Extra Constitutional Bodies -Polity and Constitution, UPSC. IAS. | Polity and Constitution (Prelims) by IAS Masters PDF Download

Extra Constitutional Bodies

EXTRA-CONSTITUTIONAL BODIES

• National Commission for Women
• Minorities commission
• Human rights commission
• Central Information commission

National Commission for Women

• set up as a statutory body in January 1992 under the National Commission for Women Act, 1990 to review the Constitutional and Legal safeguards for the women
• Recommend remedial Legislative measures, facilitate redressal of the grievances and advise the Government on all policy matters affecting the women.
• The first Commission was constituted on 31^st January 1992 with Mrs Jayanti Patnaik as the Chairperson.

Composition

• The Commission shall consist of:
  a) A Chairperson to be nominated by the Central Government.
  b) Five members - to be nominated by the Central Government from amongst the persons of ability, integrity and standing - and have the experience in various fields
  c) A Member Secretary - to be nominated by the Central Government.
  The member Secretary should be either
• (1) an expert in the field of management, organisation structure or social movement or
• (2) an officer who is a member of a Civil Services of the Union or of an All India Service with appropriate experience.
• The Act has bestowed the Commission with wide ranging powers and functions. It also vests the Commission with the power of a Civil Court.

a) Investigate and examine all the matters relating to the safeguards provided for the women under the Constitution and other laws;

b) Present to the Central Government, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;

c) Make in such reports/recommendations for the effective implementation of those safeguards for improving the conditions of the women by the Union or any State;

d) Review, from time to time, the existing provisions of the Constitution and other laws affecting the women and recommend amendments thereof so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislations;

e) Take up cases of violation of the provisions of the Constitution and of other laws relating to the women with the appropriate authorities;

f) Look into complaints and take suo moto notice of the matters relating to:
i. deprivation of the women's rights;
ii. non-implementation of the laws enacted to provide protection to the women and also to achieve the objective of equality and development;
iii. non compliance of the policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to the women, and take up the issues arising out of such matters with appropriate authorities;

g) Call for special studies or investigations into specific problems or situations arising out of the discrimination and atrocities against the women and identify the constraints so as to recommend strategies for their removal;

h) Undertake the promotional and educational research so as to suggest ways of ensuring due representation of the women in all spheres and identify factors responsible for impeding the support services and technologies for reducing drudgery and occupational health hazards and for increasing their productivity;

i) Evaluate the progress of the development of women under the Union and any State;

j) Inspect or cause to inspect a jail, remand home, women's institution or other places of custody where the women are kept as prisoners or otherwise and take up with the concerned authorities for remedial action, if found necessary;

k) Fund litigations involving the issues affecting a large body of the women;

l) Make periodical reports to the Government on any matter pertaining to the women and in particular various difficulties under which women toil;
m) Any other matter which may be referred to it by the Central Government.

Minorities Commission

• National Commission for Minorities as the first Statutory Commission was constituted in 1993.

Composition

• The Commission shall consist of a
  • Chairperson,
  • a Vice Chairperson and
  • five Members
• to be nominated by the Central Government from amongst persons of eminence, ability and integrity;
• Provided that five Members including the Chairperson shall be from amongst the Minority communities

Functions of the Commission

a) evaluate the progress of the development of Minorities under the Union and States;

b) monitor the working of the safeguards provided in the Constitution and in laws enacted by Parliament and the State Legislatures;

c) make recommendations for the effective implementation of safeguards for the protection of the interests of Minorities by the Central Government or the State Governments;

d) look into specific complaints regarding deprivation of rights and safeguards of the Minorities and take up such matters with the appropriate authorities;

e) cause studies to be undertaken into problems arising out of any discrimination against Minorities and recommend measures for their removal;

f) conduct studies, research and analysis on the issues relating to socio-economic and educational development of Minorities;

g) suggest appropriate measures in respect of any Minority to be undertaken by the Central Government or the State Governments;

h) make periodical or special reports to the Central Government on any matter pertaining to Minorities and in particular the difficulties confronted by them; and

i) any other matter which may be referred to it by the Central Government.

National Human Rights Commission 

• The National Human Rights Commission (NHRC) of India is an autonomous statutory body
• established on 12 October 1993,under the provisions of The Protection of Human Rights Act, 1993.

Composition

• A Chairperson who has been a Chief Justice of the Supreme Court of India
• One Member who is, or has been, a Judge of the Supreme Court of India
• One Member who is, or has been, the Chief Justice of a High Court
• Two Members to be appointed from among persons having knowledge of, or practical experience in, matters relating to human rights
• In addition to this, the Chairpersons of the National Commission for Minorities, the National Commission for the Scheduled Castes, National Commission for the Scheduled Tribes, and the National Commission for Women, serve as ex officio members.

Appointment

• The Chairperson and members of the NHRC are appointed by the President of India, on the recommendation of a committee consisting of:
  • The Prime Minister (chairperson)
  • The Home Minister
  • The Leader of the Opposition in the Lok Sabha
  • The Leader of the Opposition in the Rajya Sabha
  • The Speaker of the Lok Sabha
  • The Deputy Chairman of the Rajya Sabha

Functions

• proactively or reactively inquire into violations of human rights or negligence in the prevention of such violation by a public servant
• visit any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates and make recommendations
• review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation
• review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures
• study treaties and other international instruments on human rights and make recommendations for their effective implementation
• undertake and promote research in the field of human rights
• spread literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means
• encourage the efforts of NGOs and institutions working in the field of human rights.
• such other function as it may consider it necessary for the protection of human rights.
• take suo motu action, if required in a case if the victim is not in a position to access a court.

Central Information Commission 

• Central Information Commission to be constituted by the Central Government through a Gazette Notification.   

Composition

• Commission includes 1 Chief Information Commissioner (CIC) and not more than 10 Information Commissioners (IC) who will be appointed by the President of India. 
• Oath of Office will be administered by the President of India.
• Commission shall have its Headquarters in Delhi. .

Eligibility criteria and process of appointment

• Candidates for CIC/IC must 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.
• CIC/IC shall not be a Member of Parliament or Member of the Legislature of any State or Union Territory.
• He shall not hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession. 
• Appointment Committee includes Prime Minister (Chair), Leader of the Opposition in the Lok Sabha and one Union Cabinet Minister to be nominated by the Prime Minister

Term of office and other service conditions

• CIC shall be appointed for a term of 5 years from date on which he enters upon his office or till he attains the age of 65 years, whichever is earlier. 
• CIC is not eligible for reappointment. 
• Salary will be the same as that of the Chief Election Commissioner. This will not be varied to the disadvantage of the CIC during service.

powers and functions of Information Commissions

• The Central Information Commission/State Information Commission has a duty to receive complaints from any person –

a) who has not been able to submit an information request because a PIO has not been appointed

b) who has been refused information that was requested; 

c) who has received no response to his/her information request within the specified time limits ; 

d) who thinks information given is incomplete or false or misleading ;and

• Power to order inquiry if there are reasonable grounds.
• CIC/SCIC will have powers of Civil Court such as - 

a) summoning and enforcing attendance of persons,

b) receiving evidence on affidavit

c)  requisitioning public records or copies from any court or office 

d) issuing summons for examination of witnesses or documents.

• All records covered by this law (including those covered by exemptions) must be given to CIC/SCIC during inquiry for examination.
• Power to secure compliance of its decisions from the Public Authority