Which one among the following Commissions was set up in pursuance of a definite provision under an Article of the Constitution of India?

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

Welcome to your first step in mastering the Election Commission of India (ECI). Before we dive into the mechanics of elections, we must understand the "legal DNA" of the institutions that run our country. In Indian Polity, bodies are classified based on their source of authority—essentially, where do they get their power from? Understanding this is the foundation of the entire administrative structure.

There are three primary categories of bodies you need to know:

• Constitutional Bodies: These are the "heavyweights." They are mentioned directly in the text of the Constitution of India. To create, change, or abolish them, the government must pass a Constitutional Amendment Bill. The Election Commission is a premier example, established under Article 324 Indian Polity, M. Laxmikanth(7th ed.), Chapter 43, p. 419.
• Statutory Bodies: These are created by an Act of Parliament (a statute). While they have legal backing, they do not have a specific Article in the Constitution. Parliament can modify them by passing a regular law. For instance, while the UPSC is constitutional, a Joint State Public Service Commission (JSPSC) is considered a statutory body because it is created by an act of Parliament at the request of states Indian Polity, M. Laxmikanth(7th ed.), Chapter 55, p. 430.
• Executive Bodies: These are created by a simple Executive Order or a resolution of the Union Cabinet. They are neither mentioned in the Constitution nor created by a law. A classic example is NITI Aayog Indian Polity, M. Laxmikanth(7th ed.), Appendix, p. 792.

To help you visualize the differences in their stability and authority, look at this comparison:

Feature	Constitutional Body	Statutory Body	Executive Body
Source	Articles in the Constitution	Law/Statute passed by Parliament	Cabinet Resolution / Govt Order
Change Mode	Constitutional Amendment (Art. 368)	Ordinary Legislative Process	New Executive Order
Examples	ECI, UPSC, Finance Commission	NHRC, SEBI, JSPSC	NITI Aayog

Sources: Indian Polity, M. Laxmikanth(7th ed.), Chapter 43: Election Commission, p.419; Indian Polity, M. Laxmikanth(7th ed.), Chapter 55: State Public Service Commission, p.430; Indian Polity, M. Laxmikanth(7th ed.), World Constitutions / Practice Questions, p.792

2. Characteristics and Creation of Statutory Bodies (basic)

To understand the Indian administrative landscape, we must distinguish between bodies based on how they are born. A Statutory Body is a professional organization or commission created by an Act of Parliament (a law or 'statute'). Unlike the Election Commission of India, which is a Constitutional Body because it is explicitly established by Article 324 of the Constitution Indian Polity, M. Laxmikanth (7th ed.), Chapter 43, p. 419, statutory bodies do not find a mention in the Constitution's original text. Instead, Parliament identifies a specific need—such as protecting human rights or regulating universities—and passes a law to bring a dedicated body into existence.

The defining characteristic of a statutory body is its legal authority. Because they are backed by a law, they have the power to enforce regulations and make decisions within their specific domain. However, they are more flexible than constitutional bodies. To change the structure of the Election Commission, one would need a Constitutional Amendment (a rigorous process). In contrast, to change a statutory body like the National Human Rights Commission (NHRC), Parliament only needs to pass an amendment to the Protection of Human Rights Act, 1993 Indian Polity, M. Laxmikanth (7th ed.), Chapter 57, p. 473.

It is also important to distinguish these from Executive Bodies. An executive body, such as the Law Commission of India, is established by a simple order or notification from the government and has no legislative backing Indian Polity, M. Laxmikanth (7th ed.), Chapter 76, p. 525. Interestingly, a body can change its status over time. For instance, the National Commission for Backward Classes (NCBC) started as a statutory body in 1993 but was elevated to a Constitutional Body in 2018 via the 102nd Amendment Act Indian Polity, M. Laxmikanth (7th ed.), Chapter 44, p. 440.

Type of Body	Source of Origin	Example
Constitutional	Articles of the Constitution	Election Commission of India
Statutory	Act of Parliament (Statute)	National Human Rights Commission
Executive	Government Order/Notification	NITI Aayog / Law Commission

Sources: Indian Polity, M. Laxmikanth (7th ed.), Chapter 43: Election Commission, p.419; Indian Polity, M. Laxmikanth (7th ed.), Chapter 57: National Human Rights Commission, p.473; Indian Polity, M. Laxmikanth (7th ed.), Chapter 44: National Commission for BCs, p.440; Indian Polity, M. Laxmikanth (7th ed.), Chapter 76: Law Commission of India, p.525

3. The Mandate of Constitutional Bodies (intermediate)

To understand the **Election Commission of India (ECI)**, we must first distinguish between the different types of public bodies in India. A Constitutional Body is one that is specifically mentioned and established by the Constitution of India itself. This means its powers, functions, and composition are protected by the highest law of the land. If the government wishes to change the core mandate of such a body, it cannot do so through a simple law; it requires a Constitutional Amendment under Article 368 M. Laxmikanth, Election Commission, p.419.

The ECI is a premier example of this. It derives its authority directly from Article 324, which vests the 'superintendence, direction, and control' of elections to Parliament, State Legislatures, and the offices of the President and Vice-President in the Commission M. Laxmikanth, Constitutional Prescriptions, p.455. This constitutional status is a safeguard, ensuring the Commission remains independent from the executive's day-to-day whims. Other examples of constitutional bodies include the Finance Commission (Article 280) and the Comptroller and Auditor-General of India (Article 148) D. D. Basu, Distribution of Financial Powers, p.387.

In contrast, many other important organizations are Statutory or Executive in nature. Statutory bodies are created by an Act of Parliament (a statute), such as the National Human Rights Commission (NHRC), which was established under the Protection of Human Rights Act, 1993 M. Laxmikanth, National Human Rights Commission, p.473. Executive bodies, like the NITI Aayog, are formed by a simple cabinet resolution. Understanding this 'birth certificate' of an institution tells you exactly how much independence and legal protection it enjoys.

Type of Body	Source of Authority	Example
Constitutional	A specific Article in the Constitution	Election Commission (Art. 324)
Statutory	An Act passed by Parliament	NHRC (Act of 1993)
Executive	Government order / Cabinet resolution	NITI Aayog

Sources: Indian Polity, M. Laxmikanth (7th ed.), Election Commission, p.419; Indian Polity, M. Laxmikanth (7th ed.), Constitutional Prescriptions, p.455; Indian Polity, M. Laxmikanth (7th ed.), National Human Rights Commission, p.473; Introduction to the Constitution of India, D. D. Basu (26th ed.), Distribution of Financial Powers, p.387

4. Evolution from Executive to Statutory: The Case of CVC (intermediate)

To understand the administrative landscape of India, we must distinguish between how bodies are born. Some are born from the Constitution itself (like the Election Commission), while others are created by the Legislature through a law (Statutory), or by the Executive through a simple government order. The Central Vigilance Commission (CVC) provides a fascinating case study of a body that climbed this hierarchy to gain more independence over time.

Originally, the CVC was established in 1964 following the recommendations of the Santhanam Committee on Prevention of Corruption Indian Polity, M. Laxmikanth (7th ed.), Central Vigilance Commission, p.499. At its inception, it was neither mentioned in the Constitution nor backed by a specific law passed by Parliament. Instead, it was created by an executive resolution of the Central Government. This meant that while it was the main agency for preventing corruption, its powers and existence were technically at the discretion of the government of the day.

The turning point came with a landmark Supreme Court judgment (often associated with the Vineet Narain case). The Court recognized that for an anti-corruption body to be truly effective, it needed a shield against political interference. It directed the government to confer statutory status upon the CVC Indian Polity, M. Laxmikanth (7th ed.), Landmark Judgements and Their Impact, p.634. This led to the enactment of the Central Vigilance Commission Act, 2003. This Act didn't just give the CVC a legal backbone; it also gave it the power of superintendence over the CBI specifically regarding investigations under the Prevention of Corruption Act, 1988 Indian Polity, M. Laxmikanth (7th ed.), Central Vigilance Commission, p.500.

Understanding this evolution is crucial because it highlights a trend in Indian governance: moving vital oversight bodies away from mere executive control toward legislative (statutory) or constitutional permanence to ensure autonomy and non-partisanship.

Sources: Indian Polity, M. Laxmikanth (7th ed.), Central Vigilance Commission, p.499-500; Indian Polity, M. Laxmikanth (7th ed.), Landmark Judgements and Their Impact, p.634

5. Independence and Autonomy of Constitutional vs Statutory Bodies (intermediate)

In the architecture of Indian governance, the Election Commission of India (ECI) stands as a premier Constitutional Body. This means it derives its existence and powers directly from the Constitution itself, specifically Article 324. This article vests the "superintendence, direction, and control" of elections to Parliament, State Legislatures, and the offices of the President and Vice-President in the Commission Indian Polity, M. Laxmikanth, Chapter 43, p.419. Because its roots are in the Constitution, any change to its core powers often requires a formal Constitutional Amendment, providing it a higher layer of protection against political whims.

In contrast, Statutory Bodies are created by an Act of Parliament (a statute). Examples include the National Human Rights Commission (NHRC), created by the Protection of Human Rights Act, 1993, and the University Grants Commission (UGC), established under the UGC Act, 1956 Indian Polity, M. Laxmikanth, Chapter 57, p.473. While they perform vital functions, their powers and existence can be modified or even abolished by a simple legislative majority in Parliament. This fundamental difference in their genesis is why Constitutional bodies are generally seen as more autonomous and permanent.

Feature	Constitutional Body (e.g., ECI)	Statutory Body (e.g., NHRC, UGC)
Source of Power	Directly from the Constitution (e.g., Art 324).	An Act of Parliament (Statute).
Flexibility	Difficult to change; requires Constitutional Amendment.	Easier to change; requires a simple Act of Parliament.
Independence	Usually enjoys higher constitutional safeguards.	Subject to the specifics of its parent Act.

A critical pillar of this autonomy is Financial Independence. For many high-ranking constitutional offices, the Constitution ensures that salaries and administrative expenses are 'charged' upon the Consolidated Fund of India. Unlike expenditure 'made' from the fund, 'charged' expenditure is non-votable by Parliament—it can be discussed but not voted upon Indian Polity, M. Laxmikanth, Chapter 22, p.252. Similarly, the Security of Tenure is vital. For instance, the Chief Election Commissioner (CEC) can only be removed through a process similar to a Supreme Court judge, ensuring they can function without fear of executive retaliation Indian Constitution at Work, NCERT Class XI, Chapter 6, p.126.

Sources: Indian Polity, M. Laxmikanth, Chapter 43: Election Commission, p.419; Indian Polity, M. Laxmikanth, Chapter 57: National Human Rights Commission, p.473; Indian Polity, M. Laxmikanth, Chapter 22: Parliament, p.252; Indian Constitution at Work, NCERT Class XI, Chapter 6: Judiciary, p.126

6. The Election Commission: Article 324 Powers (exam-level)

At the heart of India’s democratic machinery lies Article 324, which acts as the "fountainhead" of electoral authority. Unlike many other regulatory bodies that are created by an Act of Parliament (statutory) or a government order (executive), the Election Commission of India (ECI) is a Constitutional Body. This means its existence, powers, and independence are guaranteed by the Constitution itself Indian Polity, M. Laxmikanth (7th ed.), Chapter 43, p. 419. This constitutional status is vital because it protects the Commission from political interference, ensuring it can conduct "free and fair" elections, which is considered a part of the basic structure of the Constitution.

Article 324 vests the Commission with the power of superintendence, direction, and control over the preparation of electoral rolls and the conduct of elections. These three words are incredibly broad; the Supreme Court has interpreted them as a "plenary power," meaning that where the law is silent, the ECI has the inherent power to take necessary actions to ensure a fair poll Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.), Chapter 3, p. 68. However, it is important to remember the specific scope of this power. The ECI is responsible for elections to:

• Parliament (Lok Sabha and Rajya Sabha)
• State Legislatures (Legislative Assemblies and Councils)
• The office of the President
• The office of the Vice-President

Note: Elections to Panchayats and Municipalities are NOT handled by the ECI; they are managed by separate State Election Commissions.

To understand the weight of being a constitutional body, it helps to compare the ECI with other significant national organizations. While the ECI derives its power from Article 324, other bodies like the National Human Rights Commission (NHRC) or the University Grants Commission (UGC) are statutory—meaning they were created by a law passed by Parliament and can be altered or abolished by a simple amendment to that law Indian Polity, M. Laxmikanth (7th ed.), Chapter 57, p. 473. The Central Vigilance Commission (CVC) was even originally created via an executive resolution before becoming statutory. This distinction highlights the unique, high-level protection the ECI enjoys to safeguard the ballot box.

Body	Type of Body	Source of Power
Election Commission of India	Constitutional	Article 324 of the Constitution
National Human Rights Commission	Statutory	Protection of Human Rights Act, 1993
University Grants Commission	Statutory	UGC Act, 1956
Central Vigilance Commission	Statutory*	CVC Act, 2003 (Originally executive)

Sources: Indian Polity, M. Laxmikanth (7th ed.), Chapter 43: Election Commission, p.419; Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.), ELECTION AND REPRESENTATION, p.68; Indian Polity, M. Laxmikanth (7th ed.), Chapter 57: National Human Rights Commission, p.473

7. Solving the Original PYQ (exam-level)

Now that you have mastered the classification of Indian institutions, this question serves as the perfect application of that knowledge. UPSC frequently tests your ability to distinguish between Constitutional Bodies (derived directly from the text of the Constitution), Statutory Bodies (created by an Act of Parliament), and Executive Bodies (established by a government order). To solve this, you must apply the building block of institutional hierarchy: only a body with a specific, numbered Article assigned to it at the time of its inception (or via Amendment) qualifies as being set up in pursuance of a definite constitutional provision.

When you scan the options, your reasoning should immediately look for a numerical Article associated with each name. As detailed in Indian Polity by M. Laxmikanth, the Election Commission is explicitly mandated under Article 324, which vests it with the power of superintendence, direction, and control of elections. Because its existence is a definite provision within the Constitution itself, it is the only correct choice. This direct link ensures that the body's powers and independence are protected by the supreme law of the land rather than just a standard legislative act.

UPSC often uses high-profile organizations as traps to test your precision. For instance, the University Grants Commission (UGC) and the National Human Rights Commission (NHRC) are Statutory Bodies, meaning they were created by the UGC Act of 1956 and the Protection of Human Rights Act of 1993, respectively. Similarly, the Central Vigilance Commission (CVC) was originally an executive body and later became statutory, but it lacks a dedicated Constitutional Article. Always ask yourself: "Can I cite a specific Article number for this body?" If the answer is no, it is likely a statutory or executive entity designed to distract you.