Non-Constitutional Bodies are institutions that are not mentioned in the Constitution of India but are created later to meet specific needs of governance, administration, and policy-making.
These bodies are mainly of two types – Statutory Bodies, which are established through Acts of Parliament (e.g., SEBI, NHRC, CVC), and Extra-Constitutional Bodies, which are set up by executive resolutions or orders (e.g., NITI Aayog, Planning Commission, NDC).
While they do not derive authority directly from the Constitution, they play a crucial role in strengthening democracy, ensuring accountability, and supporting effective governance.
List of Major Statutory Bodies in India
(Established by Acts of Parliament)
- Election laws-related
- Central Information Commission (CIC) – RTI Act, 2005
- Lokpal & Lokayuktas – Lokpal and Lokayuktas Act, 2013
- Finance/Economy-related
- Securities and Exchange Board of India (SEBI) – SEBI Act, 1992
- Competition Commission of India (CCI) – Competition Act, 2002
- Insurance Regulatory and Development Authority of India (IRDAI) – IRDA Act, 1999
- Pension Fund Regulatory and Development Authority (PFRDA) – PFRDA Act, 2013
- Governance/Oversight-related
- Central Vigilance Commission (CVC) – CVC Act, 2003
- National Human Rights Commission (NHRC) – Protection of Human Rights Act, 1993
- National Commission for Women (NCW) – NCW Act, 1990
- National Green Tribunal (NGT) – NGT Act, 2010
- National Commission for Backward Classes (NCBC) – (was statutory under 1993 Act, made constitutional in 2018 by 102nd Amendment)
List of Extra-Constitutional (Executive) Bodies
(Established by Govt. Resolution/Order, not by Constitution/Act)
- NITI Aayog (2015, replaced Planning Commission)
- National Development Council (NDC)
- Economic Advisory Council to PM
- National Board for Wildlife
- Zonal Councils (set up under State Reorganisation Act, 1956, but functioning largely under executive orders)
Comparison Table
| Feature | Constitutional Bodies | Statutory Bodies | Extra-Constitutional / Executive Bodies |
|---|---|---|---|
| Basis of Creation | Directly by Constitution | By Act of Parliament/State Legislature | By Government Order/Resolution |
| Examples | ECI, UPSC, CAG, Finance Commission | SEBI, NHRC, CVC, CIC, NGT | NITI Aayog, NDC, EAC to PM |
| Change/Amendment | Only by Constitutional Amendment | Can be amended/repealed by ordinary law | Can be abolished anytime by Govt. decision |
| Legal Status | Supreme authority (protected by Constitution) | Legal authority but subordinate to Constitution | Advisory in nature, no independent legal backing |
| Justiciability | Fully enforceable & binding | Powers limited to provisions of their Act | Recommendations are advisory, not binding |
So in exams, remember:
- Constitutional = Strongest (e.g., UPSC)
- Statutory = Created by Law (e.g., SEBI, NHRC)
- Executive = Advisory/Policy (e.g., NITI Aayog)
Non – Constitutional & Extra – Constitutional Bodies of India
| Category | Body / Institution | Setup Year | Established By | Function / Role |
|---|---|---|---|---|
| Statutory Bodies (Created by Acts of Parliament) | SEBI (Securities & Exchange Board of India) | 1992 | SEBI Act, 1992 | Regulates securities market, protects investors, promotes capital market. |
| CVC (Central Vigilance Commission) | 1964 (statutory in 2003) | CVC Act, 2003 | Supervises vigilance, anti-corruption cases in govt. departments. | |
| NHRC (National Human Rights Commission) | 1993 | Protection of Human Rights Act, 1993 | Safeguards human rights, investigates violations. | |
| NCSC (National Commission for SCs) | 2004 (as separate body) | Article 338 (but empowered by Act of Parliament) | Protects interests of Scheduled Castes. | |
| NCST (National Commission for STs) | 2004 | Article 338A (via 89th Amendment Act) | Protects interests of Scheduled Tribes. | |
| National Green Tribunal (NGT) | 2010 | NGT Act, 2010 | Handles environmental protection & related disputes. | |
| Competition Commission of India (CCI) | 2003 | Competition Act, 2002 | Prevents monopolistic practices, ensures fair competition. | |
| Lokpal & Lokayuktas | 2013 | Lokpal and Lokayuktas Act, 2013 | Inquires into corruption charges against public officials. | |
| Central Information Commission (CIC) | 2005 | RTI Act, 2005 | Ensures transparency by enforcing Right to Information. | |
| National Commission for Women (NCW) | 1992 | NCW Act, 1990 | Safeguards women’s rights and promotes equality. | |
| Extra-Constitutional Bodies(Created by Executive Orders, not laws) | NITI Aayog | 2015 | Executive Resolution (Replaced Planning Commission) | Policy think tank, cooperative federalism, strategy making. |
| Planning Commission(abolished 2015) | 1950 | Executive Resolution | Formulated 5-year plans, allocated resources. | |
| National Development Council (NDC) | 1952 | Executive Order | Approved 5-year plans, coordinated centre-state relations. | |
| Economic Advisory Council to PM (EAC-PM) | 2004 (revived 2017) | Executive Order | Advises PM on economic issues, reforms, policies. | |
| Cabinet Committees (CCS, CCEA, CCPA, etc.) | Various | Executive Orders | Coordinate decisions on defence, economy, parliament matters. | |
| National Advisory Council (NAC)(dissolved 2014) | 2004 | Executive Order | Policy advisory body (helped design RTI, MGNREGA, RTE). | |
| Inter-State Council (ISC) | 1990 | Executive Order (Art. 263 basis) | Forum for Centre-State coordination. | |
| Zonal Councils | 1956 | Executive Resolution (under States Reorganisation Act) | Promote interstate cooperation, address disputes. |
Key Takeaways:
- Constitutional Bodies → Directly in Constitution (ECI, CAG, UPSC, etc.)
- Statutory Bodies → Created by an Act of Parliament (SEBI, CVC, NHRC, etc.)
- Extra-Constitutional Bodies → Created by executive resolution/order, not mentioned in Constitution or laws (NITI Aayog, Planning Commission, NAC, etc.).
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