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Which one of the following Commissions is not provided in the Constitution of India?
Explanation
The Planning Commission is not provided for in the Constitution of India. It was established in 1950 as an extra-constitutional, non-statutory body through an executive resolution of the Government of India. In contrast, the other options are constitutional bodies with specific mandates. The Election Commission is established under Article 324 to ensure free and fair elections. The Finance Commission is a quasi-judicial body constituted by the President every fifth year under Article 280 [1]. The Union Public Service Commission (UPSC) is provided for under Articles 315 to 323, which detail its composition, appointment, and powers. While the Planning Commission (now replaced by NITI Aayog) served as a central planning agency, it lacked a constitutional basis, unlike the UPSC, Finance Commission, and Election Commission [1].
Sources
- [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 46: Finance Commission > CHAPTER" 46 Finance Commission > p. 431
Detailed Concept Breakdown
9 concepts, approximately 18 minutes to master.
1. Classification of Government Bodies in India (basic)
To understand how India is governed, we must look at the 'birth certificate' of various government organizations. In the UPSC journey, we classify these bodies into three main categories based on their source of authority: Constitutional, Statutory, and Executive (also called Non-Statutory or Extra-Constitutional) bodies. Think of the Constitution as the foundational blueprint of a house; some rooms were part of the original design, while others were added later through legal permits or simple internal arrangements.1. Constitutional Bodies: These are the most prestigious and powerful because they derive their powers directly from the Constitution of India. They are specifically mentioned in the text of the Constitution, often with a dedicated Article number. For instance, the Election Commission is established under Article 324, and the Finance Commission under Article 280 M. Laxmikanth, Indian Polity, p.431. Because they are part of the 'basic blueprint,' their composition or powers can only be changed by a Constitutional Amendment, which is a rigorous process.
2. Statutory Bodies: The word 'statute' means a law made by a legislature. These bodies are not mentioned in the Constitution but are created by an Act of Parliament (or State Legislature). They are established to perform specific functions, such as protecting human rights (NHRC) or regulating the stock market (SEBI). Since they are created by a law, Parliament can also modify or abolish them by passing a simple law, making them slightly more flexible than constitutional bodies.
3. Executive Bodies: These are created by a simple Executive Resolution or order of the Government (the Cabinet). They have neither a constitutional nor a legal (statutory) backing. A classic example is NITI Aayog (which replaced the Planning Commission). The government can create or dissolve these bodies without needing to pass a bill in Parliament or amend the Constitution. While they lack 'hard' legal status, they often play a massive role in policy-making and administration NCERT, Indian Constitution at Work, p.78.
| Feature | Constitutional Body | Statutory Body | Executive Body |
|---|---|---|---|
| Source of Power | The Constitution of India | An Act of Parliament/State Legislature | Government Order/Executive Resolution |
| Amendment | Requires Constitutional Amendment | Requires Ordinary Law Change | Simple Government Notification |
| Examples | UPSC, Finance Commission, CAG | NHRC, SEBI, Lokpal | NITI Aayog, National Development Council |
Sources: Indian Polity, M. Laxmikanth, Finance Commission, p.431; Indian Constitution at Work, NCERT Class XI, Executive, p.78; Indian Polity, M. Laxmikanth, Advocate General of the State, p.453
2. Major Constitutional Commissions and their Articles (basic)
To understand the structure of the Indian state, we must first distinguish between Constitutional Bodies and others. A Constitutional body is one that derives its powers, functions, and existence directly from the text of the Constitution of India. This means any change to their powers usually requires a formal Constitutional Amendment. As noted in Indian Polity, M. Laxmikanth(7th ed.), Chapter 42, p.419, these bodies are established to ensure independence and impartiality in crucial governance areas like elections, finance, and recruitment. Three of the most vital commissions include the Election Commission of India (ECI), the Finance Commission (FC), and the Union Public Service Commission (UPSC). The ECI, under Article 324, is tasked with the 'superintendence, direction, and control' of elections to Parliament, State Legislatures, and the offices of the President and Vice-President Indian Constitution at Work, NCERT Class XI, p.68. It is important to remember that the ECI does not handle local body elections (Panchayats and Municipalities); those are managed by State Election Commissions. While the ECI ensures political democracy, the Finance Commission (constituted under Article 280) ensures fiscal federalism. It is a quasi-judicial body appointed by the President every five years to recommend how tax revenues should be shared between the Union and the States Introduction to the Constitution of India, D. D. Basu (26th ed.), p.387. Similarly, Articles 315 to 323 provide for the UPSC to maintain the merit system in the Indian civil services. In contrast, some powerful bodies are extra-constitutional. For instance, the former Planning Commission (now replaced by NITI Aayog) was created via an executive resolution of the Government, not by the Constitution itself. Such bodies are advisory and do not have a specific 'Article' defining them in the primary text of the Constitution.| Commission | Article | Primary Mandate |
|---|---|---|
| Election Commission | 324 | Free and fair elections (National/State level) |
| Finance Commission | 280 | Distribution of financial resources (Union-State) |
| UPSC | 315 - 323 | Recruitment to All-India and Central Services |
Sources: Indian Polity, M. Laxmikanth(7th ed.), Chapter 42: Election Commission, p.419; Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.), ELECTION AND REPRESENTATION, p.68; Introduction to the Constitution of India, D. D. Basu (26th ed.), DISTRIBUTION OF FINANCIAL POWERS, p.387; Indian Polity, M. Laxmikanth(7th ed.), Chapter 46: Finance Commission, p.433
3. Safeguarding Independence of Constitutional Bodies (intermediate)
To understand why the Indian Constitution goes to such great lengths to protect certain bodies, we must first recognize their role as 'Watchdogs' of the Democracy. If the executive branch (the government of the day) had the power to easily dismiss the head of the Election Commission or stop the salaries of UPSC members, these bodies would become mere 'puppets' of the ruling party. Independence ensures they can act without fear or favor Laxmikanth, M. Indian Polity, Supreme Court, p.289.The Constitution employs three main 'shields' to safeguard this independence:
- Security of Tenure: Most heads of constitutional bodies cannot be removed at the 'pleasure' of the President. For instance, the Chairman of the UPSC or the Chief Election Commissioner (CEC) can only be removed through a process similar to that of a Supreme Court judge—requiring proven misbehavior or incapacity Laxmikanth, M. Indian Polity, Union Public Service Commission, p.424.
- Fixed Service Conditions: The Constitution mandates that the salary, allowances, and leave of absence of these officials cannot be varied to their disadvantage after their appointment. This prevents the government from 'punishing' an official financially for taking a bold stand Laxmikanth, M. Indian Polity, Election Commission, p.420.
- Financial Autonomy: Their administrative expenses and salaries are 'Charged' upon the Consolidated Fund of India (CFI). This means these amounts are not subject to a vote in Parliament, ensuring the body doesn't have to 'beg' for its operating budget every year D. D. Basu, Introduction to the Constitution of India, The Union Legislature, p.258.
However, independence is not always absolute. For example, while the CEC has high security of tenure, the other Election Commissioners do not enjoy the same constitutional protection and can be removed on the recommendation of the CEC D. D. Basu, Introduction to the Constitution of India, ELECTIONS, p.450. This nuance is a frequent area of focus in civil services examinations.
| Feature | Voted Expenditure | Charged Expenditure |
|---|---|---|
| Parliamentary Approval | Requires annual voting/approval. | Can be discussed, but NOT voted upon. |
| Purpose | General government spending. | Salaries of SC Judges, UPSC, CAG, etc. |
Sources: Laxmikanth, M. Indian Polity, Supreme Court, p.289; Laxmikanth, M. Indian Polity, Union Public Service Commission, p.424; Laxmikanth, M. Indian Polity, Election Commission, p.420; D. D. Basu, Introduction to the Constitution of India, The Union Legislature, p.258; D. D. Basu, Introduction to the Constitution of India, ELECTIONS, p.450
4. Statutory Bodies: Creation and Mandate (intermediate)
In our journey through the machinery of the Indian state, we must distinguish between bodies that the Constitution-makers wrote into the document itself and those that the Parliament creates as the need arises. A Statutory Body is an organization established not by the Constitution, but by a Statute (an Act passed by the Parliament or State Legislature). While Constitutional bodies derive their power directly from the Constitution, statutory bodies derive theirs from specific legislation. Because they are created by law, the Parliament can also modify their powers or even abolish them through a simple legislative amendment, offering more flexibility than constitutional bodies Laxmikanth, M. Indian Polity, National Human Rights Commission, p.473.
The mandate of these bodies is typically specialized. They are often envisioned as "watchdogs" to protect specific rights or oversee particular sectors where the government might have a conflict of interest. For instance, the National Human Rights Commission (NHRC) was established under the Protection of Human Rights Act, 1993 to intervene in cases of rights violations where government agencies might be failing NCERT Class IX, Democratic Politics-I, p.86. Similarly, the National Commission for Women (NCW) was created via the National Commission for Women Act, 1990 to serve as an apex body for grievance redressal and policy recommendation Laxmikanth, M. Indian Polity, National Commission for Women, p.480.
Interestingly, the status of these bodies is not always permanent. A body can start as statutory and later be elevated to constitutional status if the Parliament feels it requires greater protection and prestige. A perfect example is the National Commission for Backward Classes (NCBC). It was initially a statutory body created in 1993 following a Supreme Court directive, but the 102nd Amendment Act of 2018 conferred constitutional status upon it by inserting Article 338-B Laxmikanth, M. Indian Polity, National Commission for BCs, p.440.
| Feature | Constitutional Body | Statutory Body |
|---|---|---|
| Source of Power | The Constitution (Articles) | An Act of Parliament (Statute) |
| Ease of Change | Requires Constitutional Amendment | Requires Legislative Amendment |
| Examples | Election Commission, UPSC | NHRC, NCW, SEBI |
1990 — National Commission for Women established (Statutory)
1993 — National Human Rights Commission established (Statutory)
1993 — NCBC established as a statutory body (later Constitutional in 2018)
Sources: Indian Polity, M. Laxmikanth (7th ed.), National Human Rights Commission, p.473; Democratic Politics-I, Political Science-Class IX, NCERT (Revised ed 2025), DEMOCRATIC RIGHTS, p.86; Indian Polity, M. Laxmikanth (7th ed.), National Commission for Women, p.480; Indian Polity, M. Laxmikanth (7th ed.), National Commission for BCs, p.440
5. Executive Bodies and the Planning Era (intermediate)
In the study of Indian governance, it is vital to distinguish how different organizations derive their authority. We generally classify these into three categories: Constitutional bodies (mentioned in the Constitution), Statutory bodies (created by an Act of Parliament), and Executive bodies (created by a Government resolution). The Planning Commission, established in March 1950, falls into the third category. It was an extra-constitutional and non-statutory body, meaning it was not created by the Constitution nor by a law passed in Parliament, but through a simple resolution of the Union Cabinet NCERT: Politics in India since Independence, Politics of Planned Development, p.48.
The primary mandate of the Planning Commission was to act as the architect of India's development. It was assigned the massive responsibility of assessing the nation's capital, material, and human resources, and then drafting plans for their most "productive and balanced usage" Vivek Singh: Indian Economy, Indian Economy [1947 – 2014], p.222. However, from a legal standpoint, its power was purely advisory. Unlike a Constitutional body like the Finance Commission, which has a specific legal mandate to distribute taxes, the Planning Commission's recommendations only became effective after they were approved by the Union Cabinet NCERT: Politics in India since Independence, Politics of Planned Development, p.48.
To help you visualize where this body sits in the broader framework of Indian polity, consider this comparison with other major commissions:
| Body | Nature | Source of Authority |
|---|---|---|
| Election Commission | Constitutional | Article 324 |
| Finance Commission | Constitutional | Article 280 |
| UPSC | Constitutional | Articles 315–323 |
| Planning Commission | Executive | Cabinet Resolution (1950) |
The Planning Era was not a sudden development; it was preceded by various proposals like the 1947 Economic Programme Committee and the 1950 Sarvodaya Plan drafted by Jayaprakash Narayan, which emphasized land reforms and small-scale industries Nitin Singhania: Economic Planning in India, Economic Planning in India, p.134. While the Planning Commission has now been replaced by NITI Aayog, understanding its executive nature is fundamental to understanding how the Indian state concentrated its developmental powers without needing a formal Constitutional amendment.
Sources: Politics in India since Independence, Textbook in political science for Class XII (NCERT 2025 ed.), Politics of Planned Development, p.48; Indian Economy, Vivek Singh (7th ed. 2023-24), Indian Economy [1947 – 2014], p.222; Indian Economy, Nitin Singhania (ed 2nd 2021-22), Economic Planning in India, p.134
6. Evolution from Planning Commission to NITI Aayog (exam-level)
For over six decades, the Planning Commission served as the nerve center of India's development. Established in 1950 via an executive resolution, it was an extra-constitutional and non-statutory body M. Laxmikanth, Indian Polity, p.431. However, over time, its "top-down" approach—where the Center designed plans and states were tasked with implementation—was criticized for being out of sync with India's diverse reality. Following a 2014 evaluation that recommended its replacement, the Union Cabinet scrapped the commission to pave the way for a more collaborative institution Rajiv Ahir, A Brief History of Modern India, p.779. On January 1, 2015, the NITI Aayog (National Institution for Transforming India) was established. Like its predecessor, it remains a non-constitutional and non-statutory body created by a Cabinet resolution Nitin Singhania, Indian Economy, p.143. However, the philosophy shifted from a command-style economy to a policy think tank model. A major structural change is that NITI Aayog does not have the power to allocate funds to ministries or states; that function has been transferred back to the Finance Ministry Vivek Singh, Indian Economy, p.228. The hallmark of this evolution is the transition from central planning to Cooperative Federalism. NITI Aayog operates on the principle that "strong states make a strong nation." While the Planning Commission restricted state roles largely to the National Development Council, NITI Aayog’s Governing Council includes all Chief Ministers and Lieutenant Governors, ensuring a bottom-up approach where states are equal partners in national interest Vivek Singh, Indian Economy, p.227-228.| Feature | Planning Commission | NITI Aayog |
|---|---|---|
| Approach | Top-down (Center to States) | Bottom-up (States to Center) |
| Financial Power | Allocated funds to states/ministries | No power to allocate funds |
| Role of States | Limited (Annual plan approval) | Equal partners (Governing Council) |
| Status | Non-constitutional, Non-statutory | Non-constitutional, Non-statutory |
Sources: Indian Polity, M. Laxmikanth, Chapter 46: Finance Commission, p.431; A Brief History of Modern India, Rajiv Ahir (Spectrum), After Nehru..., p.779; Indian Economy, Nitin Singhania, Economic Planning in India, p.143; Indian Economy, Vivek Singh, Indian Economy after 2014, p.227-228
7. Special Constitutional Officers (Non-Commission) (exam-level)
In our study of the Indian administrative architecture, we distinguish between Constitutional Commissions (which are multi-member bodies like the UPSC or Election Commission) and Special Constitutional Officers. These officers are unique, individual roles created directly by the Constitution to perform critical oversight or advisory functions. Because they are individual offices rather than boards, they are often referred to as 'Special Footing' offices. The two primary examples we focus on are the Attorney General of India (AGI) and the Comptroller and Auditor General of India (CAG). The Attorney General, established under Article 76, is the first law officer of the Government of India Introduction to the Constitution of India, The Union Executive, p.232. Unlike a typical lawyer, the AGI has a constitutional right to speak and participate in the proceedings of both Houses of Parliament (and their committees), though they cannot vote. This ensures the government’s legal standing is representable directly within the legislature Indian Polity, Attorney General of India, p.451. In contrast, the CAG, mandated by Article 148, acts as the 'Guardian of the Public Purse.' The CAG ensures that the government spends money only as authorized by Parliament, providing a vital check on the executive's financial powers through audit reports submitted to the President Indian Polity, Comptroller and Auditor General of India, p.449.| Feature | Attorney General (AGI) | Comptroller & Auditor General (CAG) |
|---|---|---|
| Article | Article 76 | Article 148 |
| Primary Role | Highest Law Officer; Legal Advisor to GoI | Auditor-in-chief; Financial Oversight |
| Tenure | During the pleasure of the President | Fixed (6 years or until age 65) |
| Parliamentary Rights | Right to speak and participate (no vote) | None; independent external watchdog |
Sources: Indian Polity, M. Laxmikanth (7th ed.), Attorney General of India, p.450-451; Indian Polity, M. Laxmikanth (7th ed.), Comptroller and Auditor General of India, p.449; Introduction to the Constitution of India, D. D. Basu (26th ed.), The Union Executive, p.232
8. Identifying Non-Constitutional Bodies in Exams (exam-level)
To master Indian Polity for the UPSC exam, you must be able to distinguish between three types of bodies: Constitutional, Statutory, and Executive (Non-Statutory). The easiest way to identify a Constitutional body is the 'Article Test': if the body is explicitly mentioned in the text of the Constitution with a dedicated Article number, it is constitutional. For instance, the Union Public Service Commission (UPSC) and State Public Service Commissions (SPSC) are governed by Articles 315 to 323 Indian Polity, State Public Service Commission, p.427, and the Finance Commission is established under Article 280.Non-Constitutional bodies are categorized by how they were born. Statutory bodies are created by an Act of Parliament (a statute). A prime example is the Central Information Commission (CIC), which was established under the provisions of the Right to Information Act, 2005 Indian Polity, Central Information Commission, p.493. Because it relies on a law rather than the Constitution, it is statutory. On the other hand, Executive bodies (like the erstwhile Planning Commission or the current NITI Aayog) are created by a simple Government Resolution or Cabinet decision. They have neither a specific Article in the Constitution nor a specific Act of Parliament governing their existence.
When facing a 'Match the Following' or 'Identify' question in the exam, remember that constitutional bodies usually perform core sovereign functions (elections, audits, recruitment, federal tax sharing). Use the table below to visualize these distinctions:
| Type of Body | Source of Power | Examples |
|---|---|---|
| Constitutional | Constitution of India (Articles) | CAG (Art. 148), Attorney-General (Art. 76), Election Commission (Art. 324) |
| Statutory | Act of Parliament/State Legislature | NHRC, Central Information Commission, SEBI |
| Executive | Cabinet Resolution / Executive Order | NITI Aayog, National Development Council |
Sources: Indian Polity, M. Laxmikanth, State Public Service Commission, p.427; Indian Polity, M. Laxmikanth, Central Information Commission, p.493; Indian Polity, M. Laxmikanth, Advocate General of the State, p.453
9. 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 understanding. To solve this, you must apply the 'Article Test': if a body is 'provided in the Constitution,' it must be anchored to a specific Article number. Your recent study of the institutional framework of the Indian state highlights that while many bodies are essential for governance, only those explicitly mentioned in the text of the Constitution carry the weight of constitutional status.
As you evaluate the options, your mental checklist should immediately associate the U.P.S.C. with Articles 315 to 323, the Finance Commission with Article 280, and the Election Commission with Article 324. Because these are all derived directly from the constitutional text, they are wrong in the context of this 'not provided' query. This leaves the Planning Commission, which was established through a simple executive resolution in 1950. As an extra-constitutional and non-statutory body, it never possessed a constitutional Article, making (A) Planning Commission the correct answer. Think of it this way: the Planning Commission was a product of the government's executive will, whereas the others are products of the supreme law of the land.
A common trap UPSC sets is including very powerful or high-profile institutions to confuse candidates. You might feel that because the Planning Commission (now replaced by NITI Aayog) played such a central role in India's development for decades, it must be constitutional. However, importance does not equal constitutional status. Always look for the legal origin of the body—whether it was created by the Constitution, by an Act of Parliament, or by a Cabinet resolution—to avoid these traps, a distinction emphasized in M. Laxmikanth's Indian Polity.
SIMILAR QUESTIONS
Setting up of which one of the following not stated in the Constitution of India
Which one of the following is not a Constitutional Commission of India?
Which one among the following Commissions was set up in pursuance of a definite provision under an Article of the Constitution of India?
Which one among the following items was not added to the Concurrent List of the Constitution of India under the provisions of the 42nd Amendment Act, 1976?
Which one among the following is not a constitutional body in India ?
5 Cross-Linked PYQs Behind This Question
UPSC repeats concepts across years. See how this question connects to 5 others — spot the pattern.
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