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UPSC Civil ServicesStage 2: Main Examination

Constitutional, Statutory, Regulatory and Quasi-judicial Bodies

What the official syllabus says

Main Examination, Paper III: General Studies II (Governance, Constitution, Polity, Social Justice and International relations):

  • Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.
  • Statutory, regulatory and various quasi-judicial bodies.

Topics in detail

Constitutional posts and bodies: what to know for each

  • Provision, composition, appointment, tenure, removal, powers, functions, independence, reports and recent issues

Constitutional bodies

  • Election Commission of India (Article 324): multi-member since 1993; removal of the Chief Election Commissioner in the manner of a Supreme Court judge (Article 324(5))
  • Union Public Service Commission and State Public Service Commissions (Articles 315 to 323): functions (Article 320), removal of members after a Supreme Court inquiry (Article 317), annual reports (Article 323)
  • Finance Commission (Article 280): constituted every fifth year or earlier; a chairman and four other members
  • Goods and Services Tax Council (Article 279A): Union and state finance ministers, weighted voting
  • Comptroller and Auditor General of India (Articles 148 to 151): removal like a Supreme Court judge; the 1971 Duties, Powers and Conditions of Service Act; compliance, financial and performance audit; reports to Parliament and legislatures
  • Attorney General (Article 76) and Advocate General (Article 165)
  • National Commission for Scheduled Castes (Article 338), National Commission for Scheduled Tribes (Article 338A), National Commission for Backward Classes (Article 338B)
  • Special Officer for Linguistic Minorities (Article 350B)
  • State Election Commission and State Finance Commission (Articles 243K and 243-I)

Statutory bodies

  • National Human Rights Commission and State Human Rights Commissions (Protection of Human Rights Act, 1993, amended in 2019): composition, powers of inquiry, recommendatory nature
  • Central Vigilance Commission (Central Vigilance Commission Act, 2003; Vineet Narain, 1997) and the Central Bureau of Investigation (powers under the Delhi Special Police Establishment Act, 1946); consent of states for CBI investigations
  • Lokpal and Lokayuktas (Lokpal and Lokayuktas Act, 2013): a chairperson and up to eight members, half of them judicial; selection committee; jurisdiction
  • Central and State Information Commissions (Right to Information Act, 2005): appointment, tenure and salaries after the 2019 amendment
  • National Commission for Women (1990 Act), National Commission for Minorities (1992 Act), National Commission for Protection of Child Rights (2005 Act)
  • National Disaster Management Authority (Disaster Management Act, 2005)

Regulatory bodies

  • Financial regulators: Reserve Bank of India (1934 Act), SEBI (1992 Act), IRDAI (1999 Act), PFRDA (2013 Act)
  • Sectoral regulators: TRAI (1997 Act), electricity regulatory commissions (Electricity Act, 2003), FSSAI (Food Safety and Standards Act, 2006)
  • Competition Commission of India (Competition Act, 2002); Data Protection Board (Digital Personal Data Protection Act, 2023)
  • Issues: independence, regulatory capture, overlap between regulators, accountability to Parliament, appointment of members

Quasi-judicial bodies

  • Meaning: bodies with powers resembling a court’s, deciding disputes or imposing penalties under a statute
  • National Green Tribunal (2010 Act), Central Administrative Tribunal, Armed Forces Tribunal (2007 Act)
  • National Company Law Tribunal and Appellate Tribunal (Companies Act, 2013), Income Tax Appellate Tribunal
  • Consumer commissions at district, state and national level (Consumer Protection Act, 2019)
  • Issues: tribunalisation of justice, vacancies, independence of members, appeals directly to the Supreme Court

Non-constitutional, executive bodies (for comparison)

  • NITI Aayog (Cabinet resolution, 2015) and other bodies created by executive resolution; how they differ from statutory bodies

Overlaps

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