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Constitutional, Statutory & Quasi Judicial Bodies - Definition With Examples

Last Updated on Jul 17, 2024
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In India, Constitutional, Statutory, and Quasi-judicial bodies are key components of the country's governance and legal framework. While Constitutional bodies ensure the democratic functioning of the country, Statutory bodies provide regulatory oversight, and Quasi-judicial bodies serve as specialized adjudicatory forums. Together, these bodies contribute to the effective governance and legal framework of India, ensuring the rule of law and protecting the rights and interests of its citizens.

Constitutional, Statutory and Quasi-Judicial Bodies is one of the most important topics for the UPSC IAS exam. It covers a significant part of the Polity subject in the Mains General Studies Paper-II syllabus and General Studies Paper-1 of the UPSC Prelims Syllabus.

In this article, we shall study in detail the various Constitutional, Statutory and Quasi-Judicial Bodies in India.

Check out the detailed article on the Various Commissions in India & their Recommendations here.

Statutory Bodies in India
  • Statutory bodies are established by Acts of Parliament or State Legislatures to fulfill specific purposes, address particular issues, and regulate various sectors. 
  • These bodies operate under specific statutes that define their functions, powers, and composition. 
  • These are known to be the non-constitutional bodies that make rules and regulations and take the decision on behalf of the government.
  • The act does the establishment of these bodies because of which it derives its powers, functions, and duties from the respective act.
  • The establishment of these bodies is done to perform specific tasks that are sector-specific and lessen the burden on the government.
  • Government has a responsibility to provide a certain level of independence in its functioning and appoint members. Though the government has the freedom to grant independence and autonomy to these bodies, in that case, the government needs to ensure financial prudence in its functioning.
  • They act subject to varying degrees of ministerial control identified in the statutory body’s enabling legislation. Here ministers are accountable to Parliament for the operation of all government agencies present within their ministry and, all-important, for listing their annual reports in Parliament.
  • “Statutory body” meaning can be changed depending on the legislation. For example, a local council does not come under a statutory body for the Financial Accountability Act. Still, it is there for the Statutory Bodies Financial Arrangements Act.
  • The establishment of these bodies and operations is performed under the provisions of their enabling legislation, which sets out the purpose and specific powers of the agency.
  • Statutory bodies include the National Human Rights Commission, the National Green Tribunal, the Medical Council of India, and the University Grants Commission.

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List of Important Statutory Bodies in India

Statutory Body in India

Act

Securities & Exchange Board of India

SEBI Act, 1992

National Human Rights Commission

Protection of Human Rights Act, 1993

National Commission for Women

National Commission for Women Act, 1990

National Commission for Minorities

National Commission for Minorities Act, 1992

National Green Tribunal

National Green Tribunal Act 2010

Armed Forces Tribunal

Armed Forces Tribunal Act 2007

Unique Identification Authority of India

Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016

Central Vigilance Commission

Central Vigilance Commission Act 2003

Commission for Air Quality Management in the National Capital Region (NCR) and Adjoining Areas

Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2020

National Commission for Protection of Child Rights

Commissions for Protection of Child Rights (CPCR) Act, 2005

Competition Commission of India

Competition Act, 2002

National Bank for Agriculture and Rural Development

National Bank for Agriculture and Rural Development Act, 1981

National Legal Services Authority

Legal Services Authorities Act, 1987

Practice using the UPSC Test Series here.

Constitutional Bodies

Constitutional bodies in India are institutions established and empowered by the Constitution itself. These bodies play a crucial role in upholding the democratic principles of the country. They ensure the separation of powers, protect the rights of citizens, and maintain checks and balances within the governance system. Examples of Constitutional bodies include the President, Vice-President, Parliament, Supreme Court, and State Legislatures. These bodies have distinct powers and functions prescribed by the Constitution and play a significant role in the governance and decision-making processes of the country. They contribute to the smooth functioning of the democratic system and safeguard the fundamental rights and liberties of Indian citizens.

Also, read NCERT Notes on Regulating Act 1773 here.

Examples of Constitutional Bodies

Some of the common examples of constitutional bodies are:

Quasi-Judicial Body
  • This body acts as an entity such as an arbitrator or a tribunal, mainly of a public administrative agency. This public administrative agency has the authority and procedures resembling that of a Court of Law or Judge. It is obliged to determine facts objectively and to make conclusions from them to provide the basis for official action.
  • It can also be defined as an organ of government other than a court or legislature. This judicial body can affect the rights of private parties either through adjudication or by making rules.
  • It is not mandatory that a Quasi-Judicial Body has to be a Court of Law, like the National Green Tribunal.
  • In quasi-judicial bodies, wards and judgments always depend upon the predetermined set of rules or tenure or types of punishment depending on the nature and gravity of the offense committed.

Examples of Quasi-Judicial Body

  • Election Commission of India
  • Finance Commission
  • Income Tax Appellate Tribunal
  • Intellectual Property Appellate Tribunal, etc.

Learn about Types of Writs in India here.

Difference between Statutory and Non Statutory bodies

Statutory Bodies

Non – Statutory bodies

Statutory Body refers to organizations and bodies that are defined by a formal law or a statute.

The non-statutory body is essentially another term for common law.

These bodies are entities shaped by an Act of Parliament and set up by the Government to consider the data and make judgments in some area of activity.

Therefore such bodies are formed by executive resolution or action, which means that they are formed only by the Government’s action.

These are government-created bodies that are shaped by an Act of Parliament and tasked with analyzing data and making decisions in a certain area of activity.

Such bodies are created solely by executive resolution or action, implying that they are created solely by government action.

Also read, Difference Between Statutory and Quasi-Judicial Bodies here.

Reasons for the Emergence of Quasi-Judicial Bodies in India
  •  Quasi-judicial bodies give you a cost effective solution than normal court laws.
  • In this law, natural justice is followed, and because of this system, cases are solved at full speed and ensure justice as fast as possible.
  • With the increase in size and responsibilities of the state, the burden on functional areas increased, and because of this, an alternative judicial system arose.
  • Technology in different sectors keeps increasing, requiring expertise to deal with different kinds of issues. Normal courts do not have expertise in solving each kind of issue and can commit errors while giving verdicts.
  • It gives quick, hassle free and cost-effective delivery of justice.

List of Important Quasi Judicial Bodies in India
  • National Consumer Disputes Redressal Commission
  • State Consumer Disputes Redressal Commission
  • District Consumer Disputes Redressal Forum
  • Competition Commission of India
  • Appellate Tribunal for Electricity
  • National Human Rights Commission
  • State Human Rights Commission
  • Central Information Commission
  • State Information Commission
  • State Electricity Regulatory Commission
  • Railway Claims Tribunal
  • Income Tax Appellate Tribunal
  • Intellectual Property Appellate Tribunal
  • Central Excise and Service Tax Appellate Tribunal
  • Banking Ombudsman
  • Insurance Ombudsman
  • Income tax Ombudsman
  • Electricity Ombudsman
  • State Sales Tax Appellate Tribunal

Check out these NCERT Notes for UPSC Exam Preparation here.

Difference between Judicial and Quasi Judicial Bodies
  • Ordinary courts of law, such as the Supreme Court, High Courts, District Courts, Taluka Courts, and others, are called judicial bodies. They are bound by rigorous procedural rules, like in Civil matters, CPC is followed. CrPC is adhered to in Criminal matters, and Evidence Act is applied to record evidence.
  • Quasi means “half,” hence quasi-judicial bodies have some of the characteristics of a judicial body but are not strictly constrained by the norms of the procedure. They have powers and processes similar to those of a court of law or a judge. They are required to objectively examine facts and make conclusions from them, with proceedings before such bodies having the potential to be judicial proceedings. Administrative Tribunals, Revenue Courts are a few examples.

Regulatory Bodies in India

Regulatory bodies in India are established to regulate and supervise various sectors and activities in the country. These bodies play a crucial role in ensuring compliance, maintaining transparency, and protecting the interests of the public. Examples of regulatory bodies in India include the Securities and Exchange Board of India (SEBI), Reserve Bank of India (RBI), Telecom Regulatory Authority of India (TRAI), and Insurance Regulatory and Development Authority of India (IRDAI). 

Each regulatory body is responsible for overseeing its respective sector, setting rules and regulations, and monitoring the functioning of entities operating within their purview. These bodies play a vital role in promoting fair practices, safeguarding consumer rights, and fostering a conducive environment for growth and development in the regulated sectors.

Executive Bodies 

Executive bodies in India are institutions responsible for implementing and executing policies and laws formulated by the government. These bodies play a crucial role in the day-to-day administration and governance of the country. Political executives head them, such as the President, Prime Minister, Cabinet Ministers, and Chief Ministers at the central and state levels. The executive bodies include ministries, departments, and agencies carrying out specific functions and responsibilities. 

Examples of executive bodies include the Ministry of Finance, Ministry of Home Affairs, Ministry of Health and Family Welfare, and Ministry of Education. These bodies are responsible for implementing government programs, managing public services, and overseeing the execution of policies in their respective domains. They work towards achieving the government's developmental objectives and ensuring the administration's effective functioning at various levels.

Judicial Bodies in India

Judicial bodies in India are institutions entrusted with interpreting and applying the law. They play a crucial role in upholding justice, protecting the rights of citizens, and ensuring the rule of law. The highest judicial body in India is the Supreme Court, which has the authority to interpret the Constitution and act as the final appellate court. Below the Supreme Court are High Courts at the state level, which exercise jurisdiction over their respective states. 

Additionally, district courts and subordinate courts handle cases at the district and lower levels. These judicial bodies operate independently of the executive and legislative branches, ensuring the separation of powers. They are responsible for resolving disputes, conducting trials, and ensuring the administration of justice by the law. Judicial bodies in India provide a vital check and balance in the governance system and protect the rights and liberties of individuals.

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More Articles for IAS Preparation

Constitutional, Statutory and Quasi Judicial Bodies FAQs

One of the common examples of an executive body is Niti Aayog.

Appointment of different constitutional bodies is done by the president of India.

Some of the disadvantages of Quasi-Judicial Bodies in India are pseudo independence, lack of human resources and lack of enforcement.

Some of the common examples of statutory bodies are National Human Rights Commission, Medical Council of India, University Grants Commission,National Green tribunal, etc.

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