Constitutional bodies possess a unique status as they are established and endowed with functions and powers directly by the Constitution itself. On the other hand, a non-constitutional body refers to an organization or institution not explicitly mentioned in the Constitution of India, unlike a Constitutional body.
Constitutional Bodies:
- These are entities explicitly named in various articles of the Indian Constitution, obtaining their powers directly from the Constitution. Changing the powers of these bodies requires a Constitutional Amendment. One such significant Constitutional body is the Comptroller and Auditor-General (CAG).
Comptroller and Auditor-General (CAG):
- The CAG, a pivotal official of the Union Government, has his office established by the Constitution, and he is appointed by the President. Recognized by B.R. Ambedkar as the guardian of the public purse, the CAG exercises control over the entire financial system at both the central and State levels.
- The CAG’s role is primarily in the audit stage, post the expenditure occurrence, earning him the title “Eyes and Ears of the Public Accounts Committee.“ Articles 148 to 151 of the Constitution of India delineate the office of the CAG, and he holds office for a term of six years or until the age of 65, whichever comes earlier.
Qualifications:
- The Constitution does not specify explicit qualifications for the office of the CAG.
- However, since 1978, IAS officers have been appointed to this role. An individual with expertise in finance, accounts, and audit is typically chosen to serve as the CAG.
- Misuse of government funds by civil servants remains a concern. In India, the Comptroller and Auditor-General (CAG) holds a unique position, being neither a part of the executive nor the legislature. Drawing inspiration from the United Kingdom, it is imperative to integrate the CAG into the Parliament. This integration aligns with the executive’s accountability to the legislature.
Oath and Affirmation:
- Before assuming office, the appointed Comptroller and Auditor-General of India takes an oath or affirmation.
- This commitment includes upholding the sovereignty and integrity of India, faithfully performing duties with the best abilities and judgment, conducting duties without bias, and adhering to the Constitution and laws.
Independence of CAG:
- Article 148 provides the CAG with security of tenure. Removal follows a specific constitutional procedure by the President, ensuring independence.
- The CAG does not serve at the pleasure of the President and is ineligible for further office after tenure. The Consolidated Fund of India bears the CAG’s salary and office maintenance expenses.
- His service conditions remain unchanged to his disadvantage during his tenure, and he exercises complete control over administrative staff. Notably, no minister can represent the CAG in Parliament, and no minister bears responsibility for the CAG’s actions.
Duties and Responsibilities:
- Article 149, complemented by the CAG’s Duties, Powers, and Conditions of Service Act, 1971, outlines the following duties:
- Audit of receipts and expenditures of Consolidated Funds of the Union, States, and Union Territories with Legislative Assemblies.
- Audit of the Contingency Fund of India and public accounts of India.
- Audit of transactions related to authorities, developmental bodies, and welfare boards substantially funded by the government.
- Examination of accounts of bodies receiving government loans and grants.
- Audit of stocks and shares of government organizations and corporations.
- Submission of audit reports on Centre and States’ accounts to the President and Governor, respectively.
- Article 150 empowers the CAG to advise the President on the form of accounts for the Centre and States.
- Under the Sixth Schedule, the CAG prescribes the form of accounts for District Councils or Regional Councils. The accounts of these bodies are audited as deemed appropriate by the CAG, with reports submitted to the Governor.
- Regulatory agencies, such as TRAI, PPPs, Panchayats, and Municipalities, are subject to audit by the CAG.
- The CAG submits three audit reports to the President:
- Audit Report on Appropriation Accounts.
- Audit Report on Finance Accounts.
- Audit Report on Public Undertakings.
- The Accounts Committee thoroughly examines them and presents its findings to the Parliament.
Removal:
- The Comptroller and Auditor-General (CAG) retains the flexibility to resign at any time by submitting a resignation letter to the President. Removal follows the same grounds as for a Judge of the Supreme Court.
- The President can remove the CAG after an address by each House of Parliament, supported by a majority of the total membership and not less than a two-thirds majority of the members present and voting. Removal grounds include proven misbehavior or incapacity.
Nature of Audit:
- The CAG’s audits can be categorized as follows:
- Regulatory Audit: Ensures that incurred expenditures align with laws and regulations governing the use of public funds.
- Propriety Audit: Verifies that rules and procedures are followed in revenue assessment, collection, and allocation, preventing any legal revenue leakage.
- Performance Audit: Evaluates whether government programs achieve desired objectives at the lowest cost, delivering intended benefits.
- Local Bodies Audit: Since 1992, the CAG has been tasked with auditing local bodies.
Articles Related to CAG:
- Article 148: Comptroller and Auditor-General of India.
- Article 149: Duties and Powers of the Comptroller and Auditor-General.
- Article 150: Types of Accounts of the Union and of the States.
- Article 151: Audit Reports.
Public Service Commission (Union and State):
- The Indian Constitution establishes independent Public Service Commissions for Union and States, tasked with making recruitments and advising the government on service-related matters. Articles 315 to 323 in Part XIV outline the provisions related to Public Service Commissions.
- According to Article 315, there shall be a Public Service Commission for the Union and each State.
- In case two or more states pass a resolution, Parliament can, by law, establish a Joint State Public Service Commission to serve the needs of those states.
Finance Commission:
- Constituted by the President under Article 280 of the Constitution, the Finance Commission is a quasi-judicial body primarily offering recommendations on the distribution of tax revenues between the Centre and States and among the States themselves.
- The commission’s work encompasses two distinct features:
- Resource Allocation: Recommending the allocation of resources to municipalities within the state based on the Finance Commission’s state-level recommendations.
- Redressing Vertical Imbalances: Addressing imbalances between the taxation powers and expenditure responsibilities of the Centre and the States, ensuring equalization of public services across the states.
- The President determines the qualifications and tenure for the appointment of commission members, constituted every fifth year or as required.
Composition and Qualification:
- Parliament establishes qualifications for commission members and defines the selection process.
- The Chairman, chosen from those with experience in public affairs, is joined by four members, selected based on qualifications such as eligibility for High Court Judgeship, expertise in government finances, financial administration experience, and knowledge of economics.
Roles and Responsibilities (Article 275):
- The commission addresses various matters, including:
- Distribution of net proceeds of taxes between the Centre and States.
- Principles governing grants-in-aid to states from the Consolidated Fund of India.
- Measures to augment the Consolidated Fund of a State for Panchayat resource supplementation.
- Any other finance-related matters referred by the President.
15th Finance Commission:
- Appointed in November 2017, the 15th Finance Commission, chaired by NK Singh, suggests recommendations for the 2021-2022 to 2025-2026 period. Notable recommendations include:
- Vertical Devolution at 41%, consistent with the interim report for 2020-2021.
- Horizontal Devolution with weightage to demographic performance, income, population, area, forest and ecology, and tax and fiscal efforts.
- Revenue Deficit Grants to meet state fiscal needs.
- Performance-based incentives and grants in social sectors, rural economy, governance reforms, and the power sector.
Goods and Services Tax (GST) Council:
- The Constitution (101st Amendment) Act, 2016 facilitated GST in India, introducing Article 279(A). Empowered by this article, the President constituted the GST Council in 2016.
Composition of GST Council:
- The GST Council is comprised of the following members:
- Union Finance Minister as Chairperson.
- Union Minister of State in charge of revenue or finance as a member.
- Minister in charge of revenue, finance, or any other minister nominated by the State Government as member.
- The Chairperson of the Central Board of Excise and Customs is a permanent invitee (non-voting) to all Council proceedings.
- Decisions within the Council are made by a majority of not less than three-fourths of weighted votes cast by the members present and voting. The Central Government’s vote carries one-third of weightage, while State Governments collectively hold two-thirds of all votes cast.
Functions of GST Council:
- As per Article 279, the GST Council is responsible for making recommendations to the Union and the States on crucial GST-related issues. This includes decisions on goods and services subject to or exempted from GST and determining various GST rate slabs.
Attorney-General of India:
- As outlined in Article 76 of the Constitution, the Attorney-General of India serves as the highest law officer in the country. The key aspects of this position include:
Qualification:
- The Attorney-General must be a person qualified to be appointed as a Judge of the Supreme Court, having served as a Judge of a High Court for five years or practiced as an Advocate in a High Court for ten years, or be an eminent jurist according to the President’s opinion.
Appointment:
- The President appoints the Attorney-General of India, relying on the advice of the Union Cabinet.
Term of Office and Removal:
- The Constitution does not specify a fixed term for the Attorney-General.
- The individual holds office at the pleasure of the President, with no defined removal procedure. The Attorney-General may resign by resigning from the President.
Duties and Functions:
- The attorney general’s duties include:
- Providing legal advice to the Government referred by the President.
- Performing other legal duties assigned by the President.
- Discharging functions conferred by the Constitution or other laws.
- Representing the Government in cases in the Supreme Court and High Courts.
Rights and Privileges:
- Under Article 76(3), the Attorney-General has the right of audience in all courts in the territory of India.
- Additionally, the Attorney-General has the right to speak and participate in parliamentary proceedings, though without the right to vote.
- The Attorney-General enjoys the privileges and immunities available to a Member of Parliament.
Solicitor General:
- The Solicitor General of India, the second-highest law officer in the country, assists the Attorney General. Appointed by the government for three years, the Solicitor General’s role is confined to court appearances on behalf of the Union of India.
Advocate General:
- Under Article 165 of the Indian Constitution, the Advocate General considered the highest Law Officer of the State, is appointed with the following qualifications:
- Must be an Indian citizen.
- Must have held a judicial office or been an Advocate of a High Court for ten years.
Term of Office:
- The Advocate General serves at the pleasure of the Governor of the State and may be removed or resigned at any time. The remuneration is determined by the Governor.
Functions:
- Appointed by the Governor to advise the State Government on legal matters, the Advocate General can participate in State Legislature proceedings without voting rights.
- They defend the State Government in the High Court and Supreme Court.
Rights and Privileges:
- Enjoying the right of the audience in state courts, the Advocate General can engage in private legal practice.
- They have the Right to Speak and participate in State Legislature proceedings without voting rights.
- Privileges and immunities similar to those of a Member of the State Legislature are granted.
Other Constitutional Bodies:
National Commission for Backward Classes (1993): Investigates and monitors matters related to safeguards for socially and educationally Backward Classes under Article 338 (B).
National Commission for Scheduled Castes (2004): Provides safeguards against the exploitation of Scheduled Castes under Article 338.
National Commission for Scheduled Tribes (2004): Provides safeguards against the exploitation of Scheduled Tribes under Article 338 (A).
Special Officer for Linguistic Minorities (2004): Submits reports on Linguistic Minorities to the President under Article 350 (B).
Non-Constitutional Bodies:
- Non-constitutional bodies are those bodies created either by an Act of Parliament or executive and are not mentioned in the Constitution and are ordered.
NITI Aayog:
- Established on January 1, 2015, replacing the Planning Commission, NITI Aayog operates under the Prime Minister’s leadership, focusing on planning and policy matters.
- NITI Aayog, short for “National Institution for Transforming India,” aims to provide important and directional input into the development process, emphasizing cooperative federalism.
- As the premier policy Think Tank of the Government of India, it contributes both directional and policy inputs, developing long-term strategic plans and offering significant technical guidance to the Centre and States.
- NITI Aayog houses two principal offices, namely Atal Innovation Mission (AIM) and Development Monitoring and Evaluation Organisation (DMEO), along with an autonomous institution called National Institute of Labour Economics Research and Development (NILERD).
Composition of NITI Aayog:
- Chairperson: Prime Minister of India.
- Vice-Chairperson: Appointed by the Prime Minister.
- Governing Council: Comprising Chief Ministers of all States and Lieutenant Governors of Union Territories.
- Regional Councils: Formed to address specific multi-state or regional issues.
- Special Invitees: Experts, specialists, and practitioners with domain knowledge.
- Members: Full-time specialists with international exposure.
- Part-time Members: Maximum of two, from leading universities, research organizations, and relevant institutions on a rotational basis.
- Ex-Officio Members: Maximum of four members of the Union Council of Ministers nominated by the Prime Minister.
- Chief Executive Officer: Appointed by the Prime Minister for a fixed tenure, in the rank of Secretary to the Government of India.
- Secretariat: As deemed necessary.
Principles of NITI Aayog:
- Antodaya (Service to the Last): Prioritize service and upliftment of the poor, marginalized, and downtrodden.
- Sustainability: Maintain sustainability at the core of planning and development, drawing from ancient traditions.
- Inclusion: Empower vulnerable and marginalized sections, addressing identity-based inequalities.
- Village Integration: Incorporate villages into the development process.
- Demographic Dividend: Focus on the development and empowerment of India’s people, harnessing their potential through education and skilling.
- People’s Participation: Transform the developmental process into a people-driven one, with an awakened and participative citizenry driving good governance.
- Governance: Nurture an open, transparent, accountable, pro-active, and purposeful style of governance, transitioning focus from outlay to output to outcome.
National Development Council (NDC):
- Established in August 1952, the NDC approves Five Year Plans for the country.
- Comprising the Prime Minister, Union Cabinet Ministers, Chief Ministers of all states, Union Territories representatives, and NITI Aayog members, the NDC is guided by the Secretary of the NITI Aayog.
Difference between NITI Aayog and Planning Commission
| NITI Aayog | Planning Commission |
| NIT’s policy thinking is shaped by a bottom-up approach. | Planning Commission adopts a top-down planning model. |
| Does not have the authority to allocate funds; the Finance Ministry holds power. | Had authority to distribute funding to State Governments and Central Ministries. |
| State Governments are expected to play a more significant role. | States’ role is limited to the National Development Council and annual interaction during Plan meetings. |
| ‘Think-Tank’ without the power to impose policies. | Imposed policies on states and tied fund allocation to approved projects. |
Lokpal
- Administrative Reforms Commissions (ARCs) under Morarji Desai submitted a report recommending the creation of two special authorities: Lokayukta and Lokpal for redressing citizen grievances.
- In 2002, the commission reviewing the Constitution’s work, chaired by Shri MN Venkatachiliah, suggested excluding the Prime Minister from the authority’s purview.
- In 2005, the 2nd ARC chaired by Shri Veerappa Moily proposed the prompt establishment of the Lokpal office.
- In 2011, the well-known Anna Movement for Lokpal was launched.
- These organizations function as ombudsmen, tasked with investigating complaints against businesses or governmental agencies.
- The Lokpal provides a mechanism for swift and unbiased investigation and prosecution in cases of alleged corruption, with no limitations on who can file a complaint.
The Lokpal and Lokayuktas Act, 2013
- The Lokpal and Lokayuktas Act, 2013 mandates the investigation of corruption allegations against certain categories of public employees by a Lokpal at the national level and a Lokayuktas at the state level.
- Amendments introduced by the Lokpal and Lokayuktas Act, 2013 extend to the Commission of Inquiry Act 1952, Delhi Police Establishment Act, 1946, Prevention of Corruption Act, 1988, Code of Criminal Procedure 1973, and Central Vigilance Commission Act, 2003.
- The Lokpal and Lokayuktas Act, 2013 establishes the Lokpal, the first institution of its kind in independent India, to scrutinize corruption allegations against public officials within its purview.
- The Lokpal in India is dedicated to resolving citizen grievances and upholding aspirations for clean government.
- It wields its authority to promote the common good and eradicate corruption in public affairs.
- The Lokpal provides a platform for prompt and impartial investigation and prosecution in cases of alleged corruption, with no restrictions on who can file a complaint.
- India has signed the United Nations Convention against Corruption, showcasing the government’s commitment to clean and responsive governance through legislation and the establishment of the Lokpal body.
Selection Committee
- Members are appointed by the President based on the recommendation of a Selection Committee, which includes the Prime Minister as the Chairperson, the Speaker of Lok Sabha, the Leader of Opposition in Lok Sabha, Chief Justice of India or a nominated Judge, and one eminent Jurist.
- Selection Committee for Lokpal and Lokayuktas
- The Selection Committee forms a search panel with a minimum of eight persons, with 50% of the members being from SCs, STs, OBCs, minorities, and women.
Composition and Eligibility
- The Lokpal panel consists of a Chairperson and a maximum of eight members, with at least four being judicial members.
- Chairperson Eligibility: Must have served as Chief Justice of India, a Supreme Court Judge, or a distinguished individual with expertise in anti-corruption policy, public administration, vigilance, finance, law, or management for at least 25 years. The term is 5 years or until the age of 70.
- Judicial Member eligibility: Must have served as a Judge of the Supreme Court or as the Chief Justice of the High Court.
- Other Members eligibility: Eminent persons with a minimum of 25 years of knowledge in anti-corruption policy, public administration, vigilance, finance, law, or management. At least half of the members must be from Scheduled Castes, Scheduled Tribes, other backward classes, minorities, and women.
Key Provisions of the Lokpal and Lokayuktas (Amendment) Act, 2016
- Amendment to the Lokpal and Lokayukta Act, 2013.
- Modification of Section 44, which deals with the declaration of assets and liabilities by public servants. The time limit is replaced with a declaration in the prescribed form and manner.
Lokayuktas
- Lokayuktas must be established by states to address allegations against their authorities.
- All members of the State Government, including religious organizations, the Governor, Ministers, and MLAs, are under Lokayuktas’ purview.
- States are required to appoint a Lokayukta within a year of the Lokpal Act taking effect, but only 16 states have constituted Lokayuktas.
Composition and Eligibility
- The Chief Minister chooses a candidate for Lokayukta after consulting with the Chief Justice, Speaker, Chairman, and Leader of the Opposition.
- Appointment made by the Governor.
- Removal can only be done through an impeachment resolution.
Term of Office
- Appointed by the President for five years or until the age of 70.
Salary and Allowances
- Chairperson’s conditions are similar to the Chief Justice of India.
- Members’ conditions are similar to a Supreme Court Judge.
Functions and Jurisdiction of Lokpal and Lokayukta
- Lokpal investigates individuals who have been Prime Minister, a Minister in the Union Government, or a Member of Parliament, as well as officers in Groups A, B, C, and D of the Union Government.
- Investigations into the Prime Minister are conducted in secret, and if rejected, the documents remain confidential.
- Applies to Chairpersons, members, executives, and directors of boards, corporations, societies, trusts, or autonomous organizations created by an Act of Parliament and supported by the Union or State Governments.
- Also applies to societies, trusts, or bodies accepting foreign gifts exceeding 10 lakhs.
- Authority to recommend transfer or suspension of a public official accused of corruption.
- Authority to issue orders prohibiting record destruction during preliminary investigation.
- Powers of search and seizure, preliminary inquiries, investigations, asset attachment, and other anti-corruption measures.
- Authority to supervise and instruct any central investigating agency, including the CBI.
- Lokayuktas handle cases submitted to them by the Lokpal.
National Human Rights Commission (NHRC)
- Established in 1993 through the Protection of Human Rights Act, NHRC safeguards human rights.
- Focus on rights related to life, liberty, equality, and individual dignity guaranteed by the Constitution or international agreements applicable in Indian courts.
Composition
- Chairperson: Retired Chief Justice of India or a Supreme Court Judge.
- One member: Retired Judge of the Supreme Court.
- One member: Retired Chief Justice of a High Court.
- Three members, including at least one woman, with knowledge or experience in human rights matters.
- Seven ex-officio members: Chairpersons of National Commission for Minorities, National Commission for SCs, National Commission for STs, National Commission for Women, National Commission for OBCs, National Commission for Protection of Child Rights, and Chief
- Commissioner for Persons with Disabilities.
Appointment
- Appointed by the President based on committee recommendations, including the Prime Minister, Speaker of Lok Sabha, Home Minister, Leaders of the Opposition in Lok Sabha and Rajya Sabha, and Deputy Chairman of Rajya Sabha.
- Term: Three years or until the age of 70, eligible for reappointment.
Removal
- The president can remove the Chairperson or any member
- If he is adjudged an insolvent.
- If he is engaged in paid employment outside his duties.
- Unfit to continue due to infirmity of mind or body.
- If he is declared of unsound mind by a court.
- Convicted and sentenced to imprisonment.
- The president can also remove him on the grounds of proven misbehavior or incapacity.
- Salaries, allowances, and other conditions of defense of the Chairperson or a member are determined by the Central Government and cannot be varied to his disadvantage.
Protection of Human Rights ( Amendment) Act 2019
- Protection of Human Rights (Amendment) Act, 2019 allows a Judge of the Supreme Court, besides the Chief Justice of India, to be NHRC Chairperson. Similar changes apply to State Human Rights Commissions (SHRC), increasing members from 2 to 3 with the mandatory inclusion of one woman.
- The Act reduces the term of Chairperson and members to three years, with eligibility for reappointment.
- Includes Chairpersons of the National Commission for Backward Class, National Commission for the Protection of Child Rights, and Chief Commissioners for Persons with Disabilities as NHRC members.
- The Act empowers the Secretary-General to exercise administrative and financial powers, except judicial functions, subject to the Chairperson’s control.
Functions:
- Inquire into complaints or violations of human rights, abetment, or negligence in their prevention by public servants.
- Intervene in proceedings involving human rights violations pending before a court.
- Visit jails or institutions under state control, study living conditions, and make recommendations.
- Review safeguards for human rights and recommend effective implementation measures.
- Spread human rights literacy through publications, media, and seminars.
- Regulate its affairs, having powers of a civil court with judicial proceedings.
- Review factors inhibiting human rights enjoyment and recommend remedial measures.
- Study and recommend effective implementation of international instruments on human rights.
- Undertake and promote research in human rights.
- Encourage efforts of non-governmental organizations and institutions in human rights.
Limitations:
- NHRC recommendations are not binding.
- Violations by private parties are not under NHRC jurisdiction.
- NHRC lacks power to penalize non-compliance with recommended orders.
- Limited jurisdiction over cases related to armed forces.
State Human Rights Commission (SHRC)
- The establishment of State Human Rights Commissions is mandated by the Protection of Human Rights Act of 1993, with 26 states having constituted these commissions through official gazette notifications.
- SHRC can inquire into human rights violations within subjects specified in the Concurrent List (List-III) and List (List-II) of the Seventh Constitutional Schedule.
- However, if NHRC is already addressing a rights violation, SHRC refrains from intervening.
Composition:
- SHRC comprises three members, including a Chairperson and two others.
- The Chairperson is a High Court Judge or a retired Chief Justice of a High Court, while members can be serving or retired High Court Judges or a District Judge.
Appointment:
- The Governor appoints the Chairperson, and members are selected based on committee recommendations led by the Chief Minister.
- The committee includes the Speaker of the Legislative Assembly, the State Home Minister, and the leader of the opposition in the Legislative Assembly.
Tenure:
- Chairperson and members serve for three years or until age 70, whichever is earlier.
Removal:
- While the Governor appoints SHRC members, removal authority rests with the President, applicable on grounds like bankruptcy, unsound mind, infirmity, imprisonment, or engagement in paid employment.
- Removal for proved misbehavior or incapacity requires a Supreme Court inquiry.
Functions:
- Ensure the prevention of human rights violations and honest performance of duties by government officials.
- Mediate pending legal proceedings related to human rights allegations.
- Inspect state-controlled jails, analyze living conditions, and make recommendations.
- Submit annual reports to the State Government, laid before the State Legislature.
- Devise steps for effective implementation of constitutional and legal provisions safeguarding human rights.
- Conduct research on human rights issues.
- Promote human rights literacy and raise awareness about protective measures.
- Encourage non-governmental organizations working in human rights.
Limitations:
- SHRC functions in a recommendatory capacity and cannot provide relief to victims.
- Violations by private parties are beyond its jurisdiction.
National Commission for Minorities (NCM)
- Established by the National Commission for Minorities Act, 1992, the NCM is a statutory body formed on May 17, 1993, recognizing six religious communities, namely Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis), and Jains, as minority communities.
National Commission for Women (NCW)
- Established in January 1992 under the National Commission for Women Act of 1990, the National Commission for Women functions with the following objectives:
- Review constitutional and legal safeguards for women.
- Recommend legislative measures for redressal of grievances.
- Advise the government on policy matters affecting women.
- The Ministry of Women and Child Development of the Government of India serves as the nodal ministry for the commission. The first commission, formed on January 31, 1992, had Jayanti Patnaik as its inaugural Chairperson.
Composition:
- A Chairperson nominated by the Central Government, dedicated to women’s causes.
- Five Members nominated by the Central Government, selected for their ability, integrity, and experience in law, legislation, trade unionism, health, education, or social welfare.
- At least one member each from the Scheduled Castes and Scheduled Tribes.
- A Member Secretary nominated by the Central Government, an officer of Civil Services.
- The Chairperson and members hold office for three years, with the option to relinquish at any time by addressing the Central Government.
Powers and Functions:
- Investigate and examine matters related to the safeguards for women under the Constitution and other laws.
- Recommend effective implementation of safeguards to improve women’s conditions.
- Periodically review existing provisions of the Constitution and other laws affecting women, proposing amendments.
- Take up cases of violation of women-related provisions with the appropriate authorities.
- Address complaints and take Suo Moto notice of matters concerning women’s rights, non-implementation of protective laws, and the pursuit of equality and development objectives.
- The commission has conducted surveys across States and UTs to assess the status of women and their empowerment.
- It has taken initiatives on issues such as child marriage, sponsored legal awareness programs, Parivarik Mahila Lok Adalats, and reviewed laws like the Dowry Prohibition Act, 1961, for greater efficacy.
- The commission, equipped with the powers of a Civil Court during investigations, has organized workshops, expert committees, and awareness campaigns against female foeticide and violence against women.
Challenges:
- Limited financial assistance.
- Members selected by the government, lacking the power to self-select.
- No legal authority, restricted to offering recommendations and producing reports.
National Commission for Protection of Child Rights
- Established in March 2007 under the Commissions for Protection of Child Rights (CPCR) Act of 2005.
Composition:
- The commission is comprised of a Chairperson and six members, with at least two being women.
- The Central Government appoints them based on eminence, ability, integrity, standing, and experience in the fields of education, child healthcare, welfare, child development, and laws relating to children.
Powers and Functions:
- The commission holds the power of a Civil Court during inquiries related to child rights.
- It is mandated to ensure that all laws, policies, programs, and administrative mechanisms align with the child rights perspective in the Constitution of India and the UN Convention on the Rights of the Child.
- The commission evaluates and assesses the safeguards for the protection of children’s rights in India under the current legal framework.
- It reports to the Central Government as necessary on the operation of laws regarding child rights.
- The commission studies factors hindering the enjoyment of children’s rights affected by various issues like terrorism, riots, natural calamities, communal violence, trafficking, HIV/AIDS, torture, exploitation, maltreatment, prostitution, and pornography.
- It suggests remedial measures and investigates complaints, taking Suo Moto action on matters related to child rights violations and deprivations.
- Additionally, it analyzes international agreements and treaties, examining current laws on children’s rights and protection and suggesting amendments when necessary.
National Commission for Persons with Disabilities:
- Established under the Persons with Disabilities Act of 1995, this statutory body operates under the Ministry of Social Justice and Empowerment.
Composition:
- The commission consists of 15 persons with eminence, ability, integrity, and concern for the community.
Powers and Functions:
- It evaluates and assesses safeguards for the protection of disabled persons’ rights in India under the current legal framework, reporting to the Central Government as necessary on the operation of laws concerning the rights of persons with disabilities.
- The commission aims to ensure inclusion and effective access to education, health, vocational training, and specialized rehabilitation services for children with disabilities.
- It also works towards creating a barrier-free environment, enabling people with disabilities to move about safely and freely within the built environment.
Central Vigilance Commission (CVC):
- Established in February 1964 on the recommendations of the Committee on Prevention of Corruption, the CVC advises and guides Central Government Agencies in the field of vigilance.
- The Supreme Court, in the Vineet Narain and others v/s Union of India case, directed the Central Government to confer statutory status on the CVC, making it responsible for effective supervision of the functioning of the Central Bureau of Investigation (CBI).
Composition:
- The CVC is a multi-member body comprising a Chairperson and two vigilance commissioner members.
- The President appoints the members as per the recommendation of a three-member committee consisting of the Prime Minister, the Union Minister of Home Affairs, and the leader of the opposition in the Lok Sabha.
Term of Office:
- The Central Vigilance Commissioner shall serve a term of four years from the date of assuming office or until reaching the age of 65, whichever comes earlier.
Removal:
- The President holds the authority to remove them if:
- They are declared insolvent.
- They are convicted of an offense involving moral turpitude.
- They engage in any paid employment outside the duties of their office.
- In the President’s opinion, they are unfit to continue in office due to infirmity of mind or body.
- The President can also remove them for proven misbehavior or incapacity, subject to a Supreme Court inquiry. If the court upholds the cause of removal and advises so, the President can proceed with the removal.
Salary and Allowances:
- The pay, benefits, and working conditions of the Central Vigilance Commissioner align with those of the Chairman of the UPSC, and the Vigilance Commissioner’s compensation is comparable to that of a UPSC member.
- These terms cannot be altered during their term of employment.
Powers and Functions:
- The Central Vigilance Commission (CVC) is empowered to inquire into offenses under the Prevention of Corruption Act, 1988, based on references from the Central Government. It also investigates complaints against Group A and Group B officers of the Central Government.
- The CVC oversees the progress of applications pending for prosecution sanctions, exercises superintendence over vigilance administration in various ministries and organizations, and orders investigations into cases involving officials of Central Government Departments/Companies/Organizations.
- The CVC does not function as an investigating agency but may utilize the CBI or Departmental Chief Vigilance Officers for investigations. It has the authority of a Civil Court during investigations and supervises the vigilance administrations of Central Government Ministries, Departments, and Organizations.
- The CVC, along with Vigilance Commissioners, plays a role in recommending the appointment of the Director of Enforcement, and the annual report on its performance is presented to the President, who, in turn, places it before each House of Parliament.
Limitations:
- The CVC operates as an advisory body, and Central Government Departments can choose to accept or reject its advice in corruption cases.
- The CVC cannot independently direct the CBI to initiate inquiries against officers of the rank of Joint Secretary and above; permission must be obtained from the concerned department.
Commissions Jurisdiction under the CVR Act
- The Central Vigilance Commission (CVC) is limited in its authority as it lacks the power to register criminal cases, focusing solely on vigilance or disciplinary matters.
- Additionally, the CVC faces resource constraints in handling the numerous complaints it receives.
- Under the CVC Act, the Commission’s jurisdiction covers members of the All India Service involved in Union affairs, Group A officers of the Central Government, officers of Scale V and above in Public Sector Banks, officers in Grade D and above in institutions like the Reserve Bank of India, NABARD, and SIDBI, senior personnel in General Insurance Companies, and executives on the board and officers of E-8 and above in Schedule ‘A’ and ‘B’ Public Sector Undertakings.
Central Bureau of Investigation (CBI):
- The Central Bureau of Investigation (CBI), established based on the recommendations of the Santhanam Committee on Prevention of Corruption, serves as India’s premier investigating police agency.
- Initially focused on government corruption and bribery, its jurisdiction expanded in 1965 to cover crimes involving multiple agencies, multi-state organized crime, and violations of central legislation enforced by the Government of India.
- Although not a statutory body, the CBI operates under the Delhi Special Police Establishment Act, 1946, and functions under the supervision of the Central Vigilance Commission.
- The CBI comprises seven divisions, including Anti-Corruption, Economic Offences, Special Crimes, Policy and Coordination, Administration, Directorate of Prosecution, and Central Forensic Science Laboratory.
Composition:
- A Director, typically an IPS officer holding the rank of Director General of Police, leads the CBI.
- The appointment committee, consisting of the Prime Minister, the leader of the opposition in the Lok Sabha, and the Chief Justice of India or a nominated Supreme Court member, selects the Director.
Functions:
- The CBI can initiate investigations in Union Territories without a specific complaint (Suo Moto).
- However, for investigations in states, the CBI requires the consent of the concerned State Government, unless directed by the Supreme Court or High Courts.
- The CBI can investigate cases under the Prevention of Corruption Act against public officials and employees of the Central Government, Public Sector Undertakings, Corporations, or Bodies owned or controlled by the Government of India, but its authority is subject to notification by the Central Government under the DSPE Act.
Central Information Commission
- The breach of fiscal and economic laws, such as export and import control, customs, central excise, income tax, and foreign exchange regulations, is examined by an independent body known as the Central Information Commission (CIC)
- Cases related to these matters are taken up either in consultation with or at the request of the concerned department.
- The CIC, established in 2005 under the Right to Information Act of 2005, addresses grievances and appeals concerning public sector organizations, financial institutions, and entities in the Union Territories.
- It is not a constitutional body but plays a vital role in investigating complaints from individuals unable to submit information requests to a Central Public Information Officer or a State Public Information Officer.
Composition:
- The CIC is led by the Chief Information Commissioner, assisted by not more than ten Information Commissioners.
- The Chief Information Commissioner holds office for five years, and the present commission comprises six members, excluding the Chief Information Commissioner.
Appointment:
- The President appoints Commissioners based on the advice of a committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and a Union Cabinet Minister chosen by the Prime Minister.
- Both the Chief Information Commissioner and an Information Commissioner hold office for a prescribed term or until they reach the age of 65, with no eligibility for reappointment.
Removal:
- The President can remove the Chief Information Commissioner or any Information Commissioner under various circumstances, including insolvency, conviction of an offense involving moral turpitude, engagement in paid employment outside official duties, unfitness due to infirmity of mind or body, or acquisition of financial or other interests likely to affect official functions.
- Additionally, removal can occur on grounds of proven misbehavior or incapacity, following an investigation referred to the Supreme Court.
Powers and Functions:
- The commission possesses summoning and document-requirement authority equivalent to a Civil Court during investigations. It can order investigations based on sufficient grounds (Suo Moto power).
- The annual report on the implementation of act provisions is submitted to the Central Government, and presented before each House of Parliament.
- During complaint inquiries, the commission can examine any record under the control of the public authority and recommend steps for compliance, including the appointment of a Public Information Officer where necessary.
Right to Information Act
- The Right to Information (RTI) Act grants individuals the right to seek and receive information and ideas on any issue through any media without boundaries
- Initially ratified in 1948 with the Universal Declaration of Human Rights, the RTI Act saw an amendment in 2005 to uphold the right to freedom of expression and communication of ideas, as established in the 1966 International Covenant on Civil and Political Rights.
- In India, a system was established to facilitate the exchange of information and ideas among citizens as a fundamental right. The Act empowers citizens to question the government’s functioning, promoting transparency and accountability.
Key Provisions of the Act:
- Section of the RTI Act mandates Suo Moto disclosure of information by every public authority.
- Section 8(1) outlines exemptions against furnishing information under the RTI Act.
- Section 8(2) allows for the disclosure of information exempted under the Official Secrets Act, 1923, if it serves a larger public interest.
Amendments of the RTI Act, 2005:
- Section 2(h) defines ‘Public Authorities,’ including organizations under the jurisdiction of Union, State, or Local bodies and civil organizations primarily funded by citizens’ funds.
- Section 4-1(b) requires the working government to have updated information available for sharing when needed.
- Section 6 provides a simple procedure for citizens to obtain information under the RTI Act.
- Section 7 specifies a time period for the government to provide information to citizens.
State Information Commission:
- The RTI Act allows for the creation of both the Central Commission and State Information Commissions at the state level.
- All states have constituted State Information Commissions through Official Gazette Notifications.
- The State Information Commission is a powerful independent authority that investigates complaints and decides on appeals involving businesses, financial institutions, and other public sector entities under the jurisdiction of the relevant State Government.
Composition:
- The commission comprises a State Chief Information Commissioner and up to ten State Information Commissioners appointed by the Governor based on the committee’s recommendation, including the Chief Minister, Leader of Opposition in the Legislative Assembly, and a State Cabinet Minister nominated by the Chief Minister.
Tenure and Removal:
- The State Chief Information Commissioner and State Information Commissioners hold office for five years or until they reach the age of 65, with no eligibility for reappointment.
- The Governor can remove them under similar grounds as the CIC.
- Their salary, allowances, and service conditions are prescribed by the Central Government and cannot be varied to their disadvantage during service (RTI Amendment, 2019).
Powers and Functions:
- During the investigation of a complaint, the commission has the authority to examine any record under the custody of the public authority, and no record can be withheld for any reason.
- The commission submits an annual report to the State Government on implementing the Act’s provisions, which is then presented to the State Legislature by the State Government.
- If there are reasonable grounds, the commission may order an investigation into any matter and has the jurisdiction to compel the public authority to follow its conclusions.
- Additionally, the commission has the power to ensure compliance with its decisions from the public authority, which includes providing access to information in a specific form and directing the appointment of a Public Information Officer if none exists.
National Green Tribunal:
- Established on October 18, 2010, under the National Green Tribunal Act 2010, the National Green Tribunal (NGT) efficiently handles matters related to environmental protection, forest preservation, and natural resource conservation.
- The NGT is a specialized body created to swiftly resolve disputes affecting environmental concerns.
- With the establishment of the NGT, India became the first developing nation and the third country globally, after Australia and New Zealand, to establish a specialist environmental tribunal.
Composition of NGT:
- The NGT comprises the Chairperson, Judicial members, and expert members, appointed for a five-year term with no eligibility for re-appointment.
- The Chairperson is appointed by the Central Government in collaboration with the Chief Justice of India (CJI).
- A Selection Committee appointed by the National Government appoints the judicial and expert members. The tribunal must have between 10 and 20 full-time judicial and expert members.
Powers and Jurisdiction:
- The tribunal has jurisdiction over all civil matters containing significant environmental questions, including the enforcement of legal rights related to the environment.
- The NGT, with (Suo Moto) authority, can address environmental matters nationwide. Its role is not only adjudicatory but also preventive, compensatory, or remedial. The NGT has appellate jurisdiction and is not bound by the procedural rules of the Code of Civil Procedure 1908 but is guided by principles of ‘natural justice.
- The NGT can provide relief and compensation to victims of pollution and environmental damage, restoring damaged property and the environment in specific areas as deemed fit by the tribunal.
- Moreover, the NGT Act outlines a process for punishment in case of non-compliance, with a potential sentence of up to three years of imprisonment, a fine exceeding ten crore rupees, or both. An appeal against the order, decision, or award of the NGT can be made to the Supreme Court, typically within ninety days from the date of communication. The NGT handles civil cases related to seven environmental laws, which include:
- The Water (Prevention and Control of Pollution) Act, 1974
- The Water (Prevention and Control of Pollution) Cess Act, 1977
- The Forest (Conservation) Act, 1980
- The Air (Prevention and Control of Pollution) Act, 1981
- The Environment (Protection) Act, 1986
- The Public Liability Insurance Act, 1991
Some Other Important Bodies
| Name of Body | Main Functions |
| Income Tax Appellate Tribunal (ITAT) | A quasi-judicial institution specializing in appeals under the Direct Taxes Act. The orders passed by ITAT are final; an appeal lies to the High Court only if a substantial question of law arises for determination. |
| The Competition Commission of India (CCI) | Enforcing the Competition Act of 2002. Eliminating practices hurting competition, promoting and sustaining competition, protecting consumer interests, and ensuring freedom of trade in Indian markets. |
| Telecom Regulatory Authority of India (TRAI) | Regulating the country’s telecommunications sector. Providing a fair and transparent policy environment, promoting a level playing field, facilitating fair competition, and regulating telecom services, including fixation/revision of tariffs. |
| Telecom Disputes Settlement and Appellate Tribunal (TDSAT) | Adjudicating disputes and disposing of appeals related to issues such as licenses. Handling appeals against decisions or orders of TRAI. Decisions of TDSAT can be appealed to the Supreme Court on substantial questions of law in Telecom, Broadcasting, and Airport tariff matters. |
| Name of Body | Main Functions |
| University Grants Commission (UGC) | A statutory organization established by an Act of Parliament in 1956. Provides funds to Indian universities, maintains ethical standards, recommends steps to strengthen university education, advises on grants allocation, and establishes criteria for various exams. |
| National Medical Commission | Founded by the National Medical Commission Act, of 2019. Comprises 25 members, including the Chairperson and presidents of Postgraduate and Undergraduate Medical Education Boards. Replaced the Medical Council of India. Recognizes medical qualifications, accredits medical schools, and evaluates medical infrastructure in India. |
| Drug Controller General of India | Head of the department of the Central Drugs Standard Control Organisation. Approves licenses for specified categories of drugs sets standards for manufacturing, sales, import, and distribution of drugs in India. Functions under the Ministry of Health and Family Welfare. |
| Food Safety and Standards Authority of India (FSSAI) | Statutory body under the Food Safety and Standards Act, 2006. Responsible for regulating and supervising food safety, ensuring compliance and inspections, and gathering information on contaminants in food products. Consists of a Chairperson and 22 members, appointed by the Central Government. |
| National Consumer Disputes Redressal Commission | Quasi-judicial commission established under the Consumer Protection Act, 1986. Addresses grievances of consumers for goods and services exceeding one crore in value. Headed by a sitting or retired Judge of the Supreme Court. Has the authority to review and appeal decisions made by lower consumer dispute redressal bodies. |
| Press Council of India | Functions under the Press Council Act, of 1978, as a statutory, quasi-judicial body. Acts as a watchdog for the press defines professional standards and regulates the print media in India. Consists of 28 members, including the Chairman, selected by the Speaker of the Lok Sabha, Chairman of the Rajya Sabha, and a member elected by the PCI. |
| Name of Body | Main Functions |
| Bar Council of India | A statutory body established under the Advocates Act, 1961. Regulates and represents the Indian legal profession, lays down standards of legal education, and promotes and supports law reform. Each Bar Council has a Chairman and Vice Chairman elected by ex-officio members. |
| National Highway Authority of India (NHAI) | Autonomous statutory agency established under the National Highways Authority of India Act, 1988. Responsible for the development, management, operation, and maintenance of National Highways in India. Comprises a Chairman, not more than five full-time members, and four part-time members appointed by the Central Government. |
| Directorate General of Civil Aviation (DGCA) | Statutory body of the Indian Central Government regulating civil aviation. Formed under the Aircraft (Amendment) Bill, 2020. Investigates aviation accidents, maintain aviation regulations, issue licenses, regulate air transport services, and enforce air safety and airworthiness standards. |
| Unique Identification Authority of India (UIDAI) | Statutory authority established under the Aadhaar Act, 2016. Mandated to collect demographic and biometric information, store it in a central database, and issue a 12-digit unique identity number called Aadhaar to residents of India. Comes under the Electronics and IT Ministry. |
| Inland Waterways Authority of India (IWAI) | A statutory body was constituted in 1986 for the development and regulation of inland waterways in India. Responsible for building infrastructure in inland waterways, surveying economic feasibility, and administering and regulating waterways for shipping and navigation. |
| Customs Excise and Service Tax Appellate Tribunal (CESTAT) | A quasi-judicial body established in 1982 under the Customs Act, 1962. Hears appeals against orders and decisions passed under the Customs Act, 1962, and Central Excise Act, 1944. Has appellate jurisdiction in Anti-Dumping matters but cannot grant compensation for unlawful actions by revenue authorities. Works under the Ministry of Finance. |
| Cyber Appellate Tribunal | Established under the Information Technology Act, operating under the Controller of Certifying Authorities (CCA). Adjudicates matters related to cyber issues, and the Central Government appoints the Presiding Officer. Specifies matters and places falling under the tribunal’s jurisdiction. |
| Atomic Energy Regulatory Board (AERB) | Statutory body constituted in 1983 under the Atomic Energy Act of 1962. Performs regulatory and safety functions related to nuclear safety. Jurisdiction and authority conferred by the Atomic Energy Act of 1962 and the Environment Protection Act of 1986. Headquarters located in Mumbai. Deals with matters related to nuclear safety. |
Prelims Facts
- In which article is the establishment of the Finance Commission prescribed? Article 280 [BPSC (Pre) 2018]
- Who is considered a ‘friend and guide’ of the Public Accounts Committee? The Comptroller and Auditor General of India [UPPSC (Pre) 2006]
- What type of body is the State Finance Commission? Constitutional body [UPPSC (Pre) 2015, 16, 18]
- In what manner can the Comptroller and Auditor General of India be removed from office? Similar to a Judge of the Supreme Court [RAS/RTS (Pre) 2018]
- Who appoints the Chairman of the Finance Commission? President [MPSC (Pre) 2010]
- Who ensures that the audit report of the CAG is presented to both Houses of Parliament? President of India [MPPSC (Pre) 2017]
- Which entity is considered a ‘think tank’ in audit accounting and accountability matters? Institute of Public Auditors of India [MPSC (Pre) 2017]
- What is the main agency for resolving fiscal disputes between the Centre and States? Supreme Court [UPPSC (Pre) 1995]
- Who referred to the CAG as a ‘toothless paper tiger’? ER Subramaniam [MPSC (Pre) 2017]
- Which Constitutional Amendment separated the National Commission for Scheduled Castes and Scheduled Tribes into two bodies? 89th Constitutional Amendment [JPSC (Pre) 2016]
- Under which article does the appointment of the Comptroller and Auditor General of India, a quasi-judicial body, find mention? Article 280 [MPSC (Pre) 2015]
- Who recommends the principles governing the distribution of net proceeds of taxes and fees between the state and panchayats to the Governor? State Finance Commission [CGPSC (Pre) 2019]
- How many sections are there in the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989? 23 [MPPSC (Pre) 2018]
- In which article of the Constitution of India is the position and functions of the Comptroller and Auditor-General explained? Articles 148 to 151 [Nagaland PSC (Pre) 2012, UP Lower 2015]
- Which part of the Indian Constitution (Articles 330 to 342) deals with reservation seats for SC/ST and representation of the Anglo-Indian community? Part XVI [IIAS (Pre) 2002, UPPSC (Pre) 2008, WBCS (Pre) 2012, CGPSC (Pre) 2003]
- Under which article is the Comptroller and Auditor-General of India appointed? Article 148 [UP Lower 2015]
- What is the tenure of the Comptroller and Auditor-General of India? 6 years [UPPSC (Pre) 1993]
- Who appoints and can remove the Comptroller and Auditor-General of India? The President [UPPSC (Pre) 2006]
- When was the Planning Commission established? 1950 [BPSC (Pre) 2005, Nagaland PSC (Pre) 2014]
- Who holds the ultimate responsibility for taking action on the comments of the Comptroller and Auditor-General? Parliament [UP RO/ARO (Mains) 2014]
- Who serves as the Chairman of the Planning Commission? Prime Minister [MPPSC (Pre) 2004, UK UDA/LDA (Pre) 2006, 2007]
- Who was the first Chairman of the Planning Commission? Jawaharlal Nehru [UKPSC (Pre) 2006, Nagaland PSC (Pre) 2014]
Frequently Asked Questions (FAQs)
FAQ 1: What is the significance of Constitutional Bodies in Indian Polity?
Answer: Constitutional Bodies in Indian Polity are institutions that derive their powers and functions directly from the Constitution of India. They play a crucial role in ensuring the smooth functioning of the democratic system. These bodies are independent entities designed to safeguard the principles of democracy, justice, and governance. Examples include the Election Commission, the Union Public Service Commission (UPSC), and the Comptroller and Auditor General (CAG). The significance lies in their autonomy, which helps maintain a balance of power, transparency, and accountability within the government.
FAQ 2: How do Non-Constitutional Bodies differ from Constitutional Bodies in Indian Polity?
Answer: Non-constitutional bodies in Indian Polity are institutions that are not explicitly mentioned in the Constitution. Unlike Constitutional Bodies, their creation and functioning are governed by statutory laws or executive orders. While they still contribute to the administrative machinery of the government, they lack the constitutional independence enjoyed by bodies like the Election Commission or the CAG. Examples of Non-Constitutional Bodies include the National Human Rights Commission (NHRC) and the Planning Commission (before it was replaced by NITI Aayog). The key distinction lies in the source of their authority and the degree of independence they possess.
FAQ 3: What role does the Union Public Service Commission (UPSC) play in the Indian political system?
Answer: The Union Public Service Commission (UPSC) is a Constitutional Body in India responsible for conducting examinations to select candidates for various civil services and government positions. Its primary role is to ensure the merit-based selection of candidates for key administrative roles, fostering efficiency and impartiality in the functioning of the government. The UPSC conducts examinations like the Civil Services Examination, Engineering Services Examination, and others. By doing so, it plays a crucial part in shaping the country’s bureaucracy, ensuring that individuals with the requisite skills, knowledge, and integrity contribute to the governance and policymaking processes in India.
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