In India, a constitutional body is a body or institution established directly by a provision of the Constitution of India, as distinct from a statutory body created by an ordinary Act of Parliament or a non-statutory executive body created by a government resolution. Because their existence and powers derive from the constitutional text itself, altering, abolishing, or fundamentally restructuring a constitutional body generally requires a constitutional amendment rather than a simple legislative change.

The members of the Constituent Assembly of India recognized the need for institutions that could regulate matters of national importance with a degree of insulation from executive control. Accordingly, several provisions were written into the Constitution establishing bodies such as the Election Commission of India, the Comptroller and Auditor General of India, and the Union Public Service Commission. Some of these bodies enjoy security of tenure and removal procedures modelled on those for judges of the Supreme Court of India; for instance, the Chief Election Commissioner and the Comptroller and Auditor General can be removed only through a process resembling judicial impeachment, requiring an address by each House of Parliament supported by a majority of the total membership and by two-thirds of members present and voting. Not every constitutional body has such protections; several — including bodies created by amendment, such as the National Commission for Backward Classes — have removal procedures set out in ordinary legislation made under the relevant constitutional provision, and a small number of listed provisions are enabling powers that Parliament or the President has never exercised.

Constitutional bodies are commonly distinguished from statutory bodies, such as the National Human Rights Commission, which are created by an Act of Parliament and can be altered or abolished by ordinary legislation, and from non-statutory bodies such as NITI Aayog, which are set up by executive resolution alone.

List of constitutional bodies The following table lists provisions of the Constitution that establish, or provide for the establishment of, a body or office. Entries marked in the Notes column as "provision not exercised" refer to enabling powers that have not, to date, resulted in an actual standing body.

Article Body or office Notes 76 Attorney General of India Chief law officer of the Union 148 Comptroller and Auditor General of India 165 Advocate General for the State Chief law officer of a state 243-I State Finance Commission Constituted every five years by each state governor 243K State Election Commission Superintends elections to panchayats 243ZD District Planning Committee Consolidates plans prepared by panchayats and municipalities in a district 243ZE Metropolitan Planning Committee Constituted in metropolitan areas 263 Inter-State Council 279A Goods and Services Tax Council Added by the 101st Amendment, 2016 280 Finance Commission Constituted every five years by the President 307 Authority for inter-state trade and commerce Enabling provision only; no such authority has been constituted by Parliament as of 2026 315–323 Union Public Service Commission and State Public Service Commissions 324 Election Commission of India 338 National Commission for Scheduled Castes 338A National Commission for Scheduled Tribes 338B National Commission for Backward Classes Added by the 102nd Amendment, 2018 339 Commission on administration of Scheduled Areas President may appoint at any time; not a permanent standing body 340 Commission on backward classes President may appoint at his discretion (e.g. the Kalelkar Commission, Mandal Commission); not a permanent standing body 350B Special Officer for Linguistic Minorities Currently designated Commissioner for Linguistic Minorities; the Constitution specifies no tenure, qualifications, or removal procedure for the office

See also List of central agencies in India Constitution of India

References

Bibliography