In India, there are multiple institutions where governance is carried out that operate under distinct legal provisions. Among these, Constitutional and statutory bodies are central to the administration and regulation of Indian governance. While both are crucial for state functioning, they differ in their origins, powers, and responsibilities. Understanding the difference between the Constitutional Body and Statutory Body helps in understanding how the structure of governance works, its contribution to effective regulation and its public administration.
What is a Constitutional Body?
A constitutional body is referred to as an entity whose origin, for creation, powers, functions and working are directly evolved from the provisions of the Constitution of India. These bodies are specifically referred to in the Constitution, the powers, their roles and their responsibilities, duties within it. The nature of Constitutional Bodies is permanent, and if any changes or modifications are required, then it has to be made through constitutional amendments, which is a complex and arduous process.
What are the features of the Constitutional Body?
Some essential features of the Constitutional Body are given below in the table:
| Feature | Description |
| Establishment | Formed directly by the Constitution itself. |
| Permanence | Not an easy job to dissolve them. Their functions can be changed only through amendments to the Constitution. |
| Autonomy | These bodies enjoy a higher degree of autonomy since they are protected through constitutional provisions. |
| Importance | Their functioning is necessary for the proper functioning of a democracy and its administration. |
Example of Constitutional Bodies
1. Election Commission of India: ECI was established under Article 324 of the Constitution, for conducting elections of the President, Vice-President, Parliament and the State Legislature.
2. Comptroller and Auditor General of India (CAG): CAG was created under Article 148 for auditing the revenue and expenditure of the Government of India.
3. Union Public Service Commission (UPSC): UPSC was established under Article 315 for conducting the examination of Civil Service for their appointment.
4. Finance Commission: It was established under Article 280 to specify the distribution process of financial resources between the Union & States.
Also Read: List of Constitutional and Non-Constitutional Bodies in India
What is a Statutory Body?
A Statutory Body is an institution which is set up either by a passing act of Parliament or by a State Legislature. Unlike the Constitutional Bodies, its powers, functions are not directly derived from the Constitution but rather through a special law passed by the legislative body. The authority of such a statutory body entirely depends on the existence of legislation that has created it, and it may be modified and abolished in any circumstances.
What are the features of the Statutory Body?
Some essential features of the Statutory Body are given below in the table:
| Feature | Description |
| Established | By a statute of the Parliament or the state legislatures. |
| Flexibility | It can be altered or dissolved by an amendment to the enabling statute. |
| Area of Operation | Generally has an authority more confined and specialised than constitutional bodies. |
| Control | It may be subject to government control to some extent, depending on the enabling legislation. |
Example of Statutory Bodies
1. National Human Rights Commission (NHRC): It was established under the Protection of Human Rights Act, 1993. NHRC is responsible for protecting and ensuring safeguards to human rights across India.
2. Reserve Bank of India (RBI): It was established under the Reserve Bank of India Act, 1934, which is India’s Central Bank and is entrusted with the responsibility for formulating and regulating India’s monetary policy.
3. Securities and Exchange Board of India (SEBI): It was established under the SEBI Act, 1992, and this body is concerned with the securities market in India.
4. University Grants Commission (UGC): It was set up under the UGC Act in 1956, and it supervises and regulates the standardisation of higher education.
Difference Between Statutory Body & Constitutional Body
| Differences | Constitutional Bodies | Statutory Bodies |
| Origin | Constitutioal Bodies are directly established by the Constitution of India under specific articles. | It is created through an Act of Parliament or the state legislature. |
| Permanence | It is permanent in nature; for the changes, it requires a constitutional amendment. | It is Flexible; it can be modified, restructured, or dissolved through ordinary legislation. |
| Autonomy | It is highly autonomous and protected by the Constitution from political interference. | The level of autonomy depends on the law creating them; the government can amend their powers. |
| Significance | It perform fundamental state functions like elections, audits, and recruitment. | It serve specific purposes like regulating markets, human rights, or education. |
| Examples | Many examples of constitutional bodies like the Election Commission, UPSC, CAG, and the Finance Commission. | RBI, SEBI, UGC, NHRC. |
| Amendment Process | It always requires a constitutional amendment (complex and time-consuming). | It requires a simple legislative amendment (relatively easier), and it does not require any constitutional amendments |
| Appointments | It is consultative and transparent, which involves high constitutional authorities. | Usually done by the government or concerned ministries, it is less elaborate. |
| Field of Powers | Broad, core functions of the state (elections, finances, recruitment). | It has a narrow, sector-specific focus (finance, human rights, education, etc.). |
| Control | It is protected from direct government control by the Constitution. | It is subject to government oversight as per the enabling Act. |
| Role in Governance | Safeguard democratic processes and the accountability of the government. | It only addresses specific administrative/regulatory needs. |
| Accountability | It ensures accountability to the Constitution of India and Parliament, and it is subject to judicial review. | This body is only accountable to Parliament/state legislature and government, depending on the statute. |
Conclusion
Constitutional and Statutory bodies are often differ in their origin, scope and their authority but their governance for managing is same. As Constitutional bodies are independence, their strength and its permanence play role in functioning of the democracy of India, while Statutory bodies are established soley for a specific and sectoral purpose and it can be amend or abolished at any time with any constitutional role, as constitutional bodies requires.
Both types are integral to India's governance. However, constitutional bodies are more in permanent and independent in nature due to their establishent through Constitutional, while statutory bodies are more felxibe and specific subjected to legislate lternatives.
These difference are very important to understand about their origin, scope, working and how theft are diverse in legal system and administrative frameworks that underpin the complexities of India's governance system.
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