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Constitutional and Non - Constitutional Bodies of India Video Lecture - CLAT

FAQs on Constitutional and Non - Constitutional Bodies of India Video Lecture - CLAT

1. What are constitutional bodies in India?

Constitutional bodies in India are institutions that are mentioned in the Constitution and derive their powers and functions from it. They play a crucial role in ensuring the smooth functioning of the country's democratic system. Examples of constitutional bodies in India include the Election Commission, Union Public Service Commission (UPSC), and the National Human Rights Commission (NHRC).

2. Can non-constitutional bodies make binding decisions?

No, non-constitutional bodies in India do not have the power to make binding decisions. While they may have certain advisory or regulatory functions, their decisions are not legally binding. These bodies are created by the government or other authorities to assist in policy-making, implementation, and oversight of various sectors. Examples of non-constitutional bodies in India include the Planning Commission (now replaced by NITI Aayog) and the Central Vigilance Commission.

3. What is the role of the Election Commission as a constitutional body?

The Election Commission of India is a constitutional body responsible for conducting free and fair elections in the country. Its main functions include the preparation and updating of electoral rolls, delimitation of constituencies, supervision of political parties, enforcement of the model code of conduct, and the conduct of elections at various levels - from local bodies to the Parliament. The Election Commission ensures the transparency and integrity of the electoral process, which is vital for a functioning democracy.

4. How are members appointed to constitutional bodies in India?

The appointment process for constitutional bodies in India varies depending on the specific body. Generally, the President of India appoints the members of these bodies. For example, the Chief Election Commissioner and other Election Commissioners are appointed by the President. In some cases, such as the UPSC, the appointment is made by the President on the advice of the Union Public Service Commission itself. The appointment process aims to ensure the independence and impartiality of these bodies.

5. Are the decisions of non-constitutional bodies legally enforceable?

While the decisions of non-constitutional bodies may not be legally enforceable, they often have significant impact and influence. These bodies are created to provide expert advice, regulate specific sectors, or monitor compliance with certain standards. Their recommendations or decisions can have practical implications and may be considered by the government or other relevant authorities while making policies or taking actions. However, their decisions do not have the same legal binding power as those of constitutional bodies.

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Jan 15, 2025 Last updated

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