UNIT 5

Definition of Constitutional and Statutory Bodies

1. What are Constitutional Bodies?

• Constitutional bodies are those institutions created directly by the Constitution of India.
• Their powers, structure, and functions are defined in the Constitution itself.
• These bodies are independent and play a very important role in maintaining democracy and
good governance in India.

Examples:

• Election Commission (EC)

• Comptroller and Auditor General (CAG)
• Union Public Service Commission (UPSC)
• Finance Commission
• Attorney General of India

Features:

• Mentioned in the Constitution.

• Cannot be removed or changed easily.
• Have constitutional protection for independence.
• Appointed by the President of India.

2. What are Statutory Bodies?

• Statutory bodies are those which are created by a law (statute) passed by Parliament or
State Legislature.
• These are not mentioned in the Constitution, but are important for public welfare,
administration, and justice.

Examples:

• National Human Rights Commission (NHRC)

• National Green Tribunal (NGT)
• Central Vigilance Commission (CVC)
• National Commission for Women (NCW)
• Lokpal and Lokayuktas
 Features:

• Created by an Act of Parliament.

• Powers and functions are defined in that law.
• Can be modified or removed by changing the law.

3. Key Differences (Table):

Basis Constitutional Body Statutory Body

Created by Constitution Law (Act of Parliament)

Mentioned in Constitution Not in Constitution

Example UPSC, EC, CAG NHRC, NGT, CVC

Removal Difficult Can be removed by amending the law

Independence More independent Depends on law provisions

4. Conclusion:

Both constitutional and statutory bodies are important pillars of Indian democracy.
They protect rights, ensure transparency, and help in smooth functioning of government by
performing their respective duties.
Here is a detailed 8-mark answer on the Election Commission of India in simple and easy
language, suitable for exams:

Election Commission of India (ECI)

1. Introduction:

• The Election Commission is a Constitutional Body formed under Article 324 of the Indian
Constitution.
• It conducts free, fair, and impartial elections in India.

2. Establishment:

• It was established on 25th January 1950.

• National Voters' Day is celebrated every year on 25th January.

3. Composition of Election Commission:

Originally, it was a single-member body, but now it is a multi-member body consisting of:

Post Number

Chief Election Commissioner (CEC) 1

Election Commissioners 2

• All are appointed by the President of India.

4. Tenure and Removal:

• Tenure: 6 years or until the age of 65 years, whichever is earlier.

• The Chief Election Commissioner can only be removed like a Supreme Court judge—by
President with Parliament’s approval.

5. Powers and Functions of the Election Commission:

a) Conduct of Elections:

• Conducts elections for:

o Lok Sabha and Rajya Sabha
o State Legislative Assemblies
o President and Vice President

b) Supervision and Control:

• Prepares electoral rolls.

• Supervises model code of conduct.
• Allots election symbols to political parties.

c) Recognition of Parties:

• Grants recognition to national and state political parties.

• Decides disputes related to party symbols.

d) Ensures Fairness:

• Prevents malpractices in elections like bribery, threats, etc.

• Can cancel elections if unfair practices are found.

e) Advisory Role:

• Advises President and Governor in matters of disqualification of MPs and MLAs.

6. Importance of Election Commission:

 • Ensures democracy through free and fair elections.
• Maintains public trust in the election process.
• Protects voters’ rights and ensures equal participation.

7. Conclusion:

The Election Commission of India is a guardian of democracy.

It ensures that elections in India are peaceful, fair, and transparent, which is essential for the
working of our Constitutional system.

Here is a detailed 8-mark answer on Types of Elections in India in simple and easy language:

Types of Elections in India

India is a democratic country, and elections are held at regular intervals to choose representatives for
various levels of government. There are five main types of elections in India:

1. Lok Sabha Elections (General Elections)

• Held every 5 years to elect Members of Parliament (MPs) to the Lok Sabha (Lower House
of Parliament).
• Conducted across the country in different phases.
• The party or coalition with majority forms the central government.
• Example: 2019 Lok Sabha Elections.

2. Rajya Sabha Elections

• Members of the Rajya Sabha (Upper House) are not directly elected by the people.
• They are elected by the elected members of State Legislative Assemblies using the single
transferable vote system.
• One-third of members retire every 2 years.

3. State Assembly Elections (Vidhan Sabha)

• Held to elect Members of Legislative Assembly (MLAs) in each state or union territory.
• These elections decide the state government.
• Held every 5 years, or earlier if the assembly is dissolved.
 4. Local Body Elections

• Conducted for urban and rural local governments:

o Municipal Elections (Urban areas)
o Panchayat Elections (Rural areas)
• Held to elect representatives like:
o Sarpanch, Zilla Parishad members, Ward councillors, etc.
• Managed by State Election Commissions.

5. Presidential and Vice Presidential Elections

• President and Vice President are elected indirectly.

• President is elected by an Electoral College including:
o Elected MPs and MLAs.
• Vice President is elected by members of both houses of Parliament.

Other Important Elections

• By-elections: Held when a seat becomes vacant due to death, resignation, or disqualification
of a member.
• Mid-term elections: Held if the government falls before completing its term.

Conclusion:

Elections in India are a crucial part of the democratic process. These different types of elections
ensure that the people are represented at every level of government — from local panchayats to the
Parliament.

Here is a very detailed 8-mark answer on Election Reforms in India, in simple and easy language
— suitable for exams:

Election Reforms in India (Very Detailed Answer)

Election reforms are steps taken to improve the election system in India to make it more fair, clean,
and democratic. They help in removing corruption, unfair practices, and promoting
transparency and voter trust.

Why Are Election Reforms Needed?

1. To stop the use of money and muscle power in elections.

2. To reduce criminals entering politics.
3. To make elections free and fair for all voters.
4. To stop fake voting and booth capturing.
5. To increase voter participation, especially among youth and urban people.
6. To ensure transparency in funding and candidate background.

Important Election Reforms (Since Independence)

1. Lowering Voting Age (1989)

• 61st Constitutional Amendment Act reduced the voting age from 21 to 18 years.
• Gave more power to the youth in shaping the democracy.

2. Introduction of Electronic Voting Machines (EVMs)

• EVMs replaced paper ballots to reduce rigging, vote tampering, and counting mistakes.
• First used in 1998 and made compulsory from 2004 general elections.
• Introduced VVPAT in 2013 – it prints a paper slip so the voter can verify their vote.

3. NOTA Option (None of the Above) – 2013

• Supreme Court allowed NOTA button in EVMs.

• It allows voters to reject all candidates if they don’t like any.
• It increases voter awareness and forces parties to field clean candidates.

4. Photo Voter ID Cards (EPIC)

• Started in 1993 and made compulsory.

• Ensures only real and eligible voters can vote.
• Helps stop fake and duplicate voting.

5. Criminal Background Disclosure

• Supreme Court ordered that all candidates must submit an affidavit declaring:
o Criminal cases
o Educational qualifications
o Assets and liabilities
• Helps voters make informed choices and discourages criminals.

6. Disqualification of Convicted MPs/MLAs (2013)

• Supreme Court ruled that if any MP or MLA is convicted in a criminal case and sentenced
to more than 2 years, they will be immediately disqualified.
• This stopped politicians from continuing in power even after being found guilty.

7. Limiting Election Expenses

• The Election Commission has fixed maximum limits on how much money a candidate can
spend during elections.
• This reduces unfair advantage to rich candidates.
• However, there are still issues with unofficial expenses and black money.

8. Model Code of Conduct

• Set of rules parties must follow before elections.

• Ensures fair campaigning.
• No use of government machinery, bribes, threats, or religious appeals during the
campaign.
• Violation may lead to action by the Election Commission.

9. Political Funding Reforms

• Political parties must now submit details of donations.

• Electoral Bonds introduced in 2018 for clean donation process.
• However, critics say electoral bonds lack full transparency.

Suggested Future Reforms

1. State funding of elections to reduce money power.

2. Ban candidates with criminal charges (not just convictions).
3. Internal democracy in political parties.
4. Online voting for NRIs and urban voters.
5. Mandatory debates among candidates to help voters know them.
6. Stronger action against hate speech, caste or religion-based appeals.
 Conclusion

Election reforms are very important to protect the true meaning of democracy. Free and fair
elections are the foundation of a strong and honest government.
Continuous efforts by the Election Commission, Supreme Court, Parliament, and the people are
necessary to keep the system clean and transparent.

Here's a detailed 8-mark answer on the National Human Rights Commission (NHRC) in simple
and easy language for your Indian Constitution subject:

National Human Rights Commission (NHRC) – Detailed Answer (8 Marks)

What is NHRC?

The National Human Rights Commission (NHRC) is a statutory body established in 1993 under
the Protection of Human Rights Act, 1993.
It works to protect and promote the human rights of all people in India.

Human Rights are the basic rights like right to life, liberty, equality, and dignity — guaranteed to
every individual.

Composition of NHRC

The NHRC is made up of:

1. Chairperson – Retired Chief Justice of the Supreme Court
2. 4 Members, including:
o One former Supreme Court judge
o One former High Court Chief Justice
o Two persons having knowledge or experience in human rights
3. Ex-officio Members – Chairpersons of:
o National Commission for SCs
o National Commission for STs
o National Commission for Women
o National Commission for Minorities
Appointed by: The President of India
Tenure: 3 years or till age of 70 years (whichever is earlier)

Functions of NHRC

1. Investigate Human Rights Violations

 o NHRC can take suo motu (on its own) or complaint-based action on cases of police
brutality, fake encounters, custodial deaths, etc.
2. Visit Jails and Detention Centers
o NHRC checks the condition of prisons, mental hospitals, and police stations to
prevent abuse of prisoners.
3. Recommend Compensation
o It can suggest the government to give relief or compensation to the victims of
human rights abuse.
4. Promote Human Rights Awareness
o Organizes seminars, training programs, workshops, and awareness campaigns to
educate people about their rights.
5. Review Laws and Recommend Changes
o NHRC studies laws and rules to check if they violate human rights and suggests
reforms to the government.
6. Support NGOs and Human Rights Defenders
o Helps and encourages voluntary organizations working in the human rights field.
7. Submit Annual Reports
o NHRC sends reports to the President of India which are laid before Parliament.

Powers of NHRC

• Can summon people, collect evidence, and conduct inquiries like a civil court.
• Can visit any government institution, including jails.
• Can recommend police reforms and administrative action.
• Can demand reports from the central and state governments.

Limitations of NHRC

1. Only advisory powers – NHRC cannot enforce its decisions.

2. Cannot punish offenders – It can only suggest actions.
3. Cannot investigate old cases – If more than 1 year has passed.
4. Limited role in army cases – Needs central government permission.
5. State Human Rights Commissions (SHRCs) are not present in all states.

Conclusion
The NHRC plays a very important role in protecting the rights and dignity of people in India.
Though it has limited powers, it brings attention to serious violations and acts as a watchdog of
democracy and justice.

National Commission for Women (NCW)

Introduction

The National Commission for Women (NCW) is a statutory body set up in 1992 under the
National Commission for Women Act, 1990.
Its main aim is to protect and promote the rights and welfare of women in India.

Objectives of NCW

1. To ensure equal status and opportunities for women.

2. To safeguard women's rights as guaranteed by the Constitution and laws.
3. To give recommendations to the government on women-related issues.
4. To address complaints and problems faced by women.

Composition of NCW

The NCW consists of:

1. Chairperson – Nominated by the central government (a woman with experience in women’s
issues).
2. Five Members – Nominated by the central government, with experience in law, health,
education, and social work.
3. Member Secretary – An expert in administration or management.
All members are appointed by the Central Government, and the tenure is usually 3 years.

Functions of NCW

1. Monitor laws for women

o NCW checks if laws related to women (like Dowry Prohibition Act, Domestic
Violence Act, etc.) are being properly followed.
2. Take up complaints
o It accepts and investigates complaints related to harassment, domestic violence,
dowry deaths, rape, etc.
3. Research and study
o Conducts research, collects data, and publishes reports on women's issues.
 4. Legal support
o Provides free legal help to women who cannot afford legal services.
5. Public awareness
o Organizes seminars, workshops, and awareness campaigns on women’s rights.
6. Advisory role
o Advises the government on policy matters affecting women.
7. Inspection of jails, remand homes
o Ensures the welfare of women prisoners and inmates.

Powers of NCW

• Can summon people for inquiry like a civil court.

• Can call for documents or witnesses during investigations.
• Can inspect places like jails, shelters, and report any violations.
• Can recommend amendments in laws for better protection of women.

Achievements of NCW

• Helped create awareness about women’s legal rights.

• Pressured the government to introduce stronger laws against sexual harassment and
domestic violence.
• Supported many victims of gender-based violence through legal and counseling help.

Limitations of NCW

1. No power to punish – Only advisory in nature.

2. Limited staff and funds – Cannot cover all regions efficiently.
3. State commissions not equally active – Some states lack similar bodies or proper
coordination.

Conclusion

The National Commission for Women acts as the voice of Indian women and plays an important role
in safeguarding their rights.
Although it needs more powers, it continues to be a strong support system for women in distress and
an agent of social change.

National Commission for Minorities (NCM)

 Introduction

The National Commission for Minorities (NCM) is a statutory body created by the Government
of India to protect the rights and interests of religious minorities in the country.
It was established in 1992 under the National Commission for Minorities Act, 1992.

Who are Minorities?

According to the Government of India, the following six religious communities are considered
minorities:
1. Muslims
2. Christians
3. Sikhs
4. Buddhists
5. Parsis (Zoroastrians)
6. Jains
These communities are recognized under Section 2(c) of the NCM Act, 1992.

Objectives of NCM

• To ensure that minority communities are not discriminated against.

• To safeguard their constitutional and legal rights.
• To promote peace, respect, and understanding among different religious communities.

Composition of NCM

1. Chairperson – From a recognized minority community.

2. Vice Chairperson
3. Five Members – From different minority communities.
At least one member must be a woman.
All are appointed by the Central Government, and their term is usually 3 years.

Functions of NCM

1. Evaluate laws and policies

o Reviews whether laws and government schemes are helping minorities properly.
2. Complaint redressal
 o Looks into complaints related to discrimination, denial of rights, or harassment
faced by minorities.
3. Safeguarding rights
o Ensures that the fundamental rights and freedoms of minorities are protected.
4. Advisory role
o Advises the Union and State Governments on minority welfare and development
programs.
5. Monitoring minority institutions
o Observes and monitors the functioning of educational and religious institutions
managed by minorities.
6. Research and awareness
o Conducts research and surveys to study the status of minorities, and spreads
awareness about their rights.

Powers of NCM

• Can summon individuals, demand documents, and inspect records.

• Has powers like a civil court while investigating complaints.
• Can make recommendations to the government, but cannot enforce decisions.

Importance of NCM

• Helps promote national integration and harmony.

• Acts as a watchdog to prevent injustice against minorities.
• Encourages inclusive growth and participation of minorities in development.

Challenges

1. Advisory only – It cannot take direct legal action or punishment.

2. Limited powers – Government is not bound to follow its recommendations.
3. Staff shortage – Affects its ability to cover all areas efficiently.

Conclusion

The National Commission for Minorities plays an important role in protecting the rights of
minority communities and promoting equality and justice in society.
Although it needs more authority and resources, it remains a key institution in upholding the secular
and inclusive spirit of the Indian Constitution.
Here is a detailed 8-mark answer on the National Commission for Protection of Child Rights
(NCPCR) in simple and easy language, suitable for your exam:

National Commission for Protection of Child Rights (NCPCR)

Introduction

The National Commission for Protection of Child Rights (NCPCR) is a statutory body
established to protect and promote the rights of children in India.
It was set up in March 2007 under the Commission for Protection of Child Rights Act, 2005.
It works under the Ministry of Women and Child Development, Government of India.

Who is a Child?

According to the law, a child means any person who is below 18 years of age.

Objectives of NCPCR

• To ensure that all laws, policies, programs, and decisions are in the best interest of the
child.
• To protect the rights of children guaranteed under the Constitution of India and various
international treaties like the UN Convention on the Rights of the Child.

Composition of NCPCR

1. Chairperson – A person who has worked in the field of child rights and welfare.
2. Six Members – At least two women members.
o They are experts in education, child labor, health, child development, etc.
All members are appointed by the Central Government and serve for a term of 3 years.

Functions of NCPCR

1. Review laws and policies

o Checks if laws and policies are child-friendly and followed properly.
2. Investigate complaints
o Looks into complaints and problems where children’s rights are denied or violated.
3. Promote child-friendly systems
o Encourages creation of child-friendly schools, police stations, courts, and institutions.
4. Awareness programs
o Spreads awareness about child rights in society through campaigns, workshops, etc.
5. Visit and inspect institutions
o Visits children’s homes, juvenile homes, orphanages, and remand homes to check
conditions and suggest improvements.
6. Research and studies
o Conducts research, data collection, and surveys on child-related issues like
malnutrition, education, abuse, etc.
7. Support children in need
o Takes action in matters like child abuse, trafficking, child labor, child marriage, etc.

Powers of NCPCR

• Has powers like a civil court to:

o Call for records
o Summon individuals
o Conduct inquiries
• Can recommend action to the government
• Can work with State Commissions for protection of child rights

Important Focus Areas

1. Right to Education
2. Protection from abuse and exploitation
3. Health and Nutrition
4. Child labor elimination
5. Rescue and rehabilitation of trafficked children

Challenges

• Lack of awareness among public about the Commission

• Limited manpower and funding
• Slow implementation of recommendations by state and central governments
 Conclusion

The NCPCR plays a vital role in protecting the future of India—its children. It ensures that every
child enjoys a safe, healthy, and happy childhood. Though there are challenges, it remains an
important institution for child welfare and protection in India.

Here is a detailed explanation of the important focus areas of the National Commission for
Protection of Child Rights (NCPCR), in simple and easy language, suitable for 8-mark exam
answers.

Important Focus Areas of NCPCR (Explained in Detail)

The NCPCR focuses on different areas that are very important for the well-being, safety,
development, and rights of children in India. These focus areas help ensure that every child can live
with dignity, security, and equal opportunities.

Right to Education

• The NCPCR works to ensure that every child gets free and compulsory education under the
Right to Education (RTE) Act, 2009.
• It checks whether:
o Schools follow proper norms (classrooms, toilets, teachers, etc.)
o Children are not being forced to drop out.
o Poor or disadvantaged children get admission in private schools under the 25%
reservation rule.
• It monitors school facilities, mid-day meals, and child-friendly teaching environments.

Example: NCPCR investigates complaints where children are denied admission or punished
harshly in schools.

Protection from Abuse and Exploitation

• The commission protects children from:

o Physical abuse
o Sexual abuse
o Emotional neglect
o Trafficking or kidnapping
• It works with the Police, Child Welfare Committees, NGOs, and government departments
to rescue and rehabilitate victims.
• It ensures action is taken under laws like:
 o POCSO Act (Protection of Children from Sexual Offences)
o Juvenile Justice Act

Example: NCPCR intervenes in cases of children being abused in orphanages or homes and
ensures justice.

Health and Nutrition

• The NCPCR promotes proper healthcare, immunization, and nutrition for children.
• It monitors:
o Anganwadi centers (for preschool care and nutrition)
o Mid-Day Meal schemes in schools
o Malnutrition cases among children
• It works with the Ministry of Health, Women and Child Development, and state
governments to improve healthcare delivery.

Example: NCPCR inspects anganwadi centers to ensure that babies and mothers get nutritious
food and basic care.

Child Labour Elimination

• The Commission acts against child labour and bonded labour, especially in:
o Factories
o Shops
o Domestic work
o Hotels and dhabas
• It spreads awareness about the Right to be free from economic exploitation.
• It supports the rehabilitation of rescued children through:
o Shelter
o Education
o Skill training

Example: If someone reports that a child is working in a hotel, NCPCR coordinates with
authorities to rescue and help the child.

Rescue and Rehabilitation of Trafficked Children

• Trafficking means illegal buying, selling, or moving children for work, marriage, or sexual
abuse.
 • NCPCR:
o Helps in rescuing trafficked children
o Ensures they are safely returned to their families or provided shelter
o Works with anti-human trafficking units, police, and NGOs
o Promotes awareness campaigns on child trafficking

Example: In border areas or big cities, NCPCR conducts surprise checks to identify trafficked or
runaway children.

Conclusion:

These focus areas show how NCPCR protects every part of a child’s life—from education and
health to freedom from abuse and labor. It plays a major role in building a safe and happy
environment for children so they can grow into confident, educated, and healthy citizens.

Let me know if you want the next topic — for example, UPSC, CAG, Finance Commission, or any
other constitutional/statutory body.