Para 5 — CSMOP
Original Rule Text
5. Statutory Bodies – such bodies as are established under a statute or an Act of Parliament (e.g. Central Vigilance Commission, Central Information Commission, Central Board of Film Certification, National Commission for Backward Class etc.).
What This Means
Para 5 defines Statutory Bodies — organisations that are created by an Act of Parliament, not by the Constitution directly. The examples given are the Central Vigilance Commission, the Central Information Commission, the Central Board of Film Certification, and the National Commission for Backward Classes. All of these exist because Parliament passed a specific law bringing them into being.
The key distinction from Constitutional Bodies (Para 4) is that Statutory Bodies derive their authority from legislation. Parliament can amend or even repeal the Act that created a Statutory Body, thereby changing its powers or abolishing it. A Constitutional Body, by contrast, can only be altered through a constitutional amendment.
For Section Officers and dealing hands, this matters when preparing notes or references involving these bodies. Citing the correct governing Act, understanding that the body's powers are defined by statute, and knowing that any proposed change to the body's mandate goes through legislative amendment rather than executive order — these are practical implications of the Para 5 definition.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Statutory Bodies are established by an Act of Parliament — not directly by the Constitution.
- 2Examples: Central Vigilance Commission (CVC Act), Central Information Commission (RTI Act), CBFC (Cinematograph Act), NCBC.
- 3Their powers, composition, and mandate are defined by the parent statute.
- 4Parliament can amend or repeal the statute, thereby changing or ending the body.
- 5This contrasts with Constitutional Bodies (Para 4), which require a constitutional amendment to modify.
- 6When preparing references or notes involving a Statutory Body, cite the correct governing Act.
Practical Example
A Section Officer in the Ministry of Information and Broadcasting is preparing a note on expanding the powers of the Central Board of Film Certification. The note must correctly identify CBFC as a Statutory Body under the Cinematograph Act, 1952. Any proposal to change CBFC's composition or mandate must go through an amendment to the Cinematograph Act — requiring Parliamentary approval. If the SO incorrectly treated CBFC as an autonomous body, the note might suggest that a simple executive order can change its structure, which would be legally incorrect and could lead to a flawed policy proposal.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
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This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.