NITI Aayog

COMPOSITION

The composition of the NITI Aayog is as follows:

• Chairperson: The Prime Minister of India
• Governing Council: It comprises the Chief Ministers of all the States, Chief Ministers of Union Territories with Legislatures (i.e., Delhi and Puducherry) and Lt. Governors of other Union Territories.
• Regional Councils: These are formed to address specific issues and contingencies impacting more than one state or a region. These are formed for a specified tenure. These are convened by the Prime Minister and comprises of the Chief Ministers of States and Lt. Governors of Union Territories in the region. These are chaired by the Chairperson of the NITI Aayog or his nominee.
• Special Invitees: Experts, specialists and practitioners with relevant domain knowledge as special invitees nominated by the Prime Minister.
• Full-time Organisational Framework: It comprises, in addition to the Prime Minister as the Chairperson:
• Vice-Chairperson: He is appointed by the Prime Minister. He enjoys the rank of a Cabinet Minister.
• Members: Full-time. They enjoy the rank of a Minister of State.
• Part-time Members: Maximum of 2, from leading universities, research organisations and other relevant institutions in an ex-officio capacity. Part-time members would be on a rotation.
• Ex-Officio Members: Maximum of 4 members of the Union Council of Ministers to be nominated by the Prime Minister.
• Chief Executive Officer: He is appointed by the Prime Minister for a fixed tenure, in the rank of Secretary to the Government of India.
• Secretariat: As deemed necessary.

OBJECTIVES

The objectives of the NITI Aayog are mentioned below:

1. To evolve a shared vision of national development priorities, sectors and strategies with the active involvement of States in the light of national objectives. The vision of the NITI Aayog will then provide a framework ‘national agenda’ for the Prime Minister and the Chief Ministers to provide impetus to.
2. To foster cooperative federalism through structured support initiatives and mechanisms with the States on a continuous basis, recognising that strong States make a strong nation.
3. To develop mechanisms to formulate credible plans at the village level and aggregate these progressively at higher levels of government.
4. To ensure, on areas that are specifically referred to it, that the interests of national security are incorporated in economic strategy and policy.
5. To pay special attention to the sections of our society that may be at risk of not benefitting adequately from economic progress.
6. 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.
7. 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.
8. To create a knowledge, innovation and entrepreneurial support system through a collaborative community of national and international experts, practitioners and other partners.
9. To offer a platform for resolution of inter-sectoral and inter-departmental issues in order to accelerate the implementation of the development agenda.
10. 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.
11. 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.
12. To focus on technology upgradation and capacity building for implementation of programmes and initiatives.
13. To undertake other activities as may be necessary in order to further the execution of the national development agenda, and the objectives mentioned above.

Functions

The functions of the erstwhile Planning Commission included the following:

1. To make an assessment of material, capital and human resources of the country, and investigate the possibilities of augmenting them.
2. To formulate a plan for the most effective and balanced utilisation of the country’s resources.
3. To determine priorities and to define the stages in which the plan should be carried out.
4. To indicate the factors that retard economic development.
5. To determine the nature of the machinery required for successful implementation of the plan in each stage.
6. To appraise, from time to time, the progress achieved in execution of the plan and to recommend necessary adjustments.
7. To make appropriate recommendations for facilitating the discharge of its duties, or on a matter referred to it for advice by Central or state governments.

Composition

The following points can be noted in context of the composition (membership) of the erstwhile Planning Commission:

1. The Prime Minister of India was the chairman of the commission. He presided over the meetings of the commission.
2. The commission had a deputy chairman. He was the de facto executive head (i.e., full-time functional head) of the commission. He was responsible for the formulation and submission of the draft of Five-Year Plan to the Central cabinet. He was appointed by the Central cabinet for a fixed tenure and enjoyed the rank of a Cabinet Minister. Though he was not a member of cabinet, he was invited to attend all its meetings (without a right to vote).
3. Some Central Ministers were appointed as part-time members of the commission. In any case, the finance minister and planning minister were the ex-officio (by virtue of) members of the commission.
4. The commission had four to seven full-time expert members. They enjoyed the rank of a minister of state.
5. The commission had a member-secretary. He was usually a senior member of IAS.

National Human Rights Commission:

COMPOSITION

The commission is a multi-member body consisting of a chairman and 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. In addition to these fulltime members, the commission also has four ex-officio members—the chairmen of the National Commission for Minorities, the National Commission for SCs, the National Commission for STs and the National Commission for Women. The chairman and members are appointed by the president on the recommendations of a six-member committee consisting of the prime minister as its head, the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, leaders of the Opposition in both the Houses of Parliament and the Central home minister. Further, a sitting judge of the Supreme Court or a sitting chief justice of a high court can be appointed only after consultation with the chief justice of India. The chairman and members hold office for a term of five years or until they attain the age of 70 years, whichever is earlier. After their tenure, the chairman and members are not eligible for further employment under the Central or a state government.

The president can remove the chairman or any member from the office under the following circumstances:

• If he is adjudged an insolvent; or
• If he engages, during his term of office, in any paid employment outside the duties of his office; or
• If he is unfit to continue in office by reason of infirmity of mind or body; or
• If he is of unsound mind and stand so declared by a competent court; or
• If he is convicted and sentenced to imprisonment for an offence.

In addition to these, the president can also remove the chairman or any member on the ground of proved misbehaviour or incapacity. However, in these cases, the president has to refer the matter to the Supreme Court for an inquiry. If the Supreme Court, after the inquiry, upholds the cause of removal and advises so, then the president can remove the chairman or a member. The salaries, allowances and other conditions of service of the chairman or a member are determined by the Central government. But, they cannot be varied to his disadvantage after his appointment. All the above provisions are aimed at securing autonomy, independence and impartiality in the functioning of the Commission.

FUNCTIONS OF THE COMMISSION

The functions of the Commission are:

• To inquire into any violation of human rights or negligence in the prevention of such violation by a public servant, either suo motu or on a petition presented to it or on an order of a court.
• To intervene in any proceeding involving allegation of violation of human rights pending before a court.
• To visit jails and detention places to study the living conditions of inmates and make recommendation thereon.
• To review the constitutional and other legal safeguards for the protection of human rights and recommend measures for their effective implementation.
• To review the factors including acts of terrorism that inhibit the enjoyment of human rights and recommend remedial measures.
• To study treaties and other international instruments on human rights and make recommendations for their effective implementation.
• To undertake and promote research in the field of human rights.
• To spread human rights literacy among the people and promote awareness of the safeguards available for the protection of these rights.
• To encourage the efforts of non-governmental organisations (NGOs) working in the field of human rights.
• To undertake such other functions as it may consider necessary for the promotion of human rights.

State Human Rights Commission

COMPOSITION

The State Human Rights Commission is a multi-member body consisting of a chairperson and two members. The chairperson should be a retired Chief Justice of a High Court and members should be a serving or retired judge of a High Court or a District Judge in the state with a minimum of seven years experience as District Judge and a person having knowledge or practical experience with respect to human rights. The chairperson and members are appointed by the Governor on the recommendations of a committee consisting of the chief minister as its head, the speaker of the Legislative Assembly, the state home minister and the leader of the opposition in the Legislative Assembly. In the case of a state having Legislative Council, the chairman of the Council and the leader of the opposition in the Council would also be the members of the committee. Further, a sitting judge of a High Court or a sitting District Judge can be appointed only after consultation with the Chief Justice of the High Court of the concerned state. The chairperson and members hold office for a term of five years or until they attain the age of 70 years, whichever is earlier. After their tenure, the chairperson and members are not eligible for further employment under a state government or the Central government. Although the chairperson and members of a State Human Rights Commission are appointed by the governor, they can be removed only by the President (and not by the governor). The President can remove them on the same grounds and in the same manner as he can remove the chairperson or a member of the National Human Rights Commission.

Thus, he can remove the chairperson or a member under the following circumstances:

• If he is adjudged an insolvent; or
• If he engages, during his term of office, in any paid employment outside the duties of his office; or
• If he is unfit to continue in office by reason of infirmity of mind or body; or (d) If he is of unsound mind and stands so declared by a competent court; or
• If he is convicted and sentenced to imprisonment for an offence.

In addition to these, the president can also remove the chairperson or a member on the ground of proved misbehaviour or incapacity. However, in these cases, the President has to refer the matter to the Supreme Court for an inquiry. If the Supreme Court, after the inquiry, upholds the cause of removal and advises so, then the President can remove the chairperson or a member. The salaries, allowances and other conditions of service of the chairman or a member are determined by the state government. But, they cannot be varied to his disadvantage after his appointment. All the above provisions are aimed at securing autonomy, independence and impartiality in the functioning of the Commission.

FUNCTIONS OF THE COMMISSION

The functions of the Commission are:

• To inquire into any violation of human rights or negligence in the prevention of such violation by a public servant, either suo motu or on a petition presented to it or on an order of a court.
• To intervene in any proceeding involving allegation of violation of human rights pending before a court.
• To visit jails and detention places to study the living conditions of inmates and make recommendation thereon.
• To review the constitutional and other legal safeguards for the protection of human rights and recommend measures for their effective implementation.
• To review the factors including acts of terrorism that inhibit the enjoyment of human rights and recommend remedial measures.
• To undertake and promote research in the field of human rights.
• To spread human rights literacy among the people and promote awareness of the safeguards available for the protection of these rights.
• To encourage the efforts of non-governmental organizations (NGOs) working in the field of human rights.
• To undertake such other functions as it may consider necessary for the promotion of human rights.

Central Information Commission

The Central Information Commission was established by the Central Government in 2005. It was constituted through an Official Gazette Notification under the provisions of the Right to Information Act (2005).

Hence, it is not a constitutional body. 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 undertakings, etc., under the Central Government and the Union Territories.

COMPOSITION

The Commission consists of a Chief Information Commissioner and not more than ten Information Commissioners. They are appointed by the President on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister. They should be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. They should not be a Member of Parliament or Member of the Legislature of any State or Union Territory. They should not hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.

POWERS AND FUNCTIONS

The powers and functions of the Central Information Commission are:

1. It is the duty of the Commission to receive and inquire into a complaint from any person: (a) who has not been able to submit an information request because of non-appointment of a Public Information Officer; (b) who has been refused information that was requested; (c) who has not received response to his information request within the specified time limits; (d) who thinks the fees charged are unreasonable; (e) who thinks information given is incomplete, misleading or false; and (f) any other matter relating to obtaining information.
2. The Commission can order inquiry into any matter if there are reasonable grounds (suo-moto power).
3. While inquiring, the Commission has the powers of a civil court in respect of the following matters: (a) summoning and enforcing attendance of persons and compelling them to give oral or written evidence on oath and to produce documents or things; (b) requiring the discovery and inspection of documents; (c) receiving evidence on affidavit; (d) requisitioning any public record from any court or office; (e) issuing summons for examination of witnesses or documents; and (f) any other matter which may be prescribed.
4. During the inquiry of a complaint, the Commission may examine any record which is under the control of the public authority and no such record may be withheld from it on any grounds. In other words, all public records must be given to the Commission during inquiry for examination.
5. The Commission has the power to secure compliance of its decisions from the public authority. This includes: (a) providing access to information in a particular form; (b) directing the public authority to appoint a Public Information Officer where none exists; (c) publishing information or categories of information; (d) making necessary changes to the practices relating to management, maintenance and destruction of records; (e) enhancing training provision for officials on the right to information; (f) seeking an annual report from the public authority on compliance with this Act; (g) requiring the public authority to compensate for any loss or other detriment suffered by the applicant; (h) imposing penalties under this Act; and (i) rejecting the application.
6. The Commission submits an annual report to the Central Government on the implementation of the provisions of this Act. The Central Government places this report before each House of Parliament.
7. When a public authority does not conform to the provisions of this Act, the Commission may recommend (to the authority) steps which ought to be taken for promoting such conformity.

State Information Commission

The Right to Information Act of 2005 provides for the creation of not only the Central Information Commission but also a State Information Commission at the state level. Accordingly, all the states have constituted the State Information Commissions through Official Gazette Notifications. The State Information Commission is a high-powered independent body which interalia looks into the complaints made to it and decide the appeals. It entertains complaints and appeals pertaining to offices, financial institutions, public sector undertakings, etc., under the concerned state government.

COMPOSITION

The Commission consists of a State Chief Information Commissioner and not more than ten State Information Commissioners. They are appointed by the Governor on the recommendation of a committee consisting of the Chief Minister as Chairperson, the Leader of Opposition in the Legislative Assembly and a State Cabinet Minister nominated by the Chief Minister. They should be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. They should not be a Member of Parliament or Member of the Legislature of any State or Union Territory. They should not hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.

Powers and Functions

The powers and functions of the State Information Commission are:

8. It is the duty of the Commission to receive and inquire into a complaint from any person: (a) who has not been able to submit an information request because of non-appointment of a Public Information Officer; (b) who has been refused information that was requested; (c) who has not received response to his information request within the specified time limits; (d) who thinks the fees charged are unreasonable; (e) who thinks information given is incomplete, misleading or false; and (f) any other matter relating to obtaining information.
9. The Commission can order inquiry into any matter if there are reasonable grounds (suo-moto power).
10. While inquiring, the Commission has the powers of a civil court in respect of the following matters: (a) summoning and enforcing attendance of persons and compelling them to give oral or written evidence on oath and to produce documents or things; (b) requiring the discovery and inspection of documents; (c) receiving evidence on affidavit; (d) requisitioning any public record from any court or office; (e) issuing summons for examination of witnesses or documents; and (f) any other matter which may be prescribed.
11. During the inquiry of a complaint, the Commission may examine any record which is under the control of the public authority and no such record may be withheld from it on any grounds. In other words, all public records must be given to the Commission during inquiry for examination.
12. The Commission has the power to secure compliance of its decisions from the public authority. This includes : (a) providing access to information in a particular form; (b) directing the public authority to appoint a Public Information Officer where none exists; (c) publishing information or categories of information; (d) making necessary changes to the practices relating to management, maintenance and destruction of records; (e) enhancing training provision for officials on the right to information; (f) seeking an annual report from the public authority on compliance with this Act; (g) requiring the public authority to compensate for any loss or other detriment suffered by the applicant; (h) imposing penalties under this Act; and (i) rejecting the application.
13. The Commission submits an annual report to the State Government on the implementation of the provisions of this Act. The State Government places this report before the State Legislature.
14. When a public authority does not conform to the provisions of this Act, the Commission may recommend (to the authority) steps which ought to be taken for promoting such conformity.

Central Bureau of Investigation

COMPOSITION OF CBI

The CBI is headed by a Director. He is assisted by a special director or an additional director. Additionally, it has a number of joint directors, deputy inspector generals, superintendents of police and all other usual ranks of police personnel. In total, it has about 5000 staff members, about 125 forensic scientists and about 250 law officers.

The Director of CBI as Inspector-General of Police, Delhi Special Police Establishment, is responsible for the administration of the organisation. With the enactment of CVC Act, 2003, the superintendence of Delhi Special Police Establishment vests with the Central Government save investigations of offences under the Prevention of Corruption Act, 1988, in which, the superintendence vests with the Central Vigilance Commission. The Director of CBI has been provided security of two-year tenure in office by the CVC Act, 2003.

FUNCTIONS OF CBI

The functions of CBI are:

• Investigating cases of corruption, bribery and misconduct of Central government employees.
• Investigating cases relating to infringement of fiscal and economic laws, that is, breach of laws concerning export and import control, customs and central excise, income tax, foreign exchange regulations and so on. However, such cases are taken up either in consultation with or at the request of the department concerned.
• Investigating serious crimes, having national and international ramifications, committed by organised gangs of professional criminals.
• Coordinating the activities of the anti-corruption agencies and the various state police forces
• Taking up, on the request of a state government, any case of public importance for investigation.
• Maintaining crime statistics and disseminating criminal information.

The CBI is a multidisciplinary investigation agency of the Government of India and undertakes investigation of corruption-related cases, economic offences and cases of conventional crime. It normally confines its activities in the anti-corruption field to offences committed by the employees of the Central Government and Union Territories and their public sector undertakings. It takes up investigation of conventional crimes like murder, kidnapping, rape etc., on reference from the state governments or when directed by the Supreme Court/High Courts.

The CBI acts as the “National Central Bureau” of Interpol in India. The Interpol Wing of the CBI coordinates requests for investigation-related activities originating from Indian law enforcement agencies and the member countries of the Interpol.