Constitutional Bodies, List, Key Institutions

A Constitutional Body in India is an institution created by the Constitution, with defined powers, functions, and structure. These bodies ensure democratic governance, uphold the rule of law, and maintain accountability. Key Constitutional Bodies include the Attorney General, CAG, Election Commission, Finance Commission, NCSC, NCST and NCBC.

They perform vital roles such as legal advice, financial audits, election management, and safeguarding the rights of marginalised groups.

Their independence is constitutionally guaranteed, and changes to their structure require constitutional amendments. These bodies are crucial in maintaining the federal balance, transparency, and fairness in governance.

What is a Constitutional Body?

A Constitutional Body in India is an institution that derives its authority directly from the Constitution, with its composition, powers, and duties explicitly outlined within it. These bodies are crucial for upholding democratic governance by ensuring accountability and maintaining checks and balances within the system. 

• Direct Constitutional Mandate: Key characteristics of Constitutional Bodies include a direct constitutional mandate, which establishes their functions and protects them from executive influence, enabling them to operate independently of political interference. 
• Amendment Requirement for Structural Changes: Any structural changes to these bodies require a constitutional amendment, further emphasising their foundational role in the governance framework. 

List of Constitutional Bodies in India

Constitutional bodies are institutions established by the Constitution to ensure the proper functioning of the government and safeguard democratic processes. These bodies have defined roles and responsibilities, ensuring transparency, accountability, and fair governance. Some of the key constitutional bodies include the following:

Attorney General of India (AGI)

The Attorney General of India (AG), appointed under Article 76, is the country’s chief legal advisor, representing the government in legal matters and upholding the rule of law. Appointed by the President, the AG meets Supreme Court judge qualifications and serves at the President's pleasure without a fixed term. It advises the government, representing it in the Supreme Court and High Courts, and handling presidential references under Article 143. 

• The AG can speak in Parliament without voting, but cannot act against the government’s interests or hold corporate roles, though private practice is allowed. 
• The Solicitor General and Additional Solicitors General assist the AG.

Comptroller and Auditor General of India (CAG) 

The Comptroller and Auditor General (CAG) of India, established under Article 148 of the Constitution, audits government finances to ensure transparency and accountability. Its duties, outlined in Article 149, include submitting reports to the President under Article 151, which are then presented to Parliament. It audits government finances, conducts various audits, and offers recommendations for better financial management.

Advocate General of the State (AGS)

The Advocate General (AG), established by Article 165, is the chief law officer of a state, akin to the Attorney General of India. Appointed by the Governor with High Court judge qualifications, the AG serves at the Governor’s pleasure without a fixed term. Duties include advising the state on legal matters and performing constitutional and statutory roles. The AG can appear in all state courts and participate in legislative proceedings (without voting rights), enjoying privileges similar to legislature members per Articles 165, 177, and 194. 

Goods and Services Tax Council (GST Council)

The Goods and Services Tax (GST) Council is a constitutional body formed under Article 279A, established by the 101st Amendment Act of 2016, to implement and regulate GST in India. Chaired by the Union Finance Minister, it includes the Union Minister of State for Finance and state finance ministers. The Council recommends GST rates, exemptions, structural policies, turnover thresholds, and model GST laws, ensuring uniformity across states. Decisions are made with a weighted vote: one-third for the central government and two-thirds for states.

Finance Commission of India (FCI)

Article 280 of the Indian Constitution mandates the establishment of a Finance Commission as a quasi-judicial body, constituted by the President every five years or sooner if deemed necessary. It advises the President on the division of tax revenues between the Centre and states and establishes principles for Centre-to-state grants. It also recommends measures to increase state resources for local bodies, based on recommendations by the State Finance Commission. 

Union Public Service Commission (UPSC)

The Union Public Service Commission (UPSC), India’s main recruitment body, was established on October 1, 1926, and gained constitutional status on January 26, 1950. Article 315 designates it as the recruitment agency for Union and state services, with Articles 316–323 defining its structure, powers, and functions. The UPSC consists of a Chairman and ten members, appointed by the President, who serve six-year terms or until age 65, with at least half having prior government experience. 

• The UPSC plays a vital role in India’s governance by conducting exams and selecting qualified candidates for civil services and other government posts.

State Public Service Commission (SPSC)

The State Public Service Commission (SPSC), under Articles 315-323, oversees state-level recruitment and personnel management. Appointed by the Governor, the chairman and members (half with ten years in government) serve 6-year terms or until age 62. Only the President can remove members, typically for insolvency or misconduct, with Supreme Court consultation as needed. The SPSC is independent, with protected tenure and salaries from the state’s Consolidated Fund. 

Election Commission of India (ECI) 

The Election Commission of India (ECI) is a constitutional authority responsible for administering election processes in the country. Established under Article 324 of the Indian Constitution, the ECI ensures free and fair elections at both the national and state levels. It consists of a Chief Election Commissioner (CEC) and two Election Commissioners, appointed by the President of India, with a tenure of six years, removable only through a strict process similar to that of a Supreme Court judge. 

National Commission for Scheduled Castes (NCSC)

Established under Article 338, the National Commission for Scheduled Castes (NCSC) initially began as a Special Officer for SCs but became a multi-member commission after the 89th Amendment Act (2003), which separated it from the ST commission. Its key functions are to ensure SC safeguards, investigate grievances, advise on socio-economic programs, report to the President, recommend welfare measures, and conduct research to inform policies.

National Commission for Scheduled Tribes (NCST)

The National Commission for Scheduled Tribes (NCST), established under Article 338-A by the 89th Constitutional Amendment Act, 2003, became a separate body in 2004 to address the needs of Scheduled Tribes (STs). The NCST investigates legal safeguards, addresses complaints, advises on socio-economic planning, evaluates development, and recommends welfare measures for STs. It also works on securing forest rights, protecting resources, and addressing land issues. 

National Commission for Backward Classes (NCBC)

The National Commission for Backward Classes (NCBC) was established in 1993 following the Supreme Court’s Mandal decision and became a constitutional entity in 2018 under Article 338-B of the 102nd Amendment. It includes a Chairperson, Vice-Chairperson, and three members appointed by the President. The NCBC investigates safeguards for backward classes, addresses complaints, advises on socio-economic policies, and submits reports to the President, who presents them in Parliament.

Special Officer for Linguistic Minorities (CLM)

Article 350-B, introduced by the Seventh Constitutional Amendment Act of 1956, requires the President to appoint a Special Officer for Linguistic Minorities. The Commissioner for Linguistic Minorities, established in 1957 works under the Ministry of Minority Affairs, with its main office in Allahabad and regional offices in Karnataka, Tamil Nadu, and West Bengal. The Commissioner’s role is to investigate and report on the safeguards for linguistic minorities.

Constitutional Bodies UPSC PYQs

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)

1. The National Commission for Backward Classes
2. The National Human Rights Commission
3. The National Law Commission
4. 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)

Constitutional Bodies FAQs

Q1. What are the 11 constitutional bodies?

Ans. The 11 constitutional bodies in India are ECI, UPSC, SPSC, FCI (Finance Commission), GST Council, NCSC, NCST, NCBC, Special Officer for Linguistic Minorities, CAG and AGI.

Q2. How do constitutional bodies differ from statutory bodies?

Ans. Constitutional bodies are established by the Constitution and derive their powers from it, while statutory bodies are created by laws passed by Parliament or state legislatures.

Q3. Is Niti Aayog a constitutional body?

Ans. No, Niti Aayog is not a constitutional body; it is a statutory body established by an executive resolution.

Q4. What is the role of the Election Commission?

Ans. The Election Commission is responsible for administering free and fair elections in India at all levels.

Q5. Can constitutional bodies be dissolved or restructured?

Ans. Yes, constitutional bodies can be dissolved or restructured, but such changes require a constitutional amendment.