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Difference between Constitutional Body, Non-Constitutional Body and Statutory Body

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Comments

  • what is the difference between acts and resolution?
  • Resolution is a proposition which is passed with determination in any house of the legislature. When the resolution is a 'sense of the house'/statutory resolution, it must be followed by a bill giving effect to such a resolution, @sushanta123 .
  • 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.
    very wrong example of PC as Statutory body. Here's an expert from Laxmikant's book
    It was established by an `executive resolution` of GoI. Thus, PC is neither a constitutional body nor a statutory body. In other words, it is a non-constitutional body or extra-constitutional body(i.e. not created by the Constitution) and a non-statutory(i.e. not created by an act of Parliament).

    My conclusion : a body can have following three sources of origin/derivation :
    Constitution > Parliament > Executive Order
    and accordingly these bodies will be called as :
    Constitutional body > Statutory body > non-constitutional(extra-constitutional body)
  • edited January 2016

    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 ...
    :|
    @Vinci R.Singh is absolutely right and in tune with Ch 48 of Laxmikanth on Planning Commission.
    Infact Vinci is Wrong in stating Statutory as non-constitutional body. non-constitutional bodies are of "last-resort kind" which has no mention in constitution nor is it enacted through any act. It is created by an executive Resolutions.
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