Question map
Consider the following organizations/bodies in India : 1. The National Commission for Backward Classes 2. The National Human Rights Commission 3. The National Law Commission 4. The National Consumer Disputes Redressal Commission How many of the above are constitutional bodies?
Explanation
The correct answer is Option 1 (Only one) because among the four listed organizations, only the National Commission for Backward Classes (NCBC) is a constitutional body.
- National Commission for Backward Classes: Originally a statutory body, it was granted constitutional status via the 102nd Amendment Act, 2018, inserting Article 338B into the Constitution.
- National Human Rights Commission (NHRC): It is a statutory body established under the Protection of Human Rights Act, 1993.
- National Law Commission: It is an executive body established by an order of the Government of India; it has neither constitutional nor statutory status.
- National Consumer Disputes Redressal Commission (NCDRC): It is a statutory, quasi-judicial body established under the Consumer Protection Act.
Since only the NCBC is mandated by the Constitution, Option 1 is the accurate choice.
PROVENANCE & STUDY PATTERN
Full viewThis is a 'Bread and Butter' Polity question; missing this is fatal for your cutoff chances. It comes directly from the Table of Contents of standard books like Laxmikanth, specifically the classification of bodies into Constitutional, Statutory, and Executive. The only 'current affairs' edge is knowing the 102nd Amendment (2018) elevated NCBC to constitutional status.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Is the National Commission for Backward Classes in India a constitutional body established under the Constitution of India?
- Statement 2: Is the National Human Rights Commission in India a constitutional body established under the Constitution of India?
- Statement 3: Is the National Law Commission in India a constitutional body established under the Constitution of India?
- Statement 4: Is the National Consumer Disputes Redressal Commission in India a constitutional body established under the Constitution of India?
- States that the 102nd Amendment Act of 2018 conferred constitutional status on the Commission.
- Specifies the insertion of Article 338-B in the Constitution, after which the Commission ceased to be a statutory body and became constitutional.
- Identifies that the Constitution (102nd Amendment) Act, 2018 inserted Article 338B to provide Constitutional status to the NCBC.
- Links the amendment explicitly to constitutional recognition of the Commission for socially and educationally backward classes.
- Records that the One Hundred and Second Amendment Act, 2018 conferred constitutional status on the NCBC which had been set up in 1993 by an Act of Parliament.
- Summarises the amendment's effect of elevating NCBC from a statutory to a constitutional body.
- Official government (PIB) text states the statutory source for NHRC.
- Specifies the Protection of Human Rights Act, 1993 was enacted to provide for constitution of the NHRC.
- Explicitly describes the NHRC as an independent statutory body.
- Names the Protection of Human Rights Act, 1993 as the establishing statute.
- Refers to the NHRC in terms of provisions of the Act (Section 2(1)(d)), indicating its basis in statute.
- Links NHRC functions to rights guaranteed by the Constitution while showing the Commission itself is defined by the Act.
Explicitly describes the NHRC as a 'statutory (and not a constitutional) body' and names the Protection of Human Rights Act, 1993 as its source.
A student could check whether the NHRC is created by any Article of the Constitution (absence would support statutory origin) or verify the text of the 1993 Act to confirm its creation.
States that the Protection of Human Rights Act, 1993 provides for creation of the National Human Rights Commission and State Human Rights Commissions, indicating statutory creation by that Act.
Compare the Actβs provisions with the Constitution to see if the Commission is established by statute rather than by a constitutional Article.
Gives a clear pattern: commissions that are 'constitutional bodies' are those 'directly established by' a specific Article of the Constitution (example: Article 338-A for the NC for STs).
Use this rule to look for an Article number establishing the NHRC in the Constitution; if none exists, it suggests NHRC is not constitutional.
Provides another example of a constitutional body (National Commission for SCs) being 'directly established by Article 338', reinforcing the pattern that constitutional commissions are tied to specific constitutional Articles.
A student could search the Constitution for similar language or an Article referencing the NHRC; lack of such an Article would indicate statutory status.
Shows that statutory bodies can become constitutional by a constitutional amendment (example: NCBC became constitutional via 102nd Amendment inserting Article 338-B), illustrating the distinction and a pathway to constitutional status.
Check whether any amendment inserted an Article creating the NHRC; absence of such an amendment would support that NHRC remains statutory.
States the Law Commission of India is a non-statutory advisory body established by order of the Central Government for a fixed tenure.
A student could check whether the National Law Commission (or Law Commission) is created by a constitutional provision, statute, or executive order β if not in the Constitution or a Parliament Act, it likely isn't a constitutional body.
Gives an explicit contrast: the National Human Rights Commission is statutory (created by a Parliament Act), and thus not constitutional.
Use this pattern to test the statement by looking for an enactment (Act) or constitutional article establishing the Law Commission; presence of an Act would imply statutory status, absence suggests non-constitutional.
Shows how a body (NCBC) moved from statutory to constitutional status only after a specific constitutional amendment and insertion of a new Article.
A student can look for a similar constitutional amendment or article specifically creating the Law Commission β if none exists, it likely remains non-constitutional.
States that the National Commission for STs is a constitutional body because it is directly established by an Article (338-A) of the Constitution.
Apply this rule: constitutional bodies are typically identified by a specific Article; check the Constitution for any Article establishing the Law Commission.
Examples Finance Commission as a body explicitly provided for by an Article (Article 280), illustrating the pattern that constitutional bodies are created by constitutional provisions.
Verify whether the Law Commission has an analogous constitutional provision; absence would support the conclusion that it is not a constitutional body.
States that the Consumer Protection Act, 2019 provides for a three-tier consumer dispute redressal machinery (District/State/National) and calls these bodies quasi-judicial.
A student could infer these commissions are created by a statute (the Act) and therefore likely statutory rather than bodies created by the Constitution itself; verify by checking whether the NCDC is established by legislation or by a constitutional provision.
Same text as [2] confirming the National Consumer Disputes Redressal Commission is part of a framework set up under the Consumer Protection Act.
Use the rule that bodies created by an Act of Parliament are statutory; compare the Act's role here to constitutional provisions to judge if the commission is constitutional.
Explicitly labels the National Human Rights Commission as a statutory (and not a constitutional) body, showing that national commissions can be statutory.
Apply this pattern: if a national commission is described in statute, it is statutory; check whether the National Consumer Commission is described similarly in statute or in the Constitution.
Gives an example (NCBC) where a national commission changed from statutory to constitutional status via a constitutional amendment inserting a new Article.
Use this precedent to see that a commission is constitutional only if a constitutional provision establishes it (e.g., an Article); check whether any Article in the Constitution establishes the National Consumer Disputes Redressal Commission.
States the National Commission for Women is an autonomous statutory (not constitutional) body created by a specific Act of Parliament.
Reinforces the rule that being created by parliamentary legislation makes a commission statutory; check whether the consumer commission's founding instrument is an Act or the Constitution.
- [THE VERDICT]: Sitter. Direct hit from Laxmikanth (Part VII, VIII, IX). If you have read the book's index, you can solve this.
- [THE CONCEPTUAL TRIGGER]: The 'Source of Authority' framework. Every body in India derives power from one of three sources: The Constitution (Articles), A Statute (Parliamentary Act), or Executive Order (Cabinet Resolution).
- [THE HORIZONTAL EXPANSION]: Memorize the 'Constitutional Club': UPSC (Art 315), EC (Art 324), FC (Art 280), NCSC (Art 338), NCST (Art 338A), NCBC (Art 338B), CAG (Art 148), AGI (Art 76), Special Officer for Linguistic Minorities (Art 350B). Contrast with Statutory: NHRC (1993 Act), CIC (RTI Act), CVC (2003 Act), NGT (2010 Act). Contrast with Executive: NITI Aayog, Law Commission.
- [THE STRATEGIC METACOGNITION]: Do not just read chapters linearly. Create a master table with three columns: Body Name | Nature (Const/Stat/Exec) | Article/Act Year. Review this table one week before the exam. The 102nd Amendment changing NCBC's status was a major polity updateβalways track 'Status Transitions'.
Distinguishes that NCBC was originally created by an Act of Parliament and later became a constitutional body through a constitutional amendment.
High-yield for UPSC because questions often test the legal basis of commissions and authorities; helps link amendment law to institutional status and constitutional provisions. Mastering this clarifies governance classification, powers, and remedies available to bodies.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 50: National Commission for BCs > ESTABLISHMENT > p. 440
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 76: Special Provisions Relating to Certain Classes > SPECIAL PROVISIONS FOR BC. > p. 558
Identifies the exact amendment and constitutional article that granted NCBC constitutional status.
Crucial for Constitutional Law and Polity topics; knowing specific amendments and inserted articles is frequently examined in prelims and mains. It enables precise answers about changes in institutional architecture and their legal consequences.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 50: National Commission for BCs > ESTABLISHMENT > p. 440
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 32: MINORITIES, SCHEDULED CASTES AND SCHEDULED TRIBES > CHAP. 32] MINORITIES, SCHEDULED CASTES AND SCHEDULED TRIBES 461 > p. 461
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > APPENDIX IV Constitutional Amendments at a Glance > p. 725
Summarises the timeline showing NCBC's establishment in 1993 as a statutory body and its elevation to constitutional status in 2018.
Useful for chronology-based questions and essays on reservation and commissions; connects judicial prompts (Mandal judgment) to legislative and constitutional responses. Helps answer questions on policy evolution and institutional reforms.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 50: National Commission for BCs > ESTABLISHMENT > p. 440
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 9: Directive Principles of State Policy > IMPLEMENTATION OF DIRECTIVE PRINCIPLES > p. 116
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 76: Special Provisions Relating to Certain Classes > SPECIAL PROVISIONS FOR BC. > p. 558
Determines whether an institution is created by a specific Act of Parliament or directly by a constitutional provision, which is central to classifying NHRC.
High-yield for polity questions: knowing the distinction helps answer questions on legitimacy, powers, tenure and removal procedures of bodies. It connects to constitutional law, parliamentary legislation, and administrative law, and enables answering comparison and classification-type questions on commissions and authorities.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 57: National Human Rights Commission > ESTABLISHMENT > p. 473
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 58: State Human Rights Commission > ESTABLISHMENT > p. 477
Identifies the legal instrument that brought the NHRC into existence and indicates its statutory character.
Important for questions on institutional origin and scope of human rights mechanisms; helps link legal framework to functions and limitations of NHRC versus constitutional bodies. Useful for case-based questions and for explaining remedial vs constitutional remedies.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 57: National Human Rights Commission > ESTABLISHMENT > p. 473
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 58: State Human Rights Commission > ESTABLISHMENT > p. 477
Contrasts bodies set up by constitutional articles (e.g., Article 338/338-A/338-B) with statutory bodies, clarifying NHRC's non-constitutional status by comparison.
Mastering specific constitutional articles and amendments that create commissions is exam-relevant for direct questions and for comparative analysis of institutional powers; it links Amendments, Articles and institutional design questions in polity.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 48: National Commission for SCs > CHAPTER 48 National Commission for SCs > p. 436
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 49: National Commission for STs > CHAPTER 49 National Commission for STs > p. 438
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 50: National Commission for BCs > ESTABLISHMENT > p. 440
Distinguishes bodies created by Acts of Parliament or by government order from those created directly by the Constitution.
High-yield for governance and polity questions: helps classify commissions (constitutional, statutory, non-statutory) and determines legal status, powers and permanency. Links to topics on constitutional provisions, parliamentary legislation and administrative law; enables direct answers to βnature of bodyβ questions.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 57: National Human Rights Commission > ESTABLISHMENT > p. 473
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 59: National Commission for Women > ESTABLISHMENT > p. 480
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 49: National Commission for STs > CHAPTER 49 National Commission for STs > p. 438
The 'Zonal Councils' vs 'Inter-State Council' trap. Zonal Councils are Statutory (States Reorganisation Act, 1956), but the Inter-State Council is Constitutional (Article 263). Also, the 'Special Officer for Linguistic Minorities' (Article 350B) is Constitutional but often forgotten because it lacks the word 'Commission' in its title.
Linguistic Logic: 'Disputes Redressal' (Statement 4) implies a tribunal or quasi-judicial mechanism for specific grievances, which is almost always Statutory (created by an Act like Consumer Protection Act) rather than a core Constitutional organ. 'Law Commission' (Statement 3) is advisory; Constitutional bodies usually have binding powers or independent oversight (like CAG/EC), not just advisory roles.
Mains GS-2 (Statutory, Regulatory and various Quasi-judicial bodies). Understanding *why* NCBC was made constitutional (to give it civil court powers and independence equal to NCSC) is a direct Mains point for 'Institutional Effectiveness'.