Which of the following institutions is a constitutional body under the Constitution of India?

Difficulty: Easy

Correct Answer: Election Commission

Explanation:


Introduction / Context:

In Indian polity, a very important distinction is made between constitutional bodies, statutory bodies, and extra constitutional advisory bodies. Constitutional bodies are explicitly mentioned in the Constitution and derive their powers and status directly from it. Statutory bodies are created by Acts of Parliament or State legislatures, while some councils and committees are created by executive orders. The question asks you to identify which among the given institutions is a constitutional body, meaning it has a clear basis in the text of the Constitution.



Given Data / Assumptions:

  • The options include several well known institutions: Central Information Commission, Lokpal and Lokayukta, National Development Council, Election Commission, and National Human Rights Commission.
  • We must pick the one that is directly created by the Constitution of India.
  • We assume the usual categorisation of these bodies as taught in standard polity textbooks.


Concept / Approach:

The Election Commission of India is explicitly mentioned in Part XV of the Constitution under Article 324. It is, therefore, a constitutional body. In contrast, the Central Information Commission is a statutory body created under the Right to Information Act. Lokpal and Lokayuktas are established by the Lokpal and Lokayuktas Act. The National Development Council was an extra constitutional advisory body, and the National Human Rights Commission is a statutory body established under the Protection of Human Rights Act. Recognising these foundations helps you isolate the Election Commission as the only constitutional body among the given options.



Step-by-Step Solution:

Step 1: Recall the definition of a constitutional body: it must be provided for directly in the text of the Constitution. Step 2: Identify that Article 324 provides for the Election Commission of India, describing its composition and functions. Step 3: Remember that the Central Information Commission came into existence through the Right to Information Act, making it a statutory body. Step 4: Note that the Lokpal and Lokayukta institutions are set up under an Act of Parliament, again indicating a statutory character. Step 5: Recognise that the National Development Council was created by an executive resolution and does not feature in the Constitution. Step 6: Recall that the National Human Rights Commission is founded under the Protection of Human Rights Act and is therefore also statutory. Step 7: Conclude that the only institution that qualifies as a constitutional body in this list is the Election Commission.


Verification / Alternative check:

An alternative way to verify is to remember the key list of major constitutional bodies, which includes the Election Commission, the Comptroller and Auditor General of India, the Finance Commission, the Union Public Service Commission, and others clearly mentioned in the Constitution. The Election Commission is always placed in this list. On the other hand, bodies like Lokpal, Information Commission, and Human Rights Commission are usually studied under the chapter on statutory bodies, never under the core constitutional body list. This pattern of classification confirms your conclusion.



Why Other Options Are Wrong:

The Central Information Commission is created under the Right to Information Act and is not mentioned in the Constitution. The Lokpal and Lokayuktas exist because of the Lokpal and Lokayuktas Act, which means they too are statutory. The National Development Council was an extra constitutional advisory body that assisted in planning and policy matters but had no constitutional backing. The National Human Rights Commission is a statutory body formed under the Protection of Human Rights Act. None of these have Articles devoted to them in the Constitution itself, unlike the Election Commission.



Common Pitfalls:

Many aspirants confuse the importance or prestige of an institution with its constitutional status. Just because a body is powerful or frequently in the news does not automatically make it a constitutional body. Another common confusion is between the Election Commission and the Central Information Commission, since both have the term Commission and operate nationally. Always check whether the institution is directly named in the Constitution. If not, it is usually statutory or extra constitutional.



Final Answer:

The institution that is a constitutional body in India is the Election Commission.


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