← UPSC syllabus
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
- Election machinery: Representation of the People Act and Elections. Bodies for vulnerable sections: Welfare of Vulnerable Sections.
- General Studies III: “Various Security forces and agencies and their mandate”.