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Indian Polity & Constitution

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high importance~3 Q in Tier 1⚡ 16 shortcuts8 subtopics
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Constitutional & Statutory Bodies (with current heads)

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⏱ 7 min read🧩 5 question types🎯 14 practice Q
The idea in one minute

Constitutional vs statutory bodies — with current heads (as on 23 September 2026)

BodyArticle / ActNatureCurrent head (2026)
Election CommissionArt. 324ConstitutionalCEC Gyanesh Kumar (26th CEC, since Feb 2025); CEC + 2 ECs; CEC removable like a SC judge; appointments now under the CEC and Other ECs (Appointment etc.) Act, 2023 — PM + LoP (LS) + a Union Minister
UPSCArts. 315–323ConstitutionalDr. Ajay Kumar (Chairman since 15 May 2025); members hold office for 6 years or till 65
CAGArt. 148ConstitutionalK. Sanjay Murthy (15th CAG, since Nov 2024); term 6 years or 65; audits accounts; reports go to the President/Governor and are examined by the PAC
Attorney GeneralArt. 76Constitutional officeR. Venkataramani (16th AG; extended till 30 Sep 2027); right to speak in Parliament, no vote
Finance CommissionArt. 280Constitutional16th FC — Dr. Arvind Panagariya; report tabled 1 Feb 2026; award period 2026–31; recommends States' share — 41% of the divisible pool (same as 15th FC)
NITI Aayog1 Jan 2015 (Cabinet resolution)Neither constitutional nor statutoryChair: PM; Vice-Chair: A.K. Lahiri (May 2026); CEO: Anurag Jain (Aug 2026); replaced the Planning Commission (1950)
NHRCProtection of Human Rights Act, 1993 (amended 2019)StatutoryJustice V. Ramasubramanian (since Dec 2024); chair is a former CJI or SC judge
Central Information CommissionRTI Act, 2005StatutoryRaj Kumar Goyal (CIC since 15 Dec 2025); CIC + up to 10 Information Commissioners
Central Vigilance CommissionCVCA, 2003StatutorySupervises CBI's work under the Prevention of Corruption Act
LokpalLokpal and Lokayuktas Act, 2013StatutoryJustice A.M. Khanwilkar (Chair since Mar 2024); first chair: Justice P.C. Ghose (2019)

Key contrasts often asked: CAG — ineligible for further Government office after term; UPSC chairman — also ineligible; SPSC chairman can be made a UPSC member; AG is not a full-time government servant; NITI Aayog has no statutory backing while the Finance Commission is mandated every five years.

01

Constitutional bodies — the permanent machinery

  • Election Commission (Article 324): conducts elections to Parliament, state assemblies, and the offices of President and Vice-President. Since 1993 it is a multi-member body — the CEC and two Election Commissioners with equal powers. The CEC can be removed only like a Judge of the Supreme Court; the other Commissioners, on the CEC's recommendation. Tools: the Model Code of Conduct, electoral rolls, recognition of parties, symbols.
  • Union Public Service Commission (Articles 315–323): recruits for Union services. Members serve 6 years or till 65; removal grounds for the chairman mirror a Supreme Court judge's; expenses are charged on the Consolidated Fund. State PSCs mirror it (members retire at 62), with a UPSC-facilitated removal.
  • Comptroller and Auditor-General (Articles 148–151): the 'guardian of the public purse'. Term 6 years or age 65; after leaving office, the CAG cannot take any further government post. Audits the accounts of the Union and the states, and bodies substantially financed by them; reports go to the President/Governor and are laid before the legislature. The PAC examines the CAG's reports (DPC Act, 1971 governs audit duties).
  • Finance Commission (Article 280): a quasi-judicial body, constituted every five years (or earlier); Chairman + four members (qualifications set by Parliament's Finance Act, 1951). Recommends the vertical and horizontal devolution of central taxes, grants-in-aid (Article 275), and measures to augment state funds for panchayats/municipalities. Its advice is advisory, not binding.
  • Attorney-General (Article 76) and Advocate-General (Article 165): chief law officers of the Union and the state; hold office during pleasure; the AG may speak in Parliament but not vote.
  • Special Officer for Linguistic Minorities (Article 350B); NCSC (Article 338) and NCBC (Article 338B); Official Language rules sit in Part XVII.
03

Question types you will see

Each type: how to recognise it, the method step by step, and one question to try.

Type 1very common3 practice Q

Election Commission structure and removal

How to spot it:

'How many members does the EC have', 'how can the CEC be removed', 'who conducts President/Vice-President elections', statement sets on the EC.

Method
  1. Multi-member since 1993: CEC + two Election Commissioners, all with equal powers.

  2. Removal ladder: CEC — like a Supreme Court judge; other ECs — on the CEC's recommendation.

  3. Jurisdiction: Parliament, state legislatures, and the President and Vice-President elections. Local-body elections belong to the State Election Commissions, not the EC.

Try this

The Chief Election Commissioner can be removed —

Show solution

In the same manner as a Judge of the Supreme Court — by Parliament on grounds of proved misbehaviour or incapacity, through a special-majority process.

Type 2common3 practice Q

UPSC and CAG: tenure and features

How to spot it:

'The CAG is called the guardian of', 'UPSC members' tenure', 'who audits the accounts of the states', which expenses are charged on the CFI.

Method
  1. UPSC: Article 315; members serve 6 years or till 65; expenses charged on the CFI.

  2. CAG: Article 148; 6 years or 65; audits Union and state accounts; barred from further government office; reports to the President/Governor.

  3. PAC (22 members, opposition chairman) examines the CAG's reports — 'friend, philosopher and guide of the PAC'.

Try this

The Comptroller and Auditor-General of India is appointed by the President under Article —

Show solution

Article 148; his removal mirrors that of a Supreme Court judge, and the Constitution bars him from any further office under the Government of India or a state after retirement.

Type 3common2 practice Q

Finance Commission

How to spot it:

'The Finance Commission is constituted every', 'who decides tax devolution', 'how many members', 'is its advice binding'.

Method
  1. Article 280: quasi-judicial, every five years; Chairman + four members.

  2. Job: split central taxes between Centre and states (vertical) and among states (horizontal), grants-in-aid, and measures to augment state funds for local bodies.

  3. Its recommendations are advisory — the government is not bound, though it normally follows them.

Try this

The Finance Commission is normally constituted once in —

Show solution

Every five years under Article 280; it is a quasi-judicial body with a Chairman and four members appointed by the President.

Type 4very common2 practice Q

Constitutional vs statutory vs executive bodies

How to spot it:

'Which of the following is a constitutional body', 'NITI Aayog was created by', 'which act created the CIC/NHRC/Lokpal', odd-one-out sets.

Method
  1. Constitutional: EC, UPSC/SPSCs, CAG, Finance Commission, NCSC (338), NCBC (338B), Official Language Commission.

  2. Statutory: CVC (2003), CIC (RTI 2005), NHRC (1993), Lokpal (2013), NGT (2010), NCW (1990 act).

  3. Executive: NITI Aayog (Cabinet resolution, 1 Jan 2015) — the trap answer in odd-one-out questions.

Try this

Which one of the following is not a statutory body?

Show solution

NITI Aayog — it was set up by a Cabinet resolution on 1 January 2015; the CVC, CIC, NHRC and NGT all rest on statutes.

Type 5occasional2 practice Q

Rights commissions and special officers

How to spot it:

'NCSC is established under which Article', 'which body looks into linguistic minorities', 'the NCBC got constitutional status by which amendment'.

Method
  1. NCSC — Article 338 (SCs and STs); the separate ST commission sits at Article 338A.

  2. NCBC — Article 338B, constitutional status by the 102nd Amendment (2018); the 105th (2021) returned SEBC identification to states.

  3. Special Officer for linguistic minorities — Article 350B; assesses safeguards for language minorities.

Try this

The National Commission for Backward Classes (NCBC) was given constitutional status by —

Show solution

The 102nd Amendment Act, 2018, inserting Article 338B; the 105th Amendment (2021) restored the states' power to identify OBCs.

04

Shortcuts that save time

⚡ Article blocks for bodies

76-AG • 280-FC • 148-CAG • 315-UPSC • 324-EC. Descending ladder: 324 > 315 > 280 > 148 > 76 reads 'EC-UPSC-FC-CAG-AG'.

Example

Under which article is the Comptroller and Auditor General appointed?

Show solution

Article 148 (term: 6 years or age 65).

⚡ Statutory vs constitutional filter

If the source is a dated Act (1993 NHRC, 2003 CVC, 2005 CIC, 2013 Lokpal) it is statutory; if the source is an Article number it is constitutional; NITI Aayog (Cabinet resolution, 2015) is neither.

Example

Name one high-profile advisory body that is neither constitutional nor statutory.

Show solution

NITI Aayog.

05

Mistakes to avoid

Where most students lose marks on this subtopic.

Mistake 01

Calling NITI Aayog a statutory body — it is an executive-resolution body.

Mistake 02

Saying the 15th FC still governs transfers — from FY 2026-27 the 16th FC (41% share, 2026-31) applies.

Mistake 03

Confusing the CAG's examiners — CAG reports are examined by the Public Accounts Committee, not the Estimates Committee.

06

Quick revision

Read this the night before the exam.

  • EC: multi-member since 1993 (CEC + 2 ECs); CEC removable like an SC judge; Art 324.

  • UPSC: Art 315; 6 years/65; expenses charged; state PSC members retire at 62.

  • CAG: Art 148; 'guardian of the public purse'; 6 years/65; no re-employment; reports → President/Governor → PAC scrutiny.

  • Finance Commission: Art 280; quasi-judicial; every 5 years; Chairman + 4; advice not binding.

  • Statutory vs constitutional: CVC/CIC/NHRC/Lokpal/NGT = statutory; NITI Aayog = executive resolution (2015).

  • NCSC Art 338; NCBC Art 338B (102nd Amendment); Special Officer linguistic minorities Art 350B.

07

Practice: 14 questions

Sets of 10, mixed across the question types above. Every answer has a step-by-step explanation.

Topic test · 10 questions

Suggested time 4 min · wrong answers go to your mistake notebook automatically.