Consider the following organizations/bodies in India: 1. The National Commission for Backward Classes 2. The National Human Rights Commission 3. The National Law Commission 4. The National Consumer Disputes Redressal Commission How many of the above are constitutional bodies?
Contents13
- AOnly one
- BOnly two
- COnly three
- DAll four
Show answer
Answer: (A) Only one
Only the National Commission for Backward Classes is a constitutional body (established by the 102nd Amendment, 2018 under Article 338B).
The NHRC is statutory (under Protection of Human Rights Act, 1993).
The Law Commission is an executive body.
The National Consumer Disputes Redressal Commission is statutory (under Consumer Protection Act).
So only one is constitutional
Answer is (a).
The National Commission for Backward Classes became a constitutional body through the 102nd Constitutional Amendment in 2018, gaining the same status as SC/ST Commissions.
UPSC frequently tests the distinction between constitutional bodies (created by Constitution), statutory bodies (created by Parliament acts), and executive bodies (created by government orders).
The question tests whether students can correctly classify each body's legal foundation rather than just knowing their functions.
National Commission for Backward Classes
Indian Polity National Commission for Backward Classes
National Commission for Backward Classes: Constitutional Status & Powers
Only constitutional body among NCBC, NHRC, Law Commission, and Consumer Commission
Established by 102nd Amendment Act, 2018 under Article 338B
Investigates complaints and monitors safeguards for socially and educationally backward classes
President appoints Chairperson and 4 members for 3-year terms
Constitutional Upgrade
The NCBC was originally a statutory body created in 1993. The 102nd Constitutional Amendment Act, 2018 elevated it to constitutional status by inserting Article 338B, making it the newest constitutional commission in India.
Key change: Constitutional status gives the NCBC greater autonomy and protection from government interference compared to statutory bodies.
Powers & Functions
Function Type | Specific Powers | Constitutional Provision |
|---|---|---|
Investigation | Investigate complaints of violation of rights | Article 338B(5) |
Monitoring | Monitor safeguards for backward classes | Article 338B(5) |
Advisory | Advise on socio-economic development | Article 338B(5) |
Reporting | Submit annual reports to President | Article 338B(3) |
Inquiry | Inquire into specific complaints with civil court powers | Article 338B(8) |
Question Context
This PYQ tested the distinction between constitutional and statutory bodies. The NCBC's recent constitutional upgrade (2018) makes it a favorite UPSC topic, especially in questions comparing multiple commissions.
Trap: Assuming NHRC is constitutional because it deals with fundamental rights - it's actually statutory
Trap: Confusing NCBC with National Commission for SCs/STs (Article 338) - both are constitutional but separate
Trap: Missing that NCBC became constitutional only in 2018 - before that it was statutory
Recent trend: UPSC frequently tests 102nd Amendment and its constitutional implications
Constitutional vs Statutory Bodies
Indian Polity
Constitutional vs Statutory vs Executive Bodies: Key Distinctions
Constitutional bodies derive power directly from Constitution - cannot be abolished by Parliament
Statutory bodies created by Acts of Parliament - can be dissolved by new legislation
Executive bodies formed by government orders - most flexible but least protected
Body Type Comparison
Type | Source of Power | Protection Level | Examples from Question |
|---|---|---|---|
Constitutional | Constitution Articles | Highest - needs amendment to dissolve | NCBC (Article 338B) |
Statutory | Parliamentary Acts | Medium - Act can be repealed | NHRC, Consumer Commission |
Executive | Government notifications | Lowest - can be dissolved anytime | Law Commission |
Constitutional Bodies in India
Election Commission (Articles 324-329) - conducts elections
Union Public Service Commission (Articles 315-323) - civil services recruitment
Comptroller and Auditor General (Articles 148-151) - audits government accounts
National Commission for SCs (Article 338) and STs (Article 338A)
National Commission for Backward Classes (Article 338B) - newest addition in 2018
Trap: Assuming all National Commissions are constitutional - only SC/ST/BC commissions are
Trap: Thinking Finance Commission is permanent - it's constituted every 5 years under Article 280
Confusion: NITI Aayog vs Planning Commission - both are executive bodies, not constitutional
Pattern: UPSC often asks 'How many are constitutional?' forcing exact classification knowledge
National Human Rights Commission
Indian Polity National Human Rights Commission
National Human Rights Commission: Statutory Framework & Powers
Statutory body established under Protection of Human Rights Act, 1993
Chairperson must be former Chief Justice of India
Follows Paris Principles adopted by UN General Assembly in 1991
Statutory Nature
NHRC is a statutory body, not constitutional. Created by the Protection of Human Rights Act, 1993 (amended in 2006 and 2019), it can be dissolved or restructured by Parliament through new legislation.
Composition: Chairperson (former CJI) + 4 members including former Supreme Court judge, former High Court Chief Justice, and 2 experts in human rights.
Key Functions
Investigate human rights violations by public servants
Review constitutional and legal safeguards for human rights
Recommend measures for effective implementation of safeguards
Study international treaties and instruments on human rights
Undertake research in the field of human rights
Trap: Assuming NHRC is constitutional because it protects fundamental rights - it's statutory
Limitation: NHRC cannot investigate complaints older than 1 year
Jurisdiction: Cannot investigate armed forces - needs government permission first
Law Commission & Consumer Commission
Indian Polity National Law Commission National Consumer Disputes Redressal Commission
Law Commission (Executive) & Consumer Commission (Statutory)
Law Commission is an executive body - formed by government notification
Consumer Commission is statutory under Consumer Protection Act, 2019
Neither has constitutional status unlike NCBC
Detailed Comparison
Commission | Body Type | Legal Basis | Primary Function |
|---|---|---|---|
Law Commission | Executive | Government notification | Law reform and legal research |
Consumer Commission | Statutory | Consumer Protection Act, 2019 | Consumer dispute redressal |
Law Commission Details
Non-statutory body constituted by government from time to time
22nd Law Commission constituted in 2020 with 3-year tenure
Headed by retired Supreme Court or High Court judge
Recommends legal reforms and reviews existing laws
First Law Commission established in 1834 under British rule
Trap: Thinking Law Commission is statutory because it deals with legal matters - it's executive
Confusion: Consumer Commission has quasi-judicial powers but remains statutory, not constitutional
Pattern: UPSC tests exact classification - memorize which bodies fall under which category