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1. Can anybody suggest the differences between Constitutional Body, Non-Constitutional Body and Statutory Body. How exactly they are differ from one another ? 2. What is the outcome (Body) from : a) constitutional amendment b)act of Parliament
1. Constitutional body is the body that has its name mentioned in Indian constitution. It derives power directly from the constitution. Any type of change in mechanism of this body needs constitutional amendment. Example: UPSC, Finance commission, National commission for SC/ST etc. - Non Constitutional Body: It is a body which does not find its name in the constitution of India. Hence, it can not derive power from constitution of India. Statutory body can also be called as a non-constitutional body. - Statutory Body: It is a non-constitutional body. This body is created by statute i.e. act of parliament. A cabinet resolution can be passed to establish this body. It has to rely upon its statute to derive power. Ex: Planning commission, National commission for OBCs, SEBI etc.
So, above explains that, bodies that derives power directly from the constitution (and amended ones) are the only Constitutional Bodies. Does it mean, we can not create new constitutional bodies at present and in future if their name are not mentioned in the Constitution ?? I am confused in this matter. :-/
Statutory Body: It is a non-constitutional body. This body is created by statute i.e. act of parliament. A cabinet resolution can be passed to establish this body. It has to rely upon its statute to derive power. Ex: Planning commission, National commission for OBCs, SEBI etc.
Ramesh Singh (Indian Economy - TMH) on Planning Commision: (i) An extra-constitutional (i.e. non-constitutional) and non-statutory body ...
So, above explains that, bodies that derives power directly from the constitution (and amended ones) are the only Constitutional Bodies. Does it mean, we can not create new constitutional bodies at present and in future if their name are not mentioned in the Constitution ?? I am confused in this matter. :-/
I believe Parliament can, remember there were talks of awarding constitutional status to the Lokpal, although the same provision could not be passed as the government did not have 2/3 majority.
Planning Commission is not a constitutional body. Neither a Statutory body. Because:
(a) It is not mentioned in the Constitution - hence can't be a constitutional body (b) There is no statue/Act that created the Planning Commission
Does it mean, we can not create new constitutional bodies at present and in future if their name are not mentioned in the Constitution ?? I am confused in this matter. @ashutosh_aditya No. New bodies can be created. How - By way of amendment of the Constitution. Is it possible - Yes, as long as the amendment doesn't change the 'basic structure' of the Constitution.
Extra constitutional body and non statutory body is one which is not backed by provisions of constitution or parliamentary statutes. These are created by Executive resolutions. Ex: Planning commission, NDC, NAC, PFRDA etc
In case of PFRDA there are planning to get PFRDA bill passed so as to make it a statutory body
@alexiaaicha Planning commission was established by an executive resolution of Government( Union Cabinet). Does 'Executive Resolution' is different from statue/act??
Sorry guys. I made a mistake there. Planning commission is neither a constitutional body nor a statutory body. Apologies. May be I need to revise my Laxmikant's book once. @mods please edit my post above and remove Plann. Comm. from statutory body list.
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Comments
Any type of change in mechanism of this body needs constitutional amendment.
Example: UPSC, Finance commission, National commission for SC/ST etc.
-
Non Constitutional Body:
It is a body which does not find its name in the constitution of India. Hence, it can not derive power from constitution of India. Statutory body can also be called as a non-constitutional body.
-
Statutory Body:
It is a non-constitutional body. This body is created by statute i.e. act of parliament.
A cabinet resolution can be passed to establish this body. It has to rely upon its statute to derive power.
Ex: Planning commission, National commission for OBCs, SEBI etc.
So, above explains that, bodies that derives power directly from the constitution (and amended ones) are the only Constitutional Bodies. Does it mean, we can not create new constitutional bodies at present and in future if their name are not mentioned in the Constitution ?? I am confused in this matter. :-/
(i) An extra-constitutional (i.e. non-constitutional) and non-statutory body ...
Because:
(a) It is not mentioned in the Constitution - hence can't be a constitutional body
(b) There is no statue/Act that created the Planning Commission
Does it mean, we can not create new constitutional bodies at present and in future if their name are not mentioned in the Constitution ?? I am confused in this matter.
@ashutosh_aditya
No. New bodies can be created.
How - By way of amendment of the Constitution.
Is it possible - Yes, as long as the amendment doesn't change the 'basic structure' of the Constitution.
Ex: Planning commission, NDC, NAC, PFRDA etc
In case of PFRDA there are planning to get PFRDA bill passed so as to make it a statutory body
Planning commission was established by an executive resolution of Government( Union Cabinet).
Does 'Executive Resolution' is different from statue/act??
How exactly "Resolution" is different from an "Statute/Act".....points to remember ;;)
I made a mistake there.
Planning commission is neither a constitutional body nor a statutory body.
Apologies.
May be I need to revise my Laxmikant's book once.
@mods please edit my post above and remove Plann. Comm. from statutory body list.