Constitutional Body Vs. Statutory Body

Constitutional Body:

Constitutional bodies are established directly by the Constitution of a country. Their creation, powers, and functions are outlined explicitly in the Constitution.

Examples: In India, some of the key constitutional bodies include:

• Election Commission of India
• Union Public Service Commission (UPSC)
• Finance Commission
• Comptroller and Auditor General of India (CAG)

Role: Constitutional bodies are usually created to ensure checks and balances between various organs of the state (Executive, Legislature, and Judiciary). They perform essential functions that are vital for the functioning of democracy, such as overseeing elections, maintaining financial accountability, or ensuring impartial recruitment.

Independence: These bodies typically enjoy a high degree of independence to carry out their functions without interference from the government, as their powers are enshrined in the Constitution.

Statutory Body:

Statutory bodies are created by a law passed by the Parliament or state legislature. These laws are often referred to as “Acts,” which define the body’s powers, structure, and duties.

Examples: Some statutory bodies in India include:

• Reserve Bank of India (RBI) (created by the Reserve Bank of India Act, 1934)
• Securities and Exchange Board of India (SEBI) (created by the SEBI Act, 1992)
• Telecom Regulatory Authority of India (TRAI) (created by the TRAI Act, 1997)

Role: Statutory bodies are created for specific purposes like regulation, oversight, and administration within specialized fields (e.g., finance, telecommunications, education). They help implement the laws made by the legislature.

Independence: While statutory bodies can operate independently in their functions, they are subject to changes in the law passed by the legislature, meaning their powers or structure can be altered by an Act of Parliament or the respective legislature.

Key Differences: