Some institutions are so important that the makers of our Constitution wrote them directly into the Constitution itself, instead of leaving them to ordinary laws. These are the constitutional bodies — the Election Commission, UPSC, CAG, Attorney General, Finance Commission and more. For NDA Polity this is a fact-packed, high-scoring chapter where remembering the right article number wins you easy marks.
What Is a Constitutional Body
A constitutional body is an institution that is directly created and described by the Constitution of India. Its existence, powers, duties and the way its members are appointed and removed are all spelled out in specific Articles. Because it draws authority straight from the Constitution, such a body cannot be abolished or weakened by an ordinary law — it needs a constitutional amendment.
This is the single most important distinction in the chapter. Compare it with a statutory body like the NHRC or the CBI, which is created by an Act of Parliament and can be changed by another ordinary law. The NDA loves to test whether you can tell the two apart.
- Constitutional body → created by the Constitution (needs an amendment to change)
- Statutory body → created by an Act of Parliament (changed by ordinary law)
- Examples of constitutional bodies: Election Commission, UPSC, CAG, Attorney General, Finance Commission
Notice that all the major regulators of our democracy — who runs elections, who selects officers, who audits public money — are constitutional bodies. That deliberate design protects them from political interference.
Why This Topic Matters for NDA
Constitutional bodies are one of the most reliable scoring areas in NDA Polity. Almost every paper carries 1 to 3 questions from this group, often as match-the-pairs (body ↔ article) or as 'which of the following is NOT a constitutional body' style questions.
The good news is that the facts here are fixed and finite. You only have a handful of bodies, each with one key Article, a composition rule and a tenure number. Lock those in and you almost never lose these marks again.
Make a single revision table with three columns — Body, Article, Head's tenure. Revise just that table the night before. Most NDA questions here are pure recall.
This topic also overlaps with the chapters on elections, the executive and the budget, so studying it well makes several other parts of your syllabus easier too.
Election Commission of India
The Election Commission of India (ECI) is the permanent, independent body that conducts elections to Parliament, State Legislatures, and the offices of the President and Vice President. It is established by Article 324.
Note one boundary the NDA tests: the ECI does not conduct elections to local bodies such as panchayats and municipalities — those are handled by the State Election Commissions under Articles 243K and 243ZA.
- Article 324 → Election Commission of India
- Currently a multi-member body: one Chief Election Commissioner (CEC) + Election Commissioners
- Appointed by the President
- Tenure: 6 years or up to age 65, whichever is earlier
The CEC can be removed only in the same manner and on the same grounds as a Supreme Court judge (by an order of the President after a parliamentary process). Other Election Commissioners can be removed only on the recommendation of the CEC — this protects their independence.
Students often think the CEC has a fixed 5-year term like the President. It does not. The tenure is 6 years or age 65, whichever comes first.
Union Public Service Commission
The Union Public Service Commission (UPSC) is the central recruiting agency of India. It conducts examinations — including the very NDA exam you are preparing for — and advises the government on service matters. It is established by Article 315.
The UPSC consists of a Chairman and other members appointed by the President. About half the members should be persons who have held government office for at least ten years.
- Articles 315 to 323 → Public Service Commissions (Union and State)
- Members hold office for 6 years or up to age 65, whichever is earlier
- Appointed by the President; removed by the President on grounds of misbehaviour (after a Supreme Court inquiry)
The UPSC is purely an advisory body — the government is not bound to accept its advice, but any departure must be explained to Parliament. Each State also has its own State Public Service Commission, which is likewise a constitutional body.
The UPSC conducts the NDA, CDS, Civil Services and many other exams. It does not appoint — it only recommends candidates to the government.
Comptroller and Auditor General
The Comptroller and Auditor General of India (CAG) is the guardian of the public purse. The CAG audits all accounts related to the Consolidated Fund of India, the Contingency Fund and the Public Account, and reports whether public money was spent lawfully. The office is created by Article 148.
Dr. B.R. Ambedkar described the CAG as one of the most important officers under the Constitution. The CAG's reports are examined by the Public Accounts Committee (PAC) of Parliament.
- Articles 148 to 151 → Comptroller and Auditor General
- Appointed by the President
- Tenure: 6 years or up to age 65, whichever is earlier
- Removed like a Supreme Court judge (special majority of Parliament)
In India the CAG mainly audits after spending (an auditor), unlike the British Comptroller who also controls money before it is issued. So our CAG has limited 'comptroller' powers — a classic NDA trap.
Attorney General of India
The Attorney General of India (AG) is the highest law officer of the country and the chief legal adviser to the Government of India. The office is created by Article 76.
The AG must be a person qualified to be a judge of the Supreme Court. He or she is appointed by the President and holds office during the pleasure of the President — there is no fixed term and no fixed removal procedure laid down in the Constitution.
- Article 76 → Attorney General of India
- Highest law officer; appears for the Government in the Supreme Court
- Has the right to speak and take part in the proceedings of both Houses of Parliament, but no right to vote
- Holds office during the pleasure of the President (no fixed tenure)
Do not confuse the AG with the Solicitor General and Additional Solicitors General — those assist the AG but are statutory/administrative posts, not constitutional ones. Only the Attorney General is named in the Constitution.
Finance Commission
The Finance Commission is a body that decides how money is shared between the Centre and the States. It recommends the distribution of taxes and the grants-in-aid given to States. It is created by Article 280.
A key feature: the Finance Commission is a quasi-judicial body constituted every five years (or earlier) by the President. It has a Chairman and four other members.
- Article 280 → Finance Commission
- Constituted by the President every fifth year or earlier
- Composition: Chairman + 4 members
- Recommends sharing of taxes between Centre and States and grants-in-aid
The Finance Commission's recommendations are advisory — not binding. Do not confuse it with the now-dissolved Planning Commission or with NITI Aayog, both of which are non-constitutional bodies.
Other Constitutional Bodies
Beyond the big five, a few more bodies are written into the Constitution and appear in NDA papers. Learn the article and the one-line function of each.
- State Public Service Commission → Article 315 (State-level recruitment)
- Advocate General of a State → Article 165 (highest law officer of a State)
- Special Officer for Linguistic Minorities → Article 350B
- National Commission for SCs → Article 338
- National Commission for STs → Article 338A
- National Commission for Backward Classes (NCBC) → Article 338B (made constitutional by the 102nd Amendment, 2018)
- Goods and Services Tax (GST) Council → Article 279A (added by the 101st Amendment, 2016)
The NCBC and the GST Council are favourite NDA targets because they were recently made constitutional by amendments. Many older study guides still list the NCBC as merely statutory, so know the updated position.
If a question lists the NHRC, CIC, CBI, Lokpal or NITI Aayog as constitutional bodies, that option is wrong — all of these are statutory or executive bodies, not constitutional ones.
Constitutional vs Statutory Bodies
This single comparison decides many NDA marks, so master it. The test is simple: where does the body's authority come from?
- Constitutional (from the Constitution): EC, UPSC, SPSC, CAG, AG, Finance Commission, NCBC, GST Council
- Statutory (from an Act): NHRC, NCW, CIC, NGT, Lokpal, CBI
- Executive / non-statutory (from a government order): NITI Aayog, the former Planning Commission
A handy memory trick: if changing the body requires a constitutional amendment, it is constitutional. If a simple new law in Parliament can change it, it is statutory. If a mere cabinet decision created it, it is executive.
The CBI is NOT a constitutional body — it was set up under the Delhi Special Police Establishment Act, 1946. Similarly, the Lokpal is statutory (Lokpal and Lokayuktas Act, 2013), not constitutional.
Worked Example
Let us see how an NDA match-the-pairs question is solved step by step. The skill is to anchor on the most certain pair first and eliminate.
Match the body with its Article, then pick the correct combination.
Notice we never needed to second-guess. Because each body has exactly one fixed Article, locking even two pairs usually forces the rest. That is why this chapter rewards clean memorisation.
Previous-Year Style Practice
Here is a question in the exact format the NDA uses for this topic. Try it before reading the answer.
Q. Which one of the following is NOT a constitutional body in India?
(a) Union Public Service Commission
(b) Finance Commission
(c) National Human Rights Commission
(d) Comptroller and Auditor General of India
Answer: (c) National Human Rights Commission. The NHRC is a statutory body created by the Protection of Human Rights Act, 1993. The UPSC (Art. 315), Finance Commission (Art. 280) and CAG (Art. 148) are all constitutional bodies named directly in the Constitution.
In 'which is NOT' questions, scan for the famous statutory bodies first — NHRC, CBI, Lokpal, NITI Aayog, CIC. Spotting one of these instantly is often the fastest route to the answer.
Quick Revision
Run through this one last time before your exam — it covers every fact this chapter usually tests.
- Constitutional body = created by the Constitution; needs an amendment to change.
- Election Commission → Article 324; CEC removed like a SC judge.
- UPSC → Article 315; conducts the NDA exam; advisory only.
- CAG → Article 148; audits the public purse; reports go to the PAC.
- Attorney General → Article 76; highest law officer; no fixed tenure.
- Finance Commission → Article 280; Chairman + 4 members; every 5 years.
- NCBC → Article 338B; GST Council → Article 279A.
- NHRC, CBI, Lokpal, NITI Aayog are NOT constitutional bodies.
Master these eight lines and you have locked in almost every mark this chapter can give. Pair them with the Fundamental Rights and elections chapters and your NDA Polity preparation jumps several levels. The Cavalier has trained defence aspirants since 2001 on exactly this kind of high-yield, exam-first revision.
Frequently asked questions
What is the difference between a constitutional body and a statutory body?
A constitutional body is created directly by the Constitution and can only be changed by a constitutional amendment, like the Election Commission or CAG. A statutory body is created by an ordinary Act of Parliament and can be changed by another ordinary law, like the NHRC or Lokpal.
Which article establishes the Election Commission of India?
The Election Commission of India is established by Article 324. It conducts elections to Parliament, State Legislatures and the offices of the President and Vice President, but not to local bodies like panchayats.
Is NITI Aayog a constitutional body?
No. NITI Aayog is an executive (non-statutory) body created by a Cabinet resolution in 2015 to replace the Planning Commission. It is neither constitutional nor statutory, which makes it a common NDA trap option.
What is the tenure of the Chief Election Commissioner, CAG and UPSC members?
All three hold office for 6 years or until they reach the age of 65, whichever is earlier. Remembering this common '6 years or 65' rule helps you answer several questions in one stroke.
Is the CBI a constitutional body for the NDA exam?
No. The CBI is not even a statutory body in the usual sense; it was set up under the Delhi Special Police Establishment Act, 1946. It is definitely not a constitutional body, so any option calling it one is wrong.
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