Wednesday 17 February 2021

#Constitutional Body, Non Constitutional body, Statuary , Judicial And Quasi Judicial Body


 Constitutional, Statutory and Quasi-Judicial Bodies

There are multiple types of government bodies in India, that we hear on a daily basis in the news. They are very important for the UPSC exam since many of them play vital roles in Indian polity and economy. In this article, you can read about constitutional, statutory, quasi-judicial, judicial and regulatory bodies.

Constitutional Bodies

Constitutional bodies are important bodies in India that derive their powers and authorities from the Indian Constitution.

  • They are specifically mentioned in the Constitution, meaning they have dedicated articles.
  • Any change in the mechanism of these bodies would require a constitutional amendment.
  • Important bodies such as the Finance Commission, the UPSC, the Election Commission, the CAG, National Commissions for SCs and STs, etc. are constitutional bodies.

Statutory Bodies in India

Do you know what are statutory bodies? These are non-constitutional bodies as they do not find any mention in the Constitution.

  • They are also important bodies due to their function.
  • They are created by an Act of Parliament.
  • They are called ‘statutory’ since statutes are laws made by the Parliament or the legislature.
  • Since these bodies derive their power from statutes or laws made by the Parliament, they are known as statutory bodies.

List of Important Statutory Bodies in India 

The table below provides you with the updated list of Statutory Bodies, notes of which will be important for the UPSC Prelims & Mains examinations.

Statutory Body in India

Act

Securities & Exchange Board of IndiaSEBI Act, 1992
National Human Rights CommissionProtection of Human Rights Act, 1993
National Commission for WomenNational Commission for Women Act, 1990
National Commission for MinoritiesNational Commission for Minorities Act, 1992
National Green TribunalNational Green Tribunal Act 2010
Armed Forces TribunalArmed Forces Tribunal Act 2007
Unique Identification Authority of IndiaAadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016
Central Vigilance CommissionCentral Vigilance Commission Act 2003
Commission for Air Quality Management in the National Capital Region (NCR) and Adjoining AreasCommission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2020
National Commission for Protection of Child RightsCommissions for Protection of Child Rights (CPCR) Act, 2005
Competition Commission of IndiaCompetition Act, 2002
National Legal Services AuthorityLegal Services Authorities Act, 1987
National Bank for Agriculture and Rural DevelopmentNational Bank for Agriculture and Rural Development Act, 1981


Regulatory Bodies in India

Regulatory bodies are public or government agencies responsible for exercising autonomous authority over some area of human activity in a regulatory or supervisory capacity.

  • Some regulatory bodies are independent, which means they are independent of any branch of the government.
  • They are set up to enforce safety and standards.
  • They have the charge of establishing norms of a particular area of human activity, and also supervising the bodies employed in that activity.
  • They are established by legislative acts. 
  • Examples of the regulatory body are given in the table below:

Important Regulatory Bodies in India

Regulatory BodySector 
RBIBanking, monetary policy and finance
Insurance Regulatory and Development Authority of India (IRDAI)Insurance 
Pension Fund Regulatory & Development Authority (PFRDA)Pension
National Housing Bank (NHB)Housing finance
Telecom Regulatory Authority of India (TRAI)Telecom and tariffs
Central Board of Film CertificationFilm certification and censorship
Food Safety and Standards Authority of India (FSSAI)Food safety
Bureau of Indian Standards (BIS)Standards and certification
Board of Control for Cricket in India (BCCI)Cricket 

Executive Bodies

These bodies are non-constitutional and non-statutory. 

  • They are not mentioned in the Constitution.
  • They are also not established by an act of Parliament.
  • They are formed by executive resolution or action, which means that they are formed by the government’s action only.
  • They can be converted into a statutory body by enacting a law. For example, the UIDAI was made into a statutory body after it was established by enacting a new law.

List of Executive Bodies

Non-Constitutional Body/Executive Body

NITI AYOG
NATIONAL DOVELOPMENT COUNCILE (NDC)
CENTRAL BUREAU OF INVESTIGATION (CBI)
LOKPAL AND LOKAYUKTS

Judicial Bodies

Judicial bodies are courts in India. Their chief objective is to provide justice by following the laws of the land.

Read about Supreme Court and High Court from the linked articles below:

  1. Supreme Court of India SC 
  2. High Court HC

Quasi-judicial Bodies

A quasi-judicial body can be an individual or body with powers resembling a court of law.

  • They can adjudicate and decide penalties on the guilty.
  • They are different from judicial bodies in that their field is limited compared to a court.
  • They can be formed on a matter pending in court, by court order if the court considers it necessary; the court reserves the right to appoint members of such a body.
  • They can be tribunals for a specific domain, or like an arbitrator.
  • Quasi-judicial bodies have adjudicating powers in such matters as:
    • Breach of discipline
    • Trust in money matters or otherwise
    • Conduct rules
  • Their authority is limited to specific areas like:
    • Financial markets
    • Land use and zoning
    • Public standards
    • Employment law
    • Specific set of regulations of an agency
  • Decisions of a quasi-judicial body are often legally enforceable under the laws of a jurisdiction.

List of Quasi-Judicial Bodies in India are:

  1. National Green Tribunal
  2. Central Information Commission
  3. National Human Rights Commission
  4. Tribunal
  5. SEBI

Note: A single body can be a statutory, regulatory, and quasi-judicial body

Difference between Judicial and Quasi-judicial Bodies

  • Judicial decisions are bound by precedent in common law, whereas quasi-judicial decisions are generally not.
  • Judicial decisions may create new laws, but quasi-judicial decisions are based on existing law.
  • Quasi-judicial needn’t adhere to strict judicial rules (of procedure and evidence).
  • Quasi-judicial bodies can hold formal hearings only if they are mandated to do so as per their governing laws.

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