Simone Lawson
In India, a constitutional body is a body or foundation set up by the Constitution of India. They are formed by the government and are mentioned in the Constitution. Non-constitutional bodies, on the other hand, are not mentioned in the Constitution and are typically created by acts of Parliament or executive orders. Examples of non-constitutional bodies include the National Human Rights Commission, NITI Aayog, National Development Council, State Human Rights Commission, and the Zonal Councils. Constitutional bodies include the Finance Commission, Election Commission, and National Commissions for SCs and STs. This paragraph introduces the topic by defining constitutional and non-constitutional bodies in India and providing examples of each.
| Characteristics | Values |
|---|---|
| Bodies not mentioned in the Indian Constitution | National Human Rights Commission, NITI Aayog, National Development Council, State Human Rights Commission, State Information Commission, Lokpal and Lokayuktas, Central Information Commission, Central Bureau of Investigation, Central Vigilance Commission, Zonal Councils, Planning Commission |
| Bodies mentioned in the Indian Constitution | Finance Commission, Union Public Service Commission, Election Commission, State Public Service Commission, National Commission for SCs, National Commission for STs, Attorney General of India, Advocate General of State, Comptroller and Auditor General of India, Special Officer for linguistic minorities |
| Non-permanent constitutional body | Finance Commission |
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What You'll Learn
- National Development Council, Planning Commission, and Zonal Councils are not constitutional bodies
- National Human Rights Commission is not a constitutional body
- NITI Aayog is not a constitutional body
- Election Commission, Finance Commission, UPSC are constitutional bodies
- Inter-State Council is a non-permanent constitutional body
National Development Council, Planning Commission, and Zonal Councils are not constitutional bodies
In India, a constitutional body is a body or foundation set up by the Constitution of India. They must be formed or changed by passing a constitutional amendment bill, as opposed to an ordinary, government, or private bill.
The National Development Council (NDC) is the apex body for decision-making and deliberations on development matters in India. It is presided over by the Prime Minister and includes all Union Ministers, Chief Ministers of all the States, and Administrators of Union Territories and Members of the NITI Aayog. The NDC was set up on 6 August 1952 to strengthen and mobilise the effort and resources of the nation in support of the Five-Year Plans made by the Planning Commission. It was also set up to promote common economic policies in all vital spheres and to ensure the balanced and rapid development of all parts of the country.
The Planning Commission was an organisation in the Government of India. In 2014, it was replaced by NITI Aayog, which is a more robust organisation. NITI Aayog is the premier policy 'Think Tank' of the Government of India, providing both directional and policy inputs. While designing strategic and long-term policies and programmes for the Government of India, NITI Aayog also provides relevant technical advice to the Centre and States.
Zonal Councils are advisory councils made up of the states and union territories of India, which have been grouped into five zones to foster cooperation among them. They were set up by Part-III of the States Reorganisation Act, 1956. The Union Home Minister is the common chairman of the five zonal councils. Each chief minister acts as a vice-chairman of the council by rotation, holding office for one year at a time.
Therefore, the National Development Council, Planning Commission, and Zonal Councils are not constitutional bodies.
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National Human Rights Commission is not a constitutional body
In India, a constitutional body is a body or foundation set up by the Constitution of India. They are formed or changed by passing a constitution revision bill, as opposed to an ordinary, government, or private bill. Bodies that are not formed by the government's action and are not mentioned in the Indian Constitution are called non-constitutional bodies. These include the National Human Rights Commission (NHRC), NITI Aayog, National Development Council, State Human Rights Commission, State Information Commission, Lokpal and Lokayuktas, Central Information Commission, Central Bureau of Investigation, and Central Vigilance Commission.
The National Human Rights Commission (NHRC) is a statutory body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993. It was given a statutory basis by the Protection of Human Rights Act, 1993 (PHRA). The NHRC is responsible for the protection and promotion of human rights, which are defined by the act as "rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India". The NHRC is composed of a Chairperson and eight other members. The Chairperson and members of the NHRC are appointed by the President of India, on the recommendation of a committee. The tenure of office for the Chairperson is three years or until they attain the age of 70 years, whichever is earlier.
The functions of the NHRC as stated in Section 12 of the PHRA include the enquiry into complaints of human rights violations or negligence in the prevention of such violations by a public servant. The NHRC can investigate any complaints related to human rights violations in India either suo-moto or after receiving a petition. It can also interfere in any judicial process that involves any allegation of human rights violations. The NHRC can review the provisions of the Constitution that safeguard human rights and can recommend remedial measures. However, it has no power to punish violators of human rights or to award relief, including monetary relief, to victims. The NHRC can also undertake and promote research in the field of human rights and spread human rights literacy among various sections of society.
The NHRC is not mentioned in the Indian Constitution and is therefore a non-constitutional body. However, it is important to note that the NHRC was established in compliance with the Paris Principles of Human Rights, 1991, which were endorsed by the United Nations in 1993. Additionally, the rights that the NHRC seeks to protect are guaranteed by the Constitution of India and enforceable by the courts of India.
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NITI Aayog is not a constitutional body
NITI Aayog, or the National Institution for Transforming India, is not a constitutional body. It is an advisory body that provides the government with strategic, directional, and technical advice on social and economic issues. It is not a constitutional body because it was not created by any law of parliament and is not mentioned in the Indian Constitution. Instead, it derives its authority from corresponding laws passed by the Indian Parliament.
Constitutional bodies are those that are mentioned in a country's constitution and derive their powers and authority from it. In India, constitutional bodies are established by the Constitution of India and can only be changed by passing a constitutional amendment.
NITI Aayog was established in 2015 to replace the Planning Commission. The Planning Commission had become superfluous and was unable to help India remain competitive. The creation of NITI Aayog was intended to serve the needs of the people and enhance the country's economic growth. It is considered the premier policy-maker institution and takes a bottom-up approach by involving the state government of India.
As a non-constitutional body, NITI Aayog is not subject to the same rules and regulations as constitutional bodies. It can be abolished by the executive if needed. The current chairman of NITI Aayog is Narendra Modi, the current Prime Minister of India.
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Election Commission, Finance Commission, UPSC are constitutional bodies
In India, a constitutional body is a foundation set up by the Constitution of India. They are made or changed by passing a constitution revision bill.
The Election Commission, Finance Commission, and Union Public Service Commission (UPSC) are all constitutional bodies.
The Election Commission was set up as per the Constitution on 25 January 1950 and comprises the Chief Election Commissioner and two Election Commissioners.
The Finance Commission is a constitutional body mandated by Article 280 of the Constitution. It is constituted by the President of India every five years. The recommendations made by the Finance Commission are of an advisory nature and are thus not binding on the government. The first Finance Commission was constituted in 1951.
The UPSC is a constitutional body tasked with recruiting officers for All India Services and the Central Civil Services (Group A and B) through various standardized examinations. The UPSC is mandated by the Constitution for appointments to these services. It is required to be consulted by the government in matters relating to appointments, transfers, promotions, and disciplinary matters. The UPSC reports directly to the President.
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Inter-State Council is a non-permanent constitutional body
The Inter-State Council (ISC) is a non-permanent constitutional body in India. It was established in 1990 (or 1991 according to some sources) through a presidential ordinance following the Sarkaria Commission's recommendations. The Commission on Centre-State Relations, chaired by Justice R.S. Sarkaria, had recommended the establishment of a permanent Inter-State Council, or Inter-Governmental Council (IGC), under Article 263 of the Indian Constitution.
The Inter-State Council is not a permanent body as it can be established 'at any time' by the President if it is deemed to serve the public interest. It is also not a constitutional body as its source of power is not directly derived from the Constitution. The Council is an advisory body, providing a platform for structured dialogue and coordination between the central government and states on issues of common interest. Its role is to investigate and discuss subjects that impact states or the relationship between the Union and states, and make recommendations for better policy coordination.
The Inter-State Council is intended to meet regularly, but it has convened infrequently—only 11 or 12 times since its inception. The Council is chaired by the Prime Minister and includes the Chief Ministers of all states, Chief Ministers of union territories with legislative assemblies, and Lieutenant Governors and Administrators of union territories without legislative assemblies. The Council also has a Secretariat, led by a Secretary from the Government of India, which also serves as the secretariat for the Zonal Councils.
The Inter-State Council plays a crucial role in fostering communication and collaboration between states and the central government, enhancing the legitimacy and impact of its recommendations on national issues. It provides a forum for amicable discussions, helping to prevent conflicts from escalating. However, the Council's advisory capacity, irregular meetings, and lack of permanent infrastructure have limited its potential to effectively address inter-governmental issues in a timely and consistent manner.
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Frequently asked questions
The Indian Constitution does not mention the National Development Council, Planning Commission, Zonal Councils, National Human Rights Commission, NITI Aayog, State Human Rights Commission, State Information Commission, Lokpal and Lokayuktas, Central Information Commission, Central Bureau of Investigation, and Central Vigilance Commission.
A constitutional body is a body or foundation set up by the Constitution of India. They must be created or changed by passing a constitution revision bill.
Examples of Indian constitutional bodies include the Finance Commission, Union Public Service Commission, Election Commission, State Public Service Commission, National Commission for SCs, and National Commission for STs.
