Difference Between Statutory Body and Constitutional Body

By K Balaji|Updated : November 29th, 2022

The difference between a Constitutional Body and a Statutory 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 centre or the state.

Difference Between Constitutional Body and Statutory 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 understand the difference between constitutional bodies and statutory bodies.

Difference Between Constitutional Body and Statutory Body

The important difference between a constitutional body and a statutory 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 a constitutional body and a statutory body and a few examples of each.

Constitutional Body vs Statutory Body

Difference Between Constitutional Body and Statutory Body

Constitutional body

Statutory body

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.

The functions or operative mechanisms of a constitutional body 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.

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 setup.

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.

Constitutional Body and Statutory 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. In everyday use, however, there are three major kinds of bodies that one comes across:

  • Constitutional bodies,
  • Statutory bodies,
  • Regulatory bodies.

What is a 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, etc.

What is a 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.

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FAQs on Difference Between Statutory Body and Constitutional Body

  • The major difference between a Statutory Body and a Constitutional Body is that constitutional bodies are provided with the assigned article in the constitution whereas the statutory body does not have the specific mention as the constitutional body.

  • It is made by passing a constitutional bill of the amendment since the Constitution of India empowers these bodies. It is important to know that constitutional bodies cannot be established or changed any other way but the modification of the constitution

  • No, the statutory body is a non-constitutional body. They are called non-constitutional because the Indian Constitution does not mention any statutory body. However, statutory bodies are not the only non-constitutional bodies

  • Niti Ayog is neither statutory nor a constitutional body. It was established through an executive resolution of the Union Cabinet. They are not even mentioned in the Indian constitution. The Planning Commission was abolished, and this body was created. Niti Ayog is an executive body.

  • No, CBI is not a constitutional body. They are called the non-constitutional body. They are neither a constitutional body nor a statutory body. The Delhi Special Police Establishment Act, 1946, is responsible for the powers given to them

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