Non-Constitutional and Statutory Bodies in India

Full name: National Institution for Transforming India.

Nature: non-constitutional and non-statutory body created by executive resolution/notification. It replaced the Planning Commission in 2015.

Role

• promotes cooperative and competitive federalism;
• provides strategic and technical policy advice to the Union and States;
• supports long-term policy planning and monitoring;
• serves as a platform for Centre-State consultation through its Governing Council; and
• undertakes research, data analysis and programme evaluation.

Governing Council

The Governing Council is chaired by the Prime Minister of India and includes Chief Ministers of States and Union Territories with legislatures, Lieutenant Governors/Administrators of other Union Territories, along with the Vice-Chairperson, full-time members, ex-officio members and special invitees as notified.

Exam correction: NITI Aayog is not simply divided into a "Research Wing, Consultancy and Team India Wing", nor does its constitutional status depend on "one person from each Ministry". Its composition is governed by the current Cabinet Secretariat notification and may be revised from time to time.

Nature: statutory body.

Law: Protection of Human Rights Act, 1993, as amended, including the 2019 amendment.

Composition

The NHRC is headed by a Chairperson who is or has been the Chief Justice of India or a Judge of the Supreme Court, together with judicial and expert members specified in Section 3. The Act also provides for ex-officio participation of chairpersons of specified national commissions.

Appointment

The Chairperson and Members are appointed by the President of India on the recommendation of the statutory committee headed by the Prime Minister and including the Speaker of the Lok Sabha, Union Home Minister, Leaders of Opposition in the Lok Sabha and Rajya Sabha, and Deputy Chairman of the Rajya Sabha.

Tenure

After the 2019 amendment, the Chairperson and Members generally hold office for three years or until the age of 70 years, whichever is earlier, subject to the Act and eligibility for reappointment.

Functions

• inquire into complaints of human-rights violations or negligence in prevention by public servants;
• intervene in court proceedings involving allegations of human-rights violations with the court's approval;
• visit specified institutions and study living conditions;
• review constitutional and statutory safeguards;
• study international human-rights instruments; and
• promote research and human-rights awareness.

A State Government may constitute a State Human Rights Commission under Chapter V of the Protection of Human Rights Act, 1993.

The Chairperson is a person who has been a Chief Justice or Judge of a High Court. The Commission also includes a judicial member and a member having knowledge of or practical experience in human-rights matters, as provided by the amended Act.

Appointments are made by the Governor after recommendation by the statutory State-level committee headed by the Chief Minister.

Law: Right to Information Act, 2005, as amended by the Right to Information (Amendment) Act, 2019 and the applicable rules.

Central Information Commission

• consists of the Chief Information Commissioner and such number of Information Commissioners, not exceeding 10, as the Central Government considers necessary;
• appointments are made by the President on recommendation of a committee consisting of the Prime Minister, Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister; and
• under the current rules, the term of office is generally three years from entering office, subject to the governing Act and rules.

State Information Commission

A State Information Commission consists of a State Chief Information Commissioner and such number of State Information Commissioners, not exceeding 10, as considered necessary. Appointments are made by the Governor on recommendation of the committee prescribed by Section 15.

Exam correction: "1+10" means a Chief Information Commissioner plus up to ten Information Commissioners; it does not mean one is recommended by the President and ten by Governors.

Nature: statutory body under the Central Vigilance Commission Act, 2003.

The CVC was originally established in 1964 following the recommendations of the Committee on Prevention of Corruption chaired by K. Santhanam, and later received statutory status through the 2003 Act.

Composition

The Commission consists of:

• one Central Vigilance Commissioner; and
• not more than two Vigilance Commissioners.

Appointment and tenure

The President appoints the Central Vigilance Commissioner and Vigilance Commissioners on the recommendation of a committee consisting of the Prime Minister, Union Home Minister and Leader of Opposition in the Lok Sabha.

The statutory tenure is four years or until attaining the age of 65 years, whichever is earlier.

Functions

The Commission exercises vigilance and supervisory functions under the 2003 Act, including superintendence over the Delhi Special Police Establishment in relation to investigation of offences alleged under the Prevention of Corruption Act, 1988, as provided by law.

Nature: premier central investigating agency; it is not created by a "Delhi Special Police Establishment Act, 1963".

The CBI was established by a Government of India Resolution dated 1 April 1963. Its police and investigative powers are primarily derived from the Delhi Special Police Establishment Act, 1946.

The DSPE Act is administered under the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions, not the Ministry of Home Affairs.

Jurisdiction

• The Central Government may specify offences to be investigated under Section 3 of the DSPE Act.
• Powers may be extended to a State under Section 5, ordinarily subject to State consent under Section 6.
• The Supreme Court and High Courts may direct a CBI investigation in exercise of constitutional jurisdiction even without State consent in an appropriate case.

Director of CBI

The Director is appointed by the Central Government on recommendation of the statutory committee comprising the Prime Minister, Leader of Opposition in the Lok Sabha (or leader of the single largest opposition party where applicable) and the Chief Justice of India or a Supreme Court Judge nominated by the Chief Justice.

Law: Lokpal and Lokayuktas Act, 2013 (Act 1 of 2014), brought into force on 16 January 2014.

The Lokpal is the statutory anti-corruption ombudsman for the Union in respect of public functionaries within the jurisdiction specified by the Act.

Composition

• one Chairperson; and
• up to eight Members, of whom 50% must be Judicial Members.

Not less than 50% of the Members must be from among Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities and women, as provided by Section 3.

Appointment

The Chairperson and Members are appointed by the President on recommendation of the Selection Committee prescribed by Section 4, with assistance from a Search Committee as provided by the Act and rules.

Tenure

The Chairperson and Members hold office for five years or until attaining 70 years of age, whichever is earlier, subject to the Act.

Current chairperson

Justice Ajay Manikrao Khanwilkar was appointed Chairperson of Lokpal by the President in February 2024.

Section 63 of the Lokpal and Lokayuktas Act, 2013 requires every State to establish a body known as the Lokayukta by a law made by the State Legislature, if it had not already done so, within the statutory framework.

Exam correction: there is no single uniform rule that "the Governor appoints every Lokayukta". Composition, selection committee, appointment procedure, powers and tenure depend on the relevant State Lokayukta statute.

• NITI Aayog: non-statutory; Prime Minister chairs Governing Council.
• NHRC: Protection of Human Rights Act, 1993; tenure 3 years / age 70 after 2019 amendment.
• CIC/SIC: Right to Information Act, 2005.
• CVC: Central Vigilance Commission Act, 2003; 4 years / age 65.
• CBI: set up by 1963 Resolution; powers primarily under DSPE Act, 1946.
• Lokpal: Lokpal and Lokayuktas Act, 2013; Chairperson + up to 8 Members.
• Lokayukta: created under State law; no single uniform appointment formula for all States.