Omar Bennett
In the United States, independent agencies are those that exist outside of the federal executive branch. While they are constitutionally part of the executive branch, they are independent of presidential control. In India, extra-constitutional bodies are those not defined in the constitution but formed by a statute or by executive action of the government. These include statutory bodies, formed by passing a law by parliament or state legislature, and executive bodies, formed by executive order of the government. Examples of extra-constitutional bodies in India include the National Human Rights Commission and the National Green Tribunal.
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What You'll Learn
Statutory Bodies
Extra-constitutional bodies are those that are not defined in the Constitution of India but are formed by statute or by executive action of the government. They can be further divided into two types: statutory bodies and executive bodies.
Examples of statutory bodies include the Securities and Exchange Board of India (SEBI), the National Green Tribunal (NGT), the Insurance Regulatory and Development Authority of India (IRDAI), the Central Vigilance Commission (CVC), the University Grants Commission (UGC), the National Commission for Women (NCW), the Telecom Regulatory Authority of India (TRAI), and the Reserve Bank of India (RBI).
It is important to note that some bodies can be converted into statutory bodies by enacting a law. For example, the UIDAI became a statutory body after its establishment through the enactment of a new law.
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Executive Bodies
Extra-Constitutional Bodies are agencies that are not defined in the Constitution of India but are formed by statute or executive action of the government. Executive Bodies are a type of Extra-Constitutional Body formed by the executive order of the government. They are formed without the approval of parliament or state legislatures. Most of the time, governments pass an executive resolution to constitute these bodies. Examples of Executive Bodies include SEBI, the National Human Rights Commission, and the National Green Tribunal.
The UPSC, State Public Service Commissions, CAG, Election Commission, and Finance Commission are all constitutional bodies of great national importance.
Constitutional bodies are defined in the Constitution, whereas Extra-Constitutional Bodies are not. Extra-Constitutional Bodies are formed by statute or executive action, and they are further divided into Statutory Bodies and Executive Bodies.
Statutory Bodies are formed by passing a law in the parliament of India or by the respective state legislature. They are governed by respective central and state acts.
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Independent agencies
There is a distinction between independent executive agencies and independent regulatory agencies. The former includes agencies like the Environmental Protection Agency, whose heads serve "at the pleasure of the president" and can be removed without cause. Examples of independent regulatory agencies include the Securities and Exchange Commission, the Federal Reserve, and the Commodity Futures Trading Commission. The heads of these agencies can only be removed for cause.
The Supreme Court decisions in Myers v. United States and Humphrey’s Executor v. United States have long formed the basis for assessing Congress's power to provide for-cause removal protections. Officials who exercise quasi-judicial and quasi-legislative functions, particularly as members of multi-member commissions or boards, can be afforded for-cause protection.
Examples of independent agencies include NASA, the National Archives and Records Administration (NARA), the National Credit Union Administration (NCUA), and the National Labor Relations Board (NLRB).
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Extra-Constitutional Bodies
Statutory Bodies
These are bodies formed by passing a law by either the parliament of India or the respective state legislature(s). Examples include SEBI, the National Human Rights Commission, and the National Green Tribunal. These bodies are governed by respective central and state acts.
Executive Bodies
These are bodies formed by an executive order of the government. They do not require approval from parliament or state legislatures. Most of the time, governments pass an executive resolution to constitute these bodies.
In the United States, independent agencies are those that exist outside of the federal executive branch. While they are constitutionally part of the executive branch, they are independent of presidential control. This is usually because the president's power to dismiss the agency head or a member is limited.
To summarise, Extra-Constitutional Bodies are formed outside the boundaries of a country's constitution, but they still serve important functions and are formed through official channels.
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Executive Branch agencies
The Executive Branch of the United States government is established by Article Two of the United States Constitution. The Executive Branch carries out and enforces federal laws, and its power is vested in the office of the President of the United States. The President is the head of the Executive Branch, and the Vice President supports them. The Constitution states that the President and Vice President are to be elected at the same time, for the same term, and by the same constituency.
The Executive Branch includes executive departments, independent agencies, and other boards, commissions, and committees. The President nominates the heads of federal agencies, and Congress confirms or rejects these nominees. The President also enforces federal laws and commissions all the officers of the United States.
While the Constitution does not require a formal Cabinet, it authorises the President to seek advice from the principal officers of the various departments as they perform their official duties. The President may fill critical federal executive vacancies unilaterally but temporarily when the Senate is in recess. Such appointments expire at the end of the next Senate session, and the appointee must be formally nominated by the President and confirmed by the Senate to continue serving.
Independent agencies are those that exist outside of the federal executive branch but are still constitutionally part of it. They are independent of presidential control, and the President's power to dismiss the agency head or a member is limited.
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Frequently asked questions
Extra-constitutional bodies are those that are not defined in a country's constitution but are formed by a statute or by executive action of the government.
Some examples of extra-constitutional bodies in India include SEBI, the National Human Rights Commission, and the National Green Tribunal.
Independent agencies of the US federal government are those that exist outside of the federal executive branch. They are independent of presidential control, as the president's power to dismiss the agency head or a member is limited.
Some examples of independent agencies in the US include the Federal Trade Commission, Securities and Exchange Commission, and the Environmental Protection Agency.
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