NON-CONSTITUTIONAL BODIES
1. Non-Constitutional Bodies
Non-constitutional bodies, also known as non-constitutional authorities or statutory bodies, play a significant role in the governance and administration of a country. These bodies are established through statutes or laws passed by the legislature and derive their powers, functions, and responsibilities from these legal provisions. Unlike constitutional bodies, which are mentioned in the constitution itself, non-constitutional bodies are created to address specific issues, provide expertise, and perform specialized functions that complement the functioning of the government.
Key features of non-constitutional bodies include:
- Statutory Basis: Non-constitutional bodies are established by specific legislation enacted by the parliament or the state legislature. The laws outlining their creation, powers, functions, and composition define their scope of operation.
- Expertise and Specialization: These bodies are often set up to handle specific sectors or areas of public interest that require specialized knowledge, technical expertise, or focused attention. Examples include regulatory authorities, research institutions, and commissions for specific purposes.
- Operational Autonomy: While they operate within the framework of the law, non-constitutional bodies typically enjoy a certain degree of operational autonomy. This allows them to make decisions and execute functions independently, guided by their statutory mandate.
- Functional Autonomy: Non-constitutional bodies can perform various functions, such as regulatory oversight, policy formulation, research and analysis, implementation of schemes, and dispute resolution. Their activities contribute to efficient governance and service delivery.
- Accountability and Reporting: These bodies are accountable to the government, legislature, or higher authorities as prescribed by their enabling legislation. They often submit reports, recommendations, and performance assessments to ensure transparency and accountability.
2. NITI Aayog
The National Institution for Transforming India, commonly known as NITI Aayog, is a premier policy think tank established by the Government of India in 2015. NITI Aayog replaces the erstwhile Planning Commission and signifies a paradigm shift in India's approach to policy formulation and development planning. It serves as a dynamic platform to envision, strategize, and implement transformative policies that propel India's socio-economic progress.
Importance of NITI Aayog:
NITI Aayog holds a pivotal role in shaping India's developmental agenda and driving innovation in governance:
- Strategic Think Tank: NITI Aayog acts as a think tank, offering evidence-based policy insights, forward-looking recommendations, and data-driven analysis to guide informed decision-making at both central and state levels.
- Collaborative Approach: It fosters cooperative federalism by promoting collaboration between the central and state governments, ensuring policy coherence and efficient resource allocation.
- Flexibility and Innovation: NITI Aayog's approach emphasizes flexibility, allowing for innovative policy experiments and adaptive solutions to address dynamic challenges in India's development landscape.
Composition:
NITI Aayog's composition reflects its inclusive and diverse approach, ensuring representation from various sectors and perspectives:
- Governing Council: Chaired by the Prime Minister, it includes Chief Ministers of all states and Union Territories (UTs) with legislatures, along with Lieutenant Governors or Administrators of UTs without legislatures.
- Full-Time Members: NITI Aayog consists of full-time members who bring expertise in diverse fields, contributing to the think tank's multidimensional approach.
- Part-Time Members: Eminent experts, scholars, practitioners, and professionals from various sectors are appointed as part-time members, enriching the policymaking process with their insights.
Objectives of NITI Aayog:
NITI Aayog has a multi-faceted mandate aimed at promoting inclusive and sustainable development:
- Policy Formulation: NITI Aayog formulates and recommends national policies and strategies to achieve sustainable economic growth, social equity, and environmental sustainability.
- Cooperative Federalism: It fosters cooperative federalism by providing a platform for states to collaborate, share best practices, and jointly address developmental challenges.
- Strategic Planning: NITI Aayog devises long-term and short-term plans for various sectors, aligning them with India's development goals and global trends.
- Innovation and Research: It encourages innovation and research in policy formulation, guiding sectors like education, healthcare, agriculture, and technology towards transformative changes.
- Monitoring and Evaluation: NITI Aayog monitors and evaluates the progress of policies, programs, and projects, ensuring accountability and effective implementation.
- Capacity Building: The think tank supports capacity building and skill development initiatives, enhancing human capital and employability across diverse sectors.
3. National Human Rights Commission (NHRC)
The National Human Rights Commission (NHRC) is a statutory body established by the Government of India under the Protection of Human Rights Act, 1993. It serves as a watchdog for the protection and promotion of human rights, ensuring that every individual's inherent dignity is respected and upheld.
Composition:
The NHRC is composed of members from diverse backgrounds, chosen for their commitment to human rights and public service:
- Chairperson: The NHRC is headed by a Chairperson, often a retired Chief Justice of India. This position carries significant authority in overseeing the commission's functioning.
- Members: The NHRC includes several members, each bringing expertise in various fields such as law, human rights, social service, and administration.
Functions of NHRC:
The NHRC is entrusted with a range of functions aimed at safeguarding human rights and ensuring justice:
- Investigation: The NHRC can undertake independent investigations into human rights violations, either suo motu or upon receiving complaints.
- Recommendations: The commission can recommend appropriate measures to government authorities to prevent human rights violations, provide relief to victims, and improve policies and laws.
- Awareness and Advocacy: NHRC engages in creating awareness about human rights, conducting research, and promoting human rights education among various sections of society.
- Intervention: NHRC can intervene in court proceedings related to human rights violations, representing victims' interests and ensuring justice.
Powers of NHRC:
The NHRC wields significant powers to fulfill its mandate and protect human rights:
- Investigative Powers: NHRC has the authority to summon witnesses, examine documents, and conduct on-site inspections during its investigations.
- Recommendatory Powers: The commission can recommend compensation, disciplinary actions against violators, and improvements in laws, policies, and practices.
- Enforcement: While NHRC's recommendations are not legally binding, they hold persuasive value and often influence government actions and court proceedings.
Limitations of NHRC:
While NHRC plays a crucial role in safeguarding human rights, it does face certain limitations:
- Recommendatory Nature: The commission's recommendations are not legally binding, limiting its direct enforcement power.
- Limited Reach: NHRC's jurisdiction extends only to matters within the ambit of human rights violations; broader systemic issues might not fall under its purview.
- Resource Constraints: Adequate resources and infrastructure are necessary to conduct thorough investigations and ensure effective functioning.
- Government Cooperation: NHRC's effectiveness depends on the cooperation of government agencies in implementing its recommendations.
- Awareness and Accessibility: Many individuals might be unaware of NHRC's existence or how to approach it with complaints, limiting its reach among vulnerable populations.
4. State Human Rights Commission (SHRC)
The State Human Rights Commission (SHRC) is a vital institution established to promote and protect human rights at the state level. Inspired by the principles of justice, equality, and dignity, SHRCs play a crucial role in addressing human rights violations and fostering a culture of accountability within their respective states.
Composition:
- Chairperson: The SHRC is headed by a retired Chief Justice of a High Court or a Judge of a High Court with a minimum of seven years of experience.
- Members: The commission includes members with expertise in various fields, such as law, social work, public administration, and human rights advocacy.
- Term: The chairperson and members typically serve fixed terms, ensuring continuity and independence in their functions.
Powers and Functions:
Investigation and Inquiry:
- SHRCs have the authority to investigate complaints of human rights violations, either suo motu or upon receiving a petition.
- They can summon witnesses, examine evidence, and access relevant documents during the course of investigations.
Recommendations and Interventions:
- Based on their findings, SHRCs can issue recommendations to public authorities, including government departments, police, and other agencies, to take appropriate actions to address human rights violations.
- They can also intervene in ongoing legal proceedings, providing insights on human rights perspectives.
Public Awareness and Education:
- SHRCs contribute to public awareness by organizing seminars, workshops, and campaigns to educate people about their rights and responsibilities.
- They promote human rights education in schools, colleges, and communities.
Monitoring and Reporting:
- SHRCs monitor government institutions and agencies to ensure compliance with human rights standards and regulations.
- They submit annual and special reports to the state government, highlighting human rights issues and suggesting remedies.
Recommendations for Legal Reforms:
SHRCs can suggest legal reforms and amendments to existing laws to better protect and promote human rights.
Emergency Response and Crisis Management:
- During emergencies, SHRCs can swiftly intervene to safeguard human rights, especially those of vulnerable groups.
- They can ensure that the rights of individuals affected by natural disasters, conflicts, or other crises are upheld.
Removal
- The Chairperson and members may be dismissed by the President of India for proven misbehavior or incapacity if a Supreme Court inquiry finds him guilty.
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They may also be removed for the unsound mind, infirmity of mind or body, sentenced to jail for a felony or holding paid jobs.
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They can also resign by writing to the Governor.
Working Procedure
- The commission is consigned with the power to regulate its own procedure.
- It has all the authorities of a civil court and its proceedings have a judicial character.
- It might call for information or report from the state government or any other subordinate authority.
- It has the authority to require any person subject to any privilege which may be claimed under any law for the time being in force, to furnish information on points or matters useful for, or relevant to the subject matter of inquiry. The commission could look into a matter within one year of its occurrence.
5. Central Information Commission (CIC)
The Central Information Commission (CIC) is a key institution established under the Right to Information Act, 2005 (RTI Act) in India. With the primary objective of promoting transparency, accountability, and the right to access information held by public authorities, the CIC plays a vital role in empowering citizens and upholding democratic principles.
Composition:
- Chief Information Commissioner (CIC): The CIC is the head of the commission and is assisted by several Information Commissioners. The CIC is a person of eminence in public life with experience in law, science, or social science.
- Information Commissioners (ICs): The CIC is supported by Information Commissioners, each of whom possesses diverse expertise. These commissioners work collectively to handle the commission's functions.
Powers and Functions:
Adjudicating RTI Appeals and Complaints:
- The CIC is the final appellate authority for hearing appeals and complaints against decisions made by public information officers (PIOs) or first appellate authorities (FAAs) of various government departments and agencies.
- It ensures that citizens' right to information is upheld by reviewing cases and making appropriate rulings.
Ensuring Transparency:
- The CIC monitors the implementation of the RTI Act and ensures that public authorities adhere to their obligations under the Act.
- It encourages proactive disclosure of information by public authorities to reduce the need for citizens to file RTI applications.
Promoting Accountability:
- By enforcing the disclosure of information related to government decisions, policies, and actions, the CIC contributes to greater accountability in governance.
- It investigates cases of non-compliance with RTI requests and recommends actions to ensure compliance.
Facilitating Information Dissemination:
- The CIC aids in the dissemination of information to the public by providing guidance on how to access government records and encouraging citizens to exercise their right to information.
Appellate Authority for Non-Governmental Organizations (NGOs):
- The CIC functions as an appellate authority for complaints made against NGOs that are substantially financed by the government, ensuring transparency and accountability in the voluntary sector.
Awareness and Advocacy:
- The CIC conducts workshops, seminars, and training programs to enhance awareness about the RTI Act and its provisions.
- It advocates for the importance of transparency and the public's right to access information.
Removal:
- Removal is done by President of India on grounds of bankruptcy, unsound mind, infirmity of body or mind, sentenced to imprisonment for a crime, or engages in paid employment.
- If a Supreme Court investigation considers him guilty of misbehavior or incapacity, he may be dismissed. They have the option to resign in writing to the President.
6. Central Vigilance Commission (CVC)
The Central Vigilance Commission (CVC) is an apex governmental institution in India responsible for promoting integrity, transparency, and accountability in the functioning of the public sector. Established in 1964, the CVC operates as an autonomous body that monitors and prevents corruption within the various branches of the government.
Composition:
- Chief Vigilance Commissioner (CVC): The head of the CVC, the Chief Vigilance Commissioner, is appointed by the President of India. This individual holds a prominent position in maintaining vigilance and probity in public administration.
- Vigilance Commissioners: The CVC is supported by Vigilance Commissioners, who assist in overseeing and implementing anti-corruption measures. Their collective expertise contributes to the effective functioning of the commission.
Powers and Functions:
Advisory Role:
The CVC offers advice and recommendations to government agencies on policies, procedures, and measures aimed at preventing corruption and enhancing transparency.
Monitoring Corruption Cases:
The CVC monitors corruption cases and investigates complaints related to corruption, bribery, and other unethical practices within government organizations.
Supervision of Anti-Corruption Measures:
The commission oversees the vigilance units of various government departments and public sector undertakings, ensuring that they implement effective anti-corruption measures.
Whistleblower Protection:
The CVC plays a crucial role in protecting whistleblowers who expose corruption and malpractices. It ensures that those who report wrongdoing are shielded from harassment or victimization.
Preventing Corruption:
The CVC provides guidance to organizations to develop mechanisms that prevent corruption at all levels. It offers recommendations for systemic improvements to minimize opportunities for corruption.
Educational Initiatives:
The commission conducts training and awareness programs to educate government officials and the public about the detrimental effects of corruption and the importance of ethical behavior.
Removal
- Removal is done by the President on the basis of bankruptcy, unsound mind, infirmity of body or mind, sentenced to detention for a crime, or engaging in paid employment, or having obtained financial or other interest that might affect his judgment.
- He could also be removed for proved misbehavior or incapacity if a Supreme Court inquiry finds him guilty.
- They could resign by writing to the President.
7. Central Bureau of Investigation (CBI)
- The Central Bureau of Investigation (CBI) was instituted in 1963 by a resolution of the Ministry of Home Affairs.
- Later, it was relocated to the Ministry of Personnel and now it enjoys the status of an attached office.
- It works under the administrative control of the Department of Personnel and Training (DoPT) of the Ministry of Personnel.
- The CBI is the main investigating group of the Central Government.
- It plays an important role in the prevention of corruption and maintaining integrity in administration. It also offers assistance to the Central Vigilance Commission and Lokpal.
Composition:
- Director: The head of the CBI is the Director, who is selected by a committee comprising the Prime Minister, the Chief Justice of India, and the Leader of the Opposition (if applicable).
- Officers: The CBI is staffed by a mix of officers from various departments, including the Indian Police Service (IPS), as well as officers on deputation from other law enforcement agencies.
Functions:
- Criminal Investigations: The CBI conducts investigations into complex and serious criminal cases. It is empowered to take over investigations from state police agencies, as well as investigate cases referred by courts, government departments, and public requests.
- Corruption Cases: One of the significant functions of the CBI is to investigate cases of corruption and economic offenses involving public servants, politicians, and private individuals. It ensures that cases of graft and abuse of power are impartially examined.
- Economic Offenses: The CBI handles cases related to financial fraud, embezzlement, money laundering, and other economic offenses that have a substantial impact on the country's economy.
- Special Crimes: The CBI investigates special crimes of national and international significance, such as terrorism, organized crime, cybercrime, and cases that pose a threat to national security.
- High-Profile Cases: The CBI handles cases that attract significant public attention or involve prominent individuals, ensuring that investigations are conducted fairly and transparently.
- International Cooperation: The CBI collaborates with international law enforcement agencies to investigate transnational crimes, exchange information, and facilitate extradition proceedings.
- Court Proceedings: The CBI presents its findings and evidence in courts, assisting the judicial process by providing accurate and comprehensive investigative reports.
- Anti-Corruption Activities: The CBI provides advice to government departments and organizations on measures to prevent corruption, improve governance, and enhance transparency.
Structure of CBI
The amended Delhi Special Police Establishment Act authorizes a committee to appoint the director of CBI. The committee includes the following people:
1. Prime Minister (Chairperson)
2. Leader of Opposition in Lok Sabha
3. Chief Justice of India (CJI) or a Supreme Court Judge nominated by the Chief Justice.
1. Prime Minister (Chairperson)
2. Leader of Opposition in Lok Sabha
3. Chief Justice of India (CJI) or a Supreme Court Judge nominated by the Chief Justice.
CBI Vs. State Police
Primarily, state police are responsible to uphold law and order in the state. CBI may investigate:
- Cases which are fundamentally against the central government employees or regarding affairs of the Central government.
- Cases in which the fiscal interests of the central government are involved.
- Cases relating to breach of central laws with the enforcement of which the government of India is mainly concerned.
- Big cases of fraud, cheating, embezzlement, and like other cases when committed by organized gangs or professional criminals having ramifications in several States.
- Cases having interstate and international outcomes and involving several official agencies where it is considered necessary that a single investigating agency should be in charge of the investigation.
8. Lokpal
The Lokpal is an ombudsman institution established to address grievances related to corruption and misconduct by public officials and to ensure accountability and transparency in government functioning. The idea of a Lokpal was first proposed by the Administrative Reforms Commission in 1966. After decades of discussion, the Lokpal and Lokayukta Act was finally passed in 2013.
Composition:
- Chairperson: The Lokpal consists of a Chairperson, who is a retired Chief Justice or a judge of the Supreme Court.
- Members: The Lokpal has other judicial and non-judicial members with experience in law, public administration, and anti-corruption matters.
- Jurisdiction: The Lokpal covers central government employees, including the Prime Minister, ministers, members of Parliament, and Group A officers.
Functions:
- Investigations and Prosecutions: The Lokpal is empowered to investigate allegations of corruption, abuse of power, or maladministration by public officials. It can initiate prosecutions if wrongdoing is found.
- Complaints Handling: Citizens can file complaints against public officials for corruption or misconduct. The Lokpal ensures that these complaints are thoroughly examined and addressed.
- Prevention and Awareness: The Lokpal suggests measures to prevent corruption, promote ethical conduct and enhance transparency in government processes.
- Fast-Track Cases: The Lokpal has the authority to fast-track cases of corruption and ensure timely and efficient resolution.
Lokpal and Lokayukta Amendment Act, 2013
- The Bill amends the Lokpal and Lokayuktas Act, 2013 in link to the pronouncement of assets and liabilities by public servants.
- The Lokpal Act necessitates a public servant to declare his assets and liabilities and that of his spouse and dependent children. Such declarations should be made to the competent authority within 30 days of entering the office.
- The Bill reinstates these provisions to state that a public servant would be needed to declare his assets and liabilities. However, the form and manner of making such a declaration will be recommended by the central government.
9. Lokayukta
The Lokayukta is a similar institution at the state level, established to address corruption and ensure accountability in state government and local administration. The concept of Lokayukta was first introduced in the state of Maharashtra in 1971, and several other states followed suit by enacting their own Lokayukta Acts.
Composition:
Lokayukta: The Lokayukta is typically headed by a retired judge of a High Court or a person with judicial experience.
Functions:
- Complaints Handling: Similar to the Lokpal, the Lokayukta receives and investigates complaints of corruption, misconduct, or abuse of power by public officials at the state level.
- Promoting Accountability: The Lokayukta ensures transparency and accountability in state government and local administration by investigating allegations of corruption and recommending action.
- Recommendations: The Lokayukta recommends corrective actions, penalties, or prosecutions based on its findings.
10. National Investigation Agency (NIA)
- The National Investigation Agency was composed under the conditions of the National Investigation Agency Act, 2008 (NIA Act) in the year 2009.
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It was instituted after the 2008 Mumbai terror attacks, popularly known as the attacks of 26/11. This attack was an eye-opener for the government to have a special and separate agency to deal with crimes related to terrorism.
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NIA works as a central counter-terrorism law enforcement organization in the country.
It is a central agency to investigate and prosecutes offences: -
Affecting the sovereignty, security, and integrity of India, the security of the State, and friendly relations with foreign States.
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Against atomic and nuclear facilities.
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Smuggling in High-Quality Counterfeit Indian Currency.
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It implements international treaties, agreements, conventions, and resolutions of the United Nations, its agencies, and other international organizations.
Composition
- The Director-General (DG) is the head of the National Investigation Agency. He is appointed by the central government.
- His powers are comparable to the powers implemented by a Director-General of Police in respect of the police force in a state.
- NIA also has a separate cell popularly known as the TFFC cell which deals with the subject of fake currency notes and issues of terror funding.
- The National Investigation Agency works under the authority of the Ministry of Home Affairs, Government of India.
- The state government prescribes all assistance and cooperation to the NIA for the investigation of the offences specified under the NIA Act.
Functions of NIA
Counter-Terrorism Operations:
- The primary function of the NIA is to investigate and combat acts of terrorism, including attacks, conspiracies, and related activities that pose a threat to national security.
- It handles cases involving cross-border terrorism, radicalization, and funding of terrorist activities.
Investigations of Special Crimes:
- Apart from terrorism, the NIA investigates cases related to the unlawful activities of insurgent groups, organizations engaged in anti-national activities, and cases with inter-state or international ramifications.
Handling Complex Cases:
- The NIA is entrusted with handling complex and sensitive cases that often involve multiple agencies, jurisdictions, and states.
- It takes over investigations from state law enforcement agencies under certain conditions, ensuring efficient and coordinated efforts.
Coordination and Information Sharing:
- The agency facilitates coordination and information sharing among various law enforcement agencies, intelligence organizations, and state police forces in counter-terrorism and national security matters.
Collection of Evidence:
- The NIA collects, collates, and analyzes evidence related to terror-related activities, including financial transactions, communications, and other forms of evidence to build a strong case.
Arrests and Prosecutions:
- The NIA is empowered to arrest and prosecute individuals involved in acts of terrorism and other crimes under its purview.
NIA (Amendment) Act, 2019
The various features or provisions of the amendment are as follows:
- It applied the provisions of the NIA Act also to persons who commit a scheduled offence beyond India against Indian citizens or affecting the interest of India.
- It provided that the officers of the NIA might have similar powers, duties, privies, and liabilities being exercised by the police officers in connection with the investigation of crimes, not only in India but also outside India.
- It empowered the central government, with respect to scheduled offenses committed outside India, to direct the NIA to register the case and take up the investigation as if such an offence has taken place in India.
- It provided that the central government and the state governments may designate Sessions Courts as Special Courts for conducting the trial of offences under the NIA Act.
It introduced certain new offences in the Schedule of the NIA Act:
a. Human trafficking
b. Offences related to counterfeit currency or banknotes
c. Manufacture or sale of prohibited arms
d. Cyber-terrorism and
e. Offences under the Explosive Substances Act, 1908
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Previous year Questions
1. The National Human Rights Commission has : (UPSC 2015)
1. A chairperson who has been a Chief justice of the Supreme Court or a High Court of India.
2. one Member who is or has been a Judge of the Supreme Court
3. one Member who is, or has been the Chief Justice of a High Court
4. two Members to be appointed from amongst persons having knowledge of or practical experience in matters relating to human rights
Select the correct answer using the code given below:
A. 1, 2, 3 and 4
B. 1, 2 and 3 only
C. 1 and 4 only
D. 2, 3 and 4 only
Answer: D
2. The Chairman and Members of the National Human Rights Commission are appointed on the recommendations of a committee consisting of: (MPSC 2014 Prelims)
a. Speaker of the Lok Sabha
b. Deputy Chairman of the Rajya Sabha
c. Leader of the Opposition in the Lok Sabha
d. Leader of the Opposition in the Rajya Sabha
e. Prime Minister
f. Union Home Minister
Select the correct answer from the codes given below:
A. a, c, e and f
B. a, c, and e
C. a, c d, and e
D. a, b, c, d, e and f
Answer: d
3. The Central Vigilance Commission was established on the recommendation of which one of the following Committees? (UPSC NDA 2018)
A. Santhanam Committee
B. Dinesh Goswami Committee
C. Tarkunde Committee
D. Narasimham Committee
Answer: A
4. The office of Lokpal and Lokayukta in India resembles which of the following? (MPSC 2013 Prelims)
A. Parliamentary Commissioner of India
B. Ombudsman in Scandinavia
C. Prosecutor General of Russia
D. Council of State in France
Answer: B
5. Central Bureau of Intelligence and Investigation" is listed in the __________ list given in the Seventh Schedule of the Constitution of India. (SSC CGL 2017)
A. Union
B. State
C. Global
D. Concurrent
Answer: A
Previous year Mains Questions
1. Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analyzing their structural and practical limitations, suggest remedial measures. (UPSC 2021)
2. ‘A national Lokpal, however strong it may be, cannot resolve the problems of immorality in public affairs’. Discuss. (UPSC 2013)
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