There are several structures of different institutions in India that perform governance under various legal frameworks. Constitutional bodies and statutory bodies hold very crucial positions in ensuring the administration and working of the state. These two types of bodies, however, are different in their very origin, the scope of their functions, and their legal standing. Understanding and working through this difference between constitutional and statutory bodies will, therefore, help explain the several frameworks through which governance and regulation occur.
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What is a Constitutional Body?
A constitutional body is an entity whose creation and working are directly derived from provisions put forth in the Constitution of India. These bodies are referred to in the Constitution, and powers, functions, and duties also find their reference within the document. The existence of constitutional bodies is more permanent, and any modification within structure or functioning that requires a constitutional amendment is a long and arduous process.
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Examples of Constitutional Bodies
Election Commission of India: It has been established under Article 324 of the Constitution for conducting elections to the Parliament, the State legislatures and offices of the President and Vice-President.
Comptroller and Auditor General of India (CAG): Article 148 has established it for auditing the revenue and expenditure of the government.
Union Public Service Commission (UPSC): Article 315 has established it for conducting examinations for appointments in the central services.
Finance Commission: Provided under Article 280, it specifies how the proceeds at the disbursing end are to be divided between the Union and the States.
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Essential Features of Constitutional Bodies:
Establishment: Formed directly by the Constitution itself.
Permanence: Not an easy job to dissolve them. Their functions can be changed only through amendments to the Constitution.
Autonomy: These bodies enjoy a higher degree of autonomy since they are protected through constitutional provisions.
Importance: Their functioning is necessary for the proper functioning of a democracy and its administration.
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What is a Statutory Body?
A statutory body is a statutorily created body set up either by an act of parliament or a state legislature. Different from constitutional bodies, their authority is not directly derived from the Constitution but rather through a special law passed by the legislative body. In that regard, the existence of a statutory body lies in the law that created it, and it may be modified or abolished through amending that specific law.
Examples of Statutory Bodies
National Human Rights Commission (NHRC): Formed under the Protection of Human Rights act, 1993, the NHRC protects human rights.
Reserve Bank of India (RBI): Formed under the Reserve Bank of India Act, 1934, RBI looks after the monetary policy of India.
Securities and Exchange Board of India (SEBI): Formed under the SEBI Act, 1992, SEBI is a body that regulates the securities market in India.
University Grants Commission (UGC): Constituted under the UGC Act, 1956, it supervises and regulates standardization in higher education.
Essential Features of Statutory Organizations
Established: Established by a statute of the Parliament or the state legislatures.
Flexibility: Can be altered or dissolved by an amendment to the enabling statute.
Area of Operation: Generally has an authority more confined and specialized as compared to constitutional bodies.
Control: They may be subjected to government control to some extent depending on the enabling legislation.
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Key Differences Between Statutory Body and Constitutional Body
All the difference is that while statutory bodies are constituted through legislative acts passed by the Parliament or state legislatures, constitutional bodies are provided directly by the Constitution of India. This goes on to define the autonomy, power, and functioning of the respective body.
1. Origin:
Constitutional bodies: Constitutional bodies are directly established by the Constitution of India. Their setting up is provided under certain articles of the Constitution.
Statutory bodies: Statutory bodies are created through an act of Parliament or a state legislature. It does not originate from the Constitution itself but has its power based on legislation by the legislative bodies.
2. Permanence:
Constitutional bodies: Constitutional bodies, therefore, are permanent and cannot easily be changed or dissolved. Any change in their form or function requires amendment by the constitution, a rather complex and strenuous process.
Statutory bodies: Statutory bodies are flexible and can be modified, dissolved, or reconstituted by amendment to the law or act that founded the body.
3. Autonomy:
Constitutional bodies: Constitutional bodies are more autonomous. They have the protection of the Constitution, and their decisions and operations are even less prone to interference on the part of the government.
Statutory bodies: Statutory bodies differ in their level of autonomy. This is because it depends on the provision that the law presented for its establishment. Their autonomy is also curbed by the which may exercise this power through amending the law.
4. Significance:
Constitutional bodies: Constitutional bodies form a fundamental function of the democratic and governance structure of the country. They perform activities such as elections, audits of the government finances, and recruitment of persons holding public service.
Statutory bodies: These exist for some specified purposes or departments, like the regulation of the economy, enforcing human rights, or ensuring the regulation of higher education. Although important, their scope is very limited in comparison to constitutional bodies.
5. Examples:
Constitutional bodies: Election Commission of India, UPSC, CAG, Finance Commission are some examples of constitutional bodies.
Statutory bodies: Other statutory bodies include the Reserve Bank of India (RBI), the Securities and Exchange Board of India (SEBI), the University Grants Commission (UGC), and the National Human Rights Commission (NHRC).
7. Demand for Amendment
Constitutional bodies: Modification in powers, functions, or structure of the constitutional body can be made only through the process of constitutional amendment. This amendment in the constitution is made by passing it in both Houses of Parliament and ratifying it in the state legislatures.
Statutory bodies: Amendments to the statutory bodies may be affected by a relatively less procedural legislative process involving an amendment in the law under which the body was framed.
8. Appointments Procedure:
Constitutional bodies: The process of appointment in the constitutional bodies is generally consultative, involving consultations with the important stakeholders, including the President and the Prime Minister, along with the Chief Justice of India. In such a procedure, the appointments are transparent, free from bias, and free of flaws.
Statutory bodies: Normally the appointments to the statutory bodies are usually done by the government or concerned ministries. Normally, the procedure of appointment is not as elaborate as that of the constitutional bodies.
9. Field of Powers:
Constitutional bodies: Well, the constitutional bodies do have powers very deep and meaningful since they deal with primary functions of the state, which include election conduct, audits of government spending, and recruiting or joining up to merit those entering public service.
Statutory bodies: Statutory bodies are generally narrower in powers and confined to the area or industry they were created to regulate or supervise, such as financial regulation, environmental protection, or higher education.
10. Control
Constitutional bodies: Constitutional bodies cannot be controlled directly by the government. The Constitution protects them from political or executive interference and, in that sense, is more resistant to political control.
Statutory bodies: Such statutory bodies' extent of government oversight and control depends on the governing law regarding such matters. The government can alter its structure or role through an amendment to the relevant statute.
11. Role in Governance:
Constitutional bodies: The constitutional bodies play an important role in safeguarding democratic processes without undermining the rule of law. They are necessary for the open functioning of the government, ensuring its accountability and the rights of its citizens.
Statutory bodies: Statutory bodies are typically established to meet specific administrative or regulatory needs, for instance in finance, education, health, or human rights. The work of constitutional bodies is much more sectoral and specialized, although it is important.
12. Accountability:
Constitutional bodies: Constitutional bodies owe their primary accountability to the Constitution and Parliament. All their actions and decisions are subject to constitutional review to make sure that they act at the law.
Statutory bodies: These statutory bodies are answerable to the creating legislative body as well as to the government, and their mechanisms of accountability rely on the provisions of the statute under which they were established.
AspectConstitutional BodyStatutory BodyOriginEstablished by the ConstitutionEstablished by an act of the Parliament or state legislaturePermanenceCannot be easily altered or abolishedCan be altered or abolished through an amendment to the actAutonomyGenerally more autonomous, protected by the ConstitutionAutonomy depends on the provisions of the legislationImportanceEssential for the functioning of democracy and governanceCreated for specific purposes or sectorsExamplesElection Commission, UPSC, CAG, Finance CommissionRBI, SEBI, UGC, NHRCModificationRequires a constitutional amendmentRequires an amendment to the relevant statuteScope of PowersBroad and significant, often covering fundamental functions of the stateGenerally limited to specific functions or sectors
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Conclusion
Statutory bodies and constitutional bodies may be considered to differ more in terms of their origin, scope, and level of authority they hold. A constitutional body is independent, strong, and permanent. It plays a crucial role in the effective functioning of Indian democracy. Essentially, there are statutory bodies involving very specific, sectoral purposes. They can be amended or even abolished by changing the law.
Both are integral constituents of governance in India; however, the constitutional bodies are more permanent and independent as a result of the nature of establishment at the time of the Constitution, whereas the statutory bodies are flexible and altered as amended by the legislature. The differences thus are important in breaking various legal and administrative infrastructures that underpin the complexity of India's governance system.
Difference Between Statutory Body and Constitutional Body FAQs
1. What is the key difference between a statutory body and a constitutional body?
The primary difference is in its origin. A constitutional body is established directly by the Constitution of India, whereas a statutory body is created through a specific act of the Parliament or state legislatures.
2. Can a statutory body be abolished or modified?
No, a statutory body can easily be amended or done away with by amendment to the law or act creating it. The process is much more straightforward as opposed to amending the structure of a constitutional body.
3. Can a constitutional body be altered or dissolved?
No, a constitutional body cannot easily dissolve or alter. Their alteration requires a constitutional amendment, a very rigorous and elaborate process involving the Parliament.
4. Are statutory bodies less important than constitutional bodies?
Not necessarily. While constitutional bodies have more permanent roles essential to the governance structure, statutory bodies also play a crucial role in specific sectors like finance, human rights, and education.
5. Which kind of body is more independent: statutory or constitutional?
Constitutional bodies generally are more independent, as they find some safeguard under the Constitution and they are beyond direct government control. Statutory bodies vary in level of independence depending upon the statute that establishes them.
