NON CONSTITUTIONAL BODIES · How NITI Aayog differs from erstwhile Planning Commission:- Planning...

NATIONAL IAS ACADEMY NON CONSTITUTIONAL BODIES

1

NON CONSTITUTIONAL

BODIES

VIJAYANAGAR BRANCH: #3444, ‘KARMA KOUSHALYA BHAVAN’, CHORD

ROAD, OPPOSITE TO ATTIGUPPE METRO STATION,

VIJAYANAGAR, BANGALORE – 540040

JAYANAGAR BRANCH: LUCKY PARADISE, 2ND

FLOOR, 8TH

F MAIN ROAD, 22ND

CROSS, OPPOSITE TO ICICI BANK, 3RD

BLOCK, JAYANAGAR,

BANGALORE -56001


2

TABLE OF CONTENTS

1. NITI Aayog………………………………………….……………….…. 03

2. National and State Human Rights Commission…………………….... 05

3. Central Vigilance Commission………………………………...……..... 07

4. Central and State Information Commission………………………….. 08

5. Lokpal and Lokayukta…………………………….…………………… 09

6. Central Bureau of Investigation……………………………………….. 11

7. Quick Revision Table……………………..…………………………….. 12


3

1.NITI AAYOG

> National Institution for Transforming India established via Union Cabinet resolution on

January 1st 2015.

> Premier policy think tank of the government.

>It is aExtra constitutional, non statutory, advisory body.

Aims and functions of NITI aayog

>Advisory body – Give directional and strategic inputs to Union and State government on

request.

> To fasten the policy implementationand focus on technology up gradation and capacity

building.

> Foster inter-ministry, inter-state and center state co-ordination.

> Act as a resolution platform for interstate and inter departmental issues.

>Foster co-operative federalism as strong statecreates a strong center.

> Replace top down approach with bottom up approach.

> Design an inclusive policy framework that benefits all segments of society.

> Create a knowledge, innovation and entrepreneurial support system via community of

international experts, practitioners and partners.

Composition

Chairperson – Prime Minister

Vice Chairperson – Appointed by PM

Governing Council – CM and administrators of Union Territories

Regional Council – Created as per need, members would be CM and administrators of

UT of respective regions.

>CEO of NITI aayog – Has a similar rank as secretary to the government of India.

Other members are full time members, part time members, ex-officials and special

invitees.

Hubs of NITI Aayog:-

1) Team India Hub ( Has 6 subject matter verticals)

2) Knowledge and Innovation Hub ( Has 10 subject matter verticals)

3) Flexi Pool ( Work under progress) ( Aims at augmentation of institution capacity to fulfill

its goals)

Offices attached to NITI aayog :-

Development Monitoring and Evaluation Office


4

National Institute of Labor Economics Research and Development.

How NITI Aayog differs from erstwhile Planning Commission:-

Planning Commission NITI aayog

1) Powers to allocate funds to ministries and

state governments .

The finance powers are allocated to

Finance Commission.

NITI aayog is an advisory body.

2) State’s role was limited to National

Development Council and interaction to

plan meetings.

comprise- Planning Commission reports to

NDC which of Chief Minister of states and

UT.

State have more significant role in NITI

aayog.

- Governing Council itself has state chief

ministers and Lt Governors.

3) There was no provision for part time

members.

NITI aayog has part-time members and

expertise based on the need from time to

time.

4) States were consulted after the policy was

formed.

States are involved in the policymaking

approach.

5) Planning is taken up top to bottom. Planning is bottom up.

6) Planning Commission imposed policies,

and had discretion in allocation of funds.

NITI aayogis a think tank does not have

the power to impose policies.

7) Planning Commission was forming central

policies.

NITI aayog won’t form any central policies

but focus on implementation and evaluation

of policies.

8) Centralised planning Co-operative Federalism

National Development Council

National Development Council which existed during the Planning Commission would be

metamorphed to NITI Aayog Governing Council.


5

2.NATIONAL AND STATE HUMAN RIGHTS COMMISSION

National Human Rights Commission State Human Rights Commission 1) Statutory Body

Established by Protection of Human

Rights Act 1993.

Same

State constituted State Human Rights

Commission via official gazette notification.

2) Deals with subjects mentioned in Union

List

Deals with subjects mentioned in State and

Concurrent List.

3) Composition

Chairman – Retired Chief Justice of India

Other members :-

Serving or retired judge of Supreme

Court Service or retired chief justice of High

Court.

2 persons having knowledge or

practical experience with respect to

human rights.

Ex-Officio Members :-

Chairman of National Commission of

Minorities.

National Commission for SC

National Commission for ST

National Commission for Woman

Composition

Chairman – Retired Chief Justice of High

Court

Other members :-

Serving or retired judge of high court.

> District judge in a state with

minimum 7 years’ experience.

4) Appointment

Chairman appointed by President

On recommendation of a 6 member

committee consisting of :-

Prime Minister

Speaker of LokSabha

Dy Chairman of RajyaSabha

Leader of opposition in both houses

Central Home Minister

Chairman appointed by Governor

On recommendation of 4 member committee

Chief Minister

Speaker of Legislative Assembly

State Home Minister

> Leader of opposition in legislative

assembly

5) Tenure – 5 years or 70 years

Same

6) Removal – President under following

circumstances

Insolvent

In paid employment

Though appointed by Governor, can be

removed by President.


6

Infirmity of mind and body

Unsound Mind

Sentenced to imprisonment

Proved Misbehavior and incapacity

7) Not eligible for further employment

Same

8) Salaries and allowances determined by

Central Government.

Determined by State Government

9) Functions

To inquire into violation of human

rights, suomoto or by a petition.

Visit jails and detention places

>Review constitutional and other

safeguards related to human rights

Studying international treaties

Undertake research on human rights

To encourage efforts of NGO

These functions are recommendary in

nature and cannot take action.

Same


7

3.CENTRAL VIGILANCE COMMISSION

Formed to prevent corruption in the government.

Formed in 1964 by executive resolution of Central Government.

Established on recommendation of Santanam Committee

CVC got a statutory status in 2003

Composition

Consists of Central Vigilance Commissioner and two vigilance commissioners.

Appointment and Removal

Appointed by President with warrant under his hand and seal.

It is done on recommendation of 3 member committee:-

Prime Minister

Union Minister of Home Affairs

Leader of opposition LokSabha

Term – 4 years or 65 years

o Not eligible for further employment

Removal– Done by President

Salary and allowances of CVC similar to those of chairman of UPSC.

Functions:-

Inquire into offenses committed under Prevention of Corruption Act 1988

Working – Powers of civil court and proceedings are Judicial in character.

Central government needs to consult the CVC to make regulations related

to vigilance


8

4.CENTRAL/ STATE INFORMATION COMMISSION

Central Information Commission State Information Commission Formed under Right to Information Act 2005

Same

It entertains complaints and appeals pertaining to

offices, financial institutions, public sector

undertakings under central government and UT

It entertains concerns under state

government

Appointment done by President

On recommendation of a committee consisting of

:-

Prime Minister

Leader of Opposition in LokSabha

Union Cabinet Minister nominated by PM

Other conditions :-

Person of eminence in public life with wide

knowledge and experience.

Should not be a member of Parliament or

Legislature of State or UT

Should not have any office of profit or connected

to any political party.

Appointment done by Governor

On recommendation of a committee

consisting of :-

Chief Minister

Leader of Opposition of Legislative

Assembly

State Cabinet Minister nominated by

CM

Tenure and Service

5 years or 65 years

Not eligible for reappointment

Removal by President

Tenure and Service

5 years or 65 years

Not eligible for reappointment

Removal by Governor

Salary and allowances of Chief

InformationCommissioner are similar to those

of Chief Election Commissioner.

Information commissioner is similar to

Election Commissioner.

Salary and allowances of State Chief

Information Commissioner is similar to

those of Election Commissioner.

State Information Commissioner is similar

to Chief Secretary.


9

5.LOKPAL AND LOKAYUKTA

Lokpal is a statutory body

Consists of 1 chairperson and 8 members

Chairperson – Either Chief Justice of India

Former Judge of Supreme Court

Or eminent person with impeccable integrity

Members – Maximum 8 members can be there

Half will be judicial members.

Minimum 50% of members shall be SC/ST/Women/ Minorities

Who cannot be the Chairperson?

MP/MLA

Less than 45 years of age

Members of Panchayat or Municipality

Person removed from public service

Those who hold office of profit

Those affiliated to a political party

Carries some business or profession, he should quit it.

Appointment of chairperson / members :-

Appointed by President on recommendation of a selection committee consisting of

o Primer Minister – Chairperson

o Speaker of Loksabha

o Leader of opposition in Loksabha

o Chief Justice of India/ Judge nominated by the CJI

o One eminent jurist

Term of Office:-

5 years or 70 years (For both Chairman and Members)

Salary, allowances and other conditions for chairman is similar to CJI and members it

is similar to a judge of a SC.

Source of salary for Chairperson and members Is Consolidated Fund of India.

In absence of Chairperson, the senior most members shall be the chairman till a new

chairman is appointed.

Removal of Chairperson or members:-

Chairperson or members can be removed by President on grounds of


10

Misbehavior (Petition to be signed by 100 MP’s)

Adjudged Insolvent

Engaged in Paid employment

Issue : Section 37 of Lokpal act says, no complaint against Chairman or member

shall be inquired into by its institution.

Post Retirement Jobs

After Lokpal one cannot take

Diplomatic assignment

As administrator of UT

Any constitutional/ statutory post made by President

Any other office under government of India

He cannot contest in any elections upto 5 years of relinquishing the post.

Jurisdiction of Lokpal

The following come under the jurisdiction of Lokpal

Prime Minister

(PM can be enquired except for matters relating to International relations, External

and Internal Security, Public Order, Atomic Energy and Space)

All Ministers of Union

Members of Parliament except matters related to Article 105

Group A,B,C,D officers

Any person incharge of anybody financed and controlled by the government

Any person involved in abetting, bribe giving and bribe taking

Powers of LokPal :-

Has superintendence to give powers to CBI

Refer a case to CBI, investigating officer in that case cannot be transferred without the

permission of Lokpal.

Inquiry wing of Lokpal has powers of civil court

Lokpal can confiscate assets procured by corruption

Lokpal can recommend transfer or suspension of person involved in corruption

Lokpal can give directions to destruction of records during preliminary enquiry.

Other Important Facts about Lokpal:-

Accounts of Lokpal audited by CAG

Annual report of Lokpal, submitted to the President

Lokpal functions as appellate authority

Lokpal will not entertain complaints that date back to 7 years

Civil courts barred jurisdiction of any matter under Lokpal.


11

6.CENTRAL BUREAU OF INVESTIGATION

Appointment :-

CBI is selected by group comprising of:-

Prime Minister

Leader of Opposition in LokSabha

Chief Justice of India

Facts about CBI:-

It is India’s first agency to investigate corruption.

CBI not established via any act of parliament.

First set up under Special Police Establishment in 1941. It was brought under Home

Ministry in 1946.

Its role expanded in 1946 to investigate state and central governments under Delhi

Special Police Establishment Act.

Investigation in state governments can be done with the consent of the state concerned.

Present mandate of CBI:-

Anti-Corruption :-

CBI investigates the fraud and corruption among senior federal civil servants.

Economic Crimes :-

CBI investigates crimes such as

Bank Frauds

Large scale smuggling of narcotics

Smuggling of antiques and cultural property

Special Crimes

Terrorism cases

Bomb Blasts

Sensational homicides

Kidnapping for ransom


12

7.QUICK REVISION TABLE

OFFICE TERM COMPOSITION APPOINTMENT REMOVAL

NITI Aayog

Chairperson –

Prime Minister

Vice

Chairperson –

Appointed by

PM

Governing

Council – CM

and

administrators of

Union

Territories

Regional

Council –

Created as per

need, members

would be CM

and

administrators of

UT of respective

regions.

>CEO of NITI

aayog – Has a

similar rank as

secretary to the

government of

India.

Other members are full

time members, part time

members, ex-officials

and special invitees

National

Human

Rights

Commission

5 years

or 70

years

Composition

Chairman –

Retired

Chief Justice of

India

Other members

:-

Chairman appointed by

President on

recommendation of a 6

member committee

consisting of :-

Prime Minister

Speaker of

President


13

Serving or

retired judge of

Supreme Court Service or

retired chief

justice of High

Court.

2 persons having

knowledge or

practical

experience with

respect to human

rights.

Ex-Officio

Members :-

Chairman of

National

Commission of

Minorities.

National

Commission for

SC

National

Commission for

ST

> National

Commission for

Woman

LokSabha

>Dy Chairman of

RajyaSabha

Leader of

opposition in both

houses

Central Home

Minister

State

Human

Rights

Commission

5 years

or 70

years

Composition

Chairman – Retired

Chief Justice of High

Court

Other members :-

> Serving or retired

judge of high court.

> District judge in a

state with minimum 7

years’ experience.

Chairman appointed by

Governor On recommendation of

4 member committee

Chief Minister

Speaker of

Legislative

Assembly

State Home

Minister

Leader of

opposition in

legislative

assembly

President


14

Central

Vigilance

Commission

4 years

or 65

years

Central Vigilance

Commissioners and 2

vigilance

commissioners

Appointed by

President with

warrant under

his hand and seal.

It is done on

recommendation

of 3 member

committee:-

Prime Minister

Union Minister

of Home Affairs

Leader of

opposition

LokSabha

President

National

Information

Commission

5 years

or 65

years

Appointment done by

President On recommendation of

a committee consisting

of :-

Prime Minister

Leader of

Opposition in

LokSabha

Union Cabinet

Minister

nominated by

PM

President

State

Information

commission

5 years

or 65

years

Appointment done by

Governor On recommendation of

a committee consisting

of :-

Chief Minister

Leader of

Opposition of

Legislative

Assembly

- State Cabinet

Minister

nominated by CM

Governor

Lokpal and 5 years 1 Chairperson + 8 Appointed by Lokpal


15

Lokayukta

or 70

years

members

President on

recommendation of a

selection committee

consisting of

Primer Minister –

Chairperson

Speaker of

Loksabha

Leader of

opposition in

Loksabha

Chief Justice of

India/ Judge

nominated by the

CJI

One eminent

jurist

Chairman is

removed by

the president

on basis of a

petition signed

by atleast 100

MPs.

Lokayukta

Chairman is

removed by

passing a

motion in the

state assembly

CBI Fixed

tenure of

2 years.

CBI is selected by

group comprising of:-

Prime Minister

Leader of

Opposition in

LokSabha

Chief Justice of

India

NON CONSTITUTIONAL BODIES · How NITI Aayog differs from erstwhile Planning Commission:- Planning...

Documents

Transcript of NON CONSTITUTIONAL BODIES · How NITI Aayog differs from erstwhile Planning Commission:- Planning...