Module 39. Constitutional, Statutory, Non-statutory and Quasi-judicial Bodies

India’s governance system is supported by a wide range of institutions created to maintain checks and balances, ensure accountability, and uphold constitutional principles. These institutions are classified as Constitutional, Statutory, Non-statutory (Executive), and Quasi-judicial bodies, depending on their origin, powers, and functions. Each category serves a distinct purpose in maintaining administrative efficiency, promoting justice, and protecting citizens’ rights within the framework of the Constitution.

Constitutional Bodies

Constitutional bodies are institutions explicitly established by the Constitution of India. Their powers, functions, and structure are defined in the constitutional text itself, and they can only be modified through a constitutional amendment under Article 368. These bodies are independent and play a pivotal role in upholding the democratic framework of governance.
Major Constitutional Bodies include:

• Election Commission of India (Articles 324–329): Conducts free and fair elections to Parliament, State Legislatures, and the offices of the President and Vice-President. It ensures the integrity of the electoral process.
• Union Public Service Commission (Articles 315–323): Responsible for recruitment to the All India Services and Central Services through examinations and interviews.
• State Public Service Commissions (Articles 315–323): Conduct similar functions for state services.
• Comptroller and Auditor General of India (Articles 148–151): Audits accounts of the Union and States, ensuring financial accountability of the executive to the legislature.
• Finance Commission (Article 280): Recommends the distribution of financial resources between the Union and the States.
• National Commission for Scheduled Castes (Article 338) and National Commission for Scheduled Tribes (Article 338A): Safeguard the rights and interests of SCs and STs respectively.
• Attorney General of India (Article 76): Chief legal advisor to the Government of India.
• Advocate General of a State (Article 165): Legal advisor to the State Government.
• Goods and Services Tax (GST) Council (Article 279A): Determines policies regarding the GST framework and rates across the country.
• Election and Finance-related Bodies: Including bodies such as the Consolidated Fund of India and Public Accounts Committee, which function under constitutional provisions.

These bodies enjoy autonomy, and their removal or alteration requires constitutional safeguards to prevent executive overreach.

Statutory Bodies

Statutory bodies are created by an Act of Parliament or State Legislature. Their powers, structure, and jurisdiction are defined in the statute under which they are constituted. Unlike constitutional bodies, these can be modified or dissolved through ordinary legislation.
Examples of Important Statutory Bodies:

• National Human Rights Commission (NHRC): Established under the Protection of Human Rights Act, 1993, to safeguard and promote human rights in India.
• Central Vigilance Commission (CVC): Created under the CVC Act, 2003, to address corruption and maintain integrity in public administration.
• Central Information Commission (CIC): Formed under the Right to Information Act, 2005, ensuring transparency in governance and access to public information.
• National Commission for Women (NCW): Constituted under the National Commission for Women Act, 1990, to protect and promote women’s rights.
• National Green Tribunal (NGT): Established under the National Green Tribunal Act, 2010, for effective and expeditious disposal of cases related to environmental protection.
• Competition Commission of India (CCI): Formed under the Competition Act, 2002, to prevent anti-competitive practices and ensure market fairness.
• National Commission for Minorities (NCM): Set up under the National Commission for Minorities Act, 1992, to protect the interests of minority communities.
• Securities and Exchange Board of India (SEBI): Established under the SEBI Act, 1992, to regulate the securities market and protect investor interests.
• National Disaster Management Authority (NDMA): Created under the Disaster Management Act, 2005, to coordinate responses to disasters and promote resilience.

Statutory bodies thus fill the gap between executive agencies and constitutional authorities, providing specialised oversight in critical domains such as environment, finance, and human rights.

Non-statutory (Executive) Bodies

Non-statutory or Executive bodies are established through executive orders or government resolutions, not by statute or constitutional provision. These bodies are created by the government to advise, coordinate, or implement specific policies. Their powers are not legally binding but administrative in nature, and they operate under the executive’s control.
Prominent Examples:

• NITI Aayog (National Institution for Transforming India): Formed in 2015 through an executive resolution, replacing the Planning Commission (1950). It acts as a policy think tank of the Government of India, promoting cooperative and competitive federalism.
• National Development Council (NDC): Created by executive order in 1952 to approve plans and assess progress, though its role diminished after the creation of NITI Aayog.
• Economic Advisory Council to the Prime Minister (EAC-PM): Advises the Prime Minister on economic issues.
• National Ganga Council: Constituted under executive order to oversee the Namami Gange programme.
• Cabinet Committees: Such as the Cabinet Committee on Security (CCS) or Cabinet Committee on Economic Affairs (CCEA), formed through executive authority for policy coordination.

These bodies are flexible and can be restructured or dissolved as per administrative requirements without legislative approval.

Quasi-judicial Bodies

Quasi-judicial bodies are institutions that have powers resembling those of a court of law but are not part of the traditional judicial hierarchy. They are empowered to adjudicate specific disputes, interpret laws, and make decisions with legal consequences. Their role is to deliver justice in specialised fields without the formality of regular courts, thus reducing the judicial burden.
Characteristics:

• Can summon witnesses and require evidence.
• Decisions are legally binding but subject to appeal in higher courts.
• Operate under the principles of natural justice and impartiality.

Examples of Quasi-judicial Bodies:

• National Green Tribunal (NGT): Adjudicates environmental disputes with binding decisions.
• Central Administrative Tribunal (CAT): Established under the Administrative Tribunals Act, 1985, to resolve disputes relating to public service employment.
• Competition Commission of India (CCI): Has adjudicatory powers to impose penalties for anti-competitive practices.
• Securities Appellate Tribunal (SAT): Hears appeals against SEBI decisions.
• Income Tax Appellate Tribunal (ITAT): Deals with appeals related to income tax matters.
• National Company Law Tribunal (NCLT): Adjudicates matters related to company law, including insolvency proceedings under the Insolvency and Bankruptcy Code (IBC), 2016).
• Telecom Disputes Settlement and Appellate Tribunal (TDSAT): Resolves disputes among telecom service providers and regulatory authorities.

These bodies combine administrative expertise with judicial procedure, ensuring expeditious justice and efficient redressal in technical and regulatory matters.

Distinction among the Four Categories

Importance of Institutional Classification

The classification of these bodies ensures the separation of powers and functional specialisation in governance. Constitutional and statutory bodies maintain accountability and uphold citizens’ rights; non-statutory bodies enhance administrative flexibility; and quasi-judicial institutions facilitate specialised justice delivery. Together, they form the backbone of India’s administrative and regulatory framework, balancing democracy, efficiency, and justice within the constitutional order.