STATUTORY BODIES IN INDIA

BodyNHRCCICCVCCBILokpal
ActProtection of Human Rights Act, 2003RTI Act, 20051. Executive Resolution, 1964 2. CVC Act, 20031. No statutory base 2. Resolution of HMLokpal and Lokayuktas Act, 2013
MinistryHome MinistryMinistry of PersonnelIndependent BodyMinistry of PersonnelMinistry of Personnel
JurisdictionComplaints only against central and UT offices, institutions, PSUsResponsible only to ParliamentDerives power from DPSE Act, 1946
Appointment PanelPM + Speaker + Deputy Chairman + LoO + LoO + HM Sitting Judge of SC or CJ of HC (only on consultation with CJI)SHRC: CM + HM + LoO + Speaker + Chairman (if LC) + LoO (if LC)PM + LoO + UMPM + LoO + HM1. Director – PM + LoO + CJI (as per L&LA, 2013) 2. Director of Prosecution – Recomm by CVC (as per L&LA, 2013) 3. SP and above – CVC + 2 VC + SoHM + SoDoPT
StrengthNHRC – 1+5 (2+3) SHRC – 1+21+10 max1+2Max-81. At least 50% judicial (S or R Judge of SC or CJ of HC) 2. 50% Non-judicial (More than 25 years exp in anti-corruption policy, Public Admin, Vigilance, Finance (including insurance & banking)) 3. At least 50% reserved for women, SC, ST
QualificationNHRC: 1. Chair – Retired CJI/ J 2. Members – S or R Judge of SC, S or R CJ of HC, 3 Members: Knowledge or practical exp in HR1. Person of eminence in public life with wide knowledge and exp in law, sci-tech, social service, management, journalism, mass media, or admin & governance 2. Not MP or MLAQualification for Chairman: 1. S or R CJI or S or R Judge of SC or non-judicial member only if (Eminent + 25 yr exp in Anti-Corruption, Pub Ad, Vigilance, Finance (including Insurance & Banking), Law, Management) NOTE: Min age of Chair = 45 yearsCBI under administrative control of DoPT, Ministry of Personnel3. Ex-officio members: SC, ST, BC, Minorities, Women, PwD, Child 3. Not connected with any political party 4. No business or pursuing any profession
AppointmentPresidentPresidentPresident (H&S)Central GovtPresident
Tenure3 years or 70 yearsPrescribed by Central Govt or 65 years (2019 Amend)4 years or 65 yearsDirector – 2 years5 years or 70 years
ReappointmentHR (Amend) Act, 2019: Chair and Members of N & SHRC eligible for reappointment in same officeNot eligibleIC – as CIC, no otherNot eligibleBoth not eligible for any constitutional or statutory post + cannot contest elections
Salary & AllowancesCentral Govt SHRC – State Govt1. CIC – CEC 2. IC – ECsSame as UPSCChairman = CJI, Members = Judge of SC
Annual ReportNHRC – Report to BOTH Central and State GovtCentral Govt – Both HousesPresident – Both HousesPresidentNHRC should be informed of action taken on its report in 1 month Armed Forces – 3 months
Removal1. Insolvent 2. Paid employment 3. Unfit – infirmity of body or mind 4. Unsound mind 5. Convicted and sentenced for an offense1. Insolvent 2. Paid employment 3. Unfit – infirmity of body or mind 4. Moral turpitude 5. Acquired financial or other interestSame as CICSC: Only by Selection Committee1. Misbehavior or incapacity – Petition signed by 100 members of Parliament (thus mixed LS and RS) and inquiry by SC 2. IIP 6. Misbehavior or incapacity – SC inquiry
Miscellaneous1. Only 1-year window of crimes + Suo Motu 2. Power of Civil Court 3. Has its own investigation staff 4. 2006 Amendment: (1) SHRC – from 5 to 3 members (2) NHRC – visit jail w/o state govt intimation 5. HR courts – By state govt with concurrence of CJ of HC1. Suo Motu Powers (if reasonable grounds) 2. Can impose penalty on PIO 3. Power of Civil Court 4. Removal: CIC – Prez, SIC – Gov1. Nodal agency for PoCA, 1988, PMLA, Whistleblowers 2. ONLY agency against motivated or false complaints 3. Own secretariat 4. Consulted by Centre on disciplinary matters of AIS and CS 5. Jurisdiction: AIS, PSB, RBI, SIDBI, NABARD, PSU, GIC, LIC, local authorities & societies controlled by central govt1. Under CVC Act, 2003 – Superintendence rests with Central Govt (except when PoCA – CVC) 2. Directorate of Prosecution – for conducting prosecution under Lokpal Act, 2013 3. PoCA investigation for employees of central govt, UTs & their PSUs 4. Jurisdiction: Fiscal/economic laws, serious crimes, request from state govt, public importance cases 5. Interpol’s National Central Bureau in India1. Jurisdiction of Lokpal: Covers PM, Ministers, MPs (except Art 105), Group A, B, C, D officials of central govt, entities receiving FCRA above 10 lakh 2. Confiscation of property even if prosecution is pending 3. Clear timelines: Preliminary Inquiry: 2 months, Investigation: 6 months, Trial: 1 year 4. Investigation Wing & Prosecution Wing – IW conducts preliminary inquiry, PW prosecutes public servants 5. NO Suo Motu + Complaint within 7 years 6. Lokpal >> Group A, B, C, D >> CVC >> Investigate >> Report about A and B to Lokpal >> Do investigation on C and D 7. Powers of Civil Court 8. CBI’s Role: Supplementary to state police forces, organized crime, HR, cyber & high-tech crimes, Suo Motu powers

Leave a Reply

Your email address will not be published. Required fields are marked *