Which of the following are NOT constitutional bodies 1. National Commission for Backward Classes 2. State Public Service Commission 3. NITI Aayog 4. National Human Rights Commission Select the correct answer using the code given below?

Option 2 : 3 and 4 only

The correct answer is 3 and 4 only.

Constitutional bodies derive their powers and authorities from the Constitution of India. They are mentioned in the Constitution.

NITI Aayog-

• The National Institution for Transforming India, also called NITI Aayog, was formed via a resolution of the Union Cabinet on January 1, 2015. NITI Aayog is the premier policy ‘Think Tank’ of the Government of India, providing both directional and policy inputs. While designing strategic and long term policies and programmes for the Government of India, NITI Aayog also provides relevant technical advice to the Centre and States.
• It is not a constitutional body because a constitutional body is one that derives its powers, functions, and organizational structure from the Constitution of India.
• NITI AYOG has never been passed as an act of Parliament nor it has been mentioned anywhere in the Constitution thus its definitely neither statutory nor a constitutional body. It has been passed by a resolution of the cabinet also called executive resolution.
• The Governing Council of NITI, with The Prime Minister as its Chairman, comprises Chief Ministers of all States and Lt. Governors of Union Territories (UTs).

National Human Rights Commission-

• It was established in 1993. The statute under which it is established is the Protection of Human Rights Act (PHRA), 1993 as amended by the Protection of Human Rights (Amendment) Act, 2006.
• It is in conformity with the Paris Principles, adopted at the first international workshop on national institutions for the promotion and protection of human rights held in Paris in October 1991, and endorsed by the General Assembly of the United Nations. 
• The National Human Rights Commission is a statutory ( and not a constitutional) body. This act was amended in 2006. The NHRC is an embodiment of India’s concern for the promotion and protection of human rights.

Hence, NITI Aayog and National Human Rights Commission are not constitutional bodies.

• The 102nd amendment act 2018 conferred the constitutional status on the national commission for backward classes ( Article 338 B of the Indian constitution) under the ministry of social justice and empowerment.
• The state public service commission is also a constitutional body. Parallel to the union public service commission( UPSC) at the centre, there is a state public service commission (SPSC) in a state. The appointment and removal of members, power and functions, and independence are features of an SPSC.