Indian Polity Quiz: Non – Constitutional Bodies | 14 June, 2021

NITI Aayog, like that of the Planning Commission, was also created by an executive resolution of the Government of India (i.e., Union Cabinet). Hence, it is also neither a constitutional body nor a statutory body.

• In other words, it is a non-constitutional or extra-constitutional body (i.e., not created by the Constitution) and a non-statutory body (not created by an Act of the Parliament).
• NITI Aayog is the premier policy ‘Think Tank’ of the Government of India, providing both directional and policy inputs.
• While designing strategic and long-term policies and programmes for the Government of India, NITI Aayog also provides relevant technical advice to the Centre and States.

Source: Laxmikanth

The National Human Rights Commission is a statutory (and not a constitutional) body.

• It was established in 1993 under a legislation enacted by the Parliament, namely, the Protection of Human Rights Act, 1993.
• The commission is the watchdog of human rights in the country, that is, the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the international covenants and enforceable by courts in India.

Source: Laxmikanth

The commission is a multi-member body consisting of a chairperson and five members.

• The chairperson should be a retired chief justice of India or a judge of the Supreme Court and members should be a serving or retired judge of the Supreme Court, a serving or retired chief justice of a high court and three persons (out of which atleast one should be a woman) having knowledge or practical experience with respect to human rights.
• The chairperson and members are appointed by the president on the recommendations of a six-member committee consisting of the prime minister as its head, the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, leaders of the Opposition in both the Houses of Parliament and the Central home minister.

Source: Laxmikanth

The functions of the Commission are:

• To inquire into any violation of human rights or negligence in the prevention of such violation by a public servant, either Suo motu or on a petition presented to it or on an order of a court.
• To intervene in any proceeding involving allegation of violation of human rights pending before a court.
• To visit jails and detention places to study the living conditions of inmates and make recommendation thereon.

• To review the constitutional and other legal safeguards for the protection of human rights and recommend measures for their effective implementation.
• To review the factors including acts of terrorism that inhibits the enjoyment of human rights and recommend remedial measures.
• To study treaties and other international instruments on human rights and make recommendations for their effective implementation.

Source: Laxmikanth

The Central Information Commission was established by the Central Government in 2005.

• It was constituted through an Official Gazette Notification under the provisions of the Right to Information Act (2005). Hence, it is not a constitutional body.

• The Commission consists of a Chief Information Commissioner and not more than ten Information Commissioners. The Commission, when constituted initially, had five commissioners including the Chief Information Commissioner.
• At present (2019), the Commission has six Information Commissioners apart from the Chief Information Commissioner.
• They are appointed by the President on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.

Source: Laxmikanth

The Central Vigilance Commission (CVC) is the main agency for preventing corruption in the Central government.

• It was established in 1964 by an executive resolution of the Central government.
• Its establishment was recommended by the Santhanam Committee on Prevention of Corruption (1962–64).

Source: Laxmikanth

In 2004, the CVC has been designated as the agency to receive and act on complaints or disclosure on any allegation of corruption or misuse of office from whistle blowers under the “Public Interest Disclosure and Protection of Informers’ Resolution” (PIDPI), which is popularly known as “Whistle Blowers” Resolution.

The Commission is also empowered as the only designated agency to take action against complainants making motivated or vexatious complaints.

Source: Laxmikanth

The Central Bureau of Investigation (CBI) was set up in 1963 by a resolution of the Ministry of Home Affairs.

• Later, it was transferred to the Ministry of Personnel and now it enjoys the status of an attached office.
• The Special Police Establishment (which looked into vigilance cases) setup in 1941 was also merged with the CBI.

• The establishment of the CBI was recommended by the Santhanam Committee on Prevention of Corruption (1962–1964).
• The CBI is not a statutory body. It derives its powers from the Delhi Special Police Establishment Act, 1946.

Source: Laxmikanth

The institution of Ombudsman was first created in Sweden in 1809.

• ‘Ombud’ is a Swedish term and refers to a person who acts as the representative or spokesman of another person.
• According to Donald C. Rowat, Ombudsman refers to “an officer appointed by the legislature to handle complaints against administrative and judicial action.”

Source: Laxmikanth

The Lokpal and Lokayukta Act, 2013 provided for the establishment of Lokpal for the Union and Lokayukta for States.

• These institutions are statutory bodies without any constitutional status.
• They perform the function of an “ombudsman” and inquire into allegations of corruption against certain public functionaries and for related matters.

Source: Laxmikanth