NITI Aayog is neither constitutional nor statutory; it was created by executive resolution. The Lokpal and NHRC are statutory bodies created under the Lokpal and Lokayuktas Act, 2013 and the Protection of Human Rights Act, 1993 respectively.
| Body | Article/Act | Type |
|---|---|---|
| Election Commission (ECI) | Art. 324 | Constitutional |
| UPSC | Art. 315 | Constitutional |
| CAG | Art. 148 | Constitutional |
| Attorney General | Art. 76 | Constitutional |
| NCSC / NCST | Art. 338/338A | Constitutional |
| NCBC | Art. 338B | Constitutional |
| GST Council | Art. 279A | Constitutional |
| Linguistic Minorities Commission | Art. 350B | Constitutional |
| NHRC | HRPA 1993 | Statutory |
| CIC | RTI Act 2005 | Statutory |
| CVC | CVC Act 2003 | Statutory |
| Lokpal | Lokpal Act 2013 | Statutory |
| NCW | NCW Act 1990 | Statutory |
| NITI Aayog | Cabinet Res. | Non-Const. Non-Statutory |
| CBI | DSPE Act 1946 | Statutory |
CEC removal = SC Judge level (Special Majority). Other EC removal = on CEC's recommendation (much easier to remove). 2023 amendment changed appointment committee — earlier only PM + CJI + LoP, now CJI removed, replaced by Cabinet Minister.
The Election Commission of India conducts elections to Parliament, State Legislatures, and the offices of President and Vice-President. State Election Commissions conduct Panchayat and municipal elections under Article 243K.
| Category | UPSC | SPSC |
|---|---|---|
| Part / Articles | XIV / 315-323 | XIV / 315-323 |
| Appointment | President | Governor |
| Tenure | 6 yrs / 65 age | 6 yrs / 62 age |
| Removal | President (SC inquiry) | President (VERY IMPORTANT) |
| Suspension | President | Governor |
| Post-Chairman | No appointment at all ❌ | Eligible for UPSC/other SPSC ✅ |
| Salary Source | CF of India | CF of State |
| Report to | President | Governor |
| Second Term | Not eligible ❌ | Not eligible ❌ |
The President, not the Governor, removes the Chairperson or a member of a State Public Service Commission under Article 317; the Governor may suspend the person while a Supreme Court inquiry is pending. A UPSC Chairperson is ineligible for further government employment, while an SPSC Chairperson may be appointed as the UPSC Chairperson or as the Chairperson of another SPSC.
IAS · IPS · IFS (Indian Forest Service). These 3 are constitutional — Art. 312 gives Parliament power to create them. Other services like IRS, IFS (Foreign) are NOT All India Services.
The Comptroller and Auditor General is established under Article 148, is removed in the same manner and on the same grounds as a Supreme Court judge, and is ineligible for further government office. The Public Accounts Committee examines CAG reports and is conventionally chaired by a member of the Opposition.
Attorney General (Art. 76) + 89 = Advocate General (Art. 165). AG qualification = SC Judge level. Advocate General qualification = HC Judge level. AG can practice privately — judges cannot!
GST Council Chairman = Union Finance Minister (not PM). This is a Constitutional body (via 101st Amendment). Inter-State Council Chairman = PM. NITI Aayog Chairman = PM. Different bodies, different chairpersons!
| Feature | NCSC (Art. 338) | NCST (Art. 338A) | NCBC (Art. 338B) |
|---|---|---|---|
| Amendment | 65th CAA, 1990 | 89th CAA, 2003 | 102nd CAA, 2018 |
| Effective | 1990 | 2004 | 2018 |
| Previously | Originally combined — bifurcated by 89th Amendment | Statutory (1993) → Constitutional (2018) | |
| Composition | Chairperson + Vice Chairperson + 3 Other Members | ||
| Appointment | By President | ||
| Tenure | 3 years | ||
| Function | Protect SC interests | Protect ST interests | Protect Backward Classes interests |
The NCSC and NCST originally formed a single commission under the 65th Amendment of 1990; the 89th Amendment of 2003 separated them. The NCBC began as a statutory body in 1993 and received constitutional status through the 102nd Amendment in 2018.
NHRC Chairperson must be former CJI (not sitting CJI). Maximum age = 70 years. Other bodies like CAG/UPSC have 65 years — NHRC alone has 70 years. Also: Int'l Human Rights Day = 10 Dec, not 12 Oct.
RTI Act effective = 12 Oct 2005. CIC oversees implementation of RTI at Union level. Each State has State Information Commission (SIC) — appointed by Governor.
The CVC selection committee comprises the Prime Minister, Leader of the Opposition and Home Minister. The CEC selection committee comprises the Prime Minister, Leader of the Opposition and a Cabinet Minister nominated by the Prime Minister. Only the first two positions are common to both committees.
Both CVC and CBI recommended by same K. Santhanam Committee (1964). CVC is supervisory; CBI is investigative. CBI operates under DSPE Act 1946 — an old colonial-era law that was never replaced!
The Central Government recognises six religious minority communities, with Jains added later. Hindus are not a nationally notified minority, though they may form a numerical minority in particular States or Union Territories.
1st Lokpal in World = 1809, Sweden (called "Ombudsmen"). 1st Lokpal in India = Pinaki Chandra Ghose (2019). Current = Ajay Manikrao Khanwilkar. 1st Lokayukta in India = Maharashtra (1971).
Lokpal investigation includes PM with restrictions — not fully covered. PM investigation only after Lokpal's full bench approves it (7/8 members). International Peace, External Affairs, Atomic Energy — PM excluded for these subjects.
Planning Commission = Statutory body? NO — also non-statutory. NITI Aayog also non-statutory. Difference: Planning Commission had binding allocations, NITI Aayog only advisory role. States can now reject NITI Aayog recommendations. Arvind Panagariya = 1st VC + now 16th Finance Commission Chairman!
| Body | Article/Act | Type | Appointed by | Tenure | Removal |
|---|---|---|---|---|---|
| ECI (CEC) | Art. 324 | Constitutional | President | 6 yrs / 65 age | Like SC Judge |
| UPSC Chairman | Art. 315 | Constitutional | President | 6 yrs / 65 age | President (SC inquiry) |
| SPSC Chairman | Art. 315 | Constitutional | Governor | 6 yrs / 62 age | President ⚠️ |
| CAG | Art. 148 | Constitutional | President | 6 yrs / 65 age | Like SC Judge |
| Attorney General | Art. 76 | Constitutional | President | At President's pleasure | — |
| NCSC / NCST / NCBC | Art. 338/338A/338B | Constitutional | President | 3 years | President |
| NHRC Chairperson | HRPA 1993 | Statutory | President | 3 yrs / 70 age | President |
| CIC | RTI Act 2005 | Statutory | President | 3 yrs / 65 age | President |
| CVC Chairman | CVC Act 2003 | Statutory | President | 4 yrs / 65 age | President |
| Lokpal Chairperson | Lokpal Act 2013 | Statutory | President | 5 yrs / 70 age | President |
| NCW Chairperson | NCW Act 1990 | Statutory | Central Govt | 3 years | Govt |
| NITI Aayog VC | Cabinet Resolution | Non-Constitutional Non-Statutory | PM | At PM's pleasure | PM |
1. SPSC removal = PRESIDENT (not Governor) · 2. NHRC & Lokpal tenure = 70 years (others = 65) · 3. CAG = No reappointment · 4. UPSC Chairman = No further govt job at all · 5. NITI Aayog = Non-Statutory (not even an act of Parliament)