Difference Between Statutory Body & Constitutional Body

In India, governance is carried out through multiple institutions that operate under distinct legal frameworks. Among these, constitutional bodies and statutory bodies play a central role in maintaining administration and regulation. While both are vital to the functioning of the state, they differ in their origin, powers, and scope of responsibilities. Understanding the Difference Between Statutory Body & Constitutional Body helps in understanding how different mechanisms of governance are structured and how they contribute to effective regulation and public administration.

Statutory Body

A Statutory Body is an institution created by a specific law passed in Parliament or a state legislature. Unlike constitutional bodies, its powers and functions are not drawn directly from the Constitution but from the statute that establishes it. The authority of such bodies depends entirely on this legislation, meaning their structure, role, or even existence can be altered or abolished through amendments to the parent law.

Statutory Body Example

• National Human Rights Commission (NHRC): Established under the Protection of Human Rights Act, 1993, the NHRC is responsible for safeguarding and promoting human rights across the country.
• Reserve Bank of India (RBI): Created under the Reserve Bank of India Act, 1934, the RBI serves as India’s central bank and is entrusted with formulating and regulating the nation’s monetary policy.
• Securities and Exchange Board of India (SEBI): Formed under the SEBI Act, 1992, SEBI functions as the regulator of the securities market, ensuring transparency and protecting investor interests.
• University Grants Commission (UGC): Set up under the UGC Act, 1956, the UGC oversees higher education in India by maintaining standards, providing funds, and promoting coordination among universities.

Constitutional Bodies

A Constitutional Bodies is one whose origin, powers, and functions are directly derived from the Constitution of India. These bodies are specifically mentioned in the Constitution, and their roles and responsibilities are defined within it. Their existence is permanent in nature, and any change in their structure or functioning requires a constitutional amendment, which is a complex and lengthy process.

Constitutional Bodies Example

• Election Commission of India (ECI): Established under Article 324 of the Constitution, it is responsible for conducting elections to the Parliament, State Legislatures, and the offices of the President and Vice-President.
• Comptroller and Auditor General of India (CAG): Created under Article 148, the CAG audits the revenue and expenditure of the Union and State governments to ensure accountability.
• Union Public Service Commission (UPSC): Formed under Article 315, the UPSC conducts examinations and recruitment for appointments to central government services.
• Finance Commission: Established under Article 280, it decides the distribution of financial resources between the Union and the States.

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Difference Between Statutory Body & Constitutional Body

Statutory Body & Constitutional Body are two key pillars of governance in India. While both play important roles in administration and regulation, they differ in their origin, autonomy, and functions. Constitutional bodies derive their authority directly from the Constitution, making them more permanent and independent, whereas statutory bodies are established through specific laws passed by the legislature for defined purposes. The table below highlights the major Difference Between Statutory Body & Constitutional Body: