Non-Constitutional (Statutory & Executive) Bodies

NITI Aayog, CBI, CVC and others β€” bodies created by ordinary law or executive resolution, not by the Constitution itself.

πŸ“– The key distinction

Non-constitutional bodies are created either by an ordinary Act of Parliament (making them "statutory bodies") or by a mere executive resolution of the government, without any specific law. Because they don't come from the Constitution, Parliament can alter or abolish them far more easily than it could a constitutional body.

🧭 NITI Aayog

Set up in 2015 by an executive (Cabinet) resolution, replacing the Planning Commission. It is a policy think tank, not a body with the power to allocate funds to states β€” unlike the Planning Commission, which controlled Five-Year Plan financing.

πŸ•΅οΈ Central Bureau of Investigation β€” CBI

Derives its powers from the Delhi Special Police Establishment (DSPE) Act, 1946 β€” a colonial-era law, not a purpose-built statute. This unusual legal basis is part of why the CBI has often been called a "caged parrot" by courts, due to concerns over its independence from the government.

πŸ›‘οΈ Central Vigilance Commission β€” CVC

Originally set up by executive resolution in 1964; given statutory status by the CVC Act, 2003. Oversees vigilance and anti-corruption work in central government organisations.

βš–οΈ National Human Rights Commission & Lokpal

NHRC was established under the Protection of Human Rights Act, 1993. The Lokpal, an anti-corruption ombudsman for the Union, was created by the Lokpal and Lokayuktas Act, 2013.

πŸ’‘ Key Facts

  • Non-constitutional bodies come from ordinary law or executive resolution, not the Constitution.
  • NITI Aayog (2015, executive resolution) replaced the Planning Commission; it cannot allocate funds like its predecessor could.
  • CBI derives power from the colonial-era DSPE Act, 1946 β€” hence the "caged parrot" criticism.
  • Lokpal was created by the Lokpal and Lokayuktas Act, 2013.

πŸ”– 60-Second Revision

  • Non-constitutional = statutory (Act of Parliament) or executive resolution β€” easier to change than constitutional bodies.
  • NITI Aayog (2015) replaced Planning Commission (1950) β€” think tank, not a fund-allocator.
  • CBI β†’ DSPE Act, 1946 (colonial law) β†’ independence concerns.
  • CVC β†’ executive resolution 1964 β†’ statutory via CVC Act, 2003.
  • NHRC β†’ Protection of Human Rights Act, 1993. Lokpal β†’ 2013 Act.

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