Setting up of which one of the following not stated in the Constitution of India

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

Welcome to your journey into Indian Polity! To understand how India is governed, we must first look at the organs and agencies that do the heavy lifting. In the UPSC syllabus, we classify these "bodies" based on their source of authority—essentially, who gave them the power to exist and function?

There are three primary categories you need to master:

• Constitutional Bodies: These are the most prestigious and powerful because they derive their authority directly from the Constitution of India. They are mentioned by name and function in specific Articles. For example, the Finance Commission is established under Article 280, and the Election Commission under Article 324 Indian Polity, M. Laxmikanth(7th ed.), Chapter 46, p. 431. Because they are part of the Constitution, their structure or powers can only be changed through a Constitutional Amendment.
• Statutory Bodies: These are created by a Statute (a law passed by the Parliament or State Legislature). While they aren't in the Constitution, they have legal backing. The Legislature makes the laws, and these bodies are set up to implement those specific laws Exploring Society: India and Beyond, NCERT Class VIII, p. 153. Examples include the National Human Rights Commission (NHRC) or SEBI.
• Executive Bodies: These are established by a simple Executive Resolution or order passed by the Cabinet. They have neither a specific Constitutional Article nor a specific Act of Parliament behind them. They are created to help the Executive (the Prime Minister and Council of Ministers) implement policy and administration Indian Constitution at Work, NCERT Class XI, p. 79. A famous example is the NITI Aayog (which replaced the Planning Commission).

Feature	Constitutional	Statutory	Executive
Source of Power	The Constitution	Act of Parliament	Cabinet Resolution
How to Change?	Constitutional Amendment	Amending the Law	New Executive Order
Examples	UPSC, CAG, AG	NHRC, Lokpal	NITI Aayog

Sources: Indian Polity, M. Laxmikanth(7th ed.), Chapter 46: Finance Commission, p.431; Exploring Society: India and Beyond, Social Science, Class VIII NCERT (Revised ed 2025), The Parliamentary System: Legislature and Executive, p.153; Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.), EXECUTIVE, p.79

2. Characteristics of Constitutional Bodies (intermediate)

To understand the architecture of Indian governance, we must distinguish between bodies that are part of the 'original design' and those added later for administrative convenience. Constitutional Bodies are those that derive their powers, functions, and very existence directly from the text of the Constitution of India. They are not mere creations of the Parliament or the Cabinet; they are fundamental institutions envisaged by the makers of the Constitution as the 'bulwarks of the democratic system' Indian Polity, Salient Features of the Constitution, p.32. Because they are mentioned in specific Articles, any change to their structure, powers, or composition requires a formal Constitutional Amendment under Article 368, rather than a simple legislative act Introduction to the Constitution of India, Procedure for Amendment, p.191.

The primary purpose of these bodies is to ensure independence and neutrality in critical areas of governance. For instance, the Election Commission (Article 324) ensures free and fair elections, while the Comptroller and Auditor-General (Article 148) acts as the guardian of the public purse Indian Polity, Salient Features of the Constitution, p.32. In contrast, bodies like the (now-defunct) Planning Commission or the NITI Aayog are 'non-constitutional' because they were created via executive resolutions or legislative statutes, meaning they can be modified or abolished without amending the Constitution itself.

Feature	Constitutional Body	Non-Constitutional (Statutory/Executive)
Origin	Derived directly from the Constitution (Articles).	Derived from an Act of Parliament or Executive Order.
Amendment	Requires an Amendment under Article 368.	Requires a simple Act or Cabinet decision.
Authority	Supreme; acts as an independent watchdog.	Usually advisory or specific to a legislative mandate.
Examples	UPSC (Art 315), Finance Commission (Art 280).	NHRC, NITI Aayog, SEBI.

Sources: Indian Polity, M. Laxmikanth(7th ed.), Salient Features of the Constitution, p.32; Introduction to the Constitution of India, D. D. Basu (26th ed.), Procedure for Amendment, p.191

3. The Finance Commission (Article 280) (intermediate)

In the architecture of Indian federalism, there is a fundamental mismatch: the Central government has the lion's share of tax-raising powers, while the States bear the primary responsibility for public welfare (like education and health). To bridge this "vertical imbalance," Article 280 of the Constitution provides for a Finance Commission (FC). It is designed as a quasi-judicial body, constituted by the President of India every fifth year, or even earlier if necessary Laxmikanth, M. Indian Polity, Chapter 46, p.431.

The Finance Commission acts as the "balancing wheel of fiscal federalism." Its primary duty is to make recommendations to the President on how the "net proceeds" of taxes should be shared between the Union and the States (vertical devolution) and how that share should be divided among the States themselves (horizontal devolution). It also defines the principles governing grants-in-aid to the States out of the Consolidated Fund of India D. D. Basu, Introduction to the Constitution of India, DISTRIBUTION OF FINANCIAL POWERS, p.387.

Following the 73rd and 74th Constitutional Amendment Acts, the Commission's role expanded. It now also suggests measures to augment the Consolidated Fund of a State to supplement the resources of Panchayats and Municipalities, based on the recommendations made by the respective State Finance Commissions Laxmikanth, M. Indian Polity, Chapter 38, p.390. While the Constitution establishes the Commission, it leaves the qualifications of its members and the manner of their selection to be determined by Parliament, which it did through the Finance Commission Act of 1951.

Feature	Details
Nature	Constitutional, Quasi-judicial, and Advisory body.
Composition	A Chairman and four other members appointed by the President.
Key Function	Distribution of tax proceeds and principles of grants-in-aid.
Duration	Constituted every 5 years (not a permanent body).

It is important to remember that the recommendations of the Finance Commission are advisory in nature and not binding on the government. However, given its constitutional status and quasi-judicial character, its advice is rarely ignored without compelling reasons Laxmikanth, M. Indian Polity, Chapter 46, p.432.

Sources: Laxmikanth, M. Indian Polity, Chapter 46: Finance Commission, p.431; Introduction to the Constitution of India, D. D. Basu, DISTRIBUTION OF FINANCIAL POWERS, p.387; Laxmikanth, M. Indian Polity, Chapter 46: Finance Commission, p.432; Laxmikanth, M. Indian Polity, Chapter 38: Panchayati Raj, p.390

4. Election Commission and UPSC (Articles 324 & 315) (intermediate)

In our journey through constitutional bodies, we now encounter the independent bulwarks of Indian democracy: the Election Commission (ECI) and the Union Public Service Commission (UPSC). These are not merely administrative offices; they are created directly by the Constitution to ensure that the two most vital processes of a republic—choosing leaders and selecting administrators—remain free from political interference.

Article 324 acts as the fountainhead for the Election Commission. It grants the commission the power of superintendence, direction, and control of elections. This phrasing is intentionally broad, giving the ECI a decisive role in everything from preparing electoral rolls to the final declaration of results Indian Constitution at Work (NCERT), Chapter 3, p.68. However, a crucial distinction to remember is its jurisdiction. The ECI handles elections for Parliament, State Legislatures, and the offices of the President and Vice-President. It does not conduct elections for Panchayats and Municipalities; those are handled by State Election Commissions Indian Polity, M. Laxmikanth, Chapter 42, p.419.

Parallel to this, Article 315 provides for Public Service Commissions for both the Union and the States. The UPSC serves as the central recruiting agency, designed to be the "watchdog of the merit system" in India. By placing the UPSC under Articles 315 to 323 of Part XIV, the Constitution ensures that the appointment, removal, and conditions of service for its members are protected from the whims of the executive Indian Polity, M. Laxmikanth, Chapter 44, p.427. This structural independence is what allows these bodies to function as neutral arbiters in their respective fields.

Feature	Election Commission (ECI)	Public Service Commission (UPSC)
Constitutional Article	Article 324	Article 315
Primary Role	Ensuring free and fair elections.	Merit-based recruitment for services.
Scope	Union and State legislatures + President/VP.	Union services (with SPSCs for States).

Sources: Indian Constitution at Work (NCERT), Chapter 3: Election and Representation, p.68; Indian Polity, M. Laxmikanth, Chapter 42: Election Commission, p.419; Indian Polity, M. Laxmikanth, Chapter 44: Union Public Service Commission, p.427

5. Executive Bodies: The Case of Planning Commission (exam-level)

In our journey through the machinery of Indian governance, we encounter three types of bodies: Constitutional (defined in the Constitution), Statutory (created by an Act of Parliament), and Executive. The Planning Commission, established in March 1950, was the quintessential example of an Executive Body. It was created neither by the Constitution nor by a law passed in Parliament, but through a simple Executive Resolution of the Union Cabinet M. Laxmikanth, Indian Polity, NITI Aayog, p.471. This gave the government the flexibility to define its structure and eventually replace it with NITI Aayog in 2015 without needing a complex legislative process.

The Planning Commission was born from the recommendations of the Advisory Planning Board, chaired by K.C. Neogi in 1946. Its primary mission was to act as the "think tank" for India’s developmental journey. It was tasked with assessing the nation's material, capital, and human resources and formulating Five-Year Plans for their most effective and balanced utilization Vivek Singh, Indian Economy, Indian Economy [1947–2014], p.222. However, it is vital to remember its advisory nature: it did not have the power to implement its own decisions; its recommendations only became effective once the Union Cabinet gave them the green light NCERT Class XII, Politics in India since Independence, Politics of Planned Development, p.48.

Despite being a "non-constitutional" body, the Planning Commission wielded immense power, often leading to friction with the Finance Commission (a constitutional body under Article 280). While the Finance Commission was designed as the "balancing wheel of fiscal federalism," its role was sometimes overshadowed by the Planning Commission’s control over "Plan Expenditure" M. Laxmikanth, Indian Polity, Finance Commission, p.432. This overlap created a unique administrative dynamic where an executive body influenced the financial transfers to states, a role originally intended for a quasi-judicial constitutional authority D. D. Basu, Introduction to the Constitution of India, Administrative Relations, p.397.

Feature	Planning Commission (Executive)	Finance Commission (Constitutional)
Origin	Cabinet Resolution (1950)	Article 280 of the Constitution
Status	Non-Constitutory / Non-Statutory	Constitutional / Quasi-Judicial
Focus	Economic Planning & Resource Allocation	Vertical & Horizontal Tax Devolution

Sources: Indian Polity, M. Laxmikanth(7th ed.), NITI Aayog, p.471; Indian Economy, Vivek Singh (7th ed. 2023-24), Indian Economy [1947 – 2014], p.222; Politics in India since Independence, Textbook in political science for Class XII (NCERT 2025 ed.), Politics of Planned Development, p.48; Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill., Finance Commission, p.432; Introduction to the Constitution of India, D. D. Basu (26th ed.), ADMINISTRATIVE RELATIONS BETWEEN THE UNION AND THE STATES, p.397

6. Constitutional Status Comparison (exam-level)

In our journey through Indian governance, it is vital to distinguish between bodies based on their source of authority. Think of this as a hierarchy of 'legal DNA.' The closer a body is to the Constitution, the more protected and independent it tends to be.
At the top are Constitutional Bodies. These are explicitly mentioned in the text of the Constitution (e.g., Article 324 for the Election Commission or Article 280 for the Finance Commission). Because they derive power directly from the supreme law, any change to their core structure or powers usually requires a formal Constitutional Amendment M. Laxmikanth, Indian Polity, Chapter 46, p.431. Below them are Statutory Bodies, which are created by an Act of Parliament (a 'statute'). While they are powerful, Parliament can modify or abolish them by passing a regular law.
Finally, we have Executive Bodies (also called Non-Constitutional and Non-Statutory bodies). These are created by a simple Executive Resolution or Cabinet order. They do not have a specific Article in the Constitution, nor do they have a dedicated Act of Parliament. A classic example is the Planning Commission (established in 1950) and its successor, NITI Aayog Vivek Singh, Indian Economy, Indian Economy after 2014, p.228. These bodies act as advisory organs to the government, offering flexibility in policy-making without the rigid legal requirements of constitutional entities.

Feature	Constitutional Body	Statutory Body	Executive Body
Source	The Constitution (Articles)	Act of Parliament	Cabinet Resolution
Amendment	Requires Art. 368 Amendment	Ordinary Law Change	New Cabinet Order
Examples	UPSC, Finance Commission, ECI	NHRC, SEBI, Lokpal	NITI Aayog, NDC

Sources: Indian Polity, M. Laxmikanth, Chapter 46: Finance Commission, p.431-432; Indian Economy, Vivek Singh, Indian Economy after 2014, p.228

7. Solving the Original PYQ (exam-level)

Now that you have mastered the distinctions between Constitutional Bodies, Statutory Bodies, and Executive Bodies, this question serves as the perfect application of that classification. The fundamental building block here is recognizing whether a body derives its authority directly from an Article within the original text of the Constitution. While all four options represent high-profile institutions that shape Indian governance, only three are "stated" or explicitly mandated by the supreme law of the land. As a student of polity, your first step should always be to mentally scan for an associated Article number for each entity.

To arrive at the correct answer, walk through the origin story of each institution. You will recall that the Election Commission is anchored by Article 324, the Finance Commission is a quasi-judicial body mandated by Article 280, and the Union Public Service Commission (UPSC) is directly created under Articles 315-323. When you search for a similar constitutional "address" for the Planning Commission, you will find it is absent. Instead, it was established via a simple executive resolution in 1950. Because it was created by the Cabinet and not by the Constitution or an Act of Parliament, the Planning Commission (now replaced by NITI Aayog) is the correct answer as it is non-constitutional and non-statutory.

A common trap UPSC sets is grouping highly influential bodies together to see if you can distinguish between functional importance and legal status. Students often assume that because the Planning Commission wielded immense power over the five-year plans, it must have been constitutional. However, as detailed in Laxmikanth, M. Indian Polity, constitutional bodies are rigid and require a formal amendment to change, whereas the Planning Commission was an advisory organ that the executive could restructure at will. Recognizing that Article 280, Article 324, and Article 315 provide the "birth certificates" for the other options allows you to confidently eliminate them.