Non-Constitutional Bodies
● A non-constitutional body is an organisation or institution which is not mentioned in the
Constitution of India.
● Unlike a Constitutional Body, a non-constitutional body does not derive its powers from the
Indian Constitution.
● Usually, a non-constitutional body derives in powers from corresponding laws passed by the
Indian Parliament.
● There are also non-constitutional bodies that derive power based on Indian Government Orders
(Executive Resolution).
Non-constitutional bodies can be broadly classified into two –
1. Statutory Bodies
2. Non-Statutory Bodies.
● Statutory Bodies – They get the power from a statute (ie an Act enacted by the Legislature). Eg:
National Investigation Agency (NIA), National Human Rights Commission (NHRC), Lokpal and
Lokayukta etc.
● Non-Statutory Bodies – They usually get the power from an Executive order. Eg: NITI Aayog,
National Development Council (NDC) etc
Statutory Bodies can be further classified into two based on their roles and responsibilities. They are:
➢ Regulatory Bodies
➢ Quasi-Judicial Bodies.
➢ Regulatory Bodies – A regulatory body is a government agency that is accountable for
exercising autonomous authority over some area of human activity in a regulatory or supervisory
capacity. However, their regulatory interventions are outside executive observation. Eg:
Biodiversity Authority of India (BAI), Pension Fund Regulatory and Development Authority
(PFRDA) etc.
➢ Quasi-Judicial Bodies – Quasi-Judicial bodies are non-judicial bodies like Commissions or
Tribunals which can interpret the law. They are different from judicial bodies in that their field is
limited compared to a court. Eg: National Green Tribunal, National Human Rights Commission,
Central Information Commission.
NHRC or National Human Rights Commission
NHRC or National Human Rights Commission is an independent statutory body that is the watchdog of
human rights in India. National Human Rights Commission, abbreviated as NHRC, was launched on
October 12, 1993, under the decree of the Protection of Human Rights Act 1993.
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Composition of NHRC
● Although the NHRC is a non-constitutional body, it is composed of dignified members.
● The NHRC Composition includes a chairperson along with 12 other working members. Also,
these 12 NHRC Members are divided into two sections: five full-time members and seven
deemed Members.
● The Chairperson is the retired CJI.
Appointment of NHRC Members
● There are set norms that need to be followed to be appointed as a member of the National Human
Rights Commission. NHRC members are represented by a selection committee recommending
candidates to the president of India.
● The selection committee for the appointment of NHRC members is curated very wisely as the
commission plays an important role in the advancement of the country. This selection committee
includes:
➢ Prime Minister
➢ Lok Sabha Speaker
➢ Deputy Chairman of the Rajya Sabha
➢ Home Minister
➢ The opposition leader in both houses
Removal of the NHRC Members
● The NHRC chairperson and other members of the NHRC are appointed for 5 years or the age of
70 years.
● However, these members or the chairperson can be removed from power immediately if found
with the charges of misbehavior or incapable if proven guilty by the inquiry set by the supreme
court of India.
● The President of India does the removal of NHRC members if the concerned person is found
suspected on the grounds of bankruptcy and sound mind infirmary of body or mind.
● They can be sentenced to imprisonment or monetary punishments.
Functions of National Human Rights Commission
● Broadly, the functions of the National Human Rights Committee (NHRC) are to file and enquire
about complaints of violations of human rights and to take action against such problems.
● The NHRC has the authority to intervene in any case where there has been a complaint of a
violation of human rights. It is authorized to investigate cases related to violations of human
rights.
● As a result, the NHRC is authorized to inspect the living conditions of prisoners in any of a state’s
jails or prisons;
● The NHRC also oversees awareness campaigns and promotes the value of literacy through
advertisements in various media outlets;
➢ The NHRC can also recommend suggestions or steps to the government of India to protect
the living standards of human beings and prevent the violation of human rights. This can
be applied to both central and state governments;
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➢ The NHRC is also required to submit an annual report to the President of India, which is
then presented to the Lok Sabha and Rajya Sabha.
NHRC also looks into the issues related to:
● Manual scavenging
● Sexual Assault
● Illegal encounters and extrajudicial killings
● Child labour
● Child marriage
● LGBTQ issues
● Labour rights
● Custodial torture of the prisoners
● Arbitrary arrest and mental harassment
● Discrimination against women and children
National Green Tribunal.
● It is a specialized judicial body set up under the National Green Tribunal Act 2010.
● It was introduced for the effective and expeditious disposal of cases related to the protection of
forests, the environment, and natural resources.
Composition
● The NGT comprises the Chairman, the Judicial Members, and Expert Members.
● All these members are required to hold the office for five years, and they are not eligible for
reappointment.
● NGT chairman is appointed by the Central Government of India in accordance with the Chief
Justice of India.
● The National Green Tribunal Members are appointed through a selection committee that is
formed by the central government of India.
● The NGT is headed by the Chairperson, who sits at the Principal Bench and has 10-20 judicial
and a similar number of expert members.
Functions of National Green Tribunal
The NGT has evolved over the past few years as a prime regulatory institution for protecting and
conserving the environment and has passed strict judgments on pollution, deforestation, waste
management, etc. Some of the major functions of the National Green Tribunal include:
● National Green Tribunal ensures the strict observation of the Environment Impact Assessment
(EIA) process.
● It provides relief and compensation for any damages caused to persons and properties.
● The NGT adjudicates civil suits under the following environmental laws:
➢ Water Act (Prevention and Control of Pollution), 1974
➢ Water Cess Act (Prevention and Control of Pollution), 1977
➢ Forest Act (Conservation), 1980
➢ Air Act (Prevention and Control of Pollution), 1981
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➢ Environment (Protection) Act, 1986
➢ Public Liability Insurance Act, 1991
➢ Biological Diversity Act, 2002
National Investigation Agency (NIA)
● National Investigation Agency is a statutory body established by the National Investigation
Agency Act 2008. It was established in 2009 after the 26/11 Mumbai attacks and has come up as
one of the finest agencies to investigate terror-related incidents.
● National Investigation Agency has the mandate to investigate offenses that challenge the nation’s
sovereignty and integrity, such as bomb blasts, hijacking of aircraft and ships, attacks on nuclear
installations, and smuggling etc.
Composition
Since March 31st, 2024, Shri Sadanand Vasant Date has been the organization’s director-general. All other
officers of the NIA are drawn from the Indian Police Service and Indian Revenue Service.
Functions of the National Investigation Agency
National Investigation Agency is constituted to investigate and prosecute offenses under the various acts
mentioned in the NIA Act Schedule. Along with that, it also shares important and confidential pieces of
information with other security agencies like RAW and law enforcement units. Following are functions of
National Investigation Agency:
● Investigation of terrorist activities: The NIA is responsible for investigating and prosecuting
terrorist activities across the country.
● Counter-terrorism operations: The agency conducts counter-terrorism operations to prevent
and deter terrorist acts.
● International cooperation: The NIA collaborates with international law enforcement agencies to
combat transnational terrorism.
● Money laundering and financing of terrorism: The NIA investigates cases related to money
laundering and the financing of terrorist activities.
● Witness protection: The agency ensures the safety and security of witnesses involved in
terrorism- related cases.
● Capacity building: The NIA focuses on building the capacity of law enforcement agencies and
enhancing their skills to effectively combat terrorism.
NIA Amendment Act, 2019
● The National Investigation Agency Amendment Act 2019 provided the provision that NIA is also
applied to persons who commit a scheduled offense outside India against Indian citizens or affect
the interests of India.
● The NIA Amendment provided that, in connection with the investigation of offenses, NIA
officers would have the same powers, duties, and liabilities as police officers in India or abroad.
● It empowers the central government to direct the National Investigation Agency to investigate a
scheduled offense that was committed outside India and treat it as if it had taken place in India.
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● It has the provision that the central and state governments designate the session court as a special
court for trialing offenses under the National Investigation Act.
● It inserted certain new offenses into the NIA Act schedule.
The Reserve Bank of India
● The Reserve Bank of India was established on April 1, 1935 in accordance with the provisions of
the Reserve Bank of India Act, 1934.
● The Reserve Bank's affairs are governed by a central board of directors. The board is appointed
by the Government of India in keeping with the Reserve Bank of India Act.
● The directors are appointed/nominated for a period of four years.
Composition
Official Directors (central board of directors)
● Full-time: Governor and not more than four Deputy
Governors
● Shri Shaktikanta Das is the present Governor of RBI
Non-Official Directors
Nominated by Government: ten Directors from various fields and two government Official
Others: four Directors - one each from four local boards (regional)
Functions of the RBI
● It implements and monitors the monetary policy and ensures price stability while keeping in mind
the objective of growth.
● Prescribes broad parameters of banking operations within which the country's banking and
financial system functions such as issuing licenses, branch expansion, liquidity of assets,
amalgamation of banks etc.
● Manages the Foreign Exchange reserves of India.
● It also maintains external value of rupee.
● Issues and exchanges or destroys currency and coins not fit for circulation.
● Objective: to give the public adequate quantity of supplies of currency notes and coins and in
good quality.
● Commercial banks lend loans to small-scale industrial units as per the directives (Priority Sector
Lending) issued by the Reserve Bank of India time to time.
National Commission for Minorities
The National Commission for Minorities (NCM) was established by the Union Government under the
National Commission for Minorities Act 1992. Muslims, Christians, Sikhs, Buddhists, Zoroastrians
(Parsis), and Jains are six religious communities that were designated as minority communities by the
Union Government in India's Gazette but later in 2014, the Jains were also added in this list.
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Composition
The National Commission for Minorities consist of
● Chairperson (current chairperson: Shri Iqbal Singh Lalpura
● Vice-Chairperson
● Five members (Nominated by the central government amongst a person of eminence, ability, and
integrity).
● Note: All five members including the chairperson shall be among the minority communities.
● The Chairperson or a member can resign from the office by writing to the Central Government.
● TERM: Chairperson and every Member shall hold an office for a term of three years from the
date he assumes office.
Functions
● Assessing the growth and development of minorities under Union and State.
● Monitoring the working of safeguards provided by the constitution, union and state laws.
● Recommending Union and State Government regarding Implementation of Safeguards for the
minorities.
● Address the complaints regarding deprivation of rights of minorities and take up such matters
with the rightful authorities.
● Conduct research and analyze issues relating to the socio-economic and educational development
of minorities.
● Present a periodic report to the central government on any matter of minority.
Limitations
● It does not have the status of a constitutional body hence has fewer powers and autonomy as
compared to the National Commission for SC and ST.
● It does not have the power to participate and advise on the planning process of the Socioeconomic
and educational development of Minorities.
● Recommendations of the Commission are not binding on the Union and states. Further, the reason
for the non-acceptance of such recommendations is not even communicated with the commission.
● It has become a toothless tiger as it has no power to conduct independent enquiries.
● Decisions of the commission can be overturned by the District and High court.
University Grants Commission
The University Grants Commission is a statutory organization established by an Act of Parliament in
1956 to provide funds to universities and coordinate, determine & maintain the ethics in institutions of
higher education.
Composition
The Commission shall consists of a Chairman, a Vice-Chairman, and 10 other members appointed by the
Central Government.
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Tenure
● Chairman: 5 years or until he attains the age of 65 years, whichever is earlier.
● Vice-Chairman: 3 years or until he attains the age of 65 years, whichever is earlier.
● Other member: 3 years.
Powers and Functions
● Promotion and coordination of university education: It shall be the Commission's duty to take all
such steps as it deems necessary, in consultation with the Universities or other bodies concerned,
for the promotion and coordination of university education.
● Determination and maintenance of standards of teaching, examination, and research in
universities, and for the purpose of carrying out its functions under this Act, the Commission
may:
➢ Look at the budgetary requirements of universities;
➢ Assign and disburse grants to Universities founded or incorporated by or under a Central
Act for the maintenance and growth of such Universities;
➢ Allocate and disburse, from the Commission's Fund, such grants to other Universities as it
may deem necessary or appropriate for the development of such Universities.
● It confers recognition to Indian universities.
● Recommend to any university the steps that must be taken to strengthen university education, and
advise the university on the steps that must be done to carry out such recommendations;
● Advise the Central Government or any State Government on the allocation of any grants to
Universities from the Consolidated Fund for any general or specific purpose.
● It establishes and strengthens educational basic criteria.
● It sets criteria for exams like the ICAR NET, UGC NET, and CSIR NET.
● The CAG shall audit the Commission's accounts at such times and in such a way as he deems
appropriate.
● It is the duty of the Commission to prepare an annual report once every year which shall be laid
down by the Central Government before both Houses of Parliament.
Bar Council Of India
● The Indian Bar Council is a statutory body established by Parliament to regulate and represent the
Indian legal profession.
● It was founded in 1961 under Section 4 of the Advocates Act.
● It regulates the bar by establishing norms of professional conduct and exercising disciplinary
authority over the members.
● Concerned Ministry: The Ministry of Law and Justice is responsible for the Bar Council of India.
Bar Council Of India - Composition
● Each Bar Council shall have a Chairman and Vice-Chairman elected by the Council in the
manner prescribed by law.
● The Attorney General of India and the Solicitor General of India who are ex officio members.
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Every Bar Council shall consist of 15 members:
● One shall be the Advocate-General;
● Four shall be those nominated by the High Court, not more than two of whom may be High Court
Judges; and
● Ten shall be elected by the High Court's advocates from among their number.
● Eligibility: Not less than five elected members of each Bar Council must have been entitled to
practise in the High Court for which the Bar Council was formed for at least ten years.
Tenure of Chairperson and Members of Council
● The nominated and elected members of any such Bar Council shall serve for three years from the
date of the Council's first meeting.
● No member of the Bar Council of India has the right to withdraw from membership for reasons
that are not regarded genuine.
Disqualification of the member
● If an elected member of a Bar Council have missed three consecutive meetings of that Council
without sufficient excuse.
● If his name is removed from the roll of advocates for any reason.
● If he is otherwise disqualified under any rule made by the Bar Council of India.
Functions
● To establish guidelines for advocates' professional conduct and decorum.
● To protect advocates' rights, privileges, and interests.
● To encourage and assist the reform of the legal system.
● To deal with and resolve any problem that a State Bar Council may refer to it.
● To promote legal education and establish legal education standards. This is done in collaboration
with Indian universities that offer legal education as well as state bar councils.
● To organize poor people's legal aid.
● To manage and invest the Bar Council's funds.
● The Bar Council of India can also set up funds for providing financial support for welfare
initiatives for the destitute, disabled, and other advocates, providing legal aid, and establishing
law libraries.
Lokpal and Lokayuktas
● There is a lengthy history between the Lokpal and the Lokayukta. The Lokpal and
Lokayukta principles are not unique to India.
● L.M. Singvi coined the term Lokpal in 1963. It comes from a Sanskrit term that means
"protector of people."
● The LokPal Bill was introduced eight times in parliament but never passed.
● In 1971, Maharashtra became the first Indian state to establish a Lokayukta to oversee
corruption in various agencies.
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Commission and Movements which Recommended for Establisment of Lokpal and
Lokayuktas
● In 1966, the First Administrative Reforms Commission advocated the establishment of
two independent authorities, one at the national level and the other at the state level, to
investigate complaints against public officials, including MPs. Morarji Desai was in
charge of this commission.
● In 2002, the Commission to Review the Working of the Constitution, chaired by Shri
M.N. Venkatachiliah, suggested that the Prime Minister be excluded from the authority's
purview.
● In 2005, the 2nd ARC, chaired by Shri Veerappa Moily, proposed that the Lok Pal office
be established as soon as possible.
● In 2011, the well-known Anna Movement for Lokpal was launched.
Timeline of Lokpal and Lokayukta Act, 2013
● In 2013, both houses of Parliament enacted the Lokpal and Lokayuktas Bill, 2011.
● The Lokpal and Lokayuktas Act, 2013, went into effect on January 16, 2014.
● On March 19, 2019, Justice (Retd) Pinaki Chandra Ghose was appointed as India's first
Lokpal, along with eight judicial and non-judicial members.
● The Lokpal and Lokayuktas Act 2013 aims to create the institutions of the Lokpal at the
federal level and the Lokayukta at the state level, creating a unified vigilance system and
anti-corruption road map for the country at both the federal and state levels.
Composition & Eligibility of Lokpal and
Lokayukta Composition:
● The Lokpal panel must have a chairperson and a maximum of eight members, according
to the Act.
● Four of them must be judicial members.
Eligibility
Chairperson of Lokpal: A person must have served as Chief Justice of India, a Supreme Court
judge, or a distinguished person with special knowledge and expertise in the areas of anti-
corruption policy, public administration, vigilance, finance, law, and management for at least
twenty-five years.
Lokpal Judicial Member: The applicant must have served as a judge on the Supreme Court or
as the Chief Justice of the High Court.
Other Lokpal Members: Eminent persons with at least twenty-five years of specific knowledge
and competence in anti-corruption policy, public administration, vigilance, finance, law, and
management.
At least half of the Lokpal members must be from Scheduled Castes, Scheduled Tribes, Other
Backward Classes, minorities, and women.
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For the position of Lokayukta: A former Chief Justice of the High Court or a former Supreme
Court judge normally serves as the Lokayukta.
Term of Office of the Members of Lokpal and Lokayukta
The President of India appoints the Chairperson and Members by warrant under his hand and
seal, and they serve for a period of five years from the date of their appointment or until they
reach the age of 70, whichever is earlier.
Function and Jurisdiction of Lokpal and Lokayukta
● Investigate: Anyone who is or has been Prime Minister, a Minister in the Union
government, or a Member of Parliament, as well as officers of the Union Government are
eligible to be investigated by the Lokpal.
● If the allegations against the Prime Minister are related to foreign relations, external and
internal security, public order, atomic energy, or space, the Lokpal cannot investigate.
● Also, complaints against the Prime Minister will not be investigated until the complete
Lokpal bench recommends launching an investigation and at least two-thirds of the
members accept it.
● If an investigation into the Prime Minister is underway, it should be conducted in secret.
If the Lokpal decides that the complaint should be rejected, the investigation's documents
are not to be published or made available to the public.
● Lokpal is also applied to the chairpersons, members, executives, and directors of any
board, corporation, society, trust, or autonomous organization created by an Act of
Parliament and supported entirely or partially by the Union or State governments. It also
applies to any society, trust, or body that accepts a foreign gift of more than ten lakh
rupees.
● The Lokpal has the authority to recommend the transfer or suspension of a public official
who has been accused of corruption.
● Supervise and Instruct: For cases submitted to them, the Lokpal will have the authority
to supervise and instruct any central investigating agency, including the CBI.
NITI Aayog
● The Government of India constituted NITI Aayog on 1 January 2015 to envisage the vision of
“Maximum Governance, Minimum Government”.
● It replaced the Planning Commission, which had been instituted in 1950. This step was taken to
better serve the needs and aspirations of the people.
● The Planning Commission was established as a body to direct investment activity in a country.
● The Planning Commission of India had two major responsibilities: to implement the five-year
plan and to offer financial assistance to the state.
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● An important evolutionary change, NITI Aayog acts as the platform of the Government of India
to bring the States to act together in national interest, and thereby fosters cooperative federalism.
Composition of NITI Aayog
● The Prime Minister is the ex-officio Chairman of the Aayog.
● A full-time organizational setup consists of a Vice-Chairperson. (Current Vice Chairmen:
Suman Bery)
● Three full-time members.
● Two part-time members from leading Universities or Research Organisations.
● Four ex-officio members of the Union Council of Ministers which is to be nominated by the
Prime Minister.
● A Chief Executive Officer with the rank of Secretary to the Government of India who looks after
administration. (Current CEO : B.V.R. Subrahmanyam)
● A Secretariat as deemed necessary.
● The Governing Council includes Chief Ministers of all States and Lt. Governors/Administrators
of the Union Territories.
Objective and Functions
● NITI Aayog allow States to deepen their policy engagement with the Central Government.
● NITI Aayog is meant to serve as a state-of-the-art resource centre for research on policy
innovations, propagate a culture of high-quality monitoring and evaluation as well as promote
collaboration between policymakers and researchers.
● In a paradigmatic shift from the command and control approach of the past, NITI Aayog
accommodates diverse points of view in a collaborative, rather than confrontation, setting. In the
spirit of federalism, NITI’s own policy thinking is shaped by a bottom-up approach rather than a
top-down model.
● Need for NITI Aayog: The majority of the criticism directed at the planning commission was
that it imposed its development strategy on nations without their active participation and without
taking into account their social and economic differences. The planning commission adopted a
one-size- fits-all answer.
● Aim of NITI Aayog: Promoting the involvement of Indian state governments in the economic
policy-making process via a bottom-up strategy to accomplish Sustainable Development Goals
and strengthen cooperative federalism.
● NITI Aayog is based on the seven pillars of effective governance.
➢ Pro-people: it fulfills the aspirations of society as well as individuals
➢ Pro-activity: in anticipation of and response to citizen needs
➢ Participation: involvement of the citizenry
➢ Empowering: Empowering, especially women in all aspects.
➢ Inclusion of all: inclusion of all people irrespective of caste, creed, and gender
➢ Equality: Providing equal opportunity to all especially for youth
➢ Transparency: Making the government visible and responsive
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