Which one among the following is not a constitutional body in India ?

1. Classification of Bodies: Constitutional, Statutory, and Executive (basic)

In Indian administration, the various commissions and organizations that govern our country are categorized based on their source of authority—essentially, where they get their power from. Understanding this classification is the first step in mastering Indian Polity. We can divide these into three distinct categories: Constitutional, Statutory, and Executive bodies.

Constitutional Bodies are the most prestigious and stable because they are mentioned directly in the Constitution of India. They derive their powers from specific Articles. To create, change, or remove such a body, the Parliament must pass a Constitutional Amendment Bill. Examples include the Finance Commission (Article 280), the Comptroller and Auditor-General (CAG) (Article 148), and the Election Commission (Article 324) Indian Polity, M. Laxmikanth(7th ed.), Chapter 54, p. 453.

Statutory Bodies, on the other hand, are created by an Act of Parliament (also called a 'statute') or a State Legislature. They are not mentioned in the original Constitution but are established to handle specific sectors. Unlike constitutional bodies, they can be modified or abolished by a simple legislative process without a constitutional amendment. A classic example is the National Human Rights Commission (NHRC), which was created by the Protection of Human Rights Act, 1993. Another interesting case is the Joint State Public Service Commission (JSPSC); while the UPSC is constitutional, a JSPSC is created by an act of Parliament and is thus statutory Indian Polity, M. Laxmikanth(7th ed.), Chapter 42, p. 430.

Finally, we have Executive Bodies (sometimes called non-constitutional or non-statutory). These are created by a simple Executive Resolution or Cabinet order. They do not have the backing of the Constitution or a specific law passed by Parliament. The most famous example today is NITI Aayog, which replaced the Planning Commission via a government notification Indian Polity, M. Laxmikanth(7th ed.), Chapter 64, p. 792.

Feature	Constitutional Body	Statutory Body	Executive Body
Origin	Specific Article in the Constitution	Law/Act passed by Parliament	Resolution by the Cabinet
Modification	Requires Constitutional Amendment	Requires simple Law Amendment	Requires Cabinet decision
Example	UPSC, CAG	NHRC, SEBI	NITI Aayog

Sources: Indian Polity, M. Laxmikanth(7th ed.), Advocate General of the State, p.453; Indian Polity, M. Laxmikanth(7th ed.), State Public Service Commission, p.430; Indian Polity, M. Laxmikanth(7th ed.), World Constitutions, p.792

2. Anatomy of Constitutional Bodies (Articles 148 to 338) (basic)

To master the landscape of Indian governance, we must first distinguish between two types of authorities: Constitutional Bodies and Statutory Bodies. Think of a Constitutional body as being part of the country’s "DNA"—it is written directly into the text of the Constitution of India. If the government wants to change its core powers, it usually needs a formal Constitutional Amendment. In contrast, a Statutory body is created by an Act of Parliament (a statute). It is a specialized tool created by the legislature to perform a specific task, and its rules can be changed by a simple majority in Parliament.

Within the range of Articles 148 to 338, the Constitution establishes several vital institutions. For instance, Article 148 creates the office of the Comptroller and Auditor-General of India (CAG), who acts as the guardian of the public purse Indian Polity, M. Laxmikanth, Chapter 52, p.449. Further down the document, Article 338 establishes the National Commission for Scheduled Castes (NCSC) to protect the interests of Dalits Indian Polity, M. Laxmikanth, Constitutional Prescriptions, p.455. These bodies are considered "Constitutional" because their birth certificate is the Constitution itself.

The National Human Rights Commission (NHRC), however, is a different breed. Unlike the CAG or the NCSC, the NHRC does not have a dedicated Article in the Constitution. It was established much later, in 1993, under a specific law called the Protection of Human Rights Act. Therefore, while it is a powerful watchdog, it remains a Statutory Body. Understanding this distinction is the first step in knowing how much independence a body enjoys and where its authority originates.

Feature	Constitutional Body	Statutory Body
Source of Power	Constitution of India	Act of Parliament (Law)
Example (Art. 148-338)	CAG (Art. 148), NCSC (Art. 338)	NHRC (Statute of 1993)
How to change?	Constitutional Amendment	Ordinary Legislative Amendment

Sources: Indian Polity, M. Laxmikanth, Comptroller and Auditor General of India, p.449; Indian Polity, M. Laxmikanth, Constitutional Prescriptions, p.455

3. Understanding Statutory Bodies and the Legislative Process (basic)

To master the landscape of Indian governance, we must first distinguish between the various types of public bodies. At the top tier, we have Constitutional Bodies. These are the heavyweights established directly by the text of the Constitution itself. Because they derive their authority from the Constitution, any change to their structure or powers usually requires a Constitutional Amendment. Examples include the Comptroller and Auditor-General of India (Article 148) and the Union Public Service Commission (Article 315) Indian Polity, Advocate General of the State, p.453.

On the other hand, we have Statutory Bodies. The word 'statutory' comes from 'statute,' which simply means a law passed by the legislature. These bodies are not mentioned in the Constitution but are created by an Act of Parliament (or a State Legislature) to perform specific functions. A perfect example is the National Human Rights Commission (NHRC). It was established in 1993 under a specific piece of legislation called the Protection of Human Rights Act, 1993 Indian Polity, National Human Rights Commission, p.473. While it protects rights guaranteed by the Constitution, the Commission itself is a creation of the law, not the Constitution.

Understanding this distinction is vital because it determines how a body can be changed. For instance, when the government wanted to update the eligibility criteria for the NHRC Chairperson or increase the number of members, it passed the Protection of Human Rights (Amendment) Act, 2019. This was a legislative process rather than a complex constitutional amendment process Indian Polity, State Human Rights Commission, p.479.

Feature	Constitutional Body	Statutory Body
Source of Power	The Constitution of India	An Act of Parliament/State Legislature
Examples	CAG, UPSC, Election Commission	NHRC, SEBI, National Commission for Women
Changes	Requires Constitutional Amendment	Requires an amendment to the specific Act

Sources: Indian Polity, M. Laxmikanth (7th ed.), Advocate General of the State, p.453; Indian Polity, M. Laxmikanth (7th ed.), National Human Rights Commission, p.473; Indian Polity, M. Laxmikanth (7th ed.), State Human Rights Commission, p.479

4. Evolution of Bodies through Constitutional Amendments (intermediate)

In our journey through Indian governance, it is vital to distinguish between how different institutions are born. Think of Constitutional Bodies as the elite guard of the democracy; they derive their power and existence directly from the text of the Constitution itself (like the CAG under Article 148). On the other hand, Statutory Bodies are created by an ordinary law passed by Parliament. While both are powerful, Constitutional status offers a higher degree of permanence and protection from political whims Indian Polity, M. Laxmikanth(7th ed.), Chapter 54, p. 453.

Interestingly, some bodies are not born "Constitutional" but evolve into that status over time through Constitutional Amendment Acts (CAA). This evolution usually happens when the state realizes that a specific group—like linguistic minorities or Scheduled Tribes—requires a more robust, independent watchdog. For instance, the Special Officer for Linguistic Minorities didn't exist in the original Constitution; it was added later via the 7th Amendment Act of 1956, which inserted Article 350-B Indian Polity, M. Laxmikanth(7th ed.), Constitutional Prescriptions, p. 454.

Body	Origin/Evolution	Current Status
NCSC & NCST	Bifurcated by the 89th CAA, 2003	Constitutional (Art. 338 & 338-A)
Linguistic Minorities Officer	Inserted by 7th CAA, 1956	Constitutional (Art. 350-B)
NHRC	Protection of Human Rights Act, 1993	Statutory (Non-Constitutional)

A classic example of this evolution is the transition of the commissions for Scheduled Castes (SC) and Scheduled Tribes (ST). Originally, there was just a single Special Officer. This was upgraded to a multi-member Commission by the 65th Amendment (1990), and eventually, the 89th Amendment Act of 2003 split them into two distinct constitutional entities: the National Commission for Scheduled Castes (Art. 338) and the National Commission for Scheduled Tribes (Art. 338-A) Indian Polity, M. Laxmikanth(7th ed.), Chapter 50, p. 438. This contrast is key: while many rights-based bodies have been "promoted" to constitutional status, the National Human Rights Commission (NHRC) remains a statutory body, governed by an Act of Parliament rather than a specific Article of the Constitution Indian Polity, M. Laxmikanth(7th ed.), Chapter 59, p. 480.

Sources: Indian Polity, M. Laxmikanth(7th ed.), Chapter 54: Advocate General of the State, p.453; Indian Polity, M. Laxmikanth(7th ed.), Constitutional Prescriptions, p.454; Indian Polity, M. Laxmikanth(7th ed.), Chapter 50: National Commission for STs, p.438; Indian Polity, M. Laxmikanth(7th ed.), Chapter 59: National Commission for Women, p.480

5. Quasi-Judicial Powers and Civil Court Functions (intermediate)

To understand the National Human Rights Commission (NHRC), we must first grasp the concept of Quasi-Judicial powers. In a standard democracy, the judiciary (courts) decides disputes. However, as governance became complex, ordinary courts became overburdened with technical matters. To solve this, the state created administrative bodies and equipped them with 'court-like' powers to decide specific disputes or investigate grievances. These are called 'Quasi-Judicial' bodies because while they are not part of the traditional hierarchy of courts, they function as if they were a court for specific purposes D. D. Basu, Introduction to the Constitution of India, THE HIGH COURT, p.365.

When we say a body like the NHRC has the powers of a civil court, we are referring to specific procedural 'teeth' granted under the Code of Civil Procedure (CPC), 1908. These powers allow the body to conduct a proper inquiry rather than just a casual survey. Specifically, these powers include:

• Summoning: The power to enforce the attendance of any person from any part of India and examine them on oath.
• Discovery of Documents: Requiring the production of any document relevant to the case.
• Evidence on Affidavits: Receiving written evidence that is legally binding.
• Public Records: Requisitioning any public record or copy thereof from any court or office.

It is important to note that while these bodies have 'civil' powers, they are still subject to the supervisory jurisdiction of the High Courts under Article 227 of the Constitution. The High Court ensures these bodies stay within their legal boundaries and do not pass arbitrary orders D. D. Basu, Introduction to the Constitution of India, THE HIGH COURT, p.365. Many constitutional bodies, such as the Finance Commission, are also designated as quasi-judicial to ensure their recommendations are based on a formal, evidentiary process M. Laxmikanth, Indian Polity, Finance Commission, p.431.

Sources: Introduction to the Constitution of India, THE HIGH COURT, p.365; Indian Polity, Finance Commission, p.431

6. Independence and Appointment Mechanisms (exam-level)

To function as an effective 'watchdog,' the National Human Rights Commission (NHRC) must operate without fear or favor from the government of the day. Unlike many other statutory bodies where the executive has a direct hand in appointments, the NHRC's independence is hard-coded into its DNA through a rigorous selection and removal process. It was established under the Protection of Human Rights Act, 1993, making it a statutory body, yet it enjoys protections similar to those of high-ranking constitutional authorities Indian Polity, National Human Rights Commission, p.474.

The first pillar of this independence is the Selection Committee. The President does not appoint the Chairperson and members unilaterally. Instead, they are chosen based on the recommendation of a high-powered, six-member committee. This pluralistic composition ensures that both the ruling government and the opposition have a say in who protects the nation's human rights.

Role	Selection Committee Members
Chairman	Prime Minister
Members (Legislative)	Speaker of Lok Sabha & Deputy Chairman of Rajya Sabha
Members (Opposition)	Leaders of Opposition in both Lok Sabha and Rajya Sabha
Member (Executive)	Union Home Minister

The second pillar is Security of Tenure. While the Chairperson and members hold office for a specific term (3 years or until age 70), they cannot be removed at the 'pleasure' of the President. For removal on grounds of proved misbehaviour or incapacity, the President must refer the matter to the Supreme Court for an inquiry. Only if the Supreme Court upholds the charges can the President order a removal Indian Polity, National Human Rights Commission, p.474. This provides a judicial shield against arbitrary executive action. Furthermore, their salaries and allowances are determined by the Central Government but cannot be varied to their disadvantage after appointment, ensuring financial autonomy.

Sources: Indian Polity, National Human Rights Commission, p.474; Indian Polity, State Human Rights Commission, p.478

7. Comparing NHRC with Constitutional Human Rights Protections (exam-level)

To master the National Human Rights Commission (NHRC), we must first distinguish between how the Indian state protects rights through Constitutional bodies versus Statutory bodies. A Constitutional body is established by the Constitution itself (possessing its own Article), making it harder to abolish or alter. In contrast, a Statutory body like the NHRC is created by an Act of Parliament—specifically the Protection of Human Rights Act, 1993. While both aim to protect citizens, their source of authority and permanence differ significantly.

While the NHRC acts as a 'watchdog' of human rights, its findings are largely recommendatory in nature Indian Constitution at Work, NCERT Class XI, p.42. It can inquire into violations and recommend compensation or prosecution, but it cannot enforce these decisions like a court of law. For actual enforcement of Fundamental Rights, citizens often turn to the Judiciary via Public Interest Litigation (PIL), where the Supreme Court or High Courts can issue binding orders Democratic Politics-I, NCERT Class IX, p.86.

It is helpful to compare the NHRC with other specialized commissions that have been elevated to constitutional status to safeguard specific groups more effectively:

Feature	Constitutional Bodies (e.g., NCSC, NCBC)	Statutory Bodies (e.g., NHRC)
Source of Power	Directly from the Constitution (e.g., Art. 338, 338B)	From an Act of Parliament (PHRA, 1993)
Appointment	President appoints by warrant under hand and seal Indian Polity, M. Laxmikanth, Chapter 54, p.440	President appoints based on a Selection Committee recommendation
Examples	CAG, NCSC, NCST, NCBC, Special Officer for Linguistic Minorities	NHRC, National Commission for Women, NGT

Sources: Indian Polity, M. Laxmikanth, National Commission for BCs, p.440; Indian Polity, M. Laxmikanth, World Constitutions, p.705; Democratic Politics-I, NCERT Class IX, Democratic Rights, p.86; Indian Constitution at Work, NCERT Class XI, Rights in the Indian Constitution, p.42

8. Solving the Original PYQ (exam-level)

Now that you have mastered the distinction between Constitutional, Statutory, and Executive bodies, this question serves as the perfect litmus test for your foundational knowledge. In Laxmikanth’s Indian Polity, we emphasized that a Constitutional body is one specifically established by the text of the Constitution itself, usually identified by a unique Article. This question requires you to apply that classification system to filter these high-level institutions based on their legal origin rather than their functional importance.

To arrive at the correct answer, (D) National Human Rights Commission, you should use the "Article Check" method. Recall your building blocks: the CAG is firmly rooted in Article 148, and the NCSC is explicitly provided for in Article 338. The National Commissioner for Linguistic Minorities is often a point of confusion, but your notes show it was granted constitutional status via the 7th Amendment Act of 1956, which inserted Article 350-B. By process of elimination, the NHRC is the outlier; it is a Statutory body created by an Act of Parliament—the Protection of Human Rights Act, 1993—and therefore does not hold a place within the Constitution's articles.

A common UPSC trap is including bodies like the National Commissioner for Linguistic Minorities because they were added via amendment rather than being part of the original 1950 document. Students often mistake "non-original" for "non-constitutional." Similarly, the NHRC is such a high-profile "watchdog" that many candidates erroneously assume its importance necessitates a constitutional mandate. Always remember: the authority of an institution does not define its category; only its legal birthright in the constitutional text does.