Indian Polity & Constitution
🔒 Log in to trackConstitutional & Statutory Bodies (with current heads)
🔒 Log in to trackConstitutional vs statutory bodies — with current heads (as on 23 September 2026)
| Body | Article / Act | Nature | Current head (2026) |
|---|---|---|---|
| Election Commission | Art. 324 | Constitutional | CEC Gyanesh Kumar (26th CEC, since Feb 2025); CEC + 2 ECs; CEC removable like a SC judge; appointments now under the CEC and Other ECs (Appointment etc.) Act, 2023 — PM + LoP (LS) + a Union Minister |
| UPSC | Arts. 315–323 | Constitutional | Dr. Ajay Kumar (Chairman since 15 May 2025); members hold office for 6 years or till 65 |
| CAG | Art. 148 | Constitutional | K. Sanjay Murthy (15th CAG, since Nov 2024); term 6 years or 65; audits accounts; reports go to the President/Governor and are examined by the PAC |
| Attorney General | Art. 76 | Constitutional office | R. Venkataramani (16th AG; extended till 30 Sep 2027); right to speak in Parliament, no vote |
| Finance Commission | Art. 280 | Constitutional | 16th FC — Dr. Arvind Panagariya; report tabled 1 Feb 2026; award period 2026–31; recommends States' share — 41% of the divisible pool (same as 15th FC) |
| NITI Aayog | 1 Jan 2015 (Cabinet resolution) | Neither constitutional nor statutory | Chair: PM; Vice-Chair: A.K. Lahiri (May 2026); CEO: Anurag Jain (Aug 2026); replaced the Planning Commission (1950) |
| NHRC | Protection of Human Rights Act, 1993 (amended 2019) | Statutory | Justice V. Ramasubramanian (since Dec 2024); chair is a former CJI or SC judge |
| Central Information Commission | RTI Act, 2005 | Statutory | Raj Kumar Goyal (CIC since 15 Dec 2025); CIC + up to 10 Information Commissioners |
| Central Vigilance Commission | CVCA, 2003 | Statutory | Supervises CBI's work under the Prevention of Corruption Act |
| Lokpal | Lokpal and Lokayuktas Act, 2013 | Statutory | Justice A.M. Khanwilkar (Chair since Mar 2024); first chair: Justice P.C. Ghose (2019) |
Key contrasts often asked: CAG — ineligible for further Government office after term; UPSC chairman — also ineligible; SPSC chairman can be made a UPSC member; AG is not a full-time government servant; NITI Aayog has no statutory backing while the Finance Commission is mandated every five years.
Detailed notes
Constitutional bodies — the permanent machinery
- Election Commission (Article 324): conducts elections to Parliament, state assemblies, and the offices of President and Vice-President. Since 1993 it is a multi-member body — the CEC and two Election Commissioners with equal powers. The CEC can be removed only like a Judge of the Supreme Court; the other Commissioners, on the CEC's recommendation. Tools: the Model Code of Conduct, electoral rolls, recognition of parties, symbols.
- Union Public Service Commission (Articles 315–323): recruits for Union services. Members serve 6 years or till 65; removal grounds for the chairman mirror a Supreme Court judge's; expenses are charged on the Consolidated Fund. State PSCs mirror it (members retire at 62), with a UPSC-facilitated removal.
- Comptroller and Auditor-General (Articles 148–151): the 'guardian of the public purse'. Term 6 years or age 65; after leaving office, the CAG cannot take any further government post. Audits the accounts of the Union and the states, and bodies substantially financed by them; reports go to the President/Governor and are laid before the legislature. The PAC examines the CAG's reports (DPC Act, 1971 governs audit duties).
- Finance Commission (Article 280): a quasi-judicial body, constituted every five years (or earlier); Chairman + four members (qualifications set by Parliament's Finance Act, 1951). Recommends the vertical and horizontal devolution of central taxes, grants-in-aid (Article 275), and measures to augment state funds for panchayats/municipalities. Its advice is advisory, not binding.
- Attorney-General (Article 76) and Advocate-General (Article 165): chief law officers of the Union and the state; hold office during pleasure; the AG may speak in Parliament but not vote.
- Special Officer for Linguistic Minorities (Article 350B); NCSC (Article 338) and NCBC (Article 338B); Official Language rules sit in Part XVII.
Statutory and related bodies — know the parent law
| Body | Parent law / note |
|---|---|
| CVC | Statutory from 2003 (earlier executive, 1964; Santhanam Committee advice) |
| CIC | RTI Act, 2005; Chief Information Commissioner + Information Commissioners |
| NHRC | Protection of Human Rights Act, 1993; chaired by a former Chief Justice of India |
| Lokpal | Lokpal and Lokayuktas Act, 2013 |
| NGT | National Green Tribunal Act, 2010; fast-track environmental adjudication |
| NITI Aayog | Created by a Cabinet resolution, 1 January 2015 (non-statutory), replacing the Planning Commission |
| NCW | National Commission for Women Act, 1990 (set up 1992) |
Remember the split: constitutional bodies (EC, UPSC, CAG, Finance Commission, NCSC/NCBC) exist because the Constitution says so; statutory bodies exist because a law of Parliament created them; NITI Aayog is neither — it is an executive creation. Exams love asking which is which, and whether a body's expenses are charged on the Consolidated Fund (UPSC, CAG — yes).
Exams also ask about tenure numbers (6 years or 65 for CEC, CAG, UPSC chairman) and the removal ladder (CEC/UPSC-CAG chairman like an SC judge). Names of current office-holders change — revise them separately just before your exam; this lesson sticks to structure.
Quick revision
- EC: multi-member since 1993 (CEC + 2 ECs); CEC removable like an SC judge; Art 324.
- UPSC: Art 315; 6 years/65; expenses charged; state PSC members retire at 62.
- CAG: Art 148; 'guardian of the public purse'; 6 years/65; no re-employment; reports → President/Governor → PAC scrutiny.
- Finance Commission: Art 280; quasi-judicial; every 5 years; Chairman + 4; advice not binding.
- Statutory vs constitutional: CVC/CIC/NHRC/Lokpal/NGT = statutory; NITI Aayog = executive resolution (2015).
- NCSC Art 338; NCBC Art 338B (102nd Amendment); Special Officer linguistic minorities Art 350B.
Types of questions asked
Every way this subtopic shows up in exams — how to recognise it, the formula or logic to use, and a solved example.
Type 1: Election Commission structure and removalvery common3 practice Q
'How many members does the EC have', 'how can the CEC be removed', 'who conducts President/Vice-President elections', statement sets on the EC.
- Multi-member since 1993: CEC + two Election Commissioners, all with equal powers.
- Removal ladder: CEC — like a Supreme Court judge; other ECs — on the CEC's recommendation.
- Jurisdiction: Parliament, state legislatures, and the President and Vice-President elections. Local-body elections belong to the State Election Commissions, not the EC.
Example: The Chief Election Commissioner can be removed —
In the same manner as a Judge of the Supreme Court — by Parliament on grounds of proved misbehaviour or incapacity, through a special-majority process.
Type 2: UPSC and CAG: tenure and featurescommon3 practice Q
'The CAG is called the guardian of', 'UPSC members' tenure', 'who audits the accounts of the states', which expenses are charged on the CFI.
- UPSC: Article 315; members serve 6 years or till 65; expenses charged on the CFI.
- CAG: Article 148; 6 years or 65; audits Union and state accounts; barred from further government office; reports to the President/Governor.
- PAC (22 members, opposition chairman) examines the CAG's reports — 'friend, philosopher and guide of the PAC'.
Example: The Comptroller and Auditor-General of India is appointed by the President under Article —
Article 148; his removal mirrors that of a Supreme Court judge, and the Constitution bars him from any further office under the Government of India or a state after retirement.
Type 3: Finance Commissioncommon2 practice Q
'The Finance Commission is constituted every', 'who decides tax devolution', 'how many members', 'is its advice binding'.
- Article 280: quasi-judicial, every five years; Chairman + four members.
- Job: split central taxes between Centre and states (vertical) and among states (horizontal), grants-in-aid, and measures to augment state funds for local bodies.
- Its recommendations are advisory — the government is not bound, though it normally follows them.
Example: The Finance Commission is normally constituted once in —
Every five years under Article 280; it is a quasi-judicial body with a Chairman and four members appointed by the President.
Type 4: Constitutional vs statutory vs executive bodiesvery common2 practice Q
'Which of the following is a constitutional body', 'NITI Aayog was created by', 'which act created the CIC/NHRC/Lokpal', odd-one-out sets.
- Constitutional: EC, UPSC/SPSCs, CAG, Finance Commission, NCSC (338), NCBC (338B), Official Language Commission.
- Statutory: CVC (2003), CIC (RTI 2005), NHRC (1993), Lokpal (2013), NGT (2010), NCW (1990 act).
- Executive: NITI Aayog (Cabinet resolution, 1 Jan 2015) — the trap answer in odd-one-out questions.
Example: Which one of the following is not a statutory body?
NITI Aayog — it was set up by a Cabinet resolution on 1 January 2015; the CVC, CIC, NHRC and NGT all rest on statutes.
Type 5: Rights commissions and special officersoccasional2 practice Q
'NCSC is established under which Article', 'which body looks into linguistic minorities', 'the NCBC got constitutional status by which amendment'.
- NCSC — Article 338 (SCs and STs); the separate ST commission sits at Article 338A.
- NCBC — Article 338B, constitutional status by the 102nd Amendment (2018); the 105th (2021) returned SEBC identification to states.
- Special Officer for linguistic minorities — Article 350B; assesses safeguards for language minorities.
Example: The National Commission for Backward Classes (NCBC) was given constitutional status by —
The 102nd Amendment Act, 2018, inserting Article 338B; the 105th Amendment (2021) restored the states' power to identify OBCs.
Shortcut tricks
⚡ Article blocks for bodies
76-AG • 280-FC • 148-CAG • 315-UPSC • 324-EC. Descending ladder: 324 > 315 > 280 > 148 > 76 reads 'EC-UPSC-FC-CAG-AG'.
Example: Under which article is the Comptroller and Auditor General appointed?
Article 148 (term: 6 years or age 65).
⚡ Statutory vs constitutional filter
If the source is a dated Act (1993 NHRC, 2003 CVC, 2005 CIC, 2013 Lokpal) it is statutory; if the source is an Article number it is constitutional; NITI Aayog (Cabinet resolution, 2015) is neither.
Example: Name one high-profile advisory body that is neither constitutional nor statutory.
NITI Aayog.
Where students lose marks
Calling NITI Aayog a statutory body — it is an executive-resolution body.
Saying the 15th FC still governs transfers — from FY 2026-27 the 16th FC (41% share, 2026-31) applies.
Confusing the CAG's examiners — CAG reports are examined by the Public Accounts Committee, not the Estimates Committee.
Practice sets — 14 questions
Sets of 10, mixed across the question types above. Each answer comes with a step-by-step explanation.
Topic test · 10 questions
Suggested time 4 min · wrong answers go to your mistake notebook automatically.