Jonah Patel
India's constitutional bodies are essential to the country's democratic functioning and governance. They are established by the Constitution of India and play a vital role in upholding its principles, ensuring smooth democratic functioning, and striving towards ideals of justice, equality, and integrity. These bodies have specific roles and responsibilities outlined in the Constitution and can only be changed through a constitutional amendment bill. Examples of constitutional bodies include the Election Commission of India, Finance Commission, and National Commission for Scheduled Castes. However, some bodies, such as the National Human Rights Commission, NITI Aayog, and Central Information Commission, are not constitutional bodies as they are not formed by government action or mentioned in the Indian Constitution.
| Characteristics | Values |
|---|---|
| Bodies not formed by government action | 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 |
| Bodies that are constitutional | 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 |
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What You'll Learn
National Human Rights Commission
The National Human Rights Commission (NHRC) of India is an independent body set up under the Protection of Human Rights Act 1993 (PHRA), as amended by the Protection of Human Rights (Amendment) Act, 2006. The NHRC has a broad mandate to promote and protect the human rights guaranteed in the Constitution of India and enshrined in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
The NHRC is tasked with:
- Inquiring into and investigating complaints of human rights violations, either suo motu or on petition.
- Intervening in any court proceedings involving allegations of human rights violations.
- Undertaking other functions necessary for the promotion of human rights.
The chairperson and members of the NHRC are appointed by the President of India, on the recommendation of a committee. The committee is made up of:
- The Prime Minister of India, who acts as chairperson.
- The Speaker of the House of the People.
- The Home Minister of India.
- The Leader of the Opposition in the House of the People.
- The Deputy Chairman of the House of the People.
- The Minister of Law and Justice.
- Five individuals of eminence in the field of human rights, selected by the committee.
The NHRC includes one member who is, or has been, a Judge of the Supreme Court of India, and one member who is, or has been, the Chief Justice of a High Court. There are three other members, one of whom must be a woman, appointed from among individuals with knowledge of or practical experience in human rights matters. The sitting Judge of the Supreme Court or sitting Chief Justice of any High Court can only be appointed after consultation with the Chief Justice of India.
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NITI Aayog
The NITI Aayog council is made up of all state Chief Ministers, the Chief Ministers of Delhi and Puducherry, Lieutenant Governors of all UTs, and a vice-chairman nominated by the Prime Minister. Additionally, temporary members are selected from leading universities and research institutions, including a chief executive officer, four ex-officio members, and three part-time members.
Some of the initiatives undertaken by NITI Aayog include the development of a State Statistics Handbook, which consolidates key statistics for every Indian state and UT. It has also taken an interest in blockchain usage in e-governance, with the ambitious India Chain project aiming to develop a nationwide blockchain network.
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National Development Council
The National Development Council (NDC) is an executive body established by the Government of India in August 1952. It is not a constitutional body. The NDC is the apex body for decision-making and deliberations on development matters in India. It is presided over by the Prime Minister, who acts as the chairman, and includes all Union Ministers, Chief Ministers of all the States, Administrators of Union Territories, and Members of the
The NDC was set up to strengthen and mobilize the effort and resources of the nation in support of the Five-Year Plans made by the Planning Commission, to promote common economic policies in all vital spheres, and to ensure the balanced and rapid development of all parts of the country. The Council provides a platform for all the states to discuss their problems and issues related to development. The major objectives of the NDC are:
- To strengthen and mobilize the effort and resources of the nation in support of the Plan.
- To promote common economic policies in all vital spheres.
- To ensure the balanced and rapid development of all parts of the country.
- To consider important questions of social and economic policy affecting national development.
- To review the working of the Plan from time to time.
- To recommend measures that are necessary for achieving the aims and targets set out in the National Plan.
The 56th meeting of the NDC was held on 22 October 2011 to consider the 12th Plan approach paper. The meeting was chaired by Prime Minister Manmohan Singh. The 57th meeting of the National Development Council was held on 27 December 2012 at Vidhan Bhavan, Mumbai. It has been proposed to abolish the NDC, but no resolution has been passed to do so. Since the inception of NITI Aayog's Governing Council, the NDC has had no work assigned to it.
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Election Commission
The Election Commission of India (ECI) is a constitutional body established by the Constitution of India to conduct free and fair elections in the country. The ECI operates under the powers granted by Article 324 of the Constitution and the Representation of the People Act. It is responsible for overseeing elections to the national and state legislative bodies, as well as the offices of the president and vice-president. The ECI also decides on the dates for the filing of nominations, voting, result counting, and announcement.
The ECI is headed by a Chief Election Commissioner, who is appointed by the President of India on the recommendation of a selection committee. This committee is headed by the Prime Minister and includes the leader of the opposition in Lok Sabha and a member of the Union Council of Ministers, nominated by the Prime Minister. The current structure of the ECI, with a Chief Election Commissioner and two other Election Commissioners, was established in 1993.
The Election Commission plays a vital role in scrutinizing and accepting applications from candidates intending to contest elections. A person can be disqualified from contesting if they provide incorrect or incomplete information in their affidavits or have been convicted and sentenced to jail for two or more years. The ECI also sets limits on poll-related expenditure by candidates during election campaigns.
To improve the efficiency and integrity of the election process, the ECI introduced Electronic Voting Machines (EVMs). These machines were first trialled in 1982 and, after successful testing and legal inquiries, were introduced on a large scale. The ECI also operates various electronic media platforms, including websites and mobile applications, to enable functions such as addressing grievances, checking electoral rolls, and disseminating information on candidates.
As a constitutional body, the Election Commission of India plays a pivotal role in upholding the principles of Indian democracy. It ensures that elections are conducted freely and fairly, promoting transparency and accountability in the democratic process.
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Finance Commission
The Finance Commission is a constitutional body in India that deals with the allocation of certain revenue resources between the Union and State Governments. It was established under Article 280 of the Indian Constitution by the Indian President. The Finance Commission is appointed by the President and consists of a chairman and four other members. The chairman is selected from people with experience in public affairs, while the other four members are selected from people who are or have been judges of a high court or are qualified to be so. The tenure of the office of the members of the Finance Commission is specified by the President, and they may be re-appointed. The members are paid salaries and allowances as per the provisions made by the Central Government. The Finance Commission makes recommendations to the President on issues such as the distribution of net tax proceeds between the Centre and the states, the allocation of the same between states, and the principles governing grants-in-aid to the states by the Centre out of the Consolidated Fund of India. The Finance Commission also recommends measures to augment the Consolidated Fund of a State to supplement the resources of the panchayats and municipalities in the state, based on the recommendations made by the state Finance Commission.
The Finance Commission is an institutional framework to facilitate Centre-State transfers. It defines the financial relations between the central government of India and the individual state governments. The individual commissions operate under different terms of reference, which include the terms of qualification, appointment, disqualification, term, eligibility, and powers of the Finance Commission. The recommendations made by the Finance Commission are of an advisory nature and are not binding on the government. The government has the discretion to implement the recommendations regarding granting money to the states.
The First Finance Commission was constituted in 1951, and since then, fifteen Finance Commissions have been constituted. The Fifteenth Finance Commission, constituted in 2017, was chaired by Nand Kishore Singh, with Shaktikanta Das and Anoop Singh as full-time members, and Ramesh Chand and Ashok Lahiri as part-time members. The most recent Finance Commission was constituted on 31 December 2023, chaired by Arvind Panagariya, former Vice Chairman of NITI Aayog. The Finance Commission usually takes about two years to make its recommendations.
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Frequently asked questions
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 are not constitutional bodies.
A constitutional body in India is a body or institute established by the Constitution of India. They can only be created or changed by passing a constitutional amendment bill, rather than an Act of Parliament.
Examples of constitutional bodies in India include the Election Commission, Finance Commission, Union Public Service Commission, and the National Commission for SCs and STs.
