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population freeze #140 Emergency provisions misuse concerns #141 Social media regulation & liability

indian polity

Introduction

While Constitutional Bodies derive their powers directly from the Indian Constitution, many other institutions serve vital roles in Indian democracy. These are Statutory Bodies, Quasi-Judicial Bodies, and Non-Constitutional Bodies.

These institutions are not explicitly mentioned in the Constitution but are created through Acts of Parliament, executive resolutions, or for specialized functions. They help ensure smooth administration, protection of rights, transparency in governance, and conflict resolution.


Statutory Bodies

Definition:

Statutory bodies are institutions that are created by a law passed by Parliament or a state legislature. These bodies are established to carry out specific duties and responsibilities that are prescribed under the statute (Act) that creates them.

Key Features:

  • Created by an Act of Parliament or State Legislature.

  • Derive their power and authority from that Act.

  • Perform regulatory, advisory, or administrative roles.

Examples of Statutory Bodies:

  1. National Human Rights Commission (NHRC) – under the Protection of Human Rights Act, 1993.

  2. Central Information Commission (CIC) – under the Right to Information Act, 2005.

  3. National Commission for Women (NCW) – under the National Commission for Women Act, 1990.

  4. SEBI (Securities and Exchange Board of India) – under the SEBI Act, 1992.

  5. National Green Tribunal (NGT) – under the NGT Act, 2010.


Quasi-Judicial Bodies

Definition:

Quasi-judicial bodies are those which have some powers of a court of law, but are not courts themselves. They are created to adjudicate disputes in specific areas and provide decisions that are binding in nature, similar to courts.

Key Features:

  • Have limited judicial authority delegated by law.

  • Can conduct hearings and pass orders.

  • Decisions are binding and appealable.

  • Not part of regular judiciary but provide legal remedies.

Examples of Quasi-Judicial Bodies:

  1. National Human Rights Commission (also quasi-judicial)

  2. Income Tax Appellate Tribunal

  3. Consumer Disputes Redressal Forums (Consumer Courts)

  4. Competition Commission of India (CCI)

  5. Central Administrative Tribunal (CAT)


Non-Constitutional Bodies

Definition:

Non-Constitutional Bodies are not mentioned in the Constitution and are not created by a statute either. Instead, they are established by executive resolutions or decisions of the Union or State governments.

Key Features:

  • Created through government orders or resolutions.

  • No direct legal backing from the Constitution or a statute.

  • Function mainly in an advisory or planning capacity.

Examples of Non-Constitutional Bodies:

  1. NITI Aayog – successor of the Planning Commission.

  2. National Development Council (NDC)

  3. Zonal Councils

  4. Economic Advisory Council to the PM

  5. Board of Control for Cricket in India (BCCI) – a private body but performs public functions.


Comparison Table

Category Basis of Creation Power Source Examples
Constitutional Bodies Constitution Constitution Articles UPSC, ECI, CAG
Statutory Bodies Law (Act of Parliament) Specific Acts NHRC, SEBI, CIC
Quasi-Judicial Bodies Law or Executive Order Delegated Judicial Authority NGT, CAT, Consumer Forums
Non-Constitutional Bodies Executive Resolution/Order Executive Discretion NITI Aayog, NDC, BCCI

 


Why Are These Bodies Important?

  • Regulation & Oversight: They regulate key sectors like finance, environment, information, and human rights.

  • Decentralization: Eases the burden on judiciary and executive.

  • Specialized Expertise: Provide informed decision-making in technical fields.

  • Speedy Justice: Quasi-judicial bodies ensure quicker resolution of disputes.

  • Participatory Governance: Encourage planning and advisory roles involving citizens and states.


Challenges Faced by These Bodies

  • Lack of Independence: Some are under political influence.

  • Resource Constraints: Many lack adequate funding and staff.

  • Implementation Issues: Their recommendations/orders are sometimes ignored.

  • Overlapping Jurisdiction: Conflict with constitutional bodies or courts.


Reform Suggestions

  • Strengthen legal backing for non-constitutional bodies.

  • Ensure autonomy of statutory and quasi-judicial bodies.

  • Improve funding, staffing, and infrastructure.

  • Greater transparency and public accountability.


Conclusion

India’s governance system is supported not only by constitutional authorities but also by a wide range of statutory, quasi-judicial, and non-constitutional bodies. These institutions bring efficiency, specialization, and balance into administration and policymaking.

Understanding their role helps citizens participate more actively in democracy, demand accountability, and appreciate the checks and balances in our system. As India continues to evolve, these bodies will remain critical for addressing modern governance challenges and upholding justice.