Non-constitutional bodies, also known as statutory or extra-constitutional bodies, are institutions established by statutes or executive resolutions. Although not mentioned in the Constitution, these bodies play crucial roles in the governance and administration of the country. They ensure the implementation of specific policies, provide expert advice, and oversee various sectors. This article provides an in-depth examination of some key non-constitutional bodies in India, highlighting their roles, functions, and significance.
NITI Aayog (National Institution for Transforming India)
- Establishment: NITI Aayog was established on January 1, 2015, by an executive resolution of the Government of India, replacing the Planning Commission. It serves as the premier policy think tank of the government.
- Composition: The Prime Minister of India is the Chairperson of NITI Aayog. It includes a Vice-Chairperson, full-time members, part-time members, and ex-officio members from various ministries. The Chief Executive Officer (CEO) oversees its day-to-day operations.
- Functions and Powers:
- Policy Formulation: NITI Aayog formulates strategic and long-term policies and programs for the government. It provides relevant technical advice and ensures that policies are in line with national objectives.
- Cooperative Federalism: It fosters cooperative federalism by involving state governments in the planning process through a structured support initiative.
- Performance Monitoring: NITI Aayog monitors and evaluates the implementation of government policies and programs, ensuring accountability and effectiveness.
- Resource Allocation: It advises on the allocation of resources among various sectors and projects, optimizing the use of funds for development.
National Human Rights Commission (NHRC)
- Establishment: The NHRC was established on October 12, 1993, under the Protection of Human Rights Act, 1993. It is an independent statutory body tasked with protecting and promoting human rights in India.
- Composition: The NHRC consists of a Chairperson (a former Chief Justice of India), four full-time members, and several ex-officio members. The President appoints the Chairperson and members.
- Functions and Powers:
- Human Rights Protection: The NHRC investigates complaints of human rights violations, conducts inquiries, and recommends corrective measures.
- Awareness and Education: It promotes human rights awareness through education, research, and public information campaigns.
- Policy Recommendations: The NHRC advises the government on policies and laws related to human rights, ensuring that they are in line with international standards.
- Judicial Powers: It can intervene in court proceedings involving human rights issues and has the authority to inspect places of detention to ensure humane treatment.
Central Vigilance Commission (CVC)
- Establishment: The CVC was established on February 11, 1964, by an executive resolution of the Government of India, based on the recommendations of the Santhanam Committee on Prevention of Corruption. It gained statutory status through the Central Vigilance Commission Act, 2003.
- Composition: The CVC consists of a Central Vigilance Commissioner (Chairperson) and two Vigilance Commissioners, appointed by the President based on the recommendations of a committee.
- Functions and Powers:
- Corruption Prevention: The CVC oversees the vigilance administration and ensures that corruption is minimized in government offices.
- Advisory Role: It advises the central government on matters relating to corruption, including disciplinary actions against public servants.
- Supervisory Role: The CVC supervises the work of the Central Bureau of Investigation (CBI) and other anti-corruption agencies.
- Investigative Powers: It can investigate complaints of corruption and recommend appropriate action, including prosecution and disciplinary measures.
Central Information Commission (CIC)
- Establishment: The CIC was established under the Right to Information (RTI) Act, 2005, to ensure transparency and accountability in public authorities.
- Composition: The CIC consists of the Chief Information Commissioner and up to ten Information Commissioners, appointed by the President on the recommendation of a committee.
- Functions and Powers:
- RTI Implementation: The CIC oversees the implementation of the RTI Act, ensuring that citizens have access to information held by public authorities.
- Complaint Handling: It handles complaints from individuals who have been denied information or have experienced delays or issues with their RTI requests.
- Advisory Role: The CIC advises public authorities on effective implementation of the RTI Act and promotes transparency and accountability.
- Enforcement Powers: It can impose penalties on public officials who fail to comply with the provisions of the RTI Act and can order the disclosure of information.
National Green Tribunal (NGT)
- Establishment: The NGT was established on October 18, 2010, under the National Green Tribunal Act, 2010, to handle cases related to environmental protection and conservation of forests and other natural resources.
- Composition: The NGT comprises a Chairperson (a retired Judge of the Supreme Court or a High Court), judicial members, and expert members. The Central Government appoints them.
- Functions and Powers:
- Environmental Justice: The NGT provides a specialized forum for the effective and expeditious disposal of cases related to environmental protection and conservation.
- Relief and Compensation: It has the authority to grant relief and compensation for damages to persons and property and for the restoration of the environment.
- Enforcement of Laws: The NGT ensures the enforcement of legal rights related to the environment and compliance with environmental laws.
- Advisory Role: It advises the government on environmental policies and legal frameworks to strengthen environmental governance.
National Commission for Women (NCW)
- Establishment: The NCW was established in January 1992 under the National Commission for Women Act, 1990, to safeguard the rights and interests of women in India.
- Composition: The NCW consists of a Chairperson and five other members appointed by the Central Government, including a member-secretary.
- Functions and Powers:
- Women's Rights Protection: The NCW investigates and examines all matters relating to the safeguards provided for women under the Constitution and other laws.
- Policy Recommendations: It advises the government on policy matters affecting women and recommends measures to improve the status of women.
- Awareness and Education: The NCW promotes awareness about women's rights and conducts research and studies on issues affecting women.
- Grievance Redressal: It addresses complaints and grievances related to discrimination and violence against women, providing a platform for redressal.
National Disaster Management Authority (NDMA)
- Establishment: The NDMA was established on September 27, 2006, under the Disaster Management Act, 2005, to coordinate responses to natural and man-made disasters.
- Composition: The NDMA is headed by the Prime Minister of India as the Chairperson and includes members from various ministries and departments.
- Functions and Powers:
- Disaster Management Planning: The NDMA formulates policies, plans, and guidelines for disaster management to ensure a coordinated and effective response.
- Capacity Building: It promotes training and capacity building for disaster response and resilience among various stakeholders.
- Relief and Rehabilitation: The NDMA coordinates relief and rehabilitation efforts during and after disasters, ensuring timely and effective support to affected populations.
- Risk Reduction: It works towards reducing the risk of disasters through mitigation measures and promotes sustainable development practices.
Non-constitutional bodies in India play vital roles in the governance and administration of the country. Although not mentioned in the Constitution, these bodies are established by statutes or executive resolutions and have specific mandates to ensure transparency, accountability, and effective implementation of policies. Understanding these bodies and their functions is crucial for aspirants of the UPSC examination, as they form an integral part of India's administrative and governance framework. Their contributions to various sectors, from human rights and environmental protection to disaster management and anti-corruption efforts, highlight their significance in the overall governance of the nation.