Constitutional & Statutory Bodies of India — UPSC Static GK — UPSC Notes

📜 Constitutional Bodies

Body	Article	Appointment	Tenure / Removal	Key Exam Facts
Election Commission of India (ECI)	Art. 324	By President. Post-2023: on recommendation of a selection committee — PM (Chair) + Leader of Opposition in Lok Sabha + a Cabinet Minister nominated by PM.	CEC: Removed same as SC judge — Presidential order on address by both Houses with Special Majority. Other ECs: Removed only on recommendation of the CEC — a deliberate asymmetry to protect CEC's independence.	Multi-member since 16 October 1989 (single-member from 1950 to 15 Oct 1989). Chief Electoral Officers in states are NOT part of ECI. Superintends elections to Parliament, State Legislatures, President and Vice-President.
Union Public Service Commission (UPSC)	Art. 315–323	Chairman and members appointed by President.	6 years from appointment OR age 65, whichever is earlier. Removal: President after SC inquiry on proved misbehaviour or incapacity. Chairman of UPSC is ineligible for further employment under Central or any State Govt after leaving office (Art. 319).	Expenses charged to Consolidated Fund (independent of annual votes). Functions: recruitment, promotions, transfer, disciplinary matters for Central services.
State Public Service Commission (SPSC)	Art. 315	Chairman and members appointed by Governor of the State.	6 years from appointment OR age 62 (NOT 65 — key distinction from UPSC), whichever is earlier. Removal: By President (not Governor) — a key exam trap.	Joint State PSC possible for two or more states (Art. 315). President can assign SPSC additional functions. SPSC is independent of UPSC but similar in structure.
Finance Commission	Art. 280	Chairman + 4 Members appointed by President. Qualifications prescribed by Parliament under Finance Commission (Miscellaneous Provisions) Act, 1951.	Constituted every 5 years or earlier. Quasi-judicial in character.	16th Finance Commission: Chairman Dr. Arvind Panagariya. Award period 2026–27 to 2030–31. Report submitted 2025. Recommends: (1) Distribution of net tax proceeds between Union and States (vertical devolution). (2) Distribution among States (horizontal devolution). (3) Grants-in-aid to States.
Comptroller & Auditor General (CAG)	Art. 148–151	Appointed by President.	6 years from appointment OR age 65, whichever is earlier (set by CAG's DPC Act, 1971). Removal: Same as SC judge — Presidential order on address by both Houses with Special Majority. Cannot be reappointed (Art. 148(4) — express prohibition).	Union accounts: Reports submitted to President → laid before Parliament. State accounts: Reports submitted to Governor → laid before State Legislature. Expenses charged to Consolidated Fund. Called "Guardian of the Public Purse."
Attorney General of India	Art. 76	Appointed by President. Must be qualified to be a judge of the Supreme Court.	Holds office during pleasure of the President. No fixed tenure. Not eligible for private legal practice against Government of India.	Receives fees, not salary. Right of audience in all courts in India. Can participate in Parliamentary proceedings but cannot vote. Not a member of the Cabinet and not a government servant.
Advocate General of State	Art. 165	Appointed by Governor. Must be qualified to be a judge of a High Court.	Holds office during pleasure of Governor. Receives fees, not salary.	State-level equivalent of the Attorney General. Has right of audience in all courts within the state.
National Commission for Scheduled Castes (NCSC)	Art. 338	Chairperson + Vice-Chairperson + 3 Members — all appointed by President.	Tenure and removal specified by Parliament by law.	Created as separate body by 89th Constitutional Amendment, 2003 — split from the earlier combined SC+ST Commission. Now covers SCs and Anglo-Indian community. Annual report to President.
National Commission for Scheduled Tribes (NCST)	Art. 338A	Chairperson + Vice-Chairperson + 3 Members — all appointed by President.	Tenure and removal specified by Parliament by law.	Art. 338A inserted by 89th Constitutional Amendment, 2003 — separated STs from NCSC. Annual report to President, who causes it to be laid before Parliament and sent to concerned State Govts.
National Commission for Backward Classes (NCBC)	Art. 338B	Chairperson + Vice-Chairperson + 3 Members — appointed by President.	As prescribed by Parliament.	Art. 338B inserted by 102nd Constitutional Amendment, 2018 — elevated NCBC from statutory (under NCBC Act, 1993) to constitutional status. Same amendment inserted Art. 342A (President to specify Central List of SEBCs) and Art. 366(26C).
Commissioner for Linguistic Minorities	Art. 350B	Appointed by President.	As prescribed.	Investigates matters relating to safeguards for linguistic minorities. Reports to President at specified intervals; President causes reports to be laid before Parliament and sent to State Govts. Office established July 1957; headquartered in New Delhi.
Inter-State Council	Art. 263 (enabling provision)	Created by Presidential Order dated 28 May 1990 (on Sarkaria Commission recommendation). Chair: Prime Minister. Members: All CMs + Administrators of UTs + 6 Cabinet Ministers.	Not a permanent constitutional body — set up by Presidential order; can be modified or dissolved by order.	Distinct from NITI Aayog (which is an executive body) and Finance Commission (constitutional body). Discusses subjects of common interest between Union and States. Met infrequently — activation is a recurring UPSC-tested governance issue.

⚖️ Important Statutory Bodies

Statutory bodies are created by Acts of Parliament. They are NOT part of the Constitution — Parliament can amend or abolish them by passing a new Act. However, their independence may still be protected by the parent statute.

Body	Governing Act	Composition	Tenure	Key Exam Facts
National Human Rights Commission (NHRC)	Protection of Human Rights Act, 1993 (amended 2019)	Post-2019: Chairperson (retired CJI or retired SC judge) + 1 retired SC judge + 1 retired Chief Justice of HC + 3 Members with human rights expertise (at least 1 woman). Ex-officio: Chairpersons of NCW, NCSC, NCST, NCBC, NCPCR + Chief Commissioner for Persons with Disabilities.	3 years from appointment OR age 70, whichever is earlier. No reappointment.	Key change (2019 Amendment): Original Act restricted Chairperson to retired CJI only — now a retired SC judge also qualifies. Appointment committee: PM + Speaker of LS + Home Minister + Leaders of Opposition in both Houses + Deputy Chairman of RS. Can only recommend — no power to punish.
Central Vigilance Commission (CVC)	CVC Act, 2003	Central Vigilance Commissioner (Chairperson) + not more than 2 Vigilance Commissioners.	4 years from appointment OR age 65, whichever is earlier. No reappointment.	Appointment: President on recommendation of committee — PM + Home Minister + Leader of Opposition in Lok Sabha. Removal: Presidential order after SC inquiry (proved misbehaviour/incapacity) OR without SC inquiry for insolvency, paid outside employment, infirmity of mind/body. Oversees vigilance in Central Government offices. Apex body for anti-corruption in Centre.
Central Information Commission (CIC)	Right to Information Act, 2005 (amended 2019)	Chief Information Commissioner + up to 10 Information Commissioners.	3 years (RTI Amendment Act, 2019 changed from the earlier 5-year term). Salary: Fixed by government rules — salary parity with Election Commissioners removed by 2019 amendment.	Appointment: President on recommendation of PM (Chair) + Leader of Opposition in LS + a Cabinet Minister nominated by PM. Hears second appeals and complaints under the RTI Act. Decisions of CIC are binding. Final appellate body under RTI for Central Government information.
Lokpal	Lokpal and Lokayuktas Act, 2013	1 Chairperson + maximum 8 Members. At least 50% must be judicial members. At least 50% members from SC/ST/OBC/Minorities/Women. First Lokpal: Justice Pinaki Chandra Ghose (sworn in 23 March 2019).	5 years from appointment OR age 70, whichever is earlier. No reappointment.	Chairperson qualification: retired CJI, retired SC judge, OR eminent person with 25+ years experience in anti-corruption/public administration. Jurisdiction: PM (with safeguards), Union Ministers, MPs, Group A/B/C/D Central Govt employees. PM cannot be investigated for matters relating to international relations, security, public order, atomic energy or space.
National Commission for Women (NCW)	National Commission for Women Act, 1990	Chairperson + 5 Members (at least 1 from SC/ST) + Member Secretary — all appointed by Central Government.	3 years. No reappointment for more than 2 terms.	Statutory body — NOT constitutional. Operational since January 1992. Reviews legislation; takes up cases of violation of women's rights; advises government on policy.
National Commission for Protection of Child Rights (NCPCR)	Commissions for Protection of Child Rights Act, 2005	Chairperson + 6 Members (at least 2 women) — appointed by Central Government.	3 years. Reappointable but not beyond age 65.	Operational since March 2007. Ensures all laws, policies, and programmes for children align with the child rights perspective of the Constitution and UN CRC. Monitors implementation of RTE Act.
Securities and Exchange Board of India (SEBI)	SEBI Act, 1992 (came into force 30 January 1992)	Chairman + 9 Members (includes RBI representative + 2 Finance Ministry representatives).	5 years or age 65, whichever is earlier (for Chairman).	Triple function: quasi-legislative (issues regulations) + quasi-judicial (adjudicates disputes) + quasi-executive (investigates, enforces). Body corporate with perpetual succession. Protects investor interests; promotes and regulates securities market. Originally a non-statutory body (1988) — given statutory status in 1992.
Reserve Bank of India (RBI)	Reserve Bank of India Act, 1934 (established 1 April 1935)	Governor + not more than 4 Deputy Governors + Central Board of Directors.	Governor: 3 years (renewable). Appointed by Central Government.	NOT a constitutional body — purely statutory. Functions: monetary policy, currency issuance, banker to govt, regulator of banks and NBFCs, foreign exchange management (FEMA 1999). Nationalised on 1 January 1949.
National Investigation Agency (NIA)	NIA Act, 2008 (set up after 26/11 Mumbai attacks)	Director General (IPS officer) + officers appointed by Central Government.	As prescribed. DG appointed by Central Government.	Federal counter-terrorism agency. Investigates offences under UAPA, Explosive Substances Act, Atomic Energy Act, Arms Act, NDPS, and scheduled offences under NIA Act. Has jurisdiction across India — does not need state permission to investigate.
Competition Commission of India (CCI)	Competition Act, 2002 (became operational 2009)	Chairperson + not less than 2 and not more than 6 Members — appointed by Central Government.	5 years or age 65, whichever is earlier. No reappointment.	Prevents practices having adverse effects on competition; promotes and sustains competition; protects consumer interests. Replaced the MRTP Commission (Monopolies and Restrictive Trade Practices Act, 1969 — repealed 2009). Quasi-judicial body.

🏛️ Important Executive Bodies (Neither Constitutional nor Statutory)

Executive bodies are created by executive order/Cabinet resolution — they have no constitutional or statutory backing. Parliament cannot be held responsible if they are modified or dissolved.

Body	Year	Created By	Key Facts
NITI Aayog	2015	Cabinet Resolution (1 January 2015). Replaced Planning Commission (1950).	NOT constitutional, NOT statutory. Think-tank and policy advisory body. Governing Council: PM (Chair) + all CMs + LG of UTs. No power to allocate funds (unlike Planning Commission).
Planning Commission	1950–2014	Cabinet Resolution (15 March 1950). Abolished 13 August 2014.	Also NOT constitutional or statutory. Formulated Five Year Plans (1951–2017; 12th Plan was the last). Replaced by NITI Aayog. A Sarkaria/Rajamannar criticism: Planning Commission was seen as instrument of centralisation.
National Security Council (NSC)	1998	Cabinet Resolution. Chaired by PM.	Apex body for national security decisions. Strategic Policy Group (SPG), National Security Advisory Board (NSAB) are part of the NSC system. NOT statutory.

⚡ Quick Comparison — Key Bodies

Feature	CAG	CVC	CEC	UPSC Chairman
Type	Constitutional	Statutory	Constitutional	Constitutional
Article / Act	Art. 148	CVC Act, 2003	Art. 324	Art. 316
Appointed by	President	President	President	President
Tenure	6 yrs or 65	4 yrs or 65	No constitutional tenure	6 yrs or 65
Removal	Like SC judge	President after SC inquiry	Like SC judge	President after SC inquiry
Reappointment	No (Art. 148(4))	No	Not barred	No (Art. 319)
Expenses	Consolidated Fund	Consolidated Fund	Consolidated Fund	Consolidated Fund

Feature	NHRC	Lokpal	CIC	NCW
Type	Statutory	Statutory	Statutory	Statutory
Governing Act	PHR Act, 1993	Lokpal Act, 2013	RTI Act, 2005	NCW Act, 1990
Chair qualification	Retired CJI or SC judge (post-2019)	Retired CJI, SC judge, or eminent person	Eminent person	Eminent woman
Tenure	3 yrs or 70	5 yrs or 70	3 yrs	3 yrs
Reappointment	No	No	Not specified	Max 2 terms

🎯 High-Yield Distinctions for Prelims

Distinction	Correct Answer
CEC removal vs other EC removal	CEC removed like SC judge (both Houses, special majority). Other ECs removed only on CEC's recommendation — deliberate asymmetry to protect CEC's independence.
UPSC age vs SPSC age	UPSC members serve until 65. SPSC members serve until 62. Tenure (6 years) is same for both.
SPSC removal — who removes?	President removes SPSC members (not the Governor, who appoints them). Classic exam trap.
CAG: can be reappointed?	No — Art. 148(4) expressly prohibits reappointment of CAG under Central or any State Government.
CAG reports — to whom?	Union audit reports → President (who lays before Parliament). State audit reports → Governor (who lays before State Legislature).
89th Amendment 2003 — what did it do?	Split the combined SC+ST Commission into two: NCSC (Art. 338) for SCs and NCST (Art. 338A, newly inserted) for STs.
102nd Amendment 2018 — what did it do?	Gave constitutional status to NCBC (Art. 338B). Inserted Art. 342A (President specifies Central List of SEBCs) and Art. 366(26C).
NHRC Chairperson post-2019	Retired CJI or retired SC judge (2019 Amendment expanded beyond retired CJI only).
CIC term post-2019	3 years (RTI Amendment Act, 2019 changed from earlier 5-year term).
First Lokpal of India	Justice Pinaki Chandra Ghose — sworn in 23 March 2019.
Finance Commission vs NITI Aayog	Finance Commission is constitutional (Art. 280). NITI Aayog is an executive body (Cabinet resolution, 2015) — neither constitutional nor statutory.
Planning Commission — abolished when?	13 August 2014. Replaced by NITI Aayog from 1 January 2015. Planning Commission itself was NOT constitutional or statutory — created by Cabinet Resolution 1950.
Attorney General — salary or fees?	Fees (not salary). Not a government servant; not a Cabinet member. Can participate in Parliament but cannot vote.
SEBI — when was it given statutory status?	Originally created as a non-statutory body in 1988. Given statutory status via SEBI Act, 1992. Became operational 1992.