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Constitutional bodies

The independent bodies created by the Constitution itself: the CAG, UPSC, Finance Commission, Election Commission and the national commissions.

Articles 76, 148, 280, 315, 324, 338 and others662 words

A constitutional body is one that is created by the Constitution itself. Its powers come directly from an article of the Constitution, and it cannot be abolished or changed except by a constitutional amendment. This gives such bodies independence from the government of the day. A body set up by an ordinary law of Parliament is a statutory body; one set up by a government order is an executive body.

The main constitutional bodies

BodyArticleWhat it does
Election Commission of India324Conducts elections to Parliament, state legislatures and the offices of President and Vice-President
Comptroller and Auditor General (CAG)148Audits the accounts of the Union and the states
Union Public Service Commission (UPSC)315Recruits officers for the All India and central services
State Public Service Commissions315Recruit officers for the state services
Finance Commission280Recommends the sharing of taxes between the Union and the states
Goods and Services Tax Council279ARecommends GST rates and rules
National Commission for Scheduled Castes338Monitors the safeguards for Scheduled Castes and inquires into complaints
National Commission for Scheduled Tribes338ADoes the same for Scheduled Tribes
National Commission for Backward Classes338BDoes the same for socially and educationally backward classes
Attorney General for India76Chief legal adviser to the Government of India
Advocate General of a state165Chief legal adviser to the state government
Special Officer for Linguistic Minorities350BReports on the safeguards for linguistic minorities
State Election Commission243KConducts elections to panchayats and municipalities
State Finance Commission243IRecommends the sharing of money between a state and its local bodies

The Comptroller and Auditor General

The CAG (Article 148) is the guardian of the public purse. Appointed by the President, the CAG holds office for six years or until the age of 65, whichever is earlier, and can be removed only in the manner of a Supreme Court judge. The CAG audits all receipts and expenditure of the Union and state governments and of bodies financed by them, and submits reports to the President and the Governors, who place them before the legislatures. There the reports are examined by the Public Accounts Committee.

The Union Public Service Commission

The UPSC (Articles 315 to 323) conducts examinations for appointment to the services of the Union, including the well-known Civil Services Examination. Its chairman and members are appointed by the President and hold office for six years or until the age of 65. Each state has its own Public Service Commission, whose members hold office until the age of 62. The commissions advise the government on recruitment, promotion and disciplinary matters; their independence protects the merit system.

The Finance Commission

The President appoints a Finance Commission (Article 280) every five years, or earlier. It has a chairman and four other members. It recommends how the net proceeds of central taxes should be divided between the Union and the states and among the states, the principles for grants to the states, and measures to support panchayats and municipalities.

Bodies that are not constitutional

Many well-known bodies are not mentioned in the Constitution. The National Human Rights Commission, the Central Information Commission, the Central Vigilance Commission, the National Commission for Women and the Lokpal are statutory bodies, created by Acts of Parliament. NITI Aayog, which replaced the Planning Commission in 2015, was created by a resolution of the Union Cabinet and is an executive body. Examinations often ask students to tell these apart.

Services under the Union and the states

Part XIV also protects civil servants. Under Article 311, a member of a civil service cannot be dismissed or reduced in rank by an authority lower than the one that appointed him or her, and not without an inquiry and a reasonable opportunity to be heard. Part XIVA (Articles 323A and 323B), added in 1976, allows Parliament to set up tribunals, such as the Central Administrative Tribunal, to decide service matters and other disputes quickly.

Key articles on this page

ArticleWhat it says, in short
148Comptroller and Auditor General of India.
311Safeguards for civil servants against dismissal, removal or reduction in rank.
315Public Service Commissions for the Union and for the states.
320Functions of Public Service Commissions.
323AAdministrative tribunals.
338National Commission for Scheduled Castes.
338ANational Commission for Scheduled Tribes.
338BNational Commission for Backward Classes.

Quick questions

Think of the answer first, then tap to check.

What is a constitutional body?

A body created by the Constitution itself, whose powers come from an article of the Constitution.

Which article provides for the Comptroller and Auditor General?

Article 148.

Is NITI Aayog a constitutional body?

No. It was created by a Cabinet resolution and is an executive body.

How often is a Finance Commission appointed?

Every five years, or earlier.

This page explains the Constitution in simple words for students and general readers. It is not the official text and is not legal advice. The official text is published by the Legislative Department, Government of India (legislative.gov.in). Last checked: 11 November 2026.

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