[Polity] Constitutional body vs statutory body.

From a question asked in IO forum

Please tell me the basic difference between a Constitutional body and a Statutory body? I got confused from this case:- Panchayati Raj bodies were created after amending the constitution and Central Administrative Tribunal was also created after amending the constitution but former is a constitutional body whereas other is a statutory body.Both were created after amending the consitution, both have origin from a constitutional article and both were implemented by an act of Parliament, so why they have different nomenclature?

My answer:-

A statutory body

can simply be abolished by an act of the parliament with simple majority.

Parliament could get tired of them and get rid of them easily.

e.g. CAT,CVC,CIC.

Constitutional authorities,

on the other hand, are written into the Constitution of a nation

and can’t be abolished without amending that part of the Constitution which sometimes also requires consent of the states. And also can be invalidated by the Supreme court.

e.g. EC,CAG,SC/ST Commission.

Immunities given to Constitutional bodies

1. they can be removed : only on proved misbehavior. and its the Supreme court that Decided whether they misbehaved or not. = their office doesn’t depend on the ruling party’s majority in the Parliament.

2. their salary, powers and rights are mentioned in the Constitution itself-and parliament can’t reduce it once they’re appointed. Its charged on the Consolidated Fund of India = Parliament can’t vote on It during budget. (however the salary can be reduced if President declares a financial emergency.)

and if parliament wants to do this- then they need to amend the Constitution. and Supreme Court has power to invalidate it, if found inconsistent with the basic principles/Structure.

Such immunities are not enjoyed by Statutory bodies.

the main difference we can say is the Word may and Shall

CAT

323A. (1) Parliament may, by law, provide for the Administrative

adjudication or trial by administrative tribunals of tribunals.

so following this ‘May’ – parliament made an Act to provide for CAT hence its statutory.

there is no Constitutional obligation on the parliament / Central Govt. to make a law to appoint CAT etc.

so-their office can simply be abolished by an act of the parliament with simple majority and Supreme court can’t repeal it because of the discretion given to parliament regarding this part.

Panchayati Raj ( Constitutional body)

on the other hand for for Panchayati Raj (for Constitutional body)

as 243B. (1)

There shall be constituted
in every State,

Panchayats at the village, intermediate and district levels

in accordance with the provisions of this Part.

the ‘shall’ means – it must be formed – doesn’t depend on the mood and majority of the parliament /states.here its the Constitutional obligation on the Govt. form Panchayati Raj bodies.

if State Govt. obstructs it- then it amounts to ‘state Govt. unable to carry out business as per provisions of Constitution’= President’s rule can be declared.

other ‘Shalls’ in the Constitution (Constitutional bodies)…

CAG ( Constitutional body)

148. (1) There shall be a Comptroller
and Auditor-

General of India who shall be appointed by the President

by warrant under his hand and seal and shall only be

removed from office in like manner and on the like

grounds as a Judge of the Supreme Court.

EC( Constitutional body)

324. (1) The superintendence, direction and contro

of the preparation of the electoral rolls for, and th

conduct of, all elections to Parliament and to th

Legislature of every State and of elections to the office

of President and Vice-President held under thi

Constitution shall be vested in a Commission.

(referred to in this Constitution as the Election
Commission).

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praveen kumar

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i want brief detailed abot this topic

Anonymous

really very very informative thanks,,,

Balamurali Krishna

Difference between the majorities:- { Simple, Special, Absolute and Impeachment }

Simple
Simple majority refers to normal majority (50% above) of present members in the house. i.e.) absentee are excluded.

Eg) total no. of members in house =100, Present = 70 and Absentee = 30
Then simple majority 50% above in present members, i.e.) 35+

This is applied in
• normal bill passing,
• creation/altering of boundaries and names of state

Absolute
Absolute majority refers to a kind of majority where normal majority (50% above) of total members in the house. i.e.) attendance made compulsory

Eg) total no. of members in house =100,
Then absolute majority 50% above in the total members, i.e.) 50+

This is applied in the removal procedure for
* Chairman (Vice President of India), Deputy Chairman of Rajya saba
* Speaker, Deputy Speaker of Lok sabha

Impeachment
Impeachment is a term exclusively used for “removing the President”, for others only the word “Removal” is used.
Impeachment refers to 2/3rd majority of the total number of members in the house

Eg) total no. of members in house =100,
Then impeachment majority 66.66% above in total members, i.e.) 67+

Special
Special majority refers to a kind of complicated majority where it requires
2/3rd majority of the present members in the house + absolute majority

Eg) total no. of members in house =100, Present = 70 and Absentee = 30
Then special majority requires
2/3rd of present members = 47+ (i.e. 66.66% of 70)
plus
Absolute majority 50% above in the total members, i.e.) 50+

This is applied in
• creation and abolition of state legislative council
• constitutional amendment
• judges removal
• election commissioner removal
• CAG removal

balaji

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in our constitution absolute majority alone is not used for any purpose rather it is along with other majority’s as per articles..
keerti

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This was very helpful..Thankyou very much for d info..

Caution Notes:

1) For creation and abolition of state legislative council, special majority is used by state legislature but when it is passed to parliament, simple majority is used….

2) For declaring Presidential rule (constitutional Emergency) in state, simple majority

3) For declaring Financial Emergency, simple majority

4) For declaring National Emergency, SPECIAL majority needed from both the houses but for closing National
Emergency, SIMPLE majority is alone enough from Lok sabha only…

love shandilya

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NYC INFO

prabhat

Each house pass the bill separately in case any disagreement there is no provision for holding a joint sitting of the houses for the purpose of deliberation and passage of the bil,

sandeep

In case of a special majority required to pass a bill, it is given that 2/3 majority of the members present and voting is required, along with majority of 50 percent of the total number of memberf the house is required.
If a house contains a total membership of 100, if 70 are present among them then 2/3 majority of 70 means 47 members, on the other hand 50 of total membership is 50 members. Here what is actually required is it 47 member majority or 50 member majority or highest among them, please explain

v

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it needs highest among both…in this case – 50

VARUN SOMAN

I FOUND THIS ARTICLE WHILE SURFING, IT IS RELEVANT HERE
http://blogs.timesofindia.indiatimes.com/the-real-truth/entry/take-it-anna-bjp-lokpal-could-be-a-constitutional-body

A Constitutional body is set up under specific instructions given in the Constitution. It is mandatory for the government to set up such a body and it cannot dispense off with it easily when it becomes uncomfortable. On the other hand, Statutory bodies are set up by statutes which Parliament and State Legislatures can pass. Since there is no instruction to set up these bodies in the Constitution, there is no obligation on the Parliament or State Legislatures to set them up. The main difference is that a Constitutional body must exist even if Parliament is unhappy with it – while a Statutory body can be disbanded if Parliament wants to do so with a relatively simple process. By making the Lokpal a Constitutional body, the Congress is giving it far more teeth than any statutory body can ever have.

Let’s look at this closely. Take the Constitutional body called the CAG (the one that has caused so much pain to the Congress – at least partly perhaps for reasons of political motivation). The CAG is not an option for the Indian Parliament. The Constitution specifically says that it must be created (the specific word used in the Constitution is “shall”). Art 148 of the Constitution says that “there shall be a Comptroller and Auditor General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in the manner and on the like grounds as a Judge of the Supreme Court”. This article makes it mandatory to set up the CAG. Likewise the Election Commission of India has been set up under Article 324 of the Constitution which reads as follows: “The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to Parliament and to the Legislatures of every state and of elections to the office of President and Vice President held under this Constitution shall be vested in a Commission”. Again, the word shall makes it mandatory to set up the EC. On the other hand, a statutory body “may” be set (not “shall”). For example the CAT (Central Administrative Tribunal) was not set up under the Constitution but only enabled by it. Article 323A of the Constitution prefers to use the word may rather than shall when it says that “Parliament may, by law, provide for the administrative adjudication or trial by administrative tribunals….” Clearly, there is no constitutional obligation on Parliament or the Central government to make a law to create a CAT.

The second big difference between a Constitutional body and a Statutory body is in the manner in which it can be abolished. A Statutory body can be abolished by a mere simple majority (50% of members present and voting) and hence the ruling government alone can abolish it if it feels the the heat from it. On the other hand, a Constitutional body needs a 2/3rds majority of the full Parliament (not only members present) to be abolished. Even this can only be done when there are grounds for proven misbehavior or incompetence. The only way in which a Constitutional body can be abolished is by another amendment to the Constitution – but since the Supreme Court is the watchdog of the Constitution, it may intervene if it finds the amendment out of line. The SC however cannot intervene if a Statutory body is abolished since its existence is not mandated by the Constitution. Net net, the abolition of a Constitutional body cannot be arbitrary. As a result, a Constitutional body is totally independent of the ruling government (the Executive). Sometimes, this strict procedure for “impeachment” leads to its own problems – for eg., many of us fret that since independence, no judge of the HC or SC has ever been impeached for corruption charges by Parliament.

A Constitutional body is also financially independent of the Executive. As also in respect of its powers and rights. All this is mentioned in the Constitution itself and Parliament cannot reduce them once the body has been created. The salaries of the officials of the body are charged to the Consolidated Fund of India. The Parliament cannot vote on it during budget discussions. The only way the salaries of the officials of a Constitutional Body can be lowered is when the President declares a financial emergency. Just for the record – India has never declared financial emergency in its 64 years of existence.

Yet another advantage of a Constitutional Body is that it has to be set up in EVERY STATE. It’s no longer discretionary for the states to have a Constitutional Body. As a result, it is protected from local politics at a state level.

It’s because of such strict rigidities of Constitution bodies that Parliamentarians rarely create them. Parliament often tries to avoid giving constitutional status to bodies so that it can later clip their wings if required.

Mrunal

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thanks Varun.
dalchand agrawal

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The Best!

kumar naveen

hello mrunal sir,
plz clarify the presidential election through proportional representation by means of single transferable vote in ur own as ussual language
thanking u

jayesh shah

really very informative work. keep continue..

punith

hello mrunal sir,
plz clarify the presidential election through proportional representation by means of single transferable vote in ur own as usual language
thanking u. .

happy

Can a new constitutional body be created by the parliament?

v

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yes..

balamurli krishna

Plz help.. If Panchayat Raj is an constitutional body ? then the chairman of the panchayat receives his/her salary from consolidated fund of India ?

Petroleum Engineer

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the answer is yes.
- nishat
  
  Reply to this comment
  
  consolidated fund of state(not india) as local govt. is a state subject..

Deepak Singh

Mrunal Please Confirm whether CVC is a statutory body or not as you have mentioned in the example. I read somewhere that CVC too is a constitutional body. Correct me if I’m wrong.

Mrunal

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CVC is statutory body, page 48.1, M.Laxmikanth.

Also, Can you tell whether National Commissioner Linguistic Minorities is constitutional body or not ? This question came in CDS exam held on 17 Feb, 2013.

Manu

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It is constitutional body . part 7, M.Laxmikanth.

mallika

hi mrunal,thanks for info..could you please clear my doubt regarding the constitutional and statutory body… are statutory/constitutional bodies answerable to any ministries regarding their work and performance

Avnish kushwaha

some confusions are removed from above discussions……

ashwin

Hi Mr. Mrunal, what’s the difference between schedules an parts in constitution. Nobody is explaining it ina clear way. Please will you

ABHIMANYU

what is the difference between Extra-constitutional body & Statutory Body???

Mrunal

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A statutory body derives its structure / power /functions from some law that is passed either by parliament or State legislative assembly.
While Extra Constitutional body (e.g. planning Commission) derives its structure / power / functions from an executive order / Allocation of Business Rules.
- ABHIMANYU
  
  Reply to this comment
  
  Hi mrunal,
  Thnx for replying.
  
  is there any difference b/w a legal body & statutory body or they r same??
  
  also a quasi-judicial body has the powers equivalent to wat lvl court???

Binod Kumar

Could u please clarify the difference between extra constitutional and non constitutional body, if any !!

Thanks in anticipation !!

Vishal

Planning commission is which type of body ?

komal kashyapk.komal

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its a exta constitutional and non statutory body.
- aditya
  
  Reply to this comment
  
  PM or any member of the Executive(President+VP+PM+Cabinet Ministers+Attorney General) wants a body to be set up..they have the power to do so..these bodies are called ‘Executive Body’. Similar to Plan Comm, the 12th Law Commission recently set up is also an Exec body (i.e Extra constitutional)….

nilesh

will u please provide me the examples of statutory ; non-statutory ; extra-constitutional bodies? please possibly include maximum examples.

Vaibhav

Can some one please list down all the constitutional bodies of India? The answers found on google search are incorrect everywhere.

dhimman

Extra Constitutional Bodies
Planning Commission

History
demanded by FICCI proposal(1934)
and Recommended by Adv Planning board/Chairmen KC Neogi
Created in 1950 by executive resolution

Role Advisory

Composition
Chairman PM
DyChairman appointed by cabinet
• De facto exe head
• Draft FYP
• Cabinet minister rank
• Attend cabinet meeting
Part time members
Ex officio members Planing Minister and FM

Functions
a) Assessment of Country resources
b) Plan formulation
c) Plan stages and pririties
d) Factors that retard Eco. Development
e) Nature of machinery required
f) appraise

Critical Evaluation
“Super cabinet” ARC
“Economic Cabinet” Ashok Chanda
“Planning has superseded the federation” K Santhanam
“Overlapping of functions and responsibilities of PC&FC”PV Rajamannar
National Development Council

History
Recommended by Ist FYP draft outline

Composition PC+ State representation i.e.
Chairman PM
All union cabinet minister
CM of all states
CM/Adm. Of all UT’s
Secretry : same as of PC

Functions
• secure cooperation of states
• Promote common eco policy
• Ensure balanced and rapid development of all parts of country
• To strengthen and mobilize the efforts and resources of the country

Critical Evaluation

Statutory Bodies
CIC, NCW, NC for Minorities,NCBC, NHRC, CVC, NCPCR
Central Information Commission

History estd.by gazette notification Under RTI act 2005

Role(Advisory/Binding)

Term 5/65

Pay = CEC

Further Employment

Composition CIC+not more than 10 IC

Appointment By Prez .

Rec Committee PM+LO Oppo. In LS +Union cabinet minister nominated by PM

Removal Prez in case of Misbehavior after SC enquiry

Functions information

Report to Govt.

National Human Right Commission
History estd. Under a legislation under Protection of Human Right Act 1993 amended in 2006

Role Recommendatory

Term 5/70

Pay = determined by Central Govt.

Composition 1Chairman +4 members

Rec Committee PM+HM+LS Spkr+RS Dy Chairman+LO Oppo. In LS + LO Oppo. In RS

Functions watch dog of human Rightsproceedings have judicial character+should enquire within 1 yr+no power to punish+armed forces kept out of purview.
Report to Govt.

Central Vigilance Commission
History Estd. In 1964 by an executive resolution, recommended by Santhanam Committee on Prevention of Corruption (1962-64)
In 2003 become Statutory a body acc. To law passed by Parl.

Role: Recommendatory

Pay = UPSC.

Composition 1Chairman +2 members

Appointment By Prez . under his hand and seal

Rec Committee PM+HM+ LO Oppo. In LS

Functions Enquire under PCA 1988+Supritendence over DSPE+tender advice to Govt.

Report : PreZ.

chandan

tell me gk lic aao, upload some mattrial

Nidip

Even though CVC is a statutory body its expenditure is charged to consolidated fund and not subject to vote whereas election commission despite being a constitutional body , its expenditure is subject to vote .

Aarav

mrunal bahai ,

you are super talented . God Bless You.

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[Polity] Constitutional body vs statutory body.

My answer:-

A statutory body

Constitutional authorities,

Immunities given to Constitutional bodies

the main difference we can say is the Word may and Shall

CAT

Panchayati Raj ( Constitutional body)

CAG ( Constitutional body)

EC( Constitutional body)

42 comments to [Polity] Constitutional body vs statutory body.

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Edu Tech

[Polity] Constitutional body vs statutory body.

My answer:-

A statutory body

Constitutional authorities,

Immunities given to Constitutional bodies

the main difference we can say is the Word may and Shall

CAT

Panchayati Raj ( Constitutional body)

CAG ( Constitutional body)

EC( Constitutional body)

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