Constitutional, statutory, and non-statutory bodies
Source: By The Indian Express
In the past decade, there were instances of opposition voices, both at the union and state levels, not only questioning the policies of the government but also raising concerns about the reputation, autonomy, and integrity of constitutional bodies. For example, the recent debates around the trainee IAS Pooja Khedkar case, the discussions around the 2024 elections and on Section 7 of the Reserve Bank of India (RBI) Act.
In this context, it is crucial to understand the role and significance of these institutions, leading to fundamental questions: What are constitutional bodies? How do they differ from statutory and non-statutory bodies? Why are these institutions essential to a functioning democracy?
Constitutional bodies
Constitutional bodies are institutions or authorities whose powers, duties, and structures are explicitly defined in the Constitution. Their roles extend beyond mere administrative functions, as they are designed to serve as checks and balances on governmental power.
Some of the constitutional bodies are the Election Commission of India (ECI), Union Public Service Commission (UPSC), Finance Commission, Comptroller and Auditor General (CAG), National Commissions for SCs, STs, and Minorities, and Attorney General of India.
These bodies are designed to protect democracy by ensuring transparency, fairness, and accountability. For example, CAG audits government expenditures and ensures financial accountability.
Constitutional bodies also promote accountability by ensuring merit-based recruitment in civil services through Public Service Commissions like the UPSC. These bodies also oversee the fair distribution of financial resources between the center and states through the Finance Commission, thereby supporting the federal structure.
In addition, institutions like the National Commission for Scheduled Tribes (NCST) and the National Commission for Backward Classes (NCBC) help promote equality and social justice by protecting vulnerable groups.
Challenges faced by constitutional bodies
The constitutional foundation of these bodies ensures stable governance, as they cannot be easily dissolved or manipulated by the government of the day. This independence prevents undue political interference in crucial areas such as elections, auditing, and civil service appointments.
However, the relationship between constitutional bodies and the government is complex and often fraught with challenges. One of the most significant challenges these bodies face is maintaining independence and impartiality, especially when facing political pressures.
For instance, Article 324 of the Constitution states that the Election Commission shall consist of the Chief Election Commissioner and, as required, other Election Commissioners as appointed by the President. This provision is subject to any laws enacted in this regard by Parliament. However, the Constitution does not outline a formal legislative process for the appointment of the Chief Election Commissioner and other Election Commissioners.
In the absence of a formal procedure defined by parliamentary law, the responsibility of appointing the Chief Election Commissioner and other Election Commissioners has been rested with the President. The only established process involves the Law Ministry preparing a list of potential candidates, which is then forwarded to the Prime Minister. The Prime Minister, in turn, recommends a candidate to the President for appointment.
Statutory bodies
Apart from constitutional bodies, there are statutory bodies that play a vital role in strengthening our democracy. Statutory bodies are institutions established by an act of Parliament or state legislatures, deriving their authority from legislation rather than directly from the Constitution.
Some examples of statutory bodies are the Securities and Exchange Board of India (SEBI), the National Green Tribunal (NGT), the Insurance Regulatory and Development Authority of India (IRDAI), the Central Vigilance Commission (CVC), the University Grants Commission (UGC), the National Commission for Women (NCW), the Telecom Regulatory Authority of India (TRAI) and the Reserve Bank of India (RBI).
These bodies play a vital role in implementing policies, providing regulatory oversight, and addressing sector-specific challenges. Their importance lies in their ability to tackle complex issues related to governance, regulation, and development across various sectors. However, created with specific objectives, statutory bodies bring specialised expertise to areas that require focused regulation and governance.
For example, SEBI regulates the securities market, ensuring investor protection and maintaining market integrity, while the NGT enforces environmental protection laws, addressing critical issues like climate change. In sectors like insurance, the IRDAI plays a key role in overseeing the industry and safeguarding the interests of policyholders.
Statutory bodies also ensure accountability by holding individuals and organisations responsible within their respective domains. The CVC, for instance, investigates corruption in public administration, contributing to transparency and ethical governance.
Through their regulatory functions, statutory bodies help maintain order, protect public interests, and support the effective implementation of policies across various sectors. These bodies are flexible, as their mandates can be adjusted through legislative amendments to address emerging challenges. They promote sector-specific development, like the UGC regulating higher education and the NCW advocating for women’s rights.
Statutory bodies, thus, bridge gaps left by constitutional provisions, effectively managing industries and welfare schemes not explicitly covered by the Constitution. They also ensure fair practices in business, such as the Competition Commission of India (CCI), which promotes competition and prevents monopolies. Enhancing public welfare, bodies like the Food Safety and Standards Authority of India (FSSAI) regulate food safety standards, while the National Commission for Protection of Child Rights (NCPCR) safeguards child welfare.
In newer and more complex areas like telecommunications and digital transactions, bodies like the Telecom Regulatory Authority of India (TRAI) and the Reserve Bank of India (RBI) provide necessary regulation and monitoring to ensure transparency and consumer protection.
Statutory bodies are often referred to as non-constitutional or extra-constitutional bodies. They are established through legislative statutes or executive resolutions and play essential roles in governance by providing specialised expertise, implementing policies, and overseeing specific sectors.
Non-statutory bodies
On the other hand, non-statutory bodies, also known as executive or advisory bodies, are organisations or committees that are established by an executive order or administrative resolution rather than by an act of Parliament or state legislatures. They are created for specific purposes and may not have a legal framework backing them, as is the case with statutory bodies.
Despite this, they play a vital role in governance, policy formulation, and providing expert advice in various fields. These bodies are flexible and can be established rapidly to handle urgent matters, offer policy recommendations, or oversee special initiatives. Examples include the Planning Commission (replaced by NITI Aayog), task forces, and expert committees created to address contemporary challenges like social development or economic reform.
Non-statutory bodies also promote innovation, transparency, and accountability, often involving diverse stakeholders from civil society, academia, and industry in the decision-making process. Their temporary nature allows them to focus on specific missions, such as infrastructure development or responding to health crises, and they dissolve once their goals are achieved. Key examples include NITI Aayog, the National Innovation Council, and the National Task Force for COVID-19.
To sum up, it can be said that constitutional, statutory, and non-statutory bodies play crucial roles in ensuring good governance, accountability, and transparency in different areas of government operations. While constitutional bodies uphold democratic values, protect citizens’ rights, and provide stability, statutory bodies bring sector-specific expertise and enforce regulations to protect public interests and promote sectoral growth.
Non-statutory bodies, with their flexibility and specialised focus, offer quick solutions to immediate challenges and complement the work of other governance institutions. Together, these bodies form an intricate web of checks, balances, and expertise that strengthens democracy and promotes effective governance in India.
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