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Cheat Sheet: Non Constitutional Bodies

Table of Contents
1. NITI Aayog
2. National Human Rights Commission (NHRC)
3. State Human Rights Commission (SHRC)
4. Central Information Commission (CIC)
5. State Information Commission (SIC)
View more Cheat Sheet: Non Constitutional Bodies

1. NITI Aayog

1.1 Basic Framework

AspectDetails
Full FormNational Institution for Transforming India
EstablishedJanuary 1, 2015 (Resolution dated January 1, 2015)
ReplacedPlanning Commission (established 1950)
NatureNon-constitutional, non-statutory body; Policy think tank
Governing DocumentCabinet Resolution

1.2 Composition

PositionMember
ChairpersonPrime Minister of India
Vice ChairpersonAppointed by Prime Minister
Governing CouncilChief Ministers of all States and Lt. Governors of Union Territories
Full-time MembersMaximum 5 members
Part-time MembersMaximum 2 ex-officio members from Union Council of Ministers
Ex-officio MemberCEO (appointed by Prime Minister, holds rank of Secretary to Government of India)
Special InviteesExperts and specialists with domain knowledge

1.3 Functions and Objectives

  • Design long-term strategic policy frameworks for Government of India
  • Foster cooperative federalism through structured support initiatives
  • Develop mechanisms to formulate credible plans at village level and aggregate at higher levels
  • Monitor and evaluate implementation of programs and focus on technology upgradation
  • Advise states on economic and social policy matters
  • Act as knowledge and innovation hub for good governance practices
  • Create a platform for resolution of inter-sectoral and inter-departmental issues
  • Maintain resource centre for good governance and research

1.4 Key Differences from Planning Commission

Planning CommissionNITI Aayog
Top-down approachBottom-up approach with cooperative federalism
Allocation of fundsAdvisory role; no allocation powers
Five Year PlansPolicy think tank; no five year plans
Centralized planningDecentralized planning with state participation

2. National Human Rights Commission (NHRC)

2.1 Legal Framework

AspectDetails
EstablishedOctober 12, 1993
Statutory BasisProtection of Human Rights Act, 1993 (amended 2006, 2019)
NatureNon-constitutional statutory body
StatusMulti-member body with quasi-judicial powers

2.2 Composition

PositionQualification
ChairpersonRetired Chief Justice of India
One MemberServing or retired Judge of Supreme Court
One MemberServing or retired Chief Justice of High Court
Two MembersPersons having knowledge of or practical experience in human rights
Ex-officio MembersChairpersons of National Commission for Minorities, SC, ST, Women, Backward Classes, Child Rights

2.3 Appointment and Tenure

  • Appointed by President on recommendations of six-member committee
  • Committee comprises: Prime Minister (Chairperson), Lok Sabha Speaker, Deputy Chairman of Rajya Sabha, Leaders of Opposition in both Houses, Union Home Minister
  • Term: 5 years or till age 70, whichever is earlier (Amendment 2019: earlier limit was 3 years or 70 years)
  • Not eligible for further appointment to any Government office after tenure

2.4 Powers and Functions

  • Inquire into violations of human rights or negligence by public servants (suo motu or on petition)
  • Intervene in court proceedings involving human rights violations with court approval
  • Visit jails and detention centres to study conditions of inmates
  • Review constitutional and legal safeguards for protection of human rights
  • Recommend measures for effective implementation of safeguards
  • Review factors including terrorism that inhibit enjoyment of human rights
  • Study treaties and international instruments on human rights
  • Undertake and promote research in field of human rights
  • Spread human rights literacy and encourage efforts by NGOs

2.5 Limitations

  • Cannot inquire into matters older than one year (except in exceptional cases with special reasons)
  • Cannot inquire into matters pending before State Human Rights Commission or any other commission under statutory body
  • Cannot inquire into matters related to Armed Forces (covered by separate provisions)
  • Recommendations are not binding on government
  • No power to punish violators; can only recommend action

3. State Human Rights Commission (SHRC)

3.1 Constitutional Position

AspectDetails
Legal BasisProtection of Human Rights Act, 1993 (Section 21)
NatureNon-constitutional statutory body at state level
EstablishmentState Government may constitute by notification

3.2 Composition

PositionQualification
ChairpersonRetired Chief Justice of High Court
One MemberServing or retired Judge of High Court or District Judge with 7 years experience
One MemberPerson having knowledge of or practical experience in human rights

3.3 Appointment and Tenure

  • Appointed by Governor on recommendations of committee
  • Committee: Chief Minister (Chairperson), Speaker of Legislative Assembly, State Home Minister, Leader of Opposition in Legislative Assembly
  • Term: 5 years or age 70, whichever is earlier (Amendment 2019)
  • Powers and functions similar to NHRC but limited to state matters

4. Central Information Commission (CIC)

4.1 Legal Framework

AspectDetails
EstablishedOctober 12, 2005
Statutory BasisRight to Information Act, 2005 (Section 12)
NatureNon-constitutional statutory body; Appellate authority

4.2 Composition

PositionDetails
Chief Information CommissionerOne member
Information CommissionersMaximum 10 members

4.3 Appointment and Tenure

  • Appointed by President on recommendations of committee
  • Committee: Prime Minister (Chairperson), Leader of Opposition in Lok Sabha, Union Cabinet Minister nominated by PM
  • Term and salary: As may be prescribed by Central Government (Amendment 2019; earlier was fixed at 5 years or 65 years)
  • Eligibility: Persons of eminence in public life with wide knowledge and experience in law, science, technology, social service, management, journalism, mass media or administration
  • Chief Information Commissioner and Information Commissioners not eligible for reappointment

4.4 Powers and Functions

  • Receive and inquire into complaints from persons unable to obtain information
  • Hear appeals from decisions of Public Information Officers
  • Order disclosure of information if withheld without reasonable cause
  • Impose penalties on Public Information Officers for non-compliance (up to Rs. 25,000)
  • Require public authorities to maintain records and provide training
  • Submit annual reports to Central Government
  • Powers of civil court while inquiring (summon, examine witnesses, receive evidence, requisition records)

4.5 Removal

  • Removed by President on grounds of proved misbehaviour or incapacity
  • Removal after Supreme Court inquiry on reference from President
  • May also be removed for insolvency, conviction, paid employment, or financial interest conflicts

5. State Information Commission (SIC)

5.1 Basic Framework

AspectDetails
Legal BasisRight to Information Act, 2005 (Section 15)
NatureNon-constitutional statutory body at state level
JurisdictionState Government departments and authorities

5.2 Composition

PositionDetails
State Chief Information CommissionerOne member
State Information CommissionersMaximum 10 members

5.3 Appointment

  • Appointed by Governor on recommendations of committee
  • Committee: Chief Minister (Chairperson), Leader of Opposition in Legislative Assembly, Cabinet Minister nominated by Chief Minister
  • Term and salary: As may be prescribed by State Government (Amendment 2019)
  • Functions and powers similar to CIC but limited to state jurisdiction

6. National Commission for Scheduled Castes (NCSC)

6.1 Legal Evolution

StageDetails
Original PositionPart of combined National Commission for SC and ST under Article 338
Constitutional AmendmentConstitution (89th Amendment) Act, 2003
Current StatusSeparate constitutional body under Article 338 for SCs only; STs under Article 338A
Statutory BackingNational Commission for Scheduled Castes Act, 2004

6.2 Composition

  • Chairperson, Vice-Chairperson and three other members
  • Appointed by President by warrant under his hand and seal
  • Conditions of service determined by President

6.3 Functions

  • Investigate and monitor matters relating to safeguards for SCs
  • Inquire into specific complaints regarding deprivation of rights
  • Participate and advise on planning process of socio-economic development
  • Present annual reports to President on working of safeguards
  • Make recommendations on measures for effective implementation of safeguards
  • Discharge functions in relation to protection, welfare, development and advancement of SCs

6.4 Powers

  • Powers of civil court for inquiries (summon, enforce attendance, examine on oath, receive evidence, requisition records)
  • All Union and State authorities required to consult Commission on policy matters affecting SCs

7. National Commission for Scheduled Tribes (NCST)

7.1 Constitutional Framework

AspectDetails
Constitutional ProvisionArticle 338A (inserted by 89th Amendment, 2003)
Statutory BackingNational Commission for Scheduled Tribes Act, 2004
NatureConstitutional body with statutory provisions

7.2 Composition and Functions

  • Composition: Chairperson, Vice-Chairperson and three members appointed by President
  • Functions and powers identical to NCSC but exclusively for Scheduled Tribes
  • Separate annual report to President on safeguards for STs

8. National Commission for Backward Classes (NCBC)

8.1 Legal Framework

AspectDetails
Original EstablishmentNon-constitutional statutory body under National Commission for Backward Classes Act, 1993
Constitutional StatusConstitution (102nd Amendment) Act, 2018 inserted Article 338B
Current StatusConstitutional body (as of 2018)
Statutory ActNational Commission for Backward Classes (Repeal) Act, 2018

8.2 Composition

PositionDetails
ChairpersonOne member
Vice-ChairpersonOne member
MembersThree other members
AppointmentBy President by warrant under his hand and seal

8.3 Functions

  • Investigate and monitor matters relating to safeguards for socially and educationally backward classes
  • Inquire into specific complaints regarding deprivation of rights and safeguards
  • Advise on planning process of socio-economic development
  • Present annual reports to President
  • Discharge functions similar to NCSC and NCST but for backward classes
  • Powers of civil court while investigating and inquiring

9. National Commission for Minorities (NCM)

9.1 Legal Framework

AspectDetails
Established1993 (statutory body); earlier non-statutory body in 1978
Statutory BasisNational Commission for Minorities Act, 1992
NatureNon-constitutional statutory body

9.2 Notified Minorities

  • Muslims
  • Christians
  • Sikhs
  • Buddhists
  • Zoroastrians (Parsis)
  • Jains (notified in 2014)

9.3 Composition

PositionDetails
ChairpersonOne member
MembersSeven members (at least one from each notified minority community)
AppointmentBy Central Government
TermThree years

9.4 Functions

  • Evaluate progress of development of minorities
  • Monitor working of safeguards provided in Constitution and laws
  • Make recommendations for effective implementation of safeguards
  • Look into specific complaints regarding deprivation of rights
  • Study problems arising out of discrimination against minorities
  • Conduct studies, research and analysis on issues relating to minorities
  • Suggest appropriate measures in respect of minorities by Central or State Government

10. National Commission for Women (NCW)

10.1 Legal Framework

AspectDetails
EstablishedJanuary 31, 1992
Statutory BasisNational Commission for Women Act, 1990
NatureNon-constitutional statutory body

10.2 Composition

PositionDetails
ChairpersonOne member (nominated by Central Government)
MembersFive members (nominated by Central Government)
Ex-officio MemberMember-Secretary (appointed by Central Government)
TermThree years from date of assumption of office

10.3 Functions

  • Review constitutional and legal safeguards for women
  • Recommend remedial legislative measures
  • Facilitate redressal of grievances
  • Advise Government on all policy matters affecting women
  • Examine existing legislation and suggest amendments to meet changing requirements
  • Undertake promotional and educational research to ensure women rights
  • Inspect jails, remand homes, and other places of custody where women are kept
  • Fund litigation involving issues affecting large body of women
  • Call for special studies on problems causing atrocities and violence against women
  • Make periodical reports to Government on matters within Commission's purview

10.4 Powers

  • Summon person and enforce attendance
  • Examine witnesses on oath
  • Receive evidence on affidavits
  • Requisition records from public authority
  • Issue commissions for examination of witnesses
  • Powers of civil court under Code of Civil Procedure, 1908

11. National Commission for Protection of Child Rights (NCPCR)

11.1 Legal Framework

AspectDetails
EstablishedMarch 2007
Statutory BasisCommission for Protection of Child Rights Act, 2005 (CPCR Act)
NatureNon-constitutional statutory body
Definition of ChildPerson below age of 18 years

11.2 Composition

PositionDetails
ChairpersonPerson of eminence with commitment to child rights
MembersSix members (from fields of education, child health, care, welfare, child development, juvenile justice, child psychology, laws relating to children)
AppointmentBy Central Government
TermThree years

11.3 Functions

  • Examine and review safeguards for protection of child rights under Constitution and laws
  • Present annual reports on child rights to Central Government
  • Inquire into complaints relating to deprivation and violation of child rights
  • Examine treaties and international instruments on child rights
  • Undertake and promote research in field of child rights
  • Spread child rights literacy among various sections of society
  • Inspect juvenile custodial homes and recommend remedial measures
  • Inquire into matters relating to child rights under RTE Act, 2009
  • Monitor implementation of Protection of Children from Sexual Offences Act, 2012 (POCSO Act)

11.4 State Commission for Protection of Child Rights (SCPCR)

  • Constituted by State Governments under CPCR Act, 2005
  • Composition and functions similar to NCPCR at state level
  • Monitor implementation of child rights laws at state level

12. Central Vigilance Commission (CVC)

12.1 Legal Framework

AspectDetails
EstablishedFebruary 1964 (on recommendations of Santhanam Committee on Prevention of Corruption, 1962-64)
Initial StatusExecutive resolution; non-statutory body
Statutory StatusCentral Vigilance Commission Act, 2003 gave it statutory status
NatureNon-constitutional statutory body; Multi-member body

12.2 Composition

PositionDetails
Central Vigilance Commissioner (CVC)Chairperson
Vigilance CommissionersMaximum 2 members
AppointmentBy President on recommendations of three-member committee
Committee CompositionPrime Minister (Chairperson), Union Home Minister, Leader of Opposition in Lok Sabha
TermFour years or till age 65, whichever is earlier
RemovalBy President on grounds of proved misbehaviour or incapacity; removal after Supreme Court inquiry

12.3 Functions and Powers

  • Exercise superintendence over functioning of Delhi Special Police Establishment (CBI) in corruption cases
  • Inquire or cause inquiry/investigation into offences under Prevention of Corruption Act, 1988
  • Review progress of investigations conducted by CBI
  • Tender advice to Central Government, corporations, companies, societies on vigilance matters
  • Exercise superintendence over vigilance administration in various Ministries
  • Call for reports, returns, statements from authorities under control of Central Government
  • Recommend disciplinary action against Central Government employees in corruption cases
  • Not empowered to conduct investigations itself; can only recommend or direct CBI

12.4 Jurisdiction

  • All Central Government employees of Group A, B, C and D
  • Employees of PSUs, banks, insurance companies
  • Chairpersons, Members, Officers and employees of Central statutory authorities
  • No jurisdiction over State Government employees

13. Lokpal and Lokayuktas

13.1 Lokpal - Legal Framework

AspectDetails
Constitutional ProvisionArticle 253 (legislation for implementing international agreements)
Statutory BasisLokpal and Lokayuktas Act, 2013
First Lokpal AppointedMarch 2019 (Justice Pinaki Chandra Ghose)
NatureNon-constitutional statutory body; Anti-corruption ombudsman

13.2 Composition

PositionDetails
ChairpersonFormer Chief Justice of India or former Judge of Supreme Court or eminent person with impeccable integrity
Judicial MembersMaximum 4 members (from SC or HC)
Non-Judicial MembersMaximum 4 members (with impeccable integrity, outstanding ability, experience in anti-corruption policy, public administration, vigilance, finance, law and management)
Reservation50% members from SC/ST/OBC/Minorities/Women categories

13.3 Appointment

  • Appointed by President on recommendation of Selection Committee
  • Selection Committee: Prime Minister (Chairperson), Lok Sabha Speaker, Leader of Opposition in Lok Sabha, Chief Justice of India or Judge of SC nominated by CJI, Eminent Jurist nominated by President
  • Term: 5 years or till age 70, whichever is earlier
  • Not eligible for reappointment
  • Not eligible for further appointment to any Government office after tenure

13.4 Jurisdiction

  • Prime Minister (with limitations - only on corruption and not on matters of national security, international relations, public order, atomic energy, space)
  • Ministers and Members of Parliament
  • Group A, B, C, D officers and officials of Central Government
  • Chairpersons, members, officers and directors of boards, corporations, societies, trusts, autonomous bodies established by Central Government
  • Inquiry on allegation of corruption only (not maladministration)

13.5 Powers

  • Receive complaints and conduct preliminary inquiry
  • Direct CBI to register case and conduct investigation
  • Grant sanction for prosecution of public servants
  • Recommend transfer or suspension of public servant
  • Recommend disciplinary action
  • Order attachment and confiscation of property acquired by corrupt means
  • Powers of civil court for summoning, examining witnesses, receiving evidence
  • Establish separate prosecution wing for conducting prosecution

13.6 Lokayukta

AspectDetails
Constitutional MandateArticle 253 read with Lokpal and Lokayuktas Act, 2013
NatureState-level anti-corruption ombudsman
EstablishmentEach State required to establish Lokayukta within one year (Section 63 of Act)
JurisdictionChief Minister, Ministers, MLAs, State Government employees
AppointmentBy Governor on recommendation of committee comprising Chief Minister, Speaker of Legislative Assembly, Leader of Opposition, Chief Justice of High Court

13.7 Removal of Lokpal/Lokayukta

  • Removed by President (Lokpal) or Governor (Lokayukta) on grounds of proved misbehaviour or incapacity
  • Removal after reference to Supreme Court and inquiry by Supreme Court
  • President may suspend Chairperson or Member pending inquiry

14. Central Bureau of Investigation (CBI)

14.1 Legal Framework

AspectDetails
Established1963 (by resolution of Ministry of Home Affairs)
Original NameSpecial Police Establishment (established 1941)
Statutory BasisDelhi Special Police Establishment Act, 1946
NatureNon-constitutional statutory body; Premier investigation agency
Administrative ControlMinistry of Personnel, Public Grievances and Pensions (Department of Personnel and Training)

14.2 Composition and Appointment

PositionDetails
DirectorHead of CBI
Appointment of DirectorBy Central Government on recommendation of three-member committee
Selection CommitteePrime Minister (Chairperson), Leader of Opposition in Lok Sabha, Chief Justice of India or Judge of SC nominated by CJI
Term of DirectorMinimum 2 years (extendable up to maximum 5 years through yearly extensions)
RankDirector holds rank equivalent to Additional Secretary to Government of India

14.3 Functions

  • Investigate corruption cases against Central Government employees
  • Investigate economic crimes, serious frauds affecting public interest
  • Investigate special crimes including organized crime, terrorism, bomb blasts on reference from State Governments or Supreme Court/High Courts
  • Maintain crime records and statistics
  • Coordinate with state police and other agencies
  • Undertake investigation on request of State Governments or orders of Supreme Court/High Courts

14.4 Jurisdiction and Limitations

  • Union Territories: Full jurisdiction without state consent
  • States: Requires consent of concerned State Government for investigation (except when ordered by courts)
  • Cannot investigate Members of Parliament without permission from Lok Sabha Speaker or Rajya Sabha Chairman
  • Cannot investigate Group A officers without prior approval from Central Government
  • Operates under superintendence of Central Vigilance Commission for corruption cases

14.5 Divisions

  • Anti-Corruption Division: Investigates corruption and vigilance cases
  • Economic Offences Division: Investigates economic frauds, bank frauds
  • Special Crimes Division: Investigates serious crimes, terrorism, bomb blasts

15. Competition Commission of India (CCI)

15.1 Legal Framework

AspectDetails
EstablishedOctober 14, 2003
Statutory BasisCompetition Act, 2002 (amended 2007, 2009)
Became FunctionalMay 20, 2009
NatureNon-constitutional statutory body; Quasi-judicial body
ReplacedMonopolies and Restrictive Trade Practices Commission (MRTP Commission established under MRTP Act, 1969)

15.2 Composition

PositionDetails
ChairpersonOne member
MembersMaximum 6 members
AppointmentBy Central Government on recommendation of Selection Committee
Selection CommitteeChief Justice of India or nominee, Secretary in Ministry of Corporate Affairs, Secretary in Ministry of Law and Justice
Term5 years or till age 65, whichever is earlier
EligibilityPersons of ability, integrity, standing with knowledge and experience in economics, business, commerce, accountancy, law, public affairs

15.3 Functions and Powers

  • Eliminate practices having adverse effect on competition
  • Promote and sustain competition in markets
  • Protect interests of consumers
  • Ensure freedom of trade in markets
  • Inquire into anti-competitive agreements (suo motu or on information)
  • Investigate abuse of dominant position
  • Regulate combinations (mergers, acquisitions, amalgamations) to prevent adverse effect on competition
  • Impose penalties for contravention of provisions
  • Pass orders for cease and desist, modify agreements, impose penalty up to 10% of average turnover for three preceding years
  • Advocate competition issues to government and statutory authorities

15.4 Prohibited Practices

  • Anti-competitive agreements (cartels, price-fixing, bid-rigging, market allocation)
  • Abuse of dominant position
  • Anti-competitive combinations

16. Finance Commission

16.1 Constitutional Framework

AspectDetails
Constitutional ProvisionArticle 280 of Constitution
NatureConstitutional body (not permanent)
First Commission1951 (Chairman: K.C. Neogy)
FrequencyConstituted every five years
Current Commission16th Finance Commission (for period 2026-2031)

16.2 Composition

PositionQualification
ChairpersonPerson having experience in public affairs
Four MembersPersons selected from among: (i) Judge of High Court or qualified to be appointed as one; (ii) Person having special knowledge of finances and accounts of Government; (iii) Person having wide experience in financial matters and administration; (iv) Person having special knowledge of economics
AppointmentBy President

16.3 Functions (Article 280)

  • Recommend distribution of net proceeds of taxes between Union and States
  • Recommend allocation among States of respective shares of such proceeds
  • Recommend principles governing grants-in-aid to States from Consolidated Fund of India
  • Recommend measures needed to augment Consolidated Fund of State to supplement resources of Panchayats and Municipalities
  • Recommend any matter referred to Commission by President in interest of sound finance

16.4 Key Aspects

  • Quasi-judicial body with advisory role
  • Recommendations not binding but conventionally accepted by Government
  • Report laid before each House of Parliament along with Action Taken Report
  • Determines vertical devolution (Union to States) and horizontal devolution (among States)
  • Uses various criteria: population, area, income distance, fiscal capacity, forest cover, etc.

17. National Investigation Agency (NIA)

17.1 Legal Framework

AspectDetails
EstablishedDecember 31, 2008 (after 26/11 Mumbai attacks)
Statutory BasisNational Investigation Agency Act, 2008 (amended 2019)
NatureNon-constitutional statutory body; Counter-terrorism agency
HeadquartersNew Delhi
Administrative ControlMinistry of Home Affairs

17.2 Composition

PositionDetails
Director GeneralHead of NIA (appointed by Central Government)
RankDirector General holds rank of DGP or equivalent
OfficersDrawn from IPS, state police services, Central Armed Police Forces

17.3 Jurisdiction

  • Investigate and prosecute offences affecting sovereignty, security and integrity of India
  • Investigate offences under Atomic Energy Act, Unlawful Activities Prevention Act
  • Investigate terror attacks, bomb blasts, hijacking, maritime offences
  • Investigate counterfeit currency, human trafficking connected with terrorism
  • Jurisdiction extends to whole of India and beyond (Amendment 2019 added extra-territorial jurisdiction over terror acts against Indian citizens abroad and affecting India's interests)
  • Can investigate without state consent in scheduled offences

17.4 Powers

  • Take up investigation suo motu or on reference from State Government or order of Central Government
  • Override state jurisdiction in scheduled offences
  • Establish Special Courts for trial of scheduled offences
  • Powers of police officer as per Code of Criminal Procedure, 1973
  • Powers similar to CBI but specifically for terrorism and national security matters

17.5 Scheduled Offences (as per NIA Act, 2008 amended 2019)

  • Offences under Atomic Energy Act, 1962
  • Unlawful Activities (Prevention) Act, 1967
  • Anti-Hijacking Act, 1982
  • Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982
  • SAARC Convention (Suppression of Terrorism) Act, 1993
  • Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005
  • Offences under IPC relating to counterfeit currency, human trafficking (Amendment 2019)

18. National Green Tribunal (NGT)

18.1 Legal Framework

AspectDetails
EstablishedOctober 18, 2010
Statutory BasisNational Green Tribunal Act, 2010
NatureNon-constitutional statutory body; Specialized environmental court
Principal BenchNew Delhi
Regional BenchesBhopal, Pune, Kolkata, Chennai

18.2 Composition

PositionQualification
ChairpersonRetired Judge of Supreme Court or retired Chief Justice of High Court
Judicial MembersMaximum 10 (Judges of High Courts or qualified to be HC Judges)
Expert MembersMaximum 10 (with administrative experience in environment related matters, minimum 15 years)
AppointmentBy Central Government on recommendation of Selection Committee
Term5 years or till age 70 (Chairperson), 65 (Judicial Members), 70 (Expert Members)

18.3 Jurisdiction

  • Civil cases relating to environmental protection and conservation of forests and natural resources
  • Matters under Water (Prevention and Control of Pollution) Act, 1974
  • Matters under Air (Prevention and Control of Pollution) Act, 1981
  • Matters under Environment (Protection) Act, 1986
  • Matters under Forest Conservation Act, 1980
  • Matters under Biological Diversity Act, 2002
  • Matters under Public Liability Insurance Act, 1991
  • Questions related to substantial environmental damage and implementation of legal rights relating to environment

18.4 Powers and Procedure

  • Hear disputes regarding environmental issues and enforcement of legal rights
  • Provide relief and compensation for damages to persons and property
  • Dispose of cases within 6 months of filing (expeditious justice)
  • Powers of civil court (summon witnesses, examine evidence, requisition records)
  • Apply principles of sustainable development, precautionary principle, polluter pays principle
  • Appeals from NGT lie to Supreme Court within 90 days
  • Not bound by Code of Civil Procedure; follows principles of natural justice

18.5 Limitations

  • No jurisdiction over matters related to Wildlife (Protection) Act, 1972
  • No jurisdiction over Indian Forest Act, 1927
  • Cannot handle criminal cases

19. Law Commission of India

19.1 Legal Framework

AspectDetails
First Established1834 (during British rule by Charter Act of 1833)
Post-Independence First Commission1955
NatureNon-constitutional, non-statutory advisory body
EstablishmentBy executive resolution of Ministry of Law and Justice
Latest Commission22nd Law Commission (constituted February 2020, Chairman: Justice Rituraj Awasthi)
Tenure3 years

19.2 Composition

PositionDetails
ChairpersonRetired Judge of Supreme Court
Full-time MemberSecretary, Department of Legal Affairs (ex-officio)
Full-time MembersLegal experts, academicians
Part-time MembersUsually 3-5 members
Member-SecretaryOfficer from Department of Legal Affairs

19.3 Functions

  • Review existing laws and suggest amendments to make them contemporary and responsive
  • Undertake research in law and recommend legal reforms
  • Examine laws in force to remove anomalies, ambiguities and inequities
  • Consider and convey views of public on legislation proposed by government
  • Examine matters referred by Central Government or suo motu
  • Undertake studies and research for bringing reforms in justice delivery system
  • Submit reports on legal issues to Government

19.4 Key Aspects

  • Advisory body; recommendations not binding
  • No fixed tenure; constituted for specific periods
  • Has submitted over 280 reports on various legal subjects
  • Significant reports include recommendations on abolition of death penalty, uniform civil code, electoral reforms, judicial reforms

20.1 Legal Framework

AspectDetails
Established1995
Statutory BasisLegal Services Authorities Act, 1987
Constitutional MandateArticles 39A (equal justice and free legal aid) and 14, 22(1) of Constitution
NatureNon-constitutional statutory body

20.2 Composition

PositionDetails
Patron-in-ChiefChief Justice of India
Executive ChairmanJudge of Supreme Court nominated by Chief Justice of India
MembersChief Justice of High Court (ex-officio), Judges of Supreme Court, State Government officials

20.3 Functions

  • Provide free and competent legal services to eligible persons
  • Organize Lok Adalats for amicable settlement of disputes
  • Undertake preventive and strategic legal aid programs
  • Conduct legal awareness camps
  • Provide legal aid to women, children, SC/ST, industrial workers, disabled, victims of disasters
  • Lay down policies and principles for legal aid
  • Frame effective schemes for legal services

20.4 Hierarchy of Legal Services Institutions

  • National Legal Services Authority (NALSA) at national level
  • State Legal Services Authority (SLSA) in every State
  • District Legal Services Authority (DLSA) in every District
  • Taluk Legal Services Committee at Taluk level

20.5 Eligible Persons for Free Legal Aid

  • Women and children
  • Members of SC/ST
  • Industrial workers
  • Disabled persons
  • Persons in custody
  • Persons with annual income less than Rs. 9,00,000 (as per recent criteria)
  • Victims of trafficking, natural disasters, mass violence

20.6 Lok Adalats

  • Alternative Dispute Resolution mechanism
  • Award of Lok Adalat has status of decree of civil court
  • No court fee charged
  • No appeal against award
  • Organized at national, state, district, and taluk levels
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