Difference Between Statutory Body and Constitutional Body
By BYJU'S Exam Prep
Updated on: November 14th, 2023
The difference between Statutory Body and Constitutional Body is that a statutory body is not specifically mentioned in the constitution of India, but the constitutional body is. The statutory body is mostly autonomous. The purpose behind setting up different bodies, such as the Constitutional body and Statutory body, is to administer law and order in the country is to offload some case burden from the main judicial arm of the center or the state.
Difference Between Statutory Body and Constitutional Body PDF
Each of these bodies has its own scope of operation, limits, and extent of autonomy and jurisdiction. They perform their functions differently and have different appointment and hearing case methods. In this article, let’s learn the major differences between Statutory Body and Constitutional Body.
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Difference Between Statutory Body and Constitutional Body
The important difference between statutory body and constitutional body is that the constitutional body cannot modify mechanisms without changing the constitution. But, the statutory body can have such modifications. The table below highlights the major points of difference between constitutional body and statutory body along with a few examples of each.
Constitutional Body vs Statutory Body
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Difference Between Statutory Body and Constitutional Body |
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Constitutional body |
Statutory body |
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The Constitution of India states these bodies through dedicated articles that detail their functions and operative ambits. |
Statutory bodies are not mentioned anywhere in the Constitution of India. |
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A constitutional body’s functions or operative mechanisms cannot be changed unless the Constitution of India is amended. |
Statutory bodies come into existence through Acts of the Parliament; therefore, through passing acts, the functions of a statutory body can be defined or modified. |
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The members of a constitutional body are appointed by special committees or by the higher governmental offices (like the President of India or others). |
Statutory bodies have members that can be appointed by either the President or by entities of authority under which the statutory bodies are set up. |
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Some examples of Constitutional bodies in India are the Attorney General of India, the National Commission for Scheduled Castes, the National Commission for Scheduled Tribes, the National Commission for Backward Classes, etc. |
Some popular examples of statutory bodies in India are National Commission for Women, Central Vigilance Commission, National Green Tribunal, etc. |
Statutory Body and Constitutional Body
In order to maintain law and order in the country and promote civil behaviour amongst the citizens of India, various types of Bodies and tribunals exist that help enacts, administer and enforce laws.
- They can be viewed as quicker, less busy channels for hearing cases.
- A primary difference between statutory body and constitutional body is that a statutory body cannot be a constitutional body but can be an autonomous body. In contrast, a constitutional body cannot be a statutory body but can be an autonomous body.
In everyday use, however, there are three major kinds of bodies that one comes across:
- Constitutional bodies,
- Statutory bodies,
- Regulatory bodies.
What is Statutory Body?
Statutory bodies are the entities that come into being through enacting an Act of Parliament. Statutory comes from the word Statute, which is essentially laws passed by the legislature or the Parliament. These bodies are not mentioned in the Constitution of India, hence are termed non-constitutional bodies.
- Statutory bodies can also pass a law as they are authorized to do so.
- A few examples of statutory bodies are National Green Tribunal, National Human Rights Commission, National Commission for Minorities, etc.
What is Constitutional Body?
Constitutional bodies are the entities that derive mentions from the Constitution of India. These bodies are immensely important; to change the mechanism of operation, there would first need to be an amendment in the Constitution itself.
- Additionally, these bodies are defined by their own dedicated articles in the Indian Constitution.
- Such bodies are not possible to be statutory bodies.
- Examples of constitutional bodies are Finance Commission, Election Commission, UPSC (Union Public Service Commission), etc.
Conclusion:
Key Difference Between Statutory Body and Constitutional Body
The key Difference Between Statutory Body and Constitutional Body is that a Statutory Body is formed by an ordinance enacted by the parliament, which explicitly quotes the purposes for creation, their make-up, and powers. In contrast, a Constitutional body finds substantial recognition in the constitution, like holding a portion of the constitution or an article representing its position.
