Non-Constitutional Bodies

Non Constitutional bodies are those bodies which are established after passing an act of Parliament. It means these institutions are not mentioned in our constitution.

Name of some important Non Constitutional Bodies are;

1. National Development Council
The National Development Council (NDC) or Rashtriya Vikas Parishad is the apex body for decision creating and deliberations on development matters in India, presided over by the Prime Minister. It was set up on 6 August 1952 to strengthen and mobilize the effort and resources of the nation in support of the Plan, to promote common economic policies in all vital spheres, and to ensure the balanced and rapid development of all parts of the country. The Council comprises the Prime Minister, the Union Cabinet Ministers, Chief Ministers of all States or their substitutes, representatives of the Union Territories and the members of the NITI Aayog.
NDC(National Development Council) has been proposed to be abolished. But till date no resolution has been passed to abolish it. Since the inception of NITI Aayog’s Governing Council (which has almost the same composition and roles as NDC), the NDC has had no work assigned to it nor had any meetings conducted. During the tenure of FORMER PM Atal Bihari Vajpayee and Manmohan singh it was felt that Planning comission has outlived its life and need some reform but both lacked political will finally Narendra Modi, was one of strong chief Minister had felt the need and after becoming PM he announced Planning Commission’s abolition, the NDC too has been shut down.
The first meeting chaired by Prime Minister, Jawaharlal Nehru on 8–9 November 1952. So far 57 meetings had been held. The 57th Meeting of National Development Council was held on 27 December 2012 at Vidhan Bhavan, New Delhi.
Objectives
It has been set up with four objectives
1. to secure cooperation of the states in the execution of the plan
2. to strengthen and mobilize the effort and resources of the nation in support of the Plan
3. to promote common economic policies in all vital spheres and
4. to ensure the balanced and rapid development of all parts of the country.

Functions
The functions of the Council are
1. to prescribe guidelines for the formulation of the National Plan, including the assessment of resources for the Plan;
2. to consider the National Plan as formulated by the NITI Aayog;
3. to make an assessment of the resources that are required for implementing the Plan and to suggest measures for augmenting them.
4. To consider important questions of social and economic policy affecting national development; and
5. to review the working of the Plan from time to time and to recommend such measures as are necessary for achieving the aims and targets set out in the National Plan.
6. To recommend measures for achievement of the aims and targets set out in the national Plan.
2. National Human Right Commission

The National Human Rights Commission (NHRC) of India was established on 12 October, 1993. The statute under which it is established is the Protection of Human Rights Act (PHRA), 1993 as amended by the Protection of Human Rights (Amendment) Act, 2006.
It is in conformity with the Paris Principles, adopted at the first international workshop on national institutions for the promotion and protection of human rights held in Paris in October 1991, and endorsed by the General Assembly of the United Nations by its Regulations 48/134 of 20 December, 1993.
The NHRC is an embodiment of India’s concern for the promotion and protection of human rights.
Section 2(1)(d) of the PHRA defines Human Rights as 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.

Functions
The Protection of Human Rights Act mandates the NHRC to perform the following functions:
i. proactively or reactively inquire into violations of government of India human rights or negligence in the prevention of such violation by a public servant
ii. by leave of the court, to intervene in court proceeding relating to human rights
iii. make recommendations about granting relief to the victims and their families.
iv. review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation
v. review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures
vi. to study treaties and other international instruments on human rights and make recommendations for their effective implementation
vii. undertake and promote research in the field of human rights
viii. engage in human rights education among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means
ix. encourage the efforts of NGOs and institutions congress to working in the field of human rights.
x. such other function as it may consider it necessary for the protection of human rights.
xi. requisitioning any public record or copy thereof from any court or office.
Composition

The NHRC consists of:
i. A Chairperson, should be retired [Chief Justice of India or a judge of the Supreme Court]
(through GoI mulling appointment of retired SC Judges as chairperson)
ii. One member who is, or has been, a Judge of the Supreme Court of India
iii. One member who is, or has been, the Chief Justice of a High Court
iv. Three members to be appointed from among persons having knowledge of, or practical experience in, matters relating to human rights, one of which is to be a woman.
v. In addition, the Chairpersons of four National Commissions (Scheduled Castes, Scheduled Tribes, Women and Minorities) serve as ex officio members.
The sitting Judge of the Supreme Court or sitting Chief Justice of any High Court can be appointed only after the consultation with the Chief Justice of Supreme Court.

3. Central Information Commission
The Central Information Commission has been constituted with effect from 12-10-2005 under the Right to Information Act, 2005. The jurisdiction of the Commission extends over all Central Public Authorities. The Commission has certain powers and functions mentioned in sections 18, 19, 20 and 25 of the RTI Act, 2005.These broadly relate to adjudication in second appeal for giving information; direction for record keeping, suo motu disclosures receiving and enquiring into a complaint on inability to file RTI etc;imposition of penalties and Monitoring and Reporting including preparation of an Annual Report. The decisions of the Commission are final and binding.
The Commission includes 1 Chief Information Commissioner (CIC) and not more than 10 Information Commissioners (IC) who are appointed by the President of India. The first Chief Information Commissioner of India was Wajahat Habibullah. The present Chief Information Commissioner of India is Sudhir Bhargava
CIC and members are appointed by the President of India on the recommendation of a committee consisting of—Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha; a Union Cabinet Minister to be nominated by the Prime Minister. There are two woman who became CIC till now first is Ms Deepak Sandhu (4th CIC) and Second Ms Sushma Singh(5th CIC)

4. Central Bureau of Investigation
The Central Bureau of Investigation (CBI) is the premier investigating agency of India. Operating under the jurisdiction of the Ministry of Personnel, Public Grievances and Pensions, the CBI is headed by the Director. The agency has been known to investigate several economic crimes, special crimes, cases of corruption and other high-profile cases.
The CBI headquarters are located in CGO Complex, near Jawaharlal Nehru Stadium in New Delhi.
Rishi Kumar Shukla is the current director of the CBI.

The founding director of the CBI was D. P. Kohli, who held the office from 1 April 1963 to 31 May 1968.

The CBI is headed by a Director, an IPS officer with a rank of Director General of Police. The director is selected by a high-profile committee constituted under The Delhi Special Police Establishment (DSPE) Act, 1946  as amended through The Lokpal and Lokayuktas Act, 2013, and has a two-year term. Other ranks in the CBI which may be staffed by the IRS(Indian Revenue Service) officer and the IPS are Special Director, Additional Director, Joint Director, Deputy Inspector General of Police, Senior Superintendent of Police, Superintendent of Police, Additional Superintendent of Police, Deputy Superintendent of Police. Inspector, Sub-Inspector, Assistant Sub-Inspector, Head constable, Constable which are recruited through SSC or through deputation from Police, Income Tax Department and Customs Department. CBI is exempted from the provisions of the Right to Information Act. This exemption was granted by the government on 9 June 2011 (with similar exemptions to the National Investigating Agency (NIA), the Directorate General of Income Tax Investigation and the National Intelligence Grid (Natgrid)) on the basis of national security. It was criticized by the Central Information Commission and RTI activists, who said the blanket exemption violated the letter and intent of the RTI Act. The exemption was upheld in Madras High Court.

5. Lokpal and Lokayuktas
The Lokpal and Lokayuktyas Act was passed in 2013 with amendments in parliament, following the Jan Lokpal movement led by Anna Hazare in 2011.The ‘Lokpal’ is the central governing body that has jurisdiction over all members of parliament and central government employees in case of corruption. Whereas, the ‘Lokayukta’ is similar to the Lokpal, but functions on a state level. Scope of the ‘Lokpal’ is based on a national government level basis and the scope of the ‘Lokayukta’ relied on a state level. The main function is to address complaints of corruption, to make inquiries, investigations, and to conduct trials for the case on respective state and central government with having responsibility to help in curbing the corruption in the central and state government.
As of March 2019, and ever since the related Act of Parliament was passed in India. Retired Supreme Court judge Pinaki Chandra Ghose is appointed as the first Lokpal of India by a committee consisting of Prime Minister Narendra Modi and Chief Justice of India Ranjan Gogoi and Loksabha speaker Sumitra Mahajan on 23 March 2019 wheareas the members are appointed w.e.f 27 March 2019

Maharashtra was the first state to introduce the institution of Lokayukta through The Lokayukta and Upa-Lokayuktas Act in 1971. This was followed by similar acts that were enacted by the states of Odisha, Rajasthan, Bihar, Uttar Pradesh, Karnataka, Madhya Pradesh, Andhra Pradesh, Gujarat, Kerala, Tamil Nadu and the union territory of Delhi.
The Maharashtra Lokayukta is considered the weakest Lokayukta due to lack of powers, staff, funds and an independent investigating agency. On the other hand, the Karnataka Lokayukta is considered the most powerful Lokayukta in the country.
There are no Lokayuktas in Jammu and Kashmir, Manipur, Puducherry, Sikkim, Telangana and Tripura . Lokayukta was established in Tamil Nadu On 9 July 2018, the Arunachal Pradesh assembly passed a Lokayukta bill. On 28 February 2019, the Mizoram assembly passed a Lokayukta Bill.

7. NITI Aayog
The National Institution for Transforming India, also called NITI Aayog, was formed via a resolution of the Union Cabinet on January 1, 2015. 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.

The Government of India, in keeping with its reform agenda, constituted the NITI Aayog to replace the Planning Commission instituted in 1950. This was done in order to better serve the needs and aspirations of the people of India. An important evolutionary change from the past, NITI Aayog acts as the quintessential platform of the Government of India to bring States to act together in national interest, and thereby fosters Cooperative Federalism.

At the core of NITI Aayog’s creation are two hubs – Team India Hub and the Knowledge and Innovation Hub. The Team India Hub leads the engagement of states with the Central government, while the Knowledge and Innovation Hub builds NITI’s think-tank capabilities. These hubs reflect the two key tasks of the Aayog.
The Prime Minister is the Ex-officio chairman. The permanent members of the governing council are all the state Chief Ministers, along with the Chief Ministers of Delhi and Puducherry, the Lieutenant Governor of Andaman and Nicobar, and a vice chairman nominated by the Prime Minister. In addition, temporary members are selected from leading universities and research institutions. These members include a chief executive officer, four ex-official members and two part-time members.
The first meeting of NITI Aayog was chaired by Narendra Modi on 8 February 2015.
Functions
i. To evolve a shared vision of national development priorities sectors and strategies with the active involvement of States in the light of national objectives.
ii. To foster cooperative federalism through structured support initiatives and mechanisms with the States on a continuous basis, recognizing that strong States make a strong nation.
iii. To develop mechanisms to formulate credible plans at the village level and aggregate these progressively at higher levels of government.
iv. To ensure, on areas that are specifically referred to it, that the interests of national security are incorporated in economic strategy and policy.
v. To pay special attention to the sections of our society that may be at risk of not benefiting adequately from economic progress.
vi. To design strategic and long term policy and programme frameworks and initiatives, and monitor their progress and their efficacy. The lessons learnt through monitoring and feedback will be used for making innovative improvements, including necessary mid-course corrections.
vii. To provide advice and encourage partnerships between key stakeholders and national and international like-minded Think tanks, as well as educational and policy research institutions.
viii. To create a knowledge, innovation and entrepreneurial support system through a collaborative community of national and international experts, practitioners and other partners.
ix. To offer a platform for resolution of inter-sectoral and inter departmental issues in order to accelerate the implementation of the development agenda.
x. To maintain a state-of-the-art Resource Centre, be a repository of research on good governance and best practices in sustainable and equitable development as well as help their dissemination to stake-holders.
xi. To actively monitor and evaluate the implementation of programmes and initiatives, including the identification of the needed resources so as to strengthen the probability of success and scope of delivery.
xii. To focus on technology upgradation and capacity building for implementation of programmes and initiatives.
xiii. To undertake other activities as may be necessary in order to further the execution of the national development agenda, and the objectives mentioned above.
8. State Information Commission
The State Information Commission will be constituted by the State Government through a Gazette notification. It will have one State Chief Information Commissioner (SCIC) and not more than 10 State Information Commissioners (SIC) to be appointed by the Governor.

The Right to Information Act, 2005 provides for the creation of State Information Commission at the State level.

Composition of State Information Commission

The Commission consists of a State Chief Information commissioner and ten State Information Commissioners. They are appointed by the Governor on the recommendation of the committee consisting of the Chief Minister as Chairperson, the Leader of the Opposition in the Legislative Assembly and a state Cabinet Minister nominated by the Chief Minister. They should be person of eminence in public life and should not hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
The State Chief Information Commissioner and a State Information Commissioner hold office for a term of 5 years or until they attain the age of 65 years, whichever is earlier. They are not eligible for reappointment.
9. State Human Right Commission
A State Government may constitute a body known as the Human Rights Commission of that State to exercise the powers conferred upon, and to perform the functions assigned to, a State Commission. In accordance to the amendment brought in TPHRA(the Protection of Human Rights Act) 1993.
It shall inquire into violation of human rights in respect of matters specified in state list and concurrent list. But if NHRC or any other statutory commission has already inquired then the SHRC doesn’t investigate into it. Objectives and duties are same as NHRC.
It has chairman and two members. Chairman should be retired chief justice of HC and members should be a serving or retired judge of HC or district judge with 7 years experience and a person of knowledge or practical experience in field of human rights.
The Chairperson and members of the SHRC are appointed by the Governor, on the recommendation of a committee consisting of:

• The Chief Minister (chairperson)
• The Home Minister
• The Leader of the Opposition in the legislative council
• The Leader of the Opposition in the legislative assembly
• The Speaker of the legislative assembly
• The Chairman of the legislative council

A sitting judge of HC or sitting district judge can be appointed only after recommendations of CJ of high court. Once the members cease to occupy office they aren’t eligible for any appointment under central or state government. Members are eligible for reappointment subject to age criteria. Term is 70 yrs of age or 5 years.

Removal

Removal is done by president on grounds of bankruptcy, unsound mind, infirmity of body or mind, sentenced to imprisonment for a crime, or engages in paid employment.

He can also be removed for proved misbehaviour or incapacity if SC inquiry finds him guilty. They can resign by writing to governor.

Powers
The commission has the power of a civil court and can take cognizance of cases if received within one year of occurrence.

It can recommend compensation to victim, prosecution of accused. But such recommendations aren’t binding.

It submits special or annual reports to state legislatures along with action taken on their recommendations and reasons for non acceptance of advice.
20 States have constituted State Human Rights Commissions. These are Andhra Pradesh, Assam, Bihar, Chhattisgarh, Gujarat, Himachal Pradesh, Jammu & Kashmir, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Odisha, Punjab, Rajasthan, Sikkim, Tamil Nadu, Uttar Pradesh and West Bengal.

8 States have not constituted the State Human Rights Commissions. These are Arunachal Pradesh, Goa, Haryana, Meghalaya, Mizoram, Nagaland, Tripura and Uttarakhand.

10. Central Vigilance Commission
Central Vigilance Commission (CVC) is an apex Indian governmental body created in 1964 to address governmental corruption. In 2003, the Parliament enacted a law conferring statutory status on the CVC. It has the status of an autonomous body, free of control from any executive authority, charged with monitoring all vigilance activity under the Central Government of India, advising various authorities in central Government organizations in planning, executing, reviewing and reforming their vigilance work.
It was set up by the Government of India Resolution on 11 February 1964, on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam Committee, to advise and guide Central Government agencies in the field of vigilance.Nittoor Srinivasa Rau, was selected as the first Chief Vigilance Commissioner of India.
The Annual Report of the CVC not only gives the details of the work done by it but also brings out the system failures which leads to corruption in various Departments/Organisations, system improvements, various preventive measures and cases in which the Commission’s advises were ignored etc.
The Commission shall consist of:
• A Central Vigilance Commissioner – Chairperson;
• Not more than two Vigilance Commissioners – Members;
Role
The CVC is not an investigating agency.
The only investigation carried out by the CVC is that of examining Civil Works of the Government which is done.
Corruption investigations against government officials can proceed only after the government permits them. The CVC publishes a list of cases where permissions are pending, some of which may be more than a year old.

Removal
The Central Vigilance Commissioner Shri Swapnil Berde has stated that or any Vigilance Commissioner can be removed from his office only by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Central Vigilance Commissioner or any Vigilance Commissioner, as the case may be, ought to be removed. The President may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the Central Vigilance Commissioner or any Vigilance Commissioner in respect of whom a reference has been made to the Supreme Court until the President has passed orders on receipt of the report of the Supreme Court on such reference. The President may, by order, remove from office the Central Vigilance Commissioner or any Vigilance Commissioner if the Central Vigilance Commissioner or such Vigilance Commissioner, as the case may be:
• is adjudged an insolvent; or
• has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
• engages during his term of office in any paid employment outside the duties of his office; or
• is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or
• has acquired such financial or other interest as is likely to affect prejudicially his functions as a Central Vigilance Commissioner or a Vigilance Commissioner.

Organisation
The CVC is headed by a Central Vigilance Commissioner who is assisted by two Vigilance Commissioners.

The Central Vigilance Commission has its own Secretariat, Chief Technical Examiners’ Wing (CTE) and a wing of Commissioners for Departmental Inquiries (CDI).

As on 21 March 2012, CVC has a staff strength of 257 against sanctioned strength of 299 (including the post of CVC and 2 VCs)