From Prelims Sureshots » Government Bodies and Agencies
Mindmap Learning Programme (MLP)
- Constitutional bodies derive their authority from the constitution. In other words, Constitutional Bodies are formed by the Constitution which helps the Government to run properly.
- Each of these permanent or semi-permanent organisations is responsible for the administration of specific functions.
- It is mandatory for the government to set up such a body and it cannot dispense off with it easily when it becomes uncomfortable.
- Such bodies or institutions are written into the Constitution of a nation and can’t be abolished without amending that part of the Constitution which sometimes also requires the consent of the states. And also can be invalidated by the Supreme Court.
- All the constitutional bodies have dedicated article in the constitution.
- The chief of the constitutional bodies are appointed by either the President or the Prime Minister.
- Cannot be a statutory body.
- Can be an autonomous body. Example- Election Commission is both Constitutional and autonomous body.
- Important bodies such as the Finance Commission, the UPSC, the Election Commission, the CAG, National Commissions for SCs and STs, etc. are constitutional bodies.
- Statutory body or authority means a non-constitutional body which is set up by the legislature. Therefore, an Act of Parliament or an Act of State Legislatures create a statutory body.
- statutory bodies can be dissolved only by another legislation.
- Statutory bodies are authorized to pass the law and take the decision on the behalf of state or country.
- It cannot be a constitutional body.
- It can be an autonomous body. Example: Reserve Bank of India (RBI) is both statutory and autonomous organisation.
- Examples: National Commission for Minorities, National Human Rights Commission, Armed Forces Tribunal, National Commission for Women, National Green Tribunal, etc.
- An Autonomous Body (AB) is set up by the government for a specific purpose.
- It is independent in day-to-day functioning, but the government has some control over ABs.
- The government funds ABs in some way — revenue expenditure, capital expenditure, or both.
- It can be a constitutional body. Example: Election Commission – Constitutional and Autonomous.
- It can be a statutory body. Example: Reserve Bank of India – Statutory and Autonomous.