Constitutional body
Topic: Constitutional Bodies: UPSC, CAG, Finance Commission and Others · NCERT: Class 8, Ch 5 "Universal Franchise and India's Electoral System"; Class 9, Ch 7 "Elections"
Meaning
A constitutional body is an institution created directly by the Constitution itself. Examples are the Election Commission (Art. 324), the UPSC (Arts. 315-323), the CAG (Art. 148) and the Finance Commission (Art. 280). Parliament cannot abolish such a body or weaken its main protections by an ordinary law. That needs a constitutional amendment under Art. 368. This matters because these bodies must act like neutral umpires. Their protections include a fixed term, a hard removal process, expenses charged on the Consolidated Fund (paid without a vote in Parliament) and limits on government jobs after retirement.
Example
The CAG can be removed only the way a Supreme Court judge is removed. Each House of Parliament must pass an address by special majority. So no government can simply sack an auditor whose reports embarrass it.
Don't confuse with
- Statutory body (NHRC, CVC, Lokpal): it is created by an ordinary Act of Parliament, so another ordinary Act can reshape it or close it.
- Executive body (NITI Aayog): it is set up by a government order and can be closed the same way. The Delimitation Commission and the Solicitor General are also not constitutional.