March 25, 2023

An entity created by the Indian Constitution is referred to as a Constitutional Body. Such constitutional bodies can only be established or altered following the passage of a law proposing a constitutional amendment, neither a regular government bill nor a private bill has the same authority to create or remove from existence, any Constitutional Body(ies).

The Indian Constitution serves as the source of the powers and mandates for the existence of certain Constitutional Bodies. Compared to other organizations or institutions operating in India, these bodies are regarded as being more prestigious, strong, and ultimate. Therefore, a Constitutional Amendment is necessary if the authority of functions relating to these bodies is to be changed in any way.

The Constitutional bodies in India have permanent or semi-permanent positions within the legislative and executive branches of the government. These organisations are in charge of carrying out executive duties to ensure proper governmental administration. According to the Indian Constitution, the President of India has the authority to designate such officials. However, the Cabinet must select who should be chosen and to what position and the President only uses this power when the Cabinet makes a proposal. The Cabinet often makes these decisions, which are subsequently debated with the Prime Minister before being implemented. As a result, the Constitution of India establishes constitutional bodies to help the government run smoothly and successfully.

However, the Cabinet Secretariat including the Cabinet Secretary of India are not Constitutional designations and are instead under the direct discharge of the Prime Minister. Under Government of India (Allocation of Business) Rules, 1961, the Cabinet Secretariat has been given a position under the very first schedule highlighting the importance of this body and the need for assistance this body is likely to impart to the government. The Cabinet Secretariat is also responsible for the administration of the Government of India (Transaction of Business) Rules, 1961 and the Government of India (Allocation of Business) Rules 1961, facilitating smooth transaction of businesses in Ministries/ Departments of the Government by ensuring adherence to these rules; all in all, being one of the major stakeholders in the facilitation of smooth executive commercial transactions.

The following is the List of Constitutional Bodies in India:

  1. The Election Commission
  2. Union Public Service Commission
  3. States Public Service Commission
  4. Finance Commission
  5. National Commission for SCs
  6. National Commission for STs
  7. Comptroller and Auditor General of India
  8. Attorney General of India
  9. Advocate General for States
  10. Special Officer for Linguistic Minorities

So from the above discussion, it is clear that government bodies are more powerful and permanent in nature while the other Constitutional Bodies, despite being permanent in nature, are made as per the requirements of the country and can be abolished if the executive thinks so by bringing amendments to the constitution.

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