Laxmikanth Test: Non-Constitutional Bodies- 2 - UPSC MCQ

The functions of the Commission are, inter alia:

• To enquire 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 an 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 recommendations 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.

It does not have powers of a regular court but only that of a civil court. The basic point to note is that it can only enquire and recommend prosecution, not punish the offenders.

Based on its motto, mission and the need to develop professionalism, transparency, adaptability to change and use of science and technology in its work, the CBI focuses on

• Combating corruption in public life, curbing economic and violent crimes through meticulous investigation and prosecution
• Evolving effective systems and procedures for successful investigation and prosecution of cases in various law courts
• Helping fight cyber and high technology crime
• Creating a healthy work environment that encourages team-building, free communication and mutual trust
• Supporting state police organisations and law enforcement agencies in national and international cooperation, particularly relating to enquiries and investigation of cases
• Playing a lead role in the war against national and transnational organised crime
• Upholding human rights, protecting the environment, arts, antiques and heritage of our civilisation
• Developing a scientific temper, humanism and the spirit of enquiry and reform
• Striving for excellence and professionalism in all spheres of functioning so that the organisation rises to high levels of endeavour and achievement.

Some of the important CBI divisions are:

• Anti-Corruption Division
• Economic Offences Division
• Special Crimes Division
• Policy and International Police Cooperation Division

• The Central Bureau of Investigation (CBI) was set up in 1963 by a resolution of the Ministry of Home Affairs.
• Later, it was transferred to the Ministry of Personnel and now it enjoys the status of an attached office'. The Special Police Establishment (which looked into vigilance cases) setup in 1941 was also merged with the CBI.
• The establishment of the CBI was recommended by the Santhanam Committee on Prevention of Corruption (1962-1964). The CBI is not a statutory body.

It derives its powers from the Delhi Special Police Establishment Act, 1946. The CBI is the main investigating agency of the Central Government. It plays an important role in the prevention of corruption and maintaining integrity in administration. It also assists the Central Vigilance Commission and Lokpal.

The president can remove the Central Vigilance Commissioner or any vigilance commissioner from the office under the following circumstances:

• If he is adjudged an insolvent; or
• If he has been convicted of an offence which (in the opinion of the Central government) involves moral turpitude; or
• If he engages, during his term of office, in any paid employment outside the duties of his office; or
• If he is (in the opinion of the president), unfit to continue in office because of the infirmity of mind or body; or
• If he has acquired such financial or other interest as is likely to affect prejudicially his official functions.

In addition to these, the president can also remove the Central Vigilance Commissioner or any vigilance commissioner on the ground of proved misbehaviour or incapacity.

The CVC has to present annually to the President a report on its performance. The President places this report before each House of Parliament.

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 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 commission is a high-powered independent body that inter alia looks into the complaints made to it and decides the appeals. It entertains complaints and appeals about offices, financial institutions, public sector under- takings, etc., under the Central Government and the Union Territories.

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.