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?
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.
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
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
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