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Communication Information Commission (CIC)

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Communication Information Commission (CIC)

The Communication Information Commission (CIC) is a statutory body commissioned under the Right to Information Act , 2005 (RTI). The key reason for legislating the RTI Act was to make access to information easy, timely, and inexpensive. The assumption was that these features would help make the legislation effective, powerful, and an overall success. The core authority of the CIC is limited to providing information and it does not have the power to take an action even in case of any oddity. 

All complaints linked to public sector undertakings and financial institutions under the Government of India are reviewed by the CIC. Its role is to look into the complaints of people who have been unable to submit a request for information to a Central Public Information Officer or State Public Information Officers. Thus, the CIC has an important role in upholding democracy by ensuring transparency is maintained in governance. Transparency of this nature keeps corruption, nepotism, oppression and misuse, abuse of authority in check.  

The Commission is led by a Chief Information Commissioner and consists of a maximum of 10  Information Commissioners. They are all appointed by the President based on the recommendation of a committee comprising the Prime Minister, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister (nominated by the Prime Minister).

Central Vigilance Commission (CVC)

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Central Vigilance Commission (CVC)

Central Vigilance Commission (CVC) is a statutory body which has an autonomous status. It is the apex vigilance institute that serves the function of giving advice to various organizations of the central government. It guides them on ways to plan, execute, review, and reform their vigilance work. Vigilance here is defined as ensuring the effective and efficient functioning of organizations and employees through administrative action. Improper or less vigilance can lead to wastage of resources and economic decline of the country.

The CVC is free of control from any Executive authority and responsible for overseeing all vigilance activity under the Central Government of India. Its job is to recommend appropriate action when it receives complaints regarding misuse of office or corruption. The Annual Report of the CVC provides an overview of the work done in that year and highlights the system failures which are the key cause for corruption.  It also recommends ways for system improvements as well as a variety of preventive measures. The Commission also points out cases wherein its advice was ignored.

The CVC consists of a Chairperson and a maximum of two members. The President appoints all 3 members based on the recommendations given by a committee. This committee comprises the Prime Minister, the Minister of Home Affairs, and the Leader of the Opposition. The Commission members serve in office for a period of 4 years or until they are 65 years old, whichever is earlier.

National Human Rights Commission (NHRC)

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National Human Rights Commission (NHRC)

The National Human Rights Commission (NHRC) of India's main role is to promote and protect human rights. Human rights are defined as "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."

The President based on recommendations made by the Prime Minister and a select committee appoints members of NHRC. The term of an NHRC member is 5 years, or until they turn 70 years old, whichever is earlier. An NHRC member can only be removed from their office if a Supreme Court judge's investigation on the matter concludes the members misbehavior or incapacity. The NHRC consists of 5 members:

  • A Chairperson, who has been the Chief Justice of India
  • One member who is, or has been, a judge of the Supreme Court of India,
  • One member who is, or has been, a judge or Chief Justice of a High Court
  • Two Members, out of which at least one shall be a woman. These members must have the knowledge or practical experience of working in matters relating to human rights

Following is list of a few of NHRC's powers and functions:

  • It can suo moto (without a prior motion) investigate matters linked to the violation of human rights.
  • It has the right to participate in judicial proceedings for cases that allege a violation of human rights.
  • It has the authority to go and observe prisoners' living conditions in any jail or government facility and recommend necessary changes.
  • It has the power to recommend remedial steps to the safeguards provided by the Constitution.
  • It conducts research related to human rights.
  • It spreads awareness on human rights to various sections of society and promotes awareness of the safeguards available for the protection of these rights.

Statutory Bodies

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Statutory Bodies

A Statutory body is a non-constitutional body of oversight set up by the Parliament. The Parliament's statutes or laws are their source of power. These bodies have official permission to participate in legislation i.e the process of enacting laws. They have the authority to pass certain laws and take decisions on behalf of a state or the country.

Non Constitutional Bodies

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Non Constitutional Bodies

Non Constitutional or Extra Constitutional bodies are established by the government when an act for the same is passed in parliament. It means these institutions are not mentioned in our constitution. They are formed only through an Executive resolution action i.e through the government's action. Non Constitutional Bodies are divided into three categories of bodies: 

  • Statutory Bodies: These are bodies of oversight who derive their powers from statutes or laws developed by the Parliament. For example, the National Human Rights Commission (NHRC), Central Information Committee (CIC), etc 
  • Regulatory Bodies: These are bodies that exercise independent authority over some areas of human activity in a supervisory capacity. For example, Reserve Bank of India (RBI), Security and Exchange Board (SEBI), etc 
  • Executive Bodies: These are bodies that are formed only through an Executive resolution, and they can't be established through acts passed by the Parliament. For example,  Niti Aayog, Law Commission of India

Special Officer for Linguistic Minorities

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Special Officer for Linguistic Minorities

The State Reorganization Commission (1953-55) recommended a provision be made for a Special Officer for Linguistic Minorities. The Special Officer for Linguistic Minorities was established as a constitutional body with the aim to improve the provision of linguistic safeguards which have been constitutionally approved. Their role is to protect the linguistic minorities and provide them with equal opportunities to ensure inclusivity and development. The President appoints the Linguistic Minorities Officer, and in turn, the officer reports to President. Further, it is the President who then shares the reports provided by the officer with both houses of Parliament and the concerned state government. 

The required qualification, income, term period, and procedure for removal of the Special Officer for Linguistic Minorities have not been defined by the Constitution. 

National Commission for Backward Classes

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National Commission for Backward Classes

India's National Commission for Backward Classes is a constitutional body under India's Ministry of Social Justice and Empowerment. The Commission is led by a Chairperson, and further comprises a Vice-Chairperson and 3 members. The President decides the duration of their term and guidelines for service. It is given the power to regulate its own procedure. The duties of the Commission are outlined as follows:

  • Monitor and oversee matters linked to the provision of safeguards for both, the socially and educationally backward classes. They also evaluate the implementation of these safeguards.
  • Investigate specific complaints in matters of withholding of rights and safeguards of the socially and educationally backward classes.
  • Advice on and evaluate the socio-economic development of the socially and educationally backward classes. 
  • Provide the President with annual or periodic reports on the implementation of the safeguards.
  • Recommend measures to be adopted by union and state governments for improving implementation of the safeguards and measures which ensure welfare and development of the socially and educationally backward classes.

Union Public Service Commission (UPSC)

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Union Public Service Commission (UPSC)

The Union Public Service Commission (UPSC) is India's central recruiting agency. Its key responsibility is to ensure appointments are made to the All India Services. They are also in-charge of smoothly carrying out the examinations for All India Services, and Group A & Group B of Central Civil Services including the Indian Administrative Service (IAS), the Indian Police Service (IPS), the Indian Foreign Service (IFS) amongst others. The government consults UPSC on key affairs of civil servants including their recruitment, transfer, promotion, and disciplinary matters.

The President is the authority the commission needs to report to. It also advises the government through the President but the government does not have to comply with this advice. UPSC is known for being one of the few constitutional bodies which does function with autonomy and freedom.

Finance Commissions

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Finance Commissions

A Finance Commission is a constitutional body established to divide and allocate certain sources of revenue between the Union and State governments. It is not a permanent body and is instead established periodically by the President under Article 280 of the Indian Constitution. According to the Constitution, after every 5 years, a Finance Commission is created. It is headed by a Chairman and has 4 other members. Legally, the qualifications of the members of the commission are decided by the Parliament.

Election Commission

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Election Commission

The Election Commission is a permanent and autonomous constitutional body. It is responsible for administering free and fair election processes at the national and state level in India.

While the Election Commission is a pan India body which is common to the central and the state governments, it does not handle elections at the municipality or panchayat level in a state. Hence, a separate State Election Commission is provided by the Constitution of India for conducting these elections. The Election Commission is responsible for conducting elections for the Lok Sabha, Rajya Sabha, state Legislative Assemblies, state Legislative Councils, and the offices of the President and Vice President.

The Election Commission operates under Article 324 of the Indian Constitution and subsequently, the Representation of People Act. It is headed by the Chief Election Commissioner who enjoys the security of tenure. The Commissioner can only be removed by the President of India through the passing of a resolution on account of proven misbehavior or incapacity. Such a resolution has to be supported by a majority in both houses of Parliament for it to be passed.

The Constitution of India tried to ensure the independent and impartial nature of the Election Commission is always upheld, but certain flaws in the creation of the commission still persist. These are:

  • There are no specific qualifications (legal, educational, administrative, or judicial) defined by the Constitution for the members of the Election Commission.
  • No fixed terms have been defined by the Constitution for members of the Election Commission.
  • The retiring Election Commissioners have not forbidden by the Constitution  further appointment to other offices by the government