Non Constitutional Institutions Of India

Jul 24 2024 6 Min read #indian constitution

India's governance framework extends beyond constitutional bodies to a range of non-constitutional institutions that play critical roles in development, administration, vigilance, human rights, and transparency. These institutions, though not enshrined in the Constitution, significantly influence governance and public welfare.

National Development Board: A Bridge Between Centre and States

Established in 1952 during the First Five-Year Plan, the National Development Board was envisioned to secure state cooperation in executing developmental projects. The Prime Minister serves as the Chairman of this board, which comprises Union Cabinet-level Ministers, Chief Ministers of all States, Governors of Union Territories, and Planning Commission members. It also includes key members of the National Development Board itself.

The Board's main objectives are to unify national resources, foster common economic policies across sectors, and maintain balance across all regions and areas of development. Often referred to as the "Super Cabinet," it acts as a crucial bridge between the Central Government, State Governments, and the Planning Commission. Despite being chaired by the Prime Minister, the collective presence of all Cabinet Ministers makes it a powerful decision-making body.

NITI Aayog: Vision for a New India

Following the abolition of the Planning Commission on January 1, 2015, the Government of India formed NITI Aayog (National Institution for Transforming India). The decision was passed in December 2014 by Prime Minister Narendra Modi's Council of Ministers.

The Prime Minister heads NITI Aayog, while the Vice-Chairman is appointed directly by the Prime Minister. The body also includes Chief Ministers of all States and Lieutenant Governors of Union Territories. Four Cabinet-level Ministers serve as regular members and domain experts are invited as special invitees.

NITI Aayog's mission is to enhance cooperative federalism, prioritize development for vulnerable sections, boost entrepreneurship, and monitor and evaluate key national programs. It aims to foster strategic planning and policy execution to build a stronger India.

Central Human Rights Commission: A Guardian of Freedoms

The National Human Rights Commission (NHRC), also known as the Central Human Rights Commission, was established under the Protection of Human Rights Act of 1993. It upholds the right to equality and freedom guaranteed to every citizen of India.

The Chairman is a retired Chief Justice of the Supreme Court, supported by a serving Supreme Court judge and members who also head other commissions, such as the National Commission for Minorities, the National Commission for Scheduled Castes, and the National Commission for Women.

The term of the Chairman and members is five years or until they attain the age of 70. The NHRC investigates violations of human rights, reviews conditions in jails, promotes awareness of rights and prevents actions that infringe upon individual freedoms.

State Human Rights Commissions: Extending Protection to the State Level

Formed under the same 1993 Act, State Human Rights Commissions function to investigate rights violations within subjects listed in the State and Concurrent Lists of the Indian Constitution. Each Commission comprises a Chairperson and two members, typically including a retired High Court Chief Justice, a district-level judge with at least seven years of service, and a human rights expert.

Appointed by the Governor based on recommendations from an advisory committee led by the Chief Minister, these members serve a five-year term or until they reach the age of 70. These commissions play a critical role in promoting human rights awareness, investigating abuses, and reviewing existing safeguards at the state level.

Central Information Commission: Ensuring Transparency

A Gazette notification from the Central Government established the Central Information Commission. Headquartered in Delhi, it comprises a Chairman and up to ten members. These individuals are selected based on their experience in fields such as law, science, social service, journalism, and public administration. However, legislators from state assemblies or union territories are not eligible for appointment.

The Appointments Committee, headed by the Prime Minister and including the Leader of the Opposition in the Lok Sabha and a Union Cabinet Minister, selects the members. The Chief Information Commissioner enjoys the same pay as the Election Commissioner and serves a term of five years or until the age of 65.

This Commission has become pivotal in exposing corruption and excessive spending through its transparency-enabling mechanisms.

National Commission for Women: Empowering and Protecting Women

Established in 1992, the National Commission for Women (NCW) works to uphold the legal and constitutional rights of women. The commission provides expert advice to the government, addresses women's issues, and investigates complaints related to gender discrimination.

The first commission was chaired by Jayanthi Patnaik and included five members, each with extensive experience in various fields. The Member Secretary is appointed by the Central Government.

The NCW plays a key role in safeguarding women's rights, reviewing legal provisions, assessing women's representation, and reporting its findings to the government for necessary action.

Central Vigilance Commission: Fighting Corruption at the Core

The Central Vigilance Commission (CVC) was established in 1964 following the recommendations of the Santhanam Committee. Although it began as a non-statutory body, it gained statutory status through a law passed by Parliament in 2007. It remains the leading anti-corruption body under the Central Government.

The Commission includes a Central Vigilance Commissioner and three members. Appointments are made by the President on the advice of a high-level committee chaired by the Prime Minister, which also includes the Union Home Minister and the Leader of the Opposition in the Lok Sabha.

The Commissioners serve for four years or until the age of 65. They can be removed by the President, and their annual report is submitted to the Ministry of Home Affairs. The Commission is headquartered in New Delhi.

State Information Commissions: Localizing Transparency

Every state has a State Information Commission composed of a Chairman and up to ten members. These officials are appointed through a state-issued Gazette notification, and their appointments are managed by a committee led by the Chief Minister, with support from the Leader of the Opposition and a Cabinet Minister.

These commissions mirror the structure and pay scales of their central counterparts. The creation of such commissions has greatly improved access to information at the state level, bringing greater accountability and exposing misuse of resources.

Lokpal: The National Anti-Corruption Ombudsman

The idea of a Lokpal was first proposed by the Administrative Reforms Commission in 1966 under Morarji Desai. It suggested appointing this ombudsman through a panel including the President, the Chief Justice of India, the Speaker of the Lok Sabha, and the Chairperson of the Rajya Sabha.

The Lokpal consists of a Chairman and eight members, half of whom must represent Scheduled Castes, Scheduled Tribes, minorities, and women. Members from non-judicial backgrounds are required to have at least 25 years of experience in anti-corruption and vigilance work. All must have unquestionable integrity.

Despite being introduced to Parliament eight times since 1968, the Lokpal Bill faced several delays. Although the Lokpal is empowered to investigate corruption involving Central and State ministers and top officials, it is currently not operational.

Lokayukta: State-Level Corruption Watchdog

The Lokayukta operates as the state-level equivalent of the Lokpal. Each state determines its structure and jurisdiction under the Lokayukta Act. The state of Orissa was the first to enact this law in 1980.

Lokayuktas serve five-year terms or until the age of 65. They are typically retired judges of the Supreme Court, while their deputies, the Upalokayuktas, are former High Court judges. The Karnataka Lokayukta, established in 1985 under the Karnataka Lokayukta Act of 1984, is headquartered in Bengaluru and has been notable for its activism and high-profile investigations.