We all knows that Constitution of any Country is the supreme law of the land so same is the case of our Country. Before discussing the title we need to first understand the term ‘Constitutional Bodies’.
Constitutional Bodies are those which are defined in constitution of India and derives their powers, limitations and other features directly from the Constitution of India. These are those bodies which are clearly mentioned in some article of the Constitution itself.
Well our Constitution is years old and it doesn’t implies that only those bodies which were originally incorporated in the Indian constitution would only be included but it includes the institutions added through constitutional amendments from time to time.
Constitutional bodies are basically institutions/offices of supreme importance in a nation. It is very difficult to abolish these bodies because it will involve constitutional amendments and is immuned by the Constitution for many purposes.
For example UPSC, State Public Service Commissions, CAG, Election Commission, Finance Commission and many others are constitutional Bodies having great national importance. You will find these bodies in some article of the Constitution itself.
As explained above Constitutional Bodies are easy to understand as they are defined in constitution but many times people gets confused regarding Extra Constitutional Bodies.
The question here is that what are Extra-Constitutional Bodies and are they Constitutionally valid..?
So removing the ambiguity here, Extra- Constitutional Bodies are those which are not defined in the Constitution of India but they are formed either by a statue or by an executive action of the government.
Extra- Constitutional Bodies are of further two types:
1) Statutory Bodies- These are those bodies which are formed by passing a law of either of the parliament of india or by the respective state legislature(s).
Some Examples are:-
SEBI, National Human Rights Commission, National Green Tribunal (all Central Body) and state level bodies can be found in respective legislative assemblies.
All these statutory bodies are governed by respective central and state acts.
2) Executive Bodies- These are those bodies which are formed by an executive order of the government. There is no need of parliament or state legislatures approval to form these bodies. Most of the times governments passes an executive resolution to constitute these bodies.
SHRI NARENDRA MODI SET UP “NITI AAYOG” IS IT A “TUGHLUQ FARMAN”…?
According to some media reports a Politician was quoted as saying it as a “Tughluq Farman” but what is the realty….? Let us Understand
A classic example is the formation of “NITI AAYOG” when Shri. Narendra Modi before coming in to power in 2014 declared that his government will abolish then existing “PLANNING COMMISSION” and will replace it by “NITI AAYOG”.
WHAT IS THE REALITY…?
We have quoted this example here because have you imagined that how he so easily committed this as a part of his election manifesto that his government after coming in to power will scrap the years old Planning Commission and set up “NITI AAYOG.”
Yes you got it right because Planning Commission was only an executive body which was formed by the earlier UPA government and the Prime Minister stick to his words by setting up “NITI AAYOG” in place of the former just after winning his first term of elections in the year 2014.
The erstwhile Planning Commission was a very renowned body of the then Shri Manmohan Singh led UPA government which formulated the five year plans and many other important functions of the government of india for more than five decades.
We do not want to invite a political debate here but just to analyze the things from the perspective of constitutional validity, it is well within the powers of the NDA government to dissolve the erstwhile Planning Commission and replace it with NITI AAYOG.
The only reason it was abolished so easily because it was only as executive body having no statutory backing.
CONCLUSION: Therefore Extra- Constitutional Bodies are those bodies which are not defined in the Constitution of India and derives their power either through some statue or from an executive order of the government but not directly from the constitution.
Prima Facie they are Constitutionally valid and are not un-constitutional. Also in case of any dispute regarding the Constitutional Validity of an institution it is only the hon’ble Judiciary which can decide.
Thank You Remarks,
Absolute care is taken to prepare this article however inadvertently if any errors occur then neither the author nor publisher shall be held responsible for any such cause. The purpose is to spread awareness and it shall not be construed as rendering of any Professional advice in any manner whatsoever. Author also thanks the readers for reading this article.