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Non - Const Bodies

The document outlines various non-constitutional bodies in India, detailing their establishment, composition, appointment, tenure, disqualification, removal, and roles. Key bodies include the NITI Aayog, NHRC, SHRC, CIC, SIC, CVC, and CBI, each serving specific functions related to policy-making, human rights protection, information access, and anti-corruption efforts. These bodies are primarily advisory or statutory in nature, with specific eligibility criteria for their members and defined powers and limitations.

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0% found this document useful (0 votes)
10 views8 pages

Non - Const Bodies

The document outlines various non-constitutional bodies in India, detailing their establishment, composition, appointment, tenure, disqualification, removal, and roles. Key bodies include the NITI Aayog, NHRC, SHRC, CIC, SIC, CVC, and CBI, each serving specific functions related to policy-making, human rights protection, information access, and anti-corruption efforts. These bodies are primarily advisory or statutory in nature, with specific eligibility criteria for their members and defined powers and limitations.

Uploaded by

hari2172000
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© © All Rights Reserved
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NON-CONSTITUTIONAL BODIES

BODY/ QUALIFICATION &


AUTHORITY APPOINTMENT COMPOSITION TENURE DISQUALIFICATION REMOVAL ROLE OF THE BODY

i)It is established via Chairperson- i)It is an extra-


NATIONAL a Union Cabinet Prime minister constitutional, non-
INSTITUTION resolution on statutory and advisory
FOR January 1, 2015 as a Governing body.
premier Policy Think Council– Its Not Not Applicable Not Applicable
TRANSFORMING
Tank of the Union members Applicable ii) To act as a Resource
INDIA(NITI Government. are Chief Centre & Knowledge Hub
AAYOG) Ministers and
Administrators of iii)Design Policy &
the Union Programme Framework
Territories.
iv)Foster Cooperative
Regional Federalism
Councils-These
are created as per v)Monitoring and
need and its Evaluation of
members would implementation of
be chief ministers programmes, and focus
and on technology
administrators of upgradation and capacity
UTs of respective building.
regions.

Vice
Chairperson–
The Vice-
chairperson
is appointed by
Prime Minister.

Chief Executive
Officer (CEO) is
appointed by
Prime
Minister+full time
members+2 part-
time members+4
Ex-officio
members.

Special invitees
appointed by PM.

The chairperson and


NATIONAL members are The commission The i)The chairperson a)The president i)The National Human
HUMAN RIGHTS appointed by the is a multi-member chairperson should be a retired chief can remove the Rights Commission is a
COMMISSION president on the body consisting of and members justice of India or a chair person or statutory (and not a
recommendations of a chairperson + 5 hold office for judge of the Supreme any member constitutional) body. It
(NHRC)
a six-member members+ 3 a term of Court fromthe office was established in 1993
committee persons (out of three years or under the under a legislation
consisting ofthe which atleast one until they ii)Members should be a following enacted by the
PM(head)+ Speaker should be a attain the age serving or retired judge circumstances: Parliament, namely, the
of the Lok Sabha+ woman) having of 70 years, of the Supreme Court or Protection of Human
the Deputy knowledge or whichever is a serving or retired chief i)If he is Rights Act, 1993.
Chairman of the practical earlier. justice of a high court. adjudged an
Rajya Sabha+ experience with insolvent; or ii) The commission is the
leaders of the respect to human watchdog of human
Opposition inboth rights.+ 7 ex- ii)If he engages, rights in the country,that
the Houses of officio members during his term is, the rights relating to
Parliament + the who are the of office, in any life, liberty, equality and
Central home chairpersons of paid dignity of the individual
minister. the National employment guaranteed by the
Commission for outside the Constitution.
Minorities, the duties of his
They are eligible for National office; or iii)NHRC inquire into any
re-appointment. Commission for violation of human rights
SCs, the National iii)If he is unfit or negligence in the
Commission for to continue in prevention of such
STs, the National office by reason violation by a public
Commission for of infirmity of servant, either suo motu
Women, mindor body; or on a petition
the National or presented to it or on an
Commission for order of a court.
BCs and the b)The
National president can iv) The commission is not
Commission for also remove the empowered to inquire
Protection of chairperson or into any matter after the
Child Rights and any member on expiry of one year from
the Chief the ground of the date on which the act
Commissioner for proved constituting violation of
Persons with misbehaviour human rights is alleged to
Disabilities. or incapacity. have beencommitted.
However, in
these cases, the v) It has no power to
president has punish the violators of
to refer the human rights, nor to
matter to the award any relief
Supreme Court including monetary relief
for an inquiry. to the victim.

vi) The commission has


limited role, powers and
jurisdiction with respect
to the violation of human
rights by the members of
the armed forces

i) The chairperson The SHRC is a The i)The chairperson i) Although the i)The Protection of
STATE HUMAN and members are multi-member chairperson should be a retired Chief chairperson Human Rights Act of
RIGHTS appointed by the body consisting of and members Justice or a Judge of a and members 1993 provides for the
COMMISSION Governor on the a chairperson +2 hold office for High Court of a State creation of
recommendations of members and a a term of Human Rights SHRCs.
(SHRC)
a committee person having three years or ii)Members should be a Commission
consisting of the knowledge or until they serving or retired judge are appointed ii)A State Human Rights
chief practical attain the age of a High Court or a by the Commission can inquire
minister(head)+ experience with of 70 years, District Judge in the governor, they into violation of
speaker of the respect to human whichever is state with a minimum of can be removed human rights only in
Legislative rights. earlier. seven years experience only by the respect of subjects
Assembly+ state as District Judge. President in the mentioned in the State
home minister and same way as List (List-II) and the
the leader of the NHRC. Concurrent List (List-III)
opposition in the of the Seventh Schedule
Legislative of the Constitution.
Assembly.
4 member body iii) The central
ii) In the case of a government may confer
state having upon the State Human
Legislative Council, Rights Commissions the
the chairman of the functions relating to
Council and the human rights being
leader of the discharged by the union
opposition in the territories, except the
Council would also union territory of Delhi.
be the members of
the committee. iv) The Commission is
not empowered to
iii) They are eligible inquire into any matter
for re-appointment. after the expiry of one
year from the date on
which the act constituting
violation of human rights
is alleged to have been
committed.

v)The act also provides


for the establishment of
Human Rights Court in
every district for the
speedy trial of violation
of human rights.

vi)These courts can be


set up by the state
government only with the
concurrence of the
Chief Justice of the
High Court of thatstate.

i)The chief i)The Commission The Chief i) They should be a)The i) The Central
CENTRAL Information consists of a Chief Information persons of eminence in President can Information Commission
INFORMATION commissioner and Information Commissioner public life with wide remove the was established by the
COMMISSION other information Commissioner and an knowledge and Chief Central Government in
commissioners are and not more Information experience in law, Information 2005 under the
(CIC) appointed by the than ten Commissioner science and technology, Commissioner provisions of Right to
President on the Information shall hold social service, or any Information Act(2005).
recommendation of Commissioners. office for such management, Information
a committee term as journalism, mass media Commissioner ii) It entertains
consisting of the ii)At present prescribed by or administration and from the office complaints and appeals
Prime Minister as (2019), the the Central governance. under the pertaining to offices,
Chairperson+ Leader Commission has Government following financial institutions,
of Opposition in six Information or until they ii) They should not be a circumstances: public sector
theLok Sabha + a Commissioners attain the age Member of Parliament undertakings, etc., under
Union Cabinet apart fromthe of 65 years, or Member of the i)if he is the Central Government
Minister nominated Chief Information whichever is Legislature of any State adjudged an and the Union
by the Prime Commissioner. earlier. or Union Territory. insolvent; or Territories.
Minister.
iii)They should not hold ii)if he has iii) The Commission can
ii)They are not any other office of profit been convicted order inquiry into any
eligible for or connected with any of an offence matter if there are
reappointment political party or which (in the reasonable grounds (suo-
carrying on any business opinion of the moto power).
or pursuing any President)
profession. involves a
moral
turpitude; or

iii)if he engages
during his term
of office in any
paid
employment
outside the
duties of his
office; or

iv)if he is (in
the opinion of
the President)
unfit to
continue in
office due to
infirmity of
mind or body;
or

v)if he has
acquired such
financial or
other interest
as is likely to
affect
prejudicially
his official
functions.

b) The
President can
also remove the
Chief
Information
Commissioner
or any
Information
Commissioner
on the ground
of proved
misbehaviour
or incapacity.
However, in
these cases, the
President has
to refer the
matter to the
Supreme Court
for an
enquiry.

i)The State chief i) The The State The Governor i)The Right to
STATE information Commission Chief can remove Information Act of 2005
INFORMATION commissioner and consists of a State Information the State provides for the state
COMMISSION other information Chief Information Commissioner Chief information commission
commissioners are Commissioner and a State Same as CIC Information at the state level.
(SIC)
appointed by the and not more Information Commissioner
Governor on the than ten State Commissioner or any State ii) It entertains
recommendation of Information shall hold Information complaints and appeals
a committee Commissioners. office for such Commissioner pertaining to offices,
consisting of the term as from the office financial institutions,
Chief Minister as prescribed by in the same public sector
Chairperson + the Central manner as CIC. undertakings, etc., under
Leader of Opposition Government the concerned state
in the Legislative or until they government.
Assembly + a State attain the age
Cabinet Minister of 65 years, iii) The Commission can
nominated by the whichever is order inquiry into any
Chief Minister. earlier. matter if there are
reasonable grounds (suo-
ii) They are not moto power).
eligible for
reappointment .

The Central The CVC is a i)They hold The president i)The Central Vigilance
CENTRAL Vigilance multi-member office for a can remove the Commission (CVC) is the
VIGILANCE commissioner and body consisting of term of 4 Central main agency for
COMMISSION other commissioners a Central years or until Vigilance preventing corruption in
are appointed by the Vigilance they attain Commissioner the Central government.
(CVC)
president by Commissioner the age of 65 Not mentioned or any vigilance It was established in
warrant under his (chairperson) and years, commissioner 1964 by an executive
hand and seal on the not more than whichever is from the office resolution of the Central
recommendation of two vigilance earlier. in the same government.
a three- member commissioners. manner as CIC. Its establishment was
committee ii)The salary, recommended by the
consisting of the allowances Santhanam Committee on
Prime minister as and other Prevention of
its head + Union conditions of Corruption1 (1962–64).
minister of home service of the Now it has statutory
affairs + Leader of Central backing through CVC Act,
the Opposition in the Vigilance 2003.
Lok Sabha. Commissioner
are similar to ii)In 2004, the CVC
those of the has been designated
Chairman of as the agency to
UPSC and that receive and act on
of the complaints or disclosure
vigilance on any allegation of
commissioner corruption or misuse of
are similar to office from whistle
those of a blowers under the“Public
member of Interest Disclosure and
UPSC. Protection of Informers’
Resolution” (PIDPI),
which is popularly known
as “WhistleBlowers”
Resolution.

Major Functions
a)The CVC can inquire or
cause an inquiry or
investigation to be
conducted on a reference
made by the Central
government wherein it is
alleged that a public
servant being an
employeeof the Central
government or its
authorities3 , has
committed an offence
under the Prevention of
Corruption Act, 1988.

b)To exercise
superintendence over the
functioning of the Delhi
Special Police
Establishment (CBI)
insofar as it relatesto the
investigation of offences
under the Prevention of
Corruption Act, 1988.

c)To exercise
superintendence over the
vigilance administration
in the ministries of the
Central government or its
authorities.

d)The Central
Government is required
to consult the CVC in
making rules and
regulations governing the
vigilance and disciplinary
matters relating to the
members of Central
Services and All India
Services.

CENTRAL i)The Director of CBI i)Director + i)The CBI was set up in


BUREAU OF is appointed by the Special/additional 1963 by a resolution of
INVESTIGATION Central government director. the Ministry of Home
(CBI) onthe They hold Not Applicable Not Applicable Affairs. Later, it was
recommendation of ii)It has a number office for fixed transferred to the
a three-member of joint directors, tenure of 2 Ministry of Personnel.
committee deputy inspector years. It can
consisting of the generals, be extended ii) The Special Police
Prime Minister as superintendents further by one Establishment (which
Chairperson + of police and all year at a time looked into vigilance
Leader of Opposition other usual ranks up to 3 years cases) setup in 1941 was
in the Lok Sabha + of police as per new also merged with the CBI.
Chief Justice of India personnel. amendment
or Judge of the made by iii) The CBI is not a
Supreme Court Parliament statutory body. It
nominated by him. derives its powers from
(where there is no theDelhi Special Police
recognized leader of Establishment Act, 1946.
opposition in the
Lok Sabha, then the iv) The CBI is a
leader of the single multidisciplinary
largest opposition investigation agency of
party in the Lok theGovernment of India
Sabha would be a and undertakes
member of that investigation of
committee) corruption-related cases,
economic offences and
ii)The Directorate of cases of conventional
Prosecution shall be crime.
appointed by the Vision: The CBI will focus
Central Government on
on the a)Combating corruption
recommendation of in public life, curbing
the Central Vigilance economic and violent
Commission. crimes through
meticulous investigation
iii) The officers of andprosecution.
the rank of SP and b)Evolving effective
above in the CBI is systems and procedures
appointed by the for successful
Central government investigation and
on the prosecution of cases in
recommendation of various law courts.
a committee c)Helping fight cyber and
consisting of the high technology crime.
Central Vigilance d) Playing a lead role in
Commissioner as the war against national
Chairperson + and transnational
Vigilance organised crime.
Commissioners +
Secretaryof the
Home Ministry and
the Secretary of the
Department of
Personnel.

LOKPAL & The Lokpal would a)Lokpal-At the Lokpal-No


The term of Lokpal The Administrative
LOKAYUKTAS be appointed by the Centre Specified
office for Reforms Commission
president after tenure.
Lokpal i) 50% of the members (ARC) of India (1966–
consultation with i)The Lokpal Chairman and of the Lokpal shall 1970) recommended the
Members is 5
years or till
the age of 70
years
the chief justice of consist of a Lokayukta- come from amongst the Not Applicable setting up of two special
India + Speaker of Chairperson with In most of SCs, the STs, the OBCs, authorities designated
Lok Sabha + a maximum of 8 the states, minorities and women. as‘Lokpal’ and
Chairman of the members the term of ii) 50% shall be judicial ‘lokayukta’ for the
Rajya Sabha. office fixed members. redressal of citizens’
b)Lokayukta-at for lokayukta grievances.
The Chairperson the State level. is of 5 years Lokayuktas
and the members of duration or The Lokpal and
Lokpal should be i) The
The lokayukta
Chief 65 years of Judicial qualifications Lokayuktas Act(2013)
selected through a and upalokayukta
Minister selects a age, are prescribed for the came into force.
Selection person as the by
are appointed whichever is lokayukta in the States
Committee the governor
Lokayukta of
after earlier. of Uttar Pradesh, LOKPAL:
consisting of the the state in with
consultation Himachal Pradesh, i)The Lokpal will have
PrimeMinister + consultation with
the Andhra Pradesh, Gujarat, the power of
Speaker of the Lok the chief
High Court justice
Chiefof Orissa, Karnataka and superintendence and
Sabha + Leader of Justice,
the state high Assam. direction over any
the Opposition in the Speaker
court + leaderofof investigating agency,
the Lok Sabha + the Legislative
Opposition in the including the CBI, for
Chief Justice of Assembly,
state legislative cases referred to them
India or a sitting the Chairman of
assembly. by the Lokpal.
the Legislative
Supreme Court
Council,
Judge nominated by ii)The Prime Minister
Leader of
the Chief Justice of Opposition in both has been brought under
India + eminent the Houses of the purview of the
jurist to be State Legislature. Lokpal with subject
nominated by the The appointment matter exclusions and
President ofIndia is then made by specific process for
on the basis of the Governor. handling complaints
recommendations against the Prime
of the first four Minister.
members of the
selection iii)Lokpal’s jurisdiction
committee. will cover all categories
of public servants,
including Group A,
Group B, Group C, and
Group D officers and
employees of
Government.

iv)The Lokpal will have


the power of
superintendence and
direction over any
investigating agency,
including the CBI, for
cases referred to them
by the Lokpal.

LOKAYUKTA
i)Till 2013, 21 states and
1 Union Territory
(Delhi) have established
the institution of
Lokyuktas.

ii)There is no uniformity
regarding the jurisdiction
of lokayukta
in all the states.

iii)In most of the states,


the lokayukta can initiate
investigations either on
the basis of a complaint
received from the citizen
against unfair
administrative action or
suo moto.

NATIONAL NIA is headed by a i)The National


INVESTIGATION Director-General Not Investigation Agency
AUTHORITY appointed by the Not Mentioned Mentioned Not Mentioned Not Applicable (NIA) was constituted in
(NIA) Central government. 2009 under the
provisions of the
National Investigation
Agency Act,2008 (NIA
Act). It is the central
counter-terrorism law
enforcement agency in
the country.
ii)The NIA works under
the administrative
control of the Ministryof
Home Affairs,
The Acts provided in the Schedule are- Government of India.

1. The Atomic Energy Act, 1962 iii)The NIA has a separate


2. The Explosives Substances Act, 1908 specialised cell known as
3. The Unlawful Activities (Prevention) Act, 1967 TFFC Cell dealing with
4. The Anti-Hijacking Act, 2016 the subjects of fake
5. The Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982 currency notes and terror
6. The SAARC Convention (Suppression of Terrorism) Act, 1993 funding.
7. The Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on
Continental Shelf Act, 2002 iv)The NIA is mandated
8. The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, to investigate and
2005 prosecute offences under
9. Some offences under the Indian Penal Code 1860, the Arms Act 1959 and the Information Technology the various Acts
Act 2000. mentioned in the
Schedule of the NIA Act.

v)The NIA collects,


collates and analyses
counter-terrorism
investigation and shares
inputs with its sister
intelligence agencies and
law enforcement units
both at central and state
governments level.

vi)The NIA has


concurrent jurisdiction to
investigate and prosecute
the offences affecting the
sovereignty, security and
integrity of India, security
of state, friendly relations
with foreign states and
offences under various
Acts enacted to
implement international
treaties, agreements,
conventions and
resolutions of the UNO,
its agencies and other
international
organisations.

2019 Amendment:
a)The NIA is also
empowered to probe the
offences relating to
human trafficking,
counterfeit currency or
bank notes, manufacture
or sale of prohibited
arms, cyber-terrorism
and explosive substances.

b)It applied the


provisions of the NIA Act
also to persons who
commit a scheduled
offence beyond India
against Indiancitizens or
affecting the interest of
India.

c)It empowered the


central government, with
respect to ascheduled
offence committed
outside India, to direct
the NIA to register the
case and take up
investigation as if such
offence has taken place in
India.

d)It provided that the


central government and
the state governments
may designate Sessions
Courts as SpecialCourts
for conducting the trial of
offences under the NIA
Act.

e)It inserted certain new


offences in the Schedule
of the NIA Act.

NATIONAL i)The Prime Minister The NDMA i)The Disaster


DISASTER is the ex-officio consists of a Management Act, 2005
MANAGEMENT chairperson of the chairperson and provided for the
AUTHORITY NDMA. other members, creation of the
not exceeding National Disaster
(NDMA)
ii)The other nine. Management Authority
members are (NDMA) to spearhead
nominated by the and implement a holistic
chairperson of the and integrated approach
NDMA. to disaster management
in the country.
iii) The chairperson
of the NDMA ii) The NDMA is the apex
designates one of the body for disaster
members as the management in the
vice-chairperson of country. It works under
the NDMA. the administrative
control of the Union
Ministry of Home Affairs.

Functions
a)To lay down policies on
disaster management.
b)To approve the
National Plan.
c)To approve plans
prepared by the
Ministries or
Departmentsof the
Government of India in
accordance with the
National Plan.
d)To lay down guidelines
to be followed by the
State Disaster
Management Authorities
(SDMAs) in drawing up
the State Plan.
e)It exercises the general
superintendence,
direction and control of
the National Disaster
Response Force (NDRF).
This force has been
constituted for the
purpose of specialist
response to a threatening
disaster situation or
disaster.

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