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Chapter 13. Non Constitutional Bodies (Polity & Constitution of India Notes)

NON CONSTITUTIONAL BODIES

National Human Rights Commission
➤ The National Human Rights Commission is a statutory body.
➤ It was established in 1993 by a legislation enacted by the parliament.
Namely the protection of ➤ The Commission is a multi-member body consisting of a chairman and other 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.
➤ The chairman and members hold office for a term of five years or until they attain the age of 70 years.
➤ 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 constitution or embodied in the international covenants and enforceable by courts in India.
Central Information Commission
➤ The central information commission was established by central government in 2005.
➤ It was constituted through an official Gazette notification under the provisions of the Right to Information Act (2005) ➤ The Central Information Commission is a high powered independent body which inter alia looks into the complaints made to it and decide the appeals ➤ It entertains complaints and appeals pertaining to offices, financial institutions, public sector undertaking to offices, financial institutions, public sector undertaking etc.
➤ The commission consist of a Chief Information Commissioner and not more than ten Information Commissioners.
➤ They appointed by the president for a term of 5 years or until they attain the age 65 years, whichever
RIGHT TO INFORMATION ACT (RTI)
➤ It is a statutory (and not a constitutional) Act.
➤ It was passed in 2005 to set out the practical regime of Right to Information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority.
➤ It also provides for the constitution of a central Information commission and states Information Commissions and for matters connected therewith or incidental thereto. RTI Act, 2005 extends to the whole of India except the state of Jammu and Kashmir.
CENTRAL VIGILANCE COMMISSION
➤ 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) originally the CVC was neither a constitutional body nor a statutory body. Recently, in September 2003, the Parliament enacted a law conferring statutary status on the CVC.
➤ The CVC is a multi-member body consisting of a Central Vigilance Commissioner and not more than two vigilance commissioner.
➤ They are appointed by the president.
➤ They hold office for a term of four years or until they attain the age of sixty five years, which ever is earlier.
CENTRAL BUREAU OF INVESTIGATION (CBI)
➤ The Central Bureau of Investigation
(CBI) was set up in 1963 by a resolution of Ministry of Home ➤ Later, it was transfered to the Ministry of Personnel and now it enjoys the status of an attached office.
➤ The establishment of the CBI was recommended by the Santhanam Committee on Prevention of Corruption
(1962-64) ➤ CBI is not a statutory body. It derives its power from the Delhi Special Police Establishment Act, 1946.
LOKPAL AND LOKAYUKTAS LOKPAL
➤ The Administrative Reforms Commission
(ARC) of India (1966- 1970) recommended the setting up of two special authorities designated as Lokpal and Lokayukta for the redressal of citizens grievances.
➤ The Lokpal would deal with complaints against ministers and secretaries at central and state levels.
➤ According to the ARC, the Lokpal would be appointed by the president after consultation with the chief justice of India, the speaker of Lok Sabha and the chairman of Rajya Sabha.
➤ Ist time Lokpal bill was introduced in Parliament in May 1968, by the Congress Government headed by Indira Gandhi.
LOKAYUKTAS
➤ According to ARC Report (1966- 70) the Lokaukta (one at the centre and in every state) would deal with the complaints against other specified higher official which is not included in Lokpal.
➤ Lokayukta was established first in Maharashtra in 1971. Although Odisha had passed the Act in this regard in 1970, it came into force only in 1983.
ESTABLISHMENT OF LOKAYUKTA IN STATES
➤ Odisha (1974), Maharashtra
(1971), Rajasthan (1973), Bihar
(1974), Uttar Pradesh (1975), Himachal Pradesh (1983), Karnataka (1985), Gujarat (1986), Punjab (1995), Kerala (1999), Jharkhand (2001), Chattisgarh
(2002), Haryana (2002), Uttarakhand (2002), Goa (2011)

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