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Statutory Bodies – Indian Polity Notes

Statutory body or authority is a non-constitutional organisation established by parliament. These are government-created bodies that are established by an Act of Parliament or state legislatures and are entrusted with decision-making in a certain area of activity. A statutory body is a government organisation that does not have its own definition in the Indian Constitution but is given powers, service rules, and jurisdiction by an act of parliament or state legislatures. SEBI (Securities and Exchange Board of India) one of the best examples of statutory bodies. This article explains, Statutory bodies are important for UPSC IAS exam preparation.

Statutory Bodies in India

Statutory Bodies in India

  • Statutory bodies are established by acts that Parliament or State Legislatures.
  • Statutory bodies have the authority to make laws and make decisions on behalf of the state or country.
  • A statutory body is a self-governing corporate body. A statutory body is established via an Act of Parliament or an Act of State Legislatures. The Act also specifies the body's powers, objectives, and functions.
  • These bodies are known as statutory bodies because they get their power from statutes or laws adopted by Parliament.
  • Statutory Bodies are divided into two types depending on their tasks and responsibilities. They are classified as:
    • Regulatory Bodies
    • Quasi-Judicial Bodies.
  • Regulatory Bodies - A regulatory body is a government entity responsible for exerting autonomous power over a specific area of human activity in a regulatory or supervisory role.
  • For example, the Biodiversity Authority of India (BAI), the Pension Fund Regulatory and Development Authority (PFRDA), and others.
  • Quasi-Judicial bodies - Non-judicial bodies that can interpret the law are referred to as quasi-judicial bodies. They vary from judicial entities in that their scope is narrower than that of a court.
  • For example, the National Green Tribunal, the National Human Rights Commission, and the Central Information Commission.
Important Statutory Bodies in India

Important Statutory Bodies in India

Statutory Body in India Act
Securities & Exchange Board of India SEBI Act, 1992
National Human Rights Commission Protection of Human Rights Act, 1993
National Commission for Women National Commission for Women Act, 1990
National Commission for Minorities National Commission for Minorities Act, 1992
National Green Tribunal National Green Tribunal Act 2010
Armed Forces Tribunal Armed Forces Tribunal Act 2007
Unique Identification Authority of India Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016
Central Vigilance Commission Central Vigilance Commission Act 2003
Commission for Air Quality Management in the National Capital Region (NCR) and Adjoining Areas Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2020
National Commission for Protection of Child Rights Commissions for Protection of Child Rights (CPCR) Act, 2005
Competition Commission of India Competition Act, 2002
National Legal Services Authority Legal Services Authorities Act, 1987
National Bank for Agriculture and Rural Development National Bank for Agriculture and Rural Development Act, 1981
Comparison between Statutory and Non-Statutory bodies

Comparison between Statutory and Non-Statutory bodies

Comparison

Statutory Body

Non - Statutory body

Definition

  • A statutory body is an organisation whose legal authority is derived from legislation.
  • A non-statutory body is an organisation that has no legal authority.

Structure

  • A statutory body has a clear structure.
  • It is divided into many sections, each with its own distinct purpose and duty.
  • A non-statutory body lacks such a structure.
  • It's a more informal structure.

Roles and responsibilities

  • A statutory body's roles and responsibilities are clearly defined and established.
  • Statutory entities work to fulfil the legislatively mandated goals.
  • A non-statutory body's functions and obligations, on the other hand, are not well-defined or established.
  • Non-statutory entities seek to achieve their own goals, which may or may not be aligned with those of the legislative.

Authority

  • A statutory body is supervised by the authorities that have granted it legal authority. These are known as statutory authorities.
  • A non-statutory body is not subject to any statutory authority.

Advantages

  • Statutory bodies have the benefit of being regulated by statutory authorities, having a well-defined structure, and having established tasks and responsibilities.
  • The advantages of non-statutory bodies include the fact that they are not subject to any legislative authority, have a less formal structure, and their functions and obligations are not clearly defined.

Disadvantages

  • The disadvantages of statutory bodies include that they are formed by the act that forms them, their powers and authorities are set, and they are subject to statutory oversight.
  • Non-statutory bodies have the disadvantage of not having a well-defined structure, their rights and authority are not established, and they cannot be regulated by statutory authorities.
Conclusion

Conclusion

A non-constitutional body established by a parliament is referred to as a statutory body. Statutory bodies have the authority to enact legislation and make decisions on behalf of the state or country. Legislation, or the process of enacting laws, is authorised by a statutory authority. To create this body, a Cabinet resolution should be passed.

FAQs

FAQs

Question: What are statutory bodies in India?

Answer: Statutory bodies are autonomous organizations established by an act of Parliament or state legislature to regulate various sectors like finance, environment, and public services.

Question: How are statutory bodies different from constitutional bodies?

Answer: Statutory bodies are created through legislation, whereas constitutional bodies derive their powers from the Indian Constitution.

Question: What is the role of SEBI as a statutory body?

Answer: SEBI (Securities and Exchange Board of India) regulates the securities market to protect investors and ensure market fairness.

Question: What is a quasi-judicial statutory body?

Answer: A quasi-judicial statutory body, like the National Green Tribunal, has the power to interpret laws and pass judgments on specific issues, though it is not a full judicial court.

Question: How does the National Human Rights Commission function as a statutory body?

Answer: The NHRC investigates human rights violations and makes recommendations to ensure protection and promotion of human rights.

MCQs

1. Which body regulates the securities market in India?

A. RBI
B. SEBI
C. IRDAI
D. NABARD

Answer:  (B) See the Explanation

SEBI is the statutory body established to regulate the securities market in India.

2. Which of the following is a quasi-judicial statutory body?

A. Election Commission
B. National Green Tribunal
C. NITI Aayog
D. UPSC

Answer:  (B) See the Explanation

The National Green Tribunal (NGT) is a quasi-judicial body handling environmental disputes.

3. What gives statutory bodies their powers?

A. Executive orders
B. Constitutional provisions
C. Acts of Parliament or state legislatures
D. Judicial rulings

Answer:  (C) See the Explanation

Statutory bodies are established by laws passed by Parliament or state legislatures.

4. Which statutory body oversees India's human rights protections?

A. Central Vigilance Commission
B. National Human Rights Commission
C. SEBI
D. Election Commission

Answer:  (B) See the Explanation

The National Human Rights Commission (NHRC) is responsible for the protection of human rights in India.

5. Which statutory body was established under the National Green Tribunal Act, 2010?

A. National Human Rights Commission
B. National Commission for Women
C. National Green Tribunal
D. Central Information Commission

Answer:  (C) See the Explanation

The National Green Tribunal (NGT) was established under the National Green Tribunal Act of 2010 to handle environmental cases.

GS Mains Questions and Model Answers

Q1: Discuss the role of statutory bodies in regulating public services and ensuring good governance.

Answer: Statutory bodies like SEBI, NHRC, and NGT play a vital role in regulating specific areas like finance, human rights, and environmental protection. They provide oversight, ensure compliance, and promote accountability in their respective domains, contributing to transparency and good governance. Their autonomy allows them to function independently, balancing government policies and public interests.

Q2: Examine the importance of quasi-judicial statutory bodies in India’s governance framework.

Answer: Quasi-judicial bodies like the NGT and NHRC help resolve disputes, interpret laws, and enforce regulations without the need for traditional courts. These bodies speed up justice delivery, provide specialized knowledge in decision-making, and ease the burden on regular courts, ensuring efficient governance in areas like environment and human rights.

Q3: Analyze the challenges faced by statutory bodies in maintaining autonomy and effectiveness in India.

Answer: Statutory bodies face several challenges, including political interference, lack of resources, and overlapping jurisdictions. While they are meant to operate autonomously, the influence of the executive branch and bureaucratic hurdles can hinder their effectiveness. Strengthening the independence and operational capacities of these bodies is crucial for ensuring their role in governance.

Previous Year Questions on Statutory Bodies

1. UPSC CSE Prelims 2018

Question: Which of the following is a statutory body?
A. Election Commission
B. SEBI
C. Finance Commission
D. Supreme Court

Answer: B

Explanation: SEBI is a statutory body established by the SEBI Act, 1992, whereas the Election Commission and Supreme Court are constitutional bodies, and the Finance Commission is also constitutional.

2. UPSC CSE Mains 2019 (GS Paper 2)

Question: Explain the significance of statutory bodies in promoting accountability in public governance.

Answer: Statutory bodies, created through legislative acts, promote accountability by regulating specific areas like finance, law, and human rights. They function autonomously, ensuring adherence to regulations and legal frameworks. Bodies like SEBI and NHRC play a critical role in preventing malpractices, protecting rights, and ensuring that public and private entities adhere to established standards, thereby promoting transparency and accountability in governance.

*The article might have information for the previous academic years, please refer the official website of the exam.
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