UPSC Prelims 2023 Q35: Indian Polity – Constitutional & Statutory Bodies
- (a) Only one
- (b) Only two
- (c) Only three
- (d) All four
Answer: (a) Only one
Explanation
Constitutional Bodies in India
A constitutional body is one established directly by the Constitution of India — it cannot be abolished by ordinary law; only a constitutional amendment can remove it.
| Organisation | Constitutional or Statutory? | Basis |
|---|---|---|
| National Commission for Backward Classes (NCBC) | Constitutional | Established by 102nd Constitutional Amendment (2018) — inserted Article 338B |
| National Human Rights Commission (NHRC) | Statutory | Created by Protection of Human Rights Act, 1993 — ordinary legislation |
| National Law Commission | Statutory | Created by executive order / government resolution — not even an Act |
| National Consumer Disputes Redressal Commission (NCDRC) | Statutory | Created by Consumer Protection Act, 1986 / 2019 — ordinary legislation |
Only NCBC is a Constitutional body → Only one.
Answer: (a) Only one.
Why each option is right or wrong
- (a) CORRECT. Only the National Commission for Backward Classes (NCBC) is a constitutional body, established under Article 338B inserted by the 102nd Amendment (2018).
- (b) Incorrect. 'Only two' — NHRC is a statutory body under the Protection of Human Rights Act, 1993, not a constitutional body.
- (c) Incorrect. 'Only three' — NCDRC is a statutory body under consumer protection legislation.
- (d) Incorrect. 'All four' — National Law Commission is an advisory body created by executive resolution, not even a statutory body.
Key point
NCBC = Constitutional body (Article 338B, 102nd Amendment 2018). NHRC, NCDRC = Statutory (ordinary Acts). National Law Commission = Executive body. Only one constitutional body in the list.
Remember
Of the four organisations listed, only the National Commission for Backward Classes (NCBC) is a constitutional body — established under Article 338B by the 102nd Constitutional Amendment (2018). NHRC, NCDRC, and National Law Commission are statutory or executive bodies.
Common mistakes
- Thinking NHRC is constitutional — it is created by the Protection of Human Rights Act, an ordinary law that Parliament can amend or repeal.
- Confusing 'national' in the name with constitutional status — many national commissions are statutory, not constitutional.
- Not knowing that NCBC was upgraded to constitutional status in 2018 — before the 102nd Amendment, it was a statutory body.
Exam tip
Constitutional bodies (have Articles): UPSC (315), CAG (148), EC (324), SC/HC, NCSC (338), NCST (338A), NCBC (338B), Finance Commission (280), CVC... NHRC, CBI, CIC, SEBI = Statutory. NCBC is the newest constitutional body (2018).
Sources
- Constitution of India — Articles 338, 338A, 338B
- 102nd Constitutional Amendment Act, 2018