Sunday, July 22, 2012

Constitutional body vs statutory body

Statutory body

  • can simply be abolished by an act of the parliament with simple majority.
  • Parliament could get tired of them and get rid of them easily.
  • e.g. CAT,CVC,CIC.

Constitutional Body

  • are written into the Constitution of a nation
  • and can’t be abolished without amending that part of the Constitution which sometimes also requires consent of the states. And also can be invalidated by the Supreme court.
  • e.g. EC,CAG,SC/ST Commission.
Immunities given to Constitutional bodies
  1. they can be removed : only on proved misbehavior. and its the Supreme court that Decided whether they misbehaved or not. = their office doesn’t depend on the ruling party’s majority in the Parliament.
  2. their salary, powers and rights are mentioned in the Constitution itself-and parliament can’t reduce it once they’re appointed. Its charged on the Consolidated Fund of India = Parliament can’t vote on It during budget. (however the salary can be reduced if President declares a financial emergency.)
  3. and if parliament wants to do this- then they need to amend the Constitution. and Supreme Court has power to invalidate it, if found inconsistent with the basic principles/Structure.
Such immunities are not enjoyed by Statutory bodies.
the main difference we can say is the Word may and Shall
CAT

323A. (1) Parliament may, by law, provide for the Administrative adjudication or trial by administrative tribunals of tribunals.
  • so following this ‘May’ – parliament made an Act to provide for CAT hence its statutory.
  • there is no Constitutional obligation on the parliament / Central Govt. to make a law to appoint CAT etc.
  • so-their office can simply be abolished by an act of the parliament with simple majority and Supreme court can’t repeal it because of the discretion given to parliament regarding this part.
Panchayati Raj ( Constitutional body)

as 243B. (1) There shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part.
  • the ‘shall’ means – it must be formed – doesn’t depend on the mood and majority of the parliament /states.here its the Constitutional obligation on the Govt. form Panchayati Raj bodies.
  • if State Govt. obstructs it- then it amounts to ‘state Govt. unable to carry out business as per provisions of Constitution’= President’s rule can be declared.
CAG ( Constitutional body)

148. (1) There shall be a Comptroller and Auditor-General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as a Judge of the Supreme Court.

 EC( Constitutional body)

324. (1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the office of President and Vice-President held under this Constitution shall be vested in a Commission.

 Related Posts:
Main Recommendations of Punchhi Commission
Amendment process under Indian Constitution
Punchhi Commission
Motions in Indian Parliament
Writs in Indian Constitution
Non-cooperation- Khilafat Movement
Himalayan River System
NATIONAL POLICY FOR THE EMPOWERMENT OF WOMEN
Centre State Relations
The Drain of Wealth Theory

Relates Topics:
Indian Polity
Central Government Schemes and Plans
Science and Technology
Health and Diseases
Current Affairs
International Affairs
Environment and Bio-Diversity
India and World History
Geography


Posted by at Labels: ,

14 comments:

  1. Anonymous02 April, 2019 16:01

    You made some good points there. I checked on the web to find out
    more about the issue and found most individuals will go
    along with your views on this site.

    ReplyDelete
  2. Anonymous17 April, 2019 00:23

    Thanks for the auspicious writeup. It in fact was once a amusement account it.
    Glance advanced to far added agreeable from you! By the way, how can we keep in touch?

    ReplyDelete
  3. Anonymous17 April, 2019 00:53

    I was suggested this website by my cousin. I am not
    sure whether this post is written by him as nobody else know such
    detailed about my problem. You're incredible! Thanks!

    ReplyDelete
  4. Anonymous24 April, 2019 06:15

    Hi there, its nice piece of writing concerning media print, we all understand media is a great source of information.

    ReplyDelete
  5. Anonymous30 April, 2019 09:14

    Very rapidly this website will be famous among all blogging and site-building
    people, due to it's pleasant posts

    ReplyDelete
  6. Anonymous02 May, 2019 13:25

    I believe that is one of the such a lot vital information for me.
    And i'm glad studying your article. But wanna remark on some general issues, The site style is wonderful, the articles is really excellent : D.
    Good process, cheers

    ReplyDelete
  7. Anonymous03 May, 2019 07:18

    My brother suggested I would possibly like this website. He
    used to be totally right. This put up truly made my day.
    You cann't imagine simply how much time I had spent for this info!
    Thanks!

    ReplyDelete
  8. Anonymous05 May, 2019 14:46

    Wow that was strange. I just wrote an really long comment but after I clicked submit my comment
    didn't show up. Grrrr... well I'm not writing all that over again. Anyway, just wanted
    to say wonderful blog!

    ReplyDelete
  9. Anonymous06 May, 2019 08:36

    Whats up very nice site!! Man .. Beautiful .. Superb ..
    I will bookmark your website and take the feeds additionally?
    I'm satisfied to find numerous useful info here within the publish, we need work out more strategies on this regard, thank you for sharing.
    . . . . .

    ReplyDelete
  10. Anonymous07 May, 2019 18:01

    I am no longer sure the place you're getting your info, but good topic.
    I needs to spend some time learning more or working out more.

    Thanks for great info I was searching for this info for my mission.

    ReplyDelete
  11. Anonymous07 May, 2019 23:42

    WOW just what I was searching for. Came here by searching for PCB Testing

    ReplyDelete
  12. Anonymous08 May, 2019 07:49

    Hi! I realize this is somewhat off-topic but I had to ask.
    Does managing a well-established website like yours require a lot of work?

    I am brand new to writing a blog but I do write in my journal
    every day. I'd like to start a blog so I can share my experience and feelings online.
    Please let me know if you have any ideas or tips for new aspiring blog owners.
    Appreciate it!

    ReplyDelete
  13. Anonymous12 May, 2019 03:55

    I have read a few just right stuff here. Certainly price bookmarking for revisiting.

    I wonder how much effort you set to make the sort of great informative site.

    ReplyDelete
  14. Anonymous12 May, 2019 14:12

    It's the best time to make some plans for the future and it is time
    to be happy. I have read this post and if I could I wish to suggest you few interesting things or
    tips. Perhaps you can write next articles referring to this article.

    I wish to read more things about it!

    ReplyDelete

Subscribe to: Post Comments (Atom)

Random Articles:

  • Magnetohydrodynamics Generator
    30.04.2013 - 0 Comments
    The Magnetohydrodynamic power generation technology (MHD ) is the production of electrical power utilising a high temperature conducting plasma moving through an intense magnetic field.Principle of MHD Power GenerationWhen an electrical conductor is moved so as to cut lines of magnetic…
  • Vishaka Guidelines
    21.02.2015 - 0 Comments
    Guidelines and norms laid down by the Hon’ble Supreme Court in Vishaka and Others Vs. State of Rajasthan and Others(JT 1997 (7) SC 384) HAVING REGARD to the definition of ‘human rights’ in Section 2 (d) of the Protection of Human Rights Act, 1993, TAKING NOTE of the fact that the present civil…
  • Mutual Funds and Entry Load
    15.07.2012 - 0 Comments
    What is Mutual fund? They accept money from common people and invest it in shares and bond marks. And whatever profit / interest they make, they give back to the customer after cutting their profit Margin. A mutual fund is a type of professionally-managed collective investment scheme that…
  • Non-cooperation- Khilafat Movement
    28.04.2013 - 0 Comments
    Background and Causes: Mahatma Gandhi led his non-violent nationalist movement “satyagraha”, as a protest against government repression such as theRowlatt Act of 1919, and the Jalian Wallah Bagh Massacre of April 1919. To enlist Muslim support in his movement, Gandhi…
  • NATIONAL CHILD POLICY
    02.05.2013 - 0 Comments
    For the first time since Independence, India has adopted a policy document at the highest level to recognize every child’s right to survival, development, protection and participation and define a child as a person below 18 years of age. The Policy approved by the Cabinet will inform all…
  • EXTERNAL COMMERCIAL BORROWINGS
    16.04.2013 - 0 Comments
    External Commercial Borrowings (ECB) refer to commercial loans [in the form of bank loans, buyers’ credit, suppliers’ credit, securitised instruments (e.g. floating rate notes and fixed rate bonds)] availed from non-resident lenders with minimum average maturity of 3 years. Even loans…
  • Role of ASHA and ANM
    30.04.2016 - 0 Comments
    One of the key components of the National Rural Health Mission is to provide every village in the country with a trained female community health activist  'ASHA'  or Accredited Social Health Activist. Selected from the village itself and accountable to it, the ASHA will be trained to…
  • Reorganisation of States in India
    05.04.2013 - 1 Comments
    From: IAS (Indian Administrative Service Aspirant's blog) After independence, the demand for the reorganisation of states on linguistic basis was raised from different regions. The Constitution Assembly appointed S. K. Dhar Commission in Nov. 1947 to study the issue of reorganisation of…