Non Constitutional Bodies

Non Constitutional Bodies

1. NITI Aayog

• NITI Aayog (Policy Commission) or National Institution for Transforming India was established via a Union Cabinet resolution on January 1, 2015 as a premier Policy Think Tank of the Union Government.
• It’s an extra-constitutional, non-statutory and advisory body.

Aims and Functions of Niti Aayog

The key objectives to establish NITI Aayog were as follows:

• To work as an advisory body to give directional and strategic inputs to Union Government and also State governments on request.
• Put an end to the slow and tardy implementation of the policy by fostering inter-ministry, inter-state and centre-state coordination.
• To foster cooperative federalism on the principle of Strong states make a strong nation.
• To replace the top-down development approach with bottom-top development approach.
• To design policy framework for weaker section of society that may not have benefited from economic progress.
• To create a knowledge, innovation and entrepreneurial support system via a community of national and international experts, practitioners and partners.
• To serve as a platform for resolution of inter-sectoral and inter-departmental issues in order to accelerate the implementation of the development agenda.
• To monitor and evaluate the implementation of programmes, and focus on technology upgradation and capacity building.
• On the basis of above, functions of NITI Aayog can be divided into four categories viz.
  • To act as a Resource Centre & Knowledge Hub
  • Design Policy & Programme Framework
  • Foster Cooperative Federalism
  • Monitoring and Evaluation.
  • Composition of NITI Ayog

Composition of NITI Ayog

• Chairperson-Prime Minister
• Governing Council– Its members are Chief Ministers and Administrators of the Union Territories
• Regional Councils-These are created as per need and its members would be chief ministers and administrators of UTs of respective regions.
• Vice-Chairperson– The Vice-chairperson of the Niti Aayog is appointed by Prime Minister.
• Further, the NITI Aayog has full time members (number unspecified), part time members (maximum 2, these would be scholars from universities and research institutions), Ex-officio members (maximum 4, these are ministers from Union Council of Ministers), Special Invitees (appointed by PM for fixed tenure.
• Finally, there is a Chief Executive Officer (CEO) of the Niti Ayog, who is appointed by Prime Minister and has a rank similar to Secretary to the Government of India.

2. National Human Rights Commission

• 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. This Act was amended in 2006.

COMPOSITION OF THE COMMISSION

• The commission is a multi-member body consisting of a chairman and four members. The chairman should be a retired chief justice of India, and members should be serving or retired judges of the Supreme Court, a serving or retired chief justice of a High Court and two persons having knowledge or practical experience with respect to human rights.
• In addition to these fulltime members, the commission also has four ex-officio members—the chairmen of the National Commission for Minorities, the National Commission for SCs, the National Commission for STs and the National Commission for Women.
• The chairman 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. Further, a sitting judge of the Supreme Court or a sitting chief justice of a High Court can be appointed only after consultation with the chief justice of India.
• The chairman and members hold office for a term of five years or until they attain the age of 70 years, whichever is earlier. After their tenure, the chairman and members are not eligible for further employment under the Central or a state government.
• The President can remove the chairman or any member from the office under the following circumstances:

• • If he is adjudged an insolvent; or
  • If he engages, during his term of office, in any paid employment outside the duties of his office; or
  • If he is unfit to continue in office by reason of infirmity of mind or body; or
  • If he is of unsound mind and stand so declared by a competent court; or
  • If he is convicted and sentenced to imprisonment for an offence.
• In addition to these, the President can also remove the chairman or any member on the ground of proved misbehavior or incapacity.
• However, in these cases, the President has to refer the matter to the Supreme Court for an inquiry. If the Supreme Court, after the inquiry, upholds the cause of removal and advises so, then the President can remove the chairman or a member.
• The salaries, allowances and other conditions of service of the chairman or a member are determined by the Central government. But, they cannot be varied to his disadvantage after his appointment.

3. Central Bureau of Investigation

• 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.
• It comes under the administrative control of the Department of Personnel and Training (DoPT) of the Ministry of Personnel.
• The CBI is the main investigating agency of the Central Government. It plays an important role in the prevention of corruption and maintaining integrity in administration. It also provides assistance to the Central Vigilance Commission and Lokpal.

The Lokpal and Lokayuktas Act (2013) amended the Delhi Special Police Establishment Act (1946) and made the following changes with respect to the composition of the CBI:

1. The Central Government shall appoint the Director of CBI on the recommendation of a three-member committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and the Chief Justice of India or Judge of the Supreme Court nominated by him.
2. There shall be a Directorate of prosecution headed by a Director for conducting the prosecution of cases under the Lokpal and Lokayuktas Act, 2013. The Director of Prosecution shall be an officer not below the rank of Joint Secretary to the Government of India. He shall function under the overall supervision and control of the Director of CBI. He shall be appointed by the Central Government on the recommendation of the Central Vigilance Commission. He shall hold office for a period of two years.
3. The Central Government shall appoint officers of the rank of SP and above in the CBI on the recommendation of a committee consisting of the Central Vigilance Commissioner as Chairperson, the Vigilance commissioners, the Secretary of the Home Ministry and the Secretary of the Department of Personnel.

• Later, the Delhi Special Police Establishment (Amendment) Act, 2014 made a change in the composition of the committee related to the appointment of the Director of C.B.I. It states that where there is no recognized leader of opposition in the Lok Sabha, then the leader of the single largest opposition party in the Lok Sabha would be a member of that committee.

4. Central Vigilance Commission

• The Central Vigilance Commission was set up by the Government in February, 1964 on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam, to advise and guide Central Government agencies in the field of vigilance.
• CVC is conceived to be the apex vigilance institution, free of control from any executive authority,monitoring all vigilance activity under the Central Government.
• It advises various authorities in Central Government organizations in planning, executing, reviewing and reforming their vigilance work.
• The Central Vigilance Commission Act 2003 came into effect from 2003.
• The Central Vigilance Commissioner (CVC) is the Chairperson and the Vigilance Commissioners (Members)of the Committee, on whose recommendations, the Central Government appoints the Director of Enforcement
• CVC shall have all the powers of a civil court while conducting any inquiry under sec 11 of the Act.