Which of the following is/are Constitutional Body /Bodies? 1. National Commission for Scheduled Tribes
2. National Commission for Women
3. National Commission for Minorities
4. National Human Rights Commission
1 only
Understanding Constitutional vs. Statutory Bodies in India
In the context of Indian polity, understanding the classification of various government bodies is crucial. Bodies can be broadly classified based on how they are established:
- Constitutional Bodies: These are bodies that are directly established by the Constitution of India. They derive their powers and authority from specific Articles of the Constitution. Any change to their structure, powers, or composition typically requires a constitutional amendment. Examples include the Election Commission, Union Public Service Commission, etc.
- Statutory Bodies: These are bodies that are established by an Act of Parliament or a State Legislature. They derive their powers and authority from the specific law that created them. Examples include the National Human Rights Commission, National Green Tribunal, etc.
Let's analyze each commission mentioned in the question to determine its nature:
Analysis of the Given Commissions
- National Commission for Scheduled Tribes (NCST): This commission was established by inserting Article 338A into the Constitution of India through the 89th Amendment Act, 2003. Because it is established by a specific Article of the Constitution, it is a Constitutional Body.
- National Commission for Women (NCW): This commission was established by an Act of Parliament, namely the National Commission for Women Act, 1990. Since it is created by a law passed by Parliament, it is a Statutory Body, not a Constitutional Body.
- National Commission for Minorities (NCM): This commission was established by the National Commission for Minorities Act, 1992, an Act of Parliament. Therefore, it is a Statutory Body, not a Constitutional Body.
- National Human Rights Commission (NHRC): This commission was established by the Protection of Human Rights Act, 1993, an Act of Parliament. Hence, it is a Statutory Body, not a Constitutional Body.
Summary Table of Commissions
| Commission | Established By | Nature of Body |
|---|---|---|
| National Commission for Scheduled Tribes (NCST) | Article 338A of the Constitution | Constitutional Body |
| National Commission for Women (NCW) | National Commission for Women Act, 1990 (Parliament) | Statutory Body |
| National Commission for Minorities (NCM) | National Commission for Minorities Act, 1992 (Parliament) | Statutory Body |
| National Human Rights Commission (NHRC) | Protection of Human Rights Act, 1993 (Parliament) | Statutory Body |
Identifying the Constitutional Body/Bodies
Based on the analysis, only the National Commission for Scheduled Tribes (NCST) is a Constitutional Body, as it is directly provided for in the Constitution under Article 338A. The other commissions listed (NCW, NCM, and NHRC) are established by specific Acts of Parliament and are therefore Statutory Bodies.
Thus, the only Constitutional Body among the given options is the National Commission for Scheduled Tribes.
Conclusion
Looking at the provided options:
- 1. 1 only - This corresponds to the National Commission for Scheduled Tribes.
- 2. 1, 3 and 4 only - Includes NCST (Constitutional), NCM (Statutory), and NHRC (Statutory). Incorrect.
- 3. 3 and 4 only - Includes NCM (Statutory) and NHRC (Statutory). Incorrect.
- 4. 1, 2, 3 and 4 - Includes NCST (Constitutional), NCW (Statutory), NCM (Statutory), and NHRC (Statutory). Incorrect.
The correct option is the one that identifies only the National Commission for Scheduled Tribes as a Constitutional Body.
Revision Table: Constitutional vs. Statutory
| Type of Body | Establishment | Example (from list) |
|---|---|---|
| Constitutional | Directly by the Constitution of India | National Commission for Scheduled Tribes (NCST) |
| Statutory | By an Act of Parliament or State Legislature | National Commission for Women (NCW), National Commission for Minorities (NCM), National Human Rights Commission (NHRC) |
Additional Information on Constitutional and Statutory Bodies
Understanding the distinction between Constitutional and Statutory Bodies is important for civil services and other competitive exams. Here are a few more points:
- Constitutional Bodies: Examples include Election Commission (Article 324), Union Public Service Commission and State Public Service Commissions (Articles 315-323), Finance Commission (Article 280), National Commission for Scheduled Castes (Article 338), Comptroller and Auditor General of India (Article 148), Attorney General of India (Article 76), Advocate General of the State (Article 165).
- Statutory Bodies: Examples include NITI Aayog (though not statutory, it's executive), Lokpal and Lokayuktas (Lokpal and Lokayuktas Act, 2013), Central Vigilance Commission (CVC Act, 2003), Central Information Commission (Right to Information Act, 2005), National Disaster Management Authority (Disaster Management Act, 2005).
- The powers, functions, and composition of Constitutional Bodies are generally more difficult to change as they require constitutional amendments. Statutory bodies can be changed by amending the relevant Act of Parliament or State Legislature.
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