separated from SC Commission by 89th Amd, 2003) |
| National BC Commission | 338-B | President | As specified | Safeguards interests of Backward Classes (102nd Amd, 2018) |
| Inter-State Council | 263 | President | Not fixed | Investigates disputes between states, advises on common interest matters. PM is Chairman |
📝Election Commission — Key Points
- •Art 324: Superintendence, direction & control of elections vested in Election Commission
- •Currently 3-member body: 1 CEC (Chief Election Commissioner) + 2 ECs
- •CEC can be removed only by Parliament (same as SC judge — proved misbehaviour). ECs removed by President on CEC's recommendation.
- •First CEC: Sukumar Sen (1950)
- •EC does NOT conduct Panchayat/Municipality elections — State Election Commission does
- •Model Code of Conduct is NOT a law — it is a set of guidelines issued by EC
📝CAG & Attorney General — Key Points
- •CAG (Art 148–151): Called 'Guardian of the Public Purse'. Reports to President (for Centre) and Governor (for States).
- •CAG removed same as SC judge (by President on Parliament's address with special majority)
- •First CAG: V. Narahari Rao (1948)
- •CAG's reports examined by Public Accounts Committee (PAC) in Parliament
- •Attorney General (Art 76): Highest law officer. Must have qualifications of SC judge. Can attend Parliament but CANNOT vote.
- •First Attorney General: M.C. Setalvad (1950)
- •AG can practice privately but CANNOT advise against Government
📝"First / Only" — Quick Facts
- •FIRST CEC → Sukumar Sen (conducted first general elections, 1951-52)
- •FIRST CAG → V. Narahari Rao
- •FIRST Attorney General → M.C. Setalvad
- •FIRST Finance Commission Chairman → K.C. Neogy (1951)
- •National Commission for Backward Classes given CONSTITUTIONAL status by 102nd Amendment (2018)
- •National Commission for STs separated from SCs by 89th Amendment (2003)
- •NHRC (National Human Rights Commission) is a STATUTORY body (not constitutional) — created by Act of Parliament 1993