What are Constitutional Bodies?
Constitutional bodies are institutions established directly by the Constitution of India. They derive their powers, functions, and authority from specific Articles of the Constitution. They cannot be abolished or altered without a constitutional amendment.
List of Constitutional Bodies
| Body | Article | Key Function |
|---|---|---|
| Election Commission of India | 324 | Conducts free and fair elections |
| Union Public Service Commission (UPSC) | 315-323 | Recruitment to All-India and Central Services |
| State Public Service Commission (SPSC) | 315-323 | Recruitment to State Services |
| Finance Commission | 280 | Recommends Centre-State tax distribution |
| Comptroller & Auditor General (CAG) | 148-151 | Audits government accounts |
| Attorney General of India | 76 | Chief legal advisor to Government of India |
| Advocate General of State | 165 | Chief legal advisor to State Government |
| National Commission for SCs | 338 | Safeguards for Scheduled Castes |
| National Commission for STs | 338-A | Safeguards for Scheduled Tribes |
| Special Officer for Linguistic Minorities | 350-B | Safeguards for linguistic minorities |
| Inter-State Council | 263 | Centre-State and inter-state coordination |
| GST Council | 279-A | Recommends GST rates and policies |
Key Points for UPSC
- CAG is described as the “guardian of the public purse” — reports to Parliament through the President
- Finance Commission is constituted every 5 years; 16th FC chaired by Dr Arvind Panagariya — report submitted November 17, 2025; tabled in Parliament February 1, 2026; award period 2026-31; states’ share in divisible pool: 41% (unchanged from 15th FC)
- Election Commission is a multi-member body since 1993 (CEC + 2 ECs); Supreme Court ruled in Anoop Baranwal v. Union of India (2023) that appointments should be made by a committee including the CJI
- GST Council (Article 279-A) was added by the 101st Constitutional Amendment Act, 2016
- National Commission for Backward Classes (Article 338-B) was made constitutional by 102nd Amendment, 2018
Current Heads of Key Constitutional Bodies (as of May 2026)
| Body | Current Head | Since | Notes |
|---|---|---|---|
| Election Commission of India (CEC) | Gyanesh Kumar | February 19, 2025 | 25th CEC; first CEC appointed under the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023 |
| Comptroller & Auditor General (CAG) | K. Sanjay Murthy | November 21, 2024 | 15th CAG; 1989 batch IAS (Andhra Pradesh cadre) |
| UPSC Chairman | Dr. Ajay Kumar | May 14, 2025 | 1985 batch IAS (Kerala cadre); former Defence Secretary; term till October 2027. Preeti Sudan (1st woman UPSC chair) served Aug 2024–April 2025 |
| Attorney General of India | R. Venkataramani | October 2022 | Senior advocate; appointed for 3-year term |
| 16th Finance Commission | Dr Arvind Panagariya (Chair) | December 2023 | Report submitted to President on November 17, 2025; tabled in Parliament February 1, 2026; award period 2026-27 to 2030-31; key recommendation: states’ share in divisible pool remains 41% |
Difference: Constitutional vs Statutory Bodies
| Feature | Constitutional Body | Statutory Body |
|---|---|---|
| Source | Constitution of India | Act of Parliament |
| Abolition | Requires constitutional amendment | Can be abolished by repealing the Act |
| Examples | UPSC, ECI, CAG | NHRC, CIC, NCBC (before 2018) |
