Jun 28, 2025
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mins read
Constitutional bodies in India are institutions established by the Constitution to uphold democratic governance, federal balance, and the rule of law They derive their authority directly from constitutional provisions and perform critical functions to keep governance fair, transparent, and accountable. Key examples include the Election Commission (ECI), Finance Commission (FC), Union Public Service Commission (UPSC), and Comptroller and Auditor General (CAG). For instance, the ECI conducts free and fair elections – the cornerstone of democracy – while the UPSC ensures merit-based recruitment in civil services. The Finance Commission allocates tax revenues between the Centre and states, and National Commissions safeguard the rights of marginalized communities. Overall, constitutional bodies are vital “for the smooth functioning of democracy” in India, acting as guardians of the Constitution and protectors of citizens’ rights.
Amendment Requirement for Structural Changes: Any structural changes to these bodies require a constitutional amendment, further emphasising their foundational role in the governance framework.
Few Examples of Important UPSC Constitutional Bodies:
Election Commission of India (ECI) – Ensures free and fair elections across the country. Established under Article 324 of the Constitution, it supervises elections for Parliament, state legislatures, and the presidency.
Union Public Service Commission (UPSC) – Conducts recruitment exams (like the Civil Services Exam) for All India and central services, ensuring merit-based selection. The UPSC is a constitutional body under Articles 315–323.
Finance Commission – Recommends the distribution of net tax revenues between the Centre and states. Established by Article 280, it maintains fiscal federalism by deciding devolution of funds.
Comptroller and Auditor General (CAG) – Audits all receipts and expenditures of the Union and states, ensuring public funds are used properly. Under Article 148, the CAG acts as the “guardian of the public purse”.
National Commissions (SC, ST, BC) – Independent constitutional bodies (Articles 338, 338A, 338B) that protect the rights and welfare of Scheduled Castes, Scheduled Tribes, and Other Backward Classes.
These examples illustrate how constitutional bodies are woven into India’s democratic framework.
Finance Commission of India (Art 280)
Purpose: To recommend the distribution of tax revenues between the Union and State governments.
Key Points:
Constitutional Basis: Established under Article 280 of the Indian Constitution.
Composition: Consists of a Chairman and four other members, all appointed by the President of India.
Tenure: Constituted every five years.
Functions:
Recommends the distribution of net proceeds of taxes between the Union and States.
Suggests principles for grants-in-aid to the States.
Advises on measures needed to augment the Consolidated Fund of a State.
2. Comptroller and Auditor General (CAG) (Article 148)
Purpose: To audit and report on the receipts and expenditure of the Union and State governments.
Key Points:
Constitutional Basis: Established under Article 148 of the Indian Constitution.
Appointment: Appointed by the President of India.
Tenure: Serves for six years or until the age of 65, whichever is earlier.
Functions:
Audits all receipts and expenditure from the Consolidated Fund of India and the States.
Reports to the President (for Union) or Governor (for States).
Ensures accountability and transparency in government spending.
3. Goods and Services Tax (GST) Council (Article 279A)
Purpose: To make recommendations on issues related to GST, including tax rates and exemptions.
Key Points:
Constitutional Basis: Established under Article 279A of the Indian Constitution.
Composition: Consists of:
Union Finance Minister (Chairperson).
Union Minister of State for Revenue.
Finance Ministers of States.
Functions:
Recommends the taxes, cesses, and surcharges to be subsumed under GST.
Decides on exemptions and exemptions from GST.
Recommends the model GST laws and principles of levy.
Ensures a harmonized structure of GST across India.
Table of content
Attorney General of India (AGI) (Article 76)
Appointment: President (on Union Cabinet’s advice), must be eligible to be a Supreme Court judge
Role:
Qualifications: Same as for Supreme Court judge (5 yrs HC judge or 10 yrs HC advocate, or eminent jurist)
Tenure: Holds office at President’s pleasure
Functions:
Legal advice under Article 76
Right of audience in all courts
Can participate in Parliament, without voting rights
Significance for UPSC: Constitutional authority, not part of Cabinet, but a key legal office.
Advocate General of State (Article 165)
Appointment: Governor of the state, must be eligible to be a High Court judge
Role:
Chief legal advisor to the State Government
Represents the state in High Courts and Supreme Court as needed
Qualifications: Same as HC judge (minimum 10 yrs HC advocate or HC judge)
Tenure: Holds office at Governor’s pleasure
Functions:
Advice on legal matters
Duty to defend and represent the state in legal proceedings
Right to audience in state courts; participates in state legislature, no vote
UPSC relevance: Constitutional law officer analogous to AGI.
1. National Commission for Scheduled Castes (NCSC)
Constitutional Basis: Article 338 of the Indian Constitution.
Appointment: Appointed by the President of India.
Qualifications: Individuals with a deep understanding of the issues related to Scheduled Castes.
Duties:
Investigate and monitor matters related to safeguards for Scheduled Castes.
Inquire into specific complaints regarding deprivation of rights.
Advise the government on socio-economic development plans.
Submit annual reports to the President.
Tenure: Term duration as specified by the President.
Limitations: Cannot take suo-motu cognizance; must act on complaints received.
2. National Commission for Scheduled Tribes (NCST)
Constitutional Basis: Article 338A, inserted by the 89th Constitutional Amendment Act, 2003.
Appointment: Appointed by the President of India.
Qualifications: Experts in tribal affairs and socio-economic issues.
Duties:
Monitor safeguards for Scheduled Tribes.
Investigate complaints regarding deprivation of rights.
Advise on socio-economic development plans.
Submit annual reports to the President.
Tenure: Term duration as specified by the President.
Limitations: Jurisdiction limited to matters concerning Scheduled Tribes.
3. National Commission for Backward Classes (NCBC)
Constitutional Basis: Article 338B, inserted by the 102nd Constitutional Amendment Act, 2018.
Appointment: Appointed by the President of India.
Qualifications: Individuals with expertise in backward classes' issues.
Duties:
Investigate and monitor safeguards for backward classes.
Inquire into complaints regarding deprivation of rights.
Advise on socio-economic development plans.
Submit annual reports to the President.
Tenure: Term duration as specified by the President.
Limitations: Cannot interfere in matters outside its jurisdiction.
4. Special Officer for Linguistic Minorities
Constitutional Basis: Article 350B, inserted by the 7th Constitutional Amendment Act, 1956.
Appointment: Appointed by the President of India.
Qualifications: Proficiency in matters related to linguistic minorities.
Duties:
Investigate matters related to safeguards for linguistic minorities.
Report findings to the President.
Advise on policies concerning linguistic minorities.
Tenure: Term duration as specified by the President.
Limitations: Scope limited to issues concerning linguistic minorities.
India’s Election and public service bodies uphold democratic processes and governance quality:
Election Commission of India (ECI):
A permanent constitutional body (Art. 324) that conducts elections for Parliament, state legislatures, and the presidency. It issues the Model Code of Conduct, oversees electoral rolls, and resolves election disputes. By ensuring free and fair elections, the ECI acts as a guardian of democracy.
Union Public Service Commission (UPSC):
As noted, the UPSC recruits for central civil services (Art. 315–323). It conducts the Civil Services Exam (and others like IFoS, ESE) to select capable administrators. Through transparent, competitive exams, it staffs the government with qualified officers, reinforcing meritocracy.
State Public Service Commissions:
Each state has its own PSC (Article 315) to recruit for state services. These mirror the UPSC’s role at the state level.
Together, these bodies ensure that electoral and administrative functions are carried out fairly and efficiently, underpinning representative government.
Body | Composition/Article | Appointment | Term | Removal | Functions | Special Remarks |
ECI | 1 Chief Election Commissioner + 2 Election Commissioner / Article 324 | By President | 6 Years/ 65 years (age) | CEC-By special majority, ECs- On recommendation of CEC | The Superintendence direction and control of the preparation of electoral rolls and conduct of all elections except local self government | Can be reappointed |
UPSC | Maximum 11 , Article 315 | By President | 6 Years/ 65 years (age) | By President post a binding supreme court inquiry | Recruitment - Central Services , All India Service etc. consulting on disciplinary matters | Half members should have 10 years of public office experience - Not eligible for reappointment |
SPSC | Every state has different composition, Article 315 | Governor | 6 years , 62 years | By President post a binding supreme court inquiry | -Recruitment - State Services , -Consulting on disciplinary matters | Half members should have 10 years of public office experience - Not eligible for reappointment |
NCSC | Article 338 | President | – | – | Welfare of Schedule Castes | – |
NCST | Article 338 A | President | – | – | Welfare of Schedule Tribe | Added By 89th Amendment |
NCBC | Article 338 B | President | – | – | Welfare of Backward Classes | Added By 102nd Amendment |
Special Officer Linguistic Minorities | Article 350B | President | – | – | Welfare of Linguistic Minorities | Added By 7th Amendment |
Attorney General | Article 76 | President | Not Fixed | By President | Advises and represents Central Government in all judicial matters | Eligibility same as Supreme Court Judge can participate but cannot vote in Parliament |
Advocate General | Article 165 | Governor | Not Fixed | By Governor | Advises and represents State Government in all judicial matters | Eligibility same as High Court Judge can participate but cannot vote in State Legislature |
Finance Commission | Chairperson + 4 other members, Article 280 | President | Appointed generally in 5 years | By President | Distribution of center and state finances | Eligible for reappointment |
GST council | Article 279 A | – | – | – | All GST policy discussions | ¾ Majority needed for every decision |
CAG | Article 148 | By President | 6 Years / 65 Years | Special Majority ( similar to SC judge) | Audit anything under Article 12 sends report to public account committee | Not eligible for reappointment |
Three Branches of Government
Legislature (Parliament): Enacts laws.
Executive: Implements laws.
Judiciary: Interprets laws.
Constitutional bodies work alongside these pillars to maintain checks and balances. For instance:
The Finance Commission (a constitutional body) defines financial relations between Centre and states.
Comptroller & Auditor General (CAG) audits government spending.
The Election Commission ensures free and fair elections.
Roles of Constitutional Bodies
Preserve fairness, transparency, and accountability in governance.
Guarantee that constitutional safeguards and citizens’ rights are upheld.
UPSC Aspirants Must Know:
constitutional bodies meaning – institutions defined in the Constitution, set up by Articles and amendments.
Constitutional bodies UPSC – vital for UPSC syllabus (GS II: Polity & Governance).
Constitutional Bodies UPSC examples & Articles:
ECI (Art. 324) – manages electoral integrity.
CAG (Art. 148–151) – audits public expenditure.
Finance Commission (Art. 280) – recommends fiscal federalism.
NCST (Art. 338A) – safeguards Scheduled Tribes.
UPSC & SPSC (Art. 315–323) – handle civil service recruitment.
Constitutional vs Non Constitutional Body
constitutional bodies: Derive authority directly from the Constitution; require constitutional amendments for changes.
non constitutional body: Created by ordinary legislation or executive order; flexible and removable via law.
Constitutional bodies play an indispensable role in India’s governance. By promoting transparency and federal balance, they keep the government answerable to the people. For instance, the CAG’s audit reports are reviewed by the Public Accounts Committee of Parliament, and the Election Commission’s actions can be challenged in court, ensuring multiple layers of oversight. These bodies act as institutional safeguards that democracy must continuously strengthen. In short, they help institutionalize accountability and protect fundamental values, making them crucial for any aspirant’s understanding of Indian polity.
Aspect | Constitutional Bodies | Non-Constitutional Bodies |
Established by | The Constitution of India | Parliamentary statute or executive order |
Amendment requirement | Requires constitutional amendment | Can be modified or created by ordinary law |
Examples | ECI, UPSC, CAG, Finance Commission | NHRC, CBI, TRAI, RBI, SEBI, UGC, etc. |
Mandate | Broad, defined by the Constitution | Specific to function, defined by law/orders |
Independence | High (e.g., removal only by Parliament) | Varies; typically less secure tenure |
Accountability | Directly accountable to Constitution (Parliament/President) | Accountable to government or Parliament |
Permanence | More stable and permanent | Can be modified or abolished more easily |
This table highlights how constitutional bodies have greater security and autonomy (being rooted in the Constitution) than non-constitutional bodies, which are easier to reform.
Understanding the following terms is useful:
Constitutional Body Meaning: An institution created by the Constitution (e.g., ECI, UPSC, CAG) with powers and status defined by constitutional law.
Statutory (Non-Constitutional) Body Meaning: An institution established by a legislative Act (e.g., NHRC, SEBI, UGC).
Quasi-Judicial Body: A statutory body with power to adjudicate (e.g., National Green Tribunal, CBI to a degree).
Federalism: The division of powers between the Centre and the states; constitutional bodies like the Finance Commission and GST Council help balance fiscal federalism.
Governance: The framework of political, social, and administrative systems; constitutional bodies aim to improve governance through checks and balances.
Accountability: Obligation of institutions to be answerable; e.g., CAG ensures financial accountability, and ECI enforces electoral accountability.
Question 1: Discuss the role of the National Commission for Backward Classes in the wake of its transformation from a statutory body to a constitutional body. (UPSC Mains 2022)
Question 2: “The Attorney-General is the chief legal adviser and lawyer of the Government of India.” Discuss. (UPSC Mains 2019)
Question 3: “The Comptroller and Auditor General (CAG) has a very vital role to play.” Explain how this is reflected in the method and terms of his appointment as well as the range of powers he can exercise. (UPSC Mains 2018)
Question 4: How is the Finance Commission of India constituted? What do you know about the terms of reference of the recently constituted Finance Commission? Discuss. (UPSC Mains 2018)
Question 5: Consider the following organizations/ bodies in India: (UPSC Prelims 2023)
The National Commission for Backward Classes
The National Human Rights Commission
The National Law Commission
The National Consumer Disputes Redressal Commission
How many of the above are constitutional bodies?(a) Only one
(b) Only two
(c) Only three
(d) All four
Answer: (a)
Q: Is the GST Council a constitutional body?
A: Yes. The GST Council was created by the 101st Constitutional Amendment (2016) and is a constitutional body under Article 279A. It is empowered to recommend GST rates, exemptions, and law changes, ensuring a harmonized tax structure.
Q: What is the difference between constitutional and non-constitutional bodies?
A: Constitutional bodies are created by the Constitution and can be changed only by constitutional amendment. Non-constitutional bodies are created by statutes or executive orders and can be modified by ordinary legislation. Constitutional bodies tend to have broader, more secure mandates; statutory bodies have specific roles and can be altered more easily.
Q: Who is the highest law officer in India and in a state?
A: The Attorney General of India (AGI) is the highest law officer for the Union; he is appointed by the President The Advocate General is the highest law officer in a state, appointed by the Governor.
Q: Which Articles establish the Election Commission and UPSC?
A: The Election Commission is established under Article 324 of the Constitution. The UPSC (and State PSCs) are provided for under Articles 315–323.
Q: What does the NCBC do?
A: The National Commission for Backward Classes is a constitutional body (Art. 338B) that examines requests to include or exclude communities in the Central OBC list, and addresses grievances related to backward classes.
Constitutional bodies are a fundamental feature of India’s governance framework. They work autonomously to administer elections, recruit civil servants, manage finances, uphold laws, and protect citizens’ rights. By providing independent checks on the executive and legislature, they strengthen democracy and accountability. For UPSC aspirants, a solid grasp of each body’s composition, constitutional basis, and key functions is crucial. Remember that these institutions – whether the ECI safeguarding elections, the CAG auditing public funds, or the Finance Commission balancing fiscal federalism – are all designed to ensure that government remains transparent, efficient, and answerable to the people.
Internal Linking Suggestions
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