Defining Statutory Bodies in India
A statutory body is an organization established by a specific law (statute) enacted by a national or state legislature. The statute defines the body's objectives, powers, and functions. This is different from a constitutional body, which is established directly under the framework of the Constitution of India, or an advisory body, which is typically created through an executive order or resolution and serves in an advisory capacity.
Analysis of Listed Commissions
To determine which commission is NOT a statutory body, we need to look at how each was established:
National Commission for Scheduled Tribes (NCST)
The NCST is designated as a constitutional body. Its status comes directly from the Constitution of India. It was established by the Constitution (89th Amendment) Act, 2003, which added Article 338A and modified Article 338. Its powers and functions are outlined in the Constitution.
National Human Rights Commission (NHRC)
The NHRC is a statutory body. It was created by an Act of Parliament, specifically the Protection of Human Rights Act, 1993. This Act provides the legal basis for its existence, powers, and duties concerning the protection and promotion of human rights.
National Commission for Women (NCW)
The NCW is also a statutory body. Its establishment is based on the National Commission for Women Act, 1990, which was passed by the Parliament. This legislation defines its role in reviewing laws, monitoring women's issues, and advising the government.
National Commission for Farmers (NCF)
The NCF is not a statutory body. It was constituted by the Government of India in 2004 via an executive resolution. While it plays an important role in advising the government on agricultural and farmer welfare policies, its foundation is not an Act of Parliament but rather a government decision. Therefore, it functions as an advisory or non-statutory entity.
Commission Status Comparison
| Commission | Type | Establishment Basis |
|---|---|---|
| National Commission for Scheduled Tribes (NCST) | Constitutional Body | Constitution of India (Article 338 & 338A) |
| National Human Rights Commission (NHRC) | Statutory Body | Protection of Human Rights Act, 1993 |
| National Commission for Women (NCW) | Statutory Body | National Commission for Women Act, 1990 |
| National Commission for Farmers (NCF) | Non-Statutory / Advisory | Executive Resolution (2004) |
Based on the establishment criteria, the National Commission for Farmers stands out as it was not created by a specific Act of Parliament, unlike the NHRC and NCW. The NCST, while not created by a post-constitutional Act, derives its authority directly from the Constitution itself, making it constitutional rather than statutory.
Similar Questions
- Under which article is the Finance Commission constituted?
- Who was the Chairman of the "Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Areas" in the Constituent Assembly?
- Which of the following is NOT a constitutional body?
Which constitutional body conducts recruitments for All India Services?
- Which of the following is NOT a constitutional body?
- Which of the following commissions does NOT safeguard the interests of any caste or community?
Important Questions from Constitutional Bodies
Who among the following is the only President of India to have completed two terms in office till date?
Consider the following statements: Attorney General of India can
1. take part in the proceedings of the Lok Sabha
2. be a member of a committee of the Lok Sabha
3. speak in the Lok Sabha
4. vote in the Lok Sabha
Which of the statements given above is/are correct?
Which article of the Indian Constitution deals with the vesting of the superintendence, direction and control of elections in the Election Commission?
Who will remain the Attorney General of India till June 30, 2022?
Choose the correct alternative:
The Chairman of a Joint Public Service Commission for two or more States is appointed by
