DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

SABBAVARAM, VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE

NON-CONSTITUTIONAL BODIES IN INDIA

SUBJECT

POLITICAL SCIENCE

NAME OF THE FACULTY

MRS. NIRMALA DEVI

Name 0f the Candidate- Aishani Chakraborty

Roll No. – 19LLB118

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 Semester- 1st

ACKN0WLEDGEMENTS

The final 0utc0me 0f this pr 0ject required a l0t 0f guidance and assistance fr 0m many pe0ple and
I am extremely f0rtunate t0 have g0t this all al0ng the c0mpleti0n 0f my pr 0ject w0rk. Whatever
I have d0ne is 0nly due t0 such guidance and I w0uld like t0 thank them f0r the same.

I thank MRS. NIRMALA DEVI, f0r giving me an 0pp0rtunity t0 d0 this pr0ject and the unfailing
supp0rt and guidance which enabled me t0 finish it 0n time.

I w0uld like t0 express my gratitude t0 DSNLU f0r pr0viding me with all the required materials.

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 ABSTRACT

N0n-c0nstituti0nal b0dies in India are the instituti0ns 0r b0dies which are established either by an
executive res0luti0n 0f the G 0vernment 0f India 0r by a legislati0n enacted by the Parliament 0r
even by an 0fficial Gazette n0tificati0n issued by the Central G0vernment.

The w0rking 0f these extra c0nstituti0nal b0dies 0r any change in their 0rganizati0n can be br0ught
ab0ut by passing an0ther law 0r by means 0f an executive 0rder. It is instituti0ns 0f the
g0vernments, which is n0t defined in the c0nstituti0n but are established by a res0luti0n 0f the
Uni0n Cabinet.

List 0f the n0n-c0nstituti0nal b0dies in India:

NDC, NHRC, central inf0rmati0n c0mmissi0n, central vigilance c0mmissi0n, CBI etc.

These b0dies are crucial f0r the pr0per functi0ning 0f the dem0cratic system, since they deal with
many imp0rtant issues like nati0n devel0pment and human rights. But the questi 0n which arises
here is, why are these b 0dies n0t defined in and emp0wered by the C 0nstituti0n 0f India? Did these
issues never strike the minds 0f 0ur esteemed law makers, that they haven’t included them in the
fundamental law 0f the land?

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 CONTENTS

TOPIC PAGE

 OBJECTIVES OF THE STUDY 5

 SIGNIFICANCE OF THE STUDY 5
 SCOPE OF THE STUDY 5
 RESEARCH QUESTION 5
 HYPOTHESIS 5
 RESEARCH METHODOLOGY 5
 REVIEW OF LITERATURE 5
 WHAT ARE NON-C0NSTITUTIONAL BODIES? 6
 H0W ARE THEY ESTABLISHED?
& H0W DO THEY FUNCTION? 6
 C0NSTITUTIONAL AND NON-CONSTITUTIONAL
B0DIES DISTINGHUISHED. 6
 LIST 0F NON-CONSTITUTIONAL BODIES 7
 OUTC0MES OF THE PROJECT 26
 SUGGESTIONS & C0NCLUSIONS 27
 BIBLIOGRAPHY 28

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OBJECTIVE 0F THE STUDY:

T0 study ab0ut the n0n-c0nstituti0nal b0dies in India.

SIGNIFICANCE OF THE STUDY:

In this pr0ject, the activities and functi0ns 0f the n0n-c0nstituti0nal b0dies in India are dealt with.

SCOPE OF THE STUDY:

It emphasizes 0n the functi0ns 0f these b0dies, the need f0r their establishment and the areas they
deal with.

RESEARCH QUESTION:

What is the importance 0f these b0dies in India, and h0w are they vital in pr0per running 0f the
machinery 0f the g0vernment?

HYPOTHESIS:

These b0dies are established either by an executive res0luti0n 0f the G0vt. 0f India 0r by a
legislati0n enacted by the Parliament 0r even by an 0fficial Gazette n0tificati0n issued by the
Central G 0vernment are essential in the functi0ning 0f the system in India.

RESEARCH METHODOLOGY:

This is a d0ctrinal research, where it is based 0n the previ0us existing literature and the researcher
has tried t0 add s0me new facts t00.

REVIEW OF LITERATURE:

This research paper is prepared by referring many b00ks, articles fr0m magazines, j0urnals,
newspapers, rep0rts 0f NDC, internet s0urces etc.

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 BODY OF THE PROJECT

WHAT ARE NON-CONSTITUTIONAL BODIES?

N0n- C0nstituti0nal b0dies are the instituti0ns/ b0dies that are established either by an executive
res0luti0n 0f the G0vernment 0f India 0r by a legislati0n enacted by the Parliament 0r even by any
0fficial Gazette n0tificati0n issued by the Central G0vernment.

HOW DO THEY FUNCTION? AND HOW ARE THEY ESTABLISHED?

N0n-C0nstituti0nal B0dy:
It is a b0dy which d0es n0t find its name in the c0nstituti0n 0f India. Hence, it cann0t derive p0wer
fr0m c0nstituti0n 0f India. Statut0ry b0dy can als0 be called as a n0n-c0nstituti0nal b0dy.

Statut0ry B0dy:
It is a n0n-c0nstituti0nal b0dy. This b0dy is created by statute i.e. act 0f parliament.
A cabinet res0luti0n can be passed t0 establish this b0dy. It has t0 rely up0n its statute t 0 derive
p0wer.
Ex: Planning c0mmissi0n, Nati0nal c0mmissi0n f0r OBCs, SEBI etc.

CONSTITUTIONAL OR NON-STATUTORY & NON-CONSTITUTIONAL BODIES

DISTINGUISHED 1

C0nstituti0nal B0dies:

1. Framed by (and menti0ned) C0nstituti0n

2. Cann0t be ab0lished with0ut c0nsent 0f the states
3. Helps in perf0rming specific functi0ns 0r duties
4. Can be 0f b0th permanent 0r n0n-permanent type
5. Example: Electi0n C0mmissi0n 0f India, Uni0n Public Service C0mmissi0n (UPSC),
Finance C0mmissi0n etc

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N0n c0nstituti0nal b0dies:

1. N0t f0und in c0nstituti0n 0f a c0untry.

2. Statut0ry b0dy can als0 be called as a n0n-c0nstituti0nal b0dy
3. Example: NDC, NHRC, CIC etc.

Statut0ry B0dies:

1. Set up by law which is auth0rized t0 enf0rce legislati0n 0n behalf 0f the relevant c0untry
0r state

2. M0stly f0und in parliamentary type 0f g0vernment is n0t defined in the c0nstituti0n

3. Example: Nati0nal Human Rights C0mmissi0n, Nati0nal C0mmissi0n f0r W0men etc.

LIST OF NON- CONSTITUTIONAL B0DIES

PLANNING COMMISSI0N

Established in March 1950 by an executive res0luti0n 0f the g0vernment 0f India, (i.e., uni0n
cabinet) 0n

 the rec0mmendati0n 0f the advis0ry planning b0ard c0nstituted in 1946, under the chairmanship
0f K C Ne0gi. Neither a c0nstituti0nal b0dy n0r a statut0ry b0dy.

 a n0n- c0nstituti0nal 0r extra-c0nstituti0nal b0dy (i.e., n0t created by the c0nstituti0n) and a
n0n-statut0ry

 b0dy (n0t created by an act 0f parliament). The supreme 0rgan 0f planning f0r s0cial and
ec0n0mic devel0pment

Functi0ns the functi0ns 0f the planning c0mmissi0n include the f0ll0 wing:

1. Assessment 0f material, capital and human res0urces and investigate the p0ssibilities 0f
augmenting them.

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2. F0rmulate plan f0r the m0st effective and balanced utilisati0n 0f the c0untry’s res0urces.

3. Determine pri0rities and t0 define stages in which the plan sh0uld be carried 0ut.

4. Indicate the fact0rs that retard ec0n0mic devel0pment.

5. Determine the nature 0f the machinery required f0r successful implementati0n 0f the plan in
each stage.

6. Appraise, fr 0m time t0 time, the pr0gress achieved in executi0n 0f the plan and t 0 rec0mmend
necessary adjustments.

7. Make appr0priate rec0mmendati0ns f0r facilitating the discharge 0f its duties, 0r 0n a matter
referred t0 it f0r advice by central 0r state g0vernments. The all0cati0ns 0f business rules have
assigned the f0ll0wing matters (in additi0n t0 the ab0ve) t0 the planning c0mmissi0n2:

1. Public c0-0perati0n in nati0nal devel0pment specific pr0grams f0r area devel0pment n0tified
fr0m time t0 time

2. Perspective planning

3. Institute 0f applied manp0wer research

4. Unique identificati0n auth0rity 0f India (UIDAI)

5. All matters relating t0 nati0nal rain fed area auth0rity (NRAA) earlier, the nati0nal inf0rmatics
center was als0 under the planning c0mmissi0n.

C0mp0siti0n

The f0ll0wing p0ints can be n0ted in c0ntext 0f the c0mp0siti0n (membership) 0f the planning
c0mmissi0n:

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1. Chairman-prime minister, presides 0ver the meetings 0f the c0mmissi0n.

2. A deputy chairman. The de fact0 executive head (i.e., full-time functi0nal head) 0f the
c0mmissi0n.3

CASES - Siddhi Vinayak Construction Co. vs Assessee

NATIONAL DEVELOPMENT COUNCIL

Established in august 1952 by an executive res0luti0n 0f the g0vernment 0f India 0n the

rec0mmendati0n 0f the first five-year plan (draft 0utline), neither a c0nstituti0nal b0dy n0r a
statut0ry b0dy.4

C0mp0siti0n

The NDC is c0mp0sed 0f the f0ll0wing members.

1. Prime minister 0f India (as its chairman/head).

2. All uni0n cabinet ministers (since 1967).

3. Chief ministers 0f all states.

4. Chief ministers/administrat0rs 0f all uni0n territ0ries.

5. Members 0f the planning c0mmissi0n. The secretary 0f the planning c0mmissi0n acts as the
secretary t0 the NDC. It (NDC) is als0 pr0vided with administrative and 0ther assistance f0r its
w0rk by the planning c0mmissi0n.5

Objectives

1. Secure c00perati0n 0f states in the executi0n 0f the plan.

2. Strengthen and m0bilise the eff0rts and res0urces 0f the nati0n in supp0rt 0f the plan.

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3. Pr0m0te c0mm0n ec0n0mic p0licies in all vital spheres.

4. Ensure balanced and rapid devel0pment 0f all parts 0f the c0untry

Functi0ns

1. T0 prescribe guidelines f0r preparati0n 0f the nati0nal plan.

2. T0 c0nsider the nati0nal plan as prepared by the planning c0mmissi0n.

3. T0 make an assessment 0f the res0urces that is required f0r implementing the plan and t0 suggest
measures f0r augmenting them.

4. T0 c0nsider imp0rtant questi0ns 0f s0cial and ec0n0mic p0licy affecting nati0nal devel0pment.

5. T0 review the w0rking 0f the nati0nal plan fr0m time t0 time.

6. T0 rec0mmend measures f0r achievement 0f the aims and targets set 0ut in the nati 0nal plan.
The draft five-year plan prepared by the planning c0mmissi0n is first submitted t 0 the uni0n
cabinet.

 after its appr0val, it is placed bef0re the ndc, f0r its acceptance.

 then, the plan is presented t0 the parliament.

 with its appr0val, it emerges as the 0fficial plan and published in the 0fficial gazette.

 theref0re, the ndc is the highest b0dy, bel0w the parliament, resp0nsible f0r p0licy matters with
regard t0 planning f0r s0cial and ec0n0mic devel0pment. An advis0ry b0dy t0 the planning
c0mmissi0n and its rec0mmendati0ns are n0t binding. It makes its rec0mmendati0ns t0 the central
and state g0vernments and sh0uld meet at least twice every year. 6

CASES - The Automobile vs The State Of Rajasthan

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NATIONAL HUMAN RIGHT COMMISSION

Establishment 0f the human rights c0mmissi0n a statut0ry (and n0t a c0nstituti0nal) b0dy.

 established in 1993 under a legislati0n enacted by the parliament, namely, the pr 0tecti0n 0f
human rights act, 1993. Amended in 2006.

 the watchd0g 0f human rights in the c0untry, that is, the rights relating t 0 life, liberty, equality
and dignity 0f the individual guaranteed by the c0nstituti0n 0r emb0died in the internati0nal
c0venants and enf0rceable by c0urts in india. 7

Objectives

The specific 0bjectives 0f the establishment 0f the c0mmissi0n are :

(a) t0 strengthen the instituti0nal arrangements thr0ugh which human rights issues c0uld be
addressed in their entirety in a m0re f0cused manner;

(b) t0 l00k int0 allegati0ns 0f excesses, independently 0f the g0vernment, in a manner that w0uld
underline the g0vernment's c0mmitment t0 pr0tect human rights; and

(c) t0 c0mplement and strengthen the eff0rts that have already been made in this directi0n.

C0mp0siti0n 0f the c0mmissi0n

The c0mmissi0n is a multi-member b0dy c0nsisting 0f a chairman and f0ur members.

 The chairman sh0uld be a retired chief justice 0f India, and members sh0uld be serving 0r retired
judges 0f the supreme c0urt, a serving 0r retired chief justice 0f a high c0urt and tw0 pers0ns
having kn0wledge 0r practical experience with respect t0 human rights. In additi0n t0 these full-
time members, the c0mmissi0n als0 has f0ur ex-0ffici0 members—the chairmen 0f the nati0nal
c0mmissi0n f0r min0rities, the nati0nal c0mmissi0n f0r scs, the nati0nal c0mmissi0n f0r sts and

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the nati0nal c0mmissi0n f0r w0men. The chairman and members are app0inted by the president
0n the rec0mmendati0 ns 0f a six-member c0mmittee c0 nsisting 0f the prime minister as its head,

the speaker 0f the l0k sabha, the deputy chairman 0f the rajya sabha, leaders 0f the 0pp0siti0n in
b0th the h0uses 0f parliament and the central h0me minister. Further, a sitting judge 0f the
Supreme C0urt 0r a sitting chief justice 0f a high c0urt can be app0inted 0nly after c0nsultati0n
with the chief justice 0f India. The chairman and members h0ld 0ffice f0r a term 0f five years 0r
until they attain the age 0f 70 years, whichever is earlier. After their tenure, the chairman and
members are n0t eligible f0r further empl0yment under the central 0r a state g0vernment.8

Functi0ns 0f the c0mmissi0n

The functi0ns 0f the c0mmissi0n are:

(a) inquire int0 any vi0lati0n 0f human rights 0r negligence in the preventi0n 0f such vi0lati0n by
a public servant, either su 0 m0tu 0r 0n a petiti0n presented t0 it 0r 0n an 0rder 0f a c0urt.

(b) intervene in any pr0ceeding inv0lving allegati0n 0f vi0lati0n 0f human rights pending bef0re
a c0urt.

(c) visit jails and detenti0n places t0 study the living c0nditi0ns 0f inmates and make
rec0mmendati0n there0n.

(d) review the c0nstituti0nal and 0ther legal safeguards f0r the pr0tecti0n 0f human rights and
rec0mmend measures f0r their effective implementati0n.

(e) review the fact0rs including acts 0f terr0rism that inhibit the enj 0yment 0f human rights and
rec0mmend remedial measures.

(f) study treaties and 0ther internati0nal instruments 0n human rights and make rec0mmendati0ns
f0r their effective implementati0n.

(g) undertake and pr0m0te research in the field 0f human rights.

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(h) spread human rights literacy am0ng the pe0ple and pr0m0te awareness 0f the safeguards
available f0r the pr0tecti0n 0f these rights.

(i) enc0urage the eff0rts 0f n0n-g0vernmental 0rganisati0ns (ng0s) w0rking in the field 0f human
rights.

(j) undertake such 0ther functi0ns as it may c0nsider necessary f0r the pr0m0ti0n 0f human rights.

Perf0rmance 0f the c0mmissi0n

The vari0us human rights issues taken up by the c0mmissi0n are as f0ll0ws:

1. Ab0liti0n 0f b0nded lab0ur

2. Functi0ning 0f the mental h0spitals at ranchi, agra and gwali0r

3. Functi0ning 0f the g0vernment pr0tective h0me (w0men), agra

4. Issues c0ncerning right t0 f00d

5. Review 0f the child marriage restraint act, 1929

6. Pr0t0c0ls t0 the c0nventi0n 0n the rights 0f the child

7. Preventing empl0yment 0f children by g0vernment servants: amendment 0f service rules 8.

Ab0liti0n 0f child lab0ur

9. Guideb00k f0r the media 0n sexual vi0lence against children

10. Trafficking in w0men and children: manual f0r the judiciary f0r gender sensitisati 0n

11. Sensitisati0n pr0gramme 0n preventi0n 0f sex t0urism and trafficking

12. Maternal anemia and human rights

13. Rehabilitati 0n 0f destitute w0men in vrindavan

14. C0mbating sexual harassment 0f w0men at the w0rk place

15. Harassment 0f w0men passengers in trains

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16. Ab0liti0n 0f manual scavenging

17. Dalits issues including atr0cities perpetrated 0n them

18. Pr0blems faced by den0tified and n0madic tribes

19. Rights 0f the disabled pers0ns

20. Issues related t0 right t0 health

21. Rights 0f pers0ns affected by hiv / aids

22. Relief w0rk f0r the victims 0f 1999 0rissa cycl 0ne

23. M0nit0ring 0f relief measures undertaken after gujarat earthquake(2001)

24. District c0mplaints auth0rity

25. P0pulati0n p0licy – devel0pment and human rights

26. Review 0f statutes, including terr 0rist & disruptive activities act, and (draft) preventi0n 0f
terr0rism bill, 2000

27. Pr0tecti0n 0f human rights in areas 0f insurgency and terr0rism guidelines t0 check misuse 0f
the p0wer 0f arrest by the p0lice

28. Setting up 0f human rights cells in the state / city p0lice headquarters

29. Steps t0 check cust0dial deaths, rape and t 0rture

30. Accessi0n t0 the c0nventi0n against t0rture

31. Discussi0n 0n ad0pti0n 0f a refugee law f0r the c0untry

32. Systemic ref0rms 0f p0lice, pris0ns and 0ther centers 0f detenti0n

33. Review 0f laws, implementati0n 0f treaties, and the internati 0nal instruments 0n human rights

34. Pr0m0ti0n 0f human rights literacy and awareness in the educati 0nal system

35. Human rights training f0r the armed f0rces and p0lice, public auth0rities and civil s0ciety

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CASES - Pawan Agarwal vs National Human Rights Commission

STATE HUMAN RIGHT COMMISSION

The pr0tecti0n 0f human rights act 0f 1993 pr0vides f0r the creati0n 0f n0t 0nly the nati0nal human
rights c0mmissi0n but als0 a state human rights c0mmissi0n at the state level. Twenty three states
have c0nstituted the state human rights c0mmissi0ns thr0ugh 0fficial gazette n0tificati0ns. A state
human rights c0mmissi0n can inquire int0 vi0lati0n 0f human rights 0nly in respect 0f subjects
menti0ned in the state list (list-ii) and the c0ncurrent list (list-iii) 0f the seventh schedule 0f the
c0nstituti0n9. H0wever, if any such case is already being inquired int0 by the nati0nal human rights
c0mmissi0n 0r any 0ther statut0ry c0mmissi0n, then the state human rights c0mmissi0n d0es n0t
inquire int0 that case.

C0mp0siti0n

C0mp0siti0n 0f the c0mmissi0n a multi-member b0dy c0nsisting 0f a chairpers0n and tw0

members.

 the chairpers0n sh0uld be a retired chief justice 0f a high c0urt and members sh0uld be a serving
0r retired judge 0f a high c0urt 0r a district judge in the state with a minimum 0f seven years

experience as district judge and a pers0n having kn0wledge 0r practical experience with respect t0
human rights. The chairpers0n and members are app0inted by the g0vern0r 0n the
rec0mmendati0ns 0f a c0mmittee c0nsisting 0f the chief minister as its head, the speaker 0f the
legislative assembly, the state h0me minister and the leader 0f the 0pp0siti0n in the legislative
assembly. In the case 0f a state having legislative c0uncil, the chairman 0f the c0uncil and the
leader 0f the 0pp0siti0n in the c0uncil w0uld als0 be the members 0f the c0mmittee. Further, a
sitting judge 0f a high c0urt 0r a sitting district judge can be app0inted 0nly after c0nsultati0n with
the chief justice 0f the high c0urt 0f the c0ncerned state. The chairpers0n and members h0ld 0ffice
f0r a term 0f five years 0r until they attain the age 0f 70 years, whichever is earlier. After their
tenure, the chairpers0n and members are n0t eligible f0r further empl0yment under a state
g0vernment 0r the central g0vernment. Alth0ugh the chairpers0n and members 0f a state human

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rights c0mmissi0n are app0inted by the g0vern0r, they can be rem0ved 0nly by the president (and
n0t by the g0vern0r). The president can rem0ve them 0n the same gr0unds and in the same manner
as he can rem0ve the chairpers0n 0r a member 0f the nati0nal human rights c0mmissi0n.10

Human rights c0urts

The pr0tecti0n 0f human rights act (1993) als0 pr0vides f0r the establishment 0f human rights
c0urt in every district f0r the speedy trial 0f vi0lati0n 0f human rights. These c0urts can be set up
by the state g0vernment 0nly with the c0ncurrence 0f the chief justice 0f the high c0urt 0f that
state. F0r every human rights c0urt, the state g0vernment specifies a public pr0secut0r 0r app0ints
an adv0cate (wh0 has practiced f0r seven years) as a special public pr0secut0r.

Cases - Manoranjan Kumar vs Union Of India

CENTRAL INFORMATION COMMISSION

Established by the central g0vernment in 2005 and was c0nstituted thr0ugh an 0fficial gazette
n0tificati0n under the pr0visi0ns 0f the right t0 inf0rmati0n act (2005). N0t a c0nstituti0nal b0dy.
A high-p0wered independent b0dy which inter alia l00ks int0 the c0mplaints made t0 it and decide
the appeals. 11 Entertains c0mplaints and appeals pertaining t0 0ffices, financial instituti0ns, public
sect0r undertakings, etc., under the central g0vernment and the uni0n territ0ries.

C0mp0siti0n

C0mp0siti0n c0nsists 0f a chief inf0rmati0n c0mmissi0ner and n0t m0re than ten inf0rmati0n
c0mmissi0ners.

 app0inted by the president 0n the rec0mmendati0n 0f a c0mmittee c0nsisting 0f the prime

minister as chairpers0n, the leader 0f 0pp0siti0n in the l0ksabha and a uni0n cabinet minister
n0minated by the prime minister. Sh0uld be pers0ns 0f eminence in public life with wide
kn0wledge and experience in law, science and techn 0l0gy, s0cial service, management,

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j0urnalism, mass media 0r administrati0n and g0vernance.12 Sh0uld n0t be a member 0f
parliament 0r member 0f the legislature 0f any state 0r uni0n territ0ry.

 sh0uld n0t h0ld any 0ther 0ffice 0f pr0fit 0r c0nnected with any p0litical party 0r carrying 0n
any business 0r pursuing any pr0fessi0n.

P0 wers and functi0ns

1. It is the duty 0f the c0mmissi0n t0 receive and inquire int 0 a c0mplaint fr 0m any pers0n:

(a) wh0 has n0t been able t0 submit an inf0rmati0n request because 0f n0n-app0intment 0f a public
inf0rmati0n 0fficer;

(b) wh0 has been refused inf0rmati0n that was requested;

(c) wh0 has n0t received resp0nse t0 his inf0rmati0n request within the specified time limits;

(d) wh0 thinks the fees charged are unreas0nable;

(e) wh0 thinks inf0rmati0n given is inc0mplete, misleading 0r false; and

(f) any 0ther matter relating t0 0btaining inf0rmati0n.

2. The c0mmissi0n can 0rder inquiry int0 any matter if there are reas0nable gr0unds (su0-m0t0
p0wer).

3. While inquiring, the c0mmissi0n has the p0wers 0f a civil c0urt in respect 0f the f0ll0wing
matters:

(a) summ0ning and enf0rcing attendance 0f pers0ns and c0mpelling them t 0 give 0ral 0r written
evidence 0n 0ath and t0 pr0duce d0cuments 0r things;

(b) requiring the disc0very and inspecti0n 0f d0cuments;

(c) receiving evidence 0n affidavit;

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NCERT book on political science 17
(d) requisiti0ning any public rec0rd fr0m any c0urt 0r 0ffice; issuing summ0ns f0r examinati0n 0f
witnesses 0r d0cuments; and

(e) any 0ther matter which may be prescribed.

4. During the inquiry 0f a c0mplaint, the c0mmissi0n may examine any rec0rd which is under the
c0ntr0l 0f the public auth0rity and n0 such rec0rd may be withheld fr0m it 0n any gr0unds. In
0ther w0rds, all public rec0rds must be given t0 the c0mmissi0n during inquiry f0r examinati0n.

5. The c0mmissi0n has the p0wer t0 secure c0mpliance 0f its decisi0ns fr0m the public auth0rity.
This includes:

(a) pr0viding access t0 inf0rmati0n in a particular f0rm;

(b) directing the public auth0rity t0 app0int a public inf0rmati0n 0fficer where n0ne exists;

(c) publishing inf0rmati0n 0r categ0ries 0f inf0rmati0n;

(d) making necessary changes t0 the practices relating t0 management, maintenance and
destructi0n 0f rec0rds;

(e) enhancing training pr0visi0n f0r 0fficials 0n the right t0 inf0rmati0n;

(f) seeking an annual rep0rt fr0m the public auth0rity 0n c0mpliance with this act;

(g) requiring the public auth0rity t0 c0mpensate f0r any l0ss 0r 0ther detriment suffered by the
applicant;

(h) imp0sing penalties under this act; and

(i) rejecting the applicati 0n.

6. The c0mmissi0n submits an annual rep0rt t0 the central g0vernment 0n the implementati0n 0f
the pr0visi0ns 0f this act. The central g0vernment places this rep0rt bef0re each h0use 0f
parliament. When a public auth0rity d0es n0t c0nf0rm t0 the pr0visi0ns 0f this act, the

18
c0mmissi0n may rec0mmend (t0 the auth0rity) steps which 0ught t0 be taken f0r pr0m0ting such
c0nf0rmity13.

STATE INFORMATION COMMISSION

The right t0 inf0rmati0n act 0f 2005 pr0vides f0r the creati0n 0f n0t 0nly the central inf0rmati0n
c0mmissi0n but als0 a state inf0rmati0n c0mmissi0n at the state level. All the states have
c0nstituted the state inf0rmati0n c0mmissi0ns thr0ugh 0fficial gazette n0tificati0ns. The state
inf0rmati0n c0mmissi0n is a high-p0wered independent b0dy which interalia l00ks int0 the
c0mplaints made t0 it and decide the appeals. It entertains c0mplaints and appeals pertaining t0
0ffices, financial instituti0ns, public sect0r undertakings, etc., under the c0ncerned state

g0vernment.

C0mp0siti0n

The c0mmissi0n c0nsists 0f a state chief inf0rmati0n c0mmissi0ner and n0t m0re than ten state
inf0rmati0n c0mmissi0ners. App0inted by the g0vern0r 0n the rec0mmendati0n 0f a c0mmittee
c0nsisting 0f the chief minister as chairpers0n, the leader 0f 0pp0siti0n in the legislative assembly
and a state cabinet minister n0minated by the chief minister. They sh0uld be pers0ns 0f eminence
in public life with wide kn0wledge and experience in law, science and techn 0l0gy, s0cial service,
management, j0urnalism, mass media 0r administrati0n and g0vernance. Sh0uld n0t be a member
0f parliament 0r member 0f the legislature 0f any state 0r uni0 n territ0 ry. sh0uld n0t h0ld any

0ther 0ffice 0f pr0fit 0r c0nnected with any p0litical party 0r carrying 0n any business 0r pursuing

any pr0fessi0n.14

CENTRAL VIGILANCE COMMISSION

It is the main agency f0r preventing c0rrupti0n in the central g0vernment. Established in 1964 by
an executive res0luti0n 0f the central g0vernment.

 establishment was rec0mmended by the santhanam c0mmittee 0n preventi0n 0f c0rrupti0n

(1962–64).

13

14
Indian Polity for UPSC
Indian Polity for UPSC
19
 0riginally the CVC was neither a c0nstituti0nal b0dy n0r a statut0ry b0dy.

 in September 2003, the parliament enacted a law c0nferring statut0ry status 0n the CVC.

 in 2004, the g0vernment 0f india auth0rised the cvc as the ―designated agency‖ t0 receive
written c0mplaints f0r discl0sure 0n any allegati0n 0f c0rrupti0n 0r misuse 0f 0ffice and
rec0mmend appr0priate acti0n. C0nceived t0 be the apex vigilance instituti0n, free 0f c0ntr0l
fr0m any executive auth0rity, m0nit0ring all vigilance activity under the central g0vernment and
advising vari0us auth0rities in central g0vernment 0rganisati0ns in planning, executing, reviewing
and ref0rming their vigilance w0rk.

C0mp0siti0n

A multi-member b0dy c0nsisting 0f a central vigilance c0mmissi0ner (chairpers0n) and n0t m0re
than tw0 vigilance c0mmissi0ners. App0inted by the president by warrant under his hand and seal
0n the rec0mmendati0 n 0f a three-member c0mmittee c0nsisting 0f the prime minister as its head,

the uni0n minister 0f h0me affairs and the leader 0f the 0pp0siti0n in the l0k sabha. H0ld 0ffice
f0r a term 0f f0ur years 0r until they attain the age 0f sixty five years, whichever is earlier.

 after their tenure, they are n0t eligible f0r further empl0yment under the central 0r a state
g0vernment.

 the president can rem0ve the central vigilance c0mmissi0ner 0r any vigilance c0mmissi0ner
fr0m the 0ffice under the f0ll0wing circumstances:

(a) adjudged an ins0lvent; 0r c0nvicted 0f an 0ffence which (in the 0pini0n 0f the central
g0vernment) inv0lves a m0ral turpitude; 0r

(b) engages, during his term 0f 0ffice, in any paid empl 0yment 0utside the duties 0f his 0ffice; 0r

(c) he is (in the 0pini0n 0f the president), unfit t0 c0ntinue in 0ffice by reas0n 0f infirmity 0f mind
0r b0dy; 0r

20
(d) acquired such financial 0r 0ther interest as is likely t0 affect prejudicially his 0fficial functi0ns.
The president can als0 rem0ve the central vigilance c0mmissi0ner 0r any vigilance c0mmissi0ner
0n the gr0und 0f pr0ved misbehavi0ur 0r incapacity. The president has t0 refer the matter t0 the

supreme c0urt f0r an enquiry.

 if the supreme c0urt, after the enquiry, uph0lds the cause 0f rem0val and advises s0, then the
president can rem0ve him. He is deemed t0 be guilty 0f misbehavi0r, if he

(a) is c0ncerned 0r interested in any c0ntract 0r agreement made by the central g0vernment, 0r

(b) participates in any way in the pr 0fit 0f such c0ntract 0r agreement 0r in any benefit 0r
em0lument arising there fr0m 0therwise than as a member and in c0mm0n with the 0ther members
0f an inc0rp0rated c0mpany. The salary, all0wances and 0ther c0nditi0ns 0f service 0f the central

vigilance c0mmissi0ner are similar t0 th0se 0f the chairman 0f upsc and that 0f the vigilance
c0mmissi0ner are similar t0 th0se 0f a member 0f upsc. But they cann0t be varied t0 his
disadvantage after his app0intment

Functi0ns

1. Inquire 0r cause an inquiry 0r investigati0n t0 be c0nducted 0n a reference made by the central

g0vernment wherein it is alleged that a public servant being an empl 0yee 0f the central g0vernment
0r its auth0rities, has c0mmitted an 0ffence under the preventi0n 0f c0rrupti 0n act, 1988.

2. Inquire 0r cause an inquiry 0r investigati0n t0 be c0nducted int0 any c0mplaint against any
0fficial bel0nging t0 the bel0w menti0 ned categ0ry 0f 0fficials wherein it is alleged that he has

c0mmitted an 0ffence under the preventi0n 0f c0rrupti0n act, 1988:

(a) members 0f all-india services serving in the uni0n and gr0up a ‘0fficers 0f the central
g0vernment; and

(b) specified level 0f 0fficers 0f the auth0rities 0f the central g0vernment.

3. Exercise superintendence 0ver the functi0ning 0f delhi special p0lice establishment (which is a
part 0f central bureau 0f investigati0n) in s0 far as it relates t0 the investigati 0n 0f 0ffences alleged
t0 have been c0mmitted under the preventi0n 0f c0rrupti0n act, 1988.

21
4. The delhi special p0lice establishment is required t0 0btain the pri0r appr0val 0f the central
g0vernment bef0re c0nducting any inquiry 0r investigati0n int0 an 0ffence c0mmitted by 0fficers
0f the rank 0f j0int secretary and ab0ve in the central g0vernment and its auth0rities.

5. Give directi0ns t0 the delhi special p0lice establishment f0r the purp0se 0f discharging the
resp0nsibility entrusted t0 it under the delhi special p0lice establishment act, 1946.

6. Review the pr0gress 0f investigati0ns c0nducted by the delhi special p0lice establishment int0
0ffences alleged t0 have been c0mmitted under the preventi0n 0f c0rrupti0n act, 1988. Review the

pr0gress 0f applicati0ns pending with the c0mpetent auth0rities f0r sancti0n 0f pr0secuti0n under
the preventi0n 0f c0rrupti0n act, 1988.15

8. Tender advise t 0 the central g0vernment and its auth0rities 0n such matters as are referred t0 it
by them.

9. Exercise superintendence 0ver the vigilance administrati0n in the ministries 0f the central
g0vernment 0r its auth0rities.

10. T0 undertake 0r cause an inquiry int0 c0mplaints received under the public interest discl0sure
and pr0tecti0n 0f inf0rmers ‘res0luti0n and rec0mmend appr0priate acti0n.

11. The central g0vernment is required t0 c0nsult the CVC in making rules and regulati0ns
g0verning the vigilance and disciplinary matters relating t 0 the members 0f central services and
all-india services. 16

12. The central vigilance c0mmissi0ner is als0 the Chairpers0n 0f the tw0 C0mmittees, 0n wh0se
rec0mmendati0ns the Central G0vernment app0ints the Direct0r 0f the Delhi Special P0lice
Establishment and the Direct0r 0f Enf0rcement.17

13. The C0mmittee c0ncerned with the app0intment 0f the Direct0r 0f CBI is als0 emp0wered t0
rec0mmend, after c0nsultati0n with the Direct0r (CBI), app0intment 0f 0fficers t0 the p0sts 0f the

15
Statutory and Non-Statutory Bodies of India –Compiled, Institute of Objective Studies 162,
Jogabai Main Road, Jamia Nagar, New Delhi.
22
16
Indian Polity for UPSC
17
NCERT book on political science
level 0f SP and ab0ve in DSPE. The C0mmittee c0ncerned with the app0intment 0f the Direct0r
0f Enf0rcement is als0 emp0 wered t0 rec0mmend, after c0 nsultati0 n with the Direct0r 0f

Enf0rcement, app0intment 0f 0fficers t0 the p0sts 0f the level 0f Deputy Direct0r and ab0ve in the
Direct0rate 0f Enf0rcement.18

CASES –

Sh. S.P.Singh vs Union Of India And Others

CENTRAL BUREAU OF INVESTIGATION

Establishment 0f CBI set up in 1963 by a res0luti0n 0f the Ministry 0f H0me Affairs.

 transferred t0 the Ministry 0f Pers0nnel and n0w it enj0ys the status 0f an attached 0ffice.

 The Special P0lice Establishment (which l00ked int0 vigilance cases) setup in 1941 was als0
merged with the CBI. The establishment 0f the CBI was rec0mmended by the Santhanam
C0mmittee 0n Preventi0n 0f C 0rrupti0n (1962 -1964). N0t a statut0ry b0dy. It derives its p0wers
fr0m the Delhi Special P0lice Establishment Act, 1946.

 the main investigating agency 0f the Central G0vernment.

 plays an imp0rtant r0le in the preventi0n 0f c0rrupti0n and maintaining integrity in

administrati0n.

 pr0vides assistance t0 the Central Vigilance C0mmissi0n

M0tt0, Missi0n and Visi0n 0f CBI M0tt0:

Industry, Impartiality and Integrity Missi0n: T0 uph0ld the C0nstituti0n 0f India and law 0f the
land thr0ugh in-depth investigati0n and successful pr0secuti0n 0f 0ffences; t0 pr0vide leadership
and directi0n t0 p0lice f0rces and t0 act as the n0dal agency f0r enhancing inter-state and

18
Indian Polity for UPSC 23
internati0nal c00perati0n in law enf0rcement Visi0n19: Based 0n its m0tt0, missi 0n and the need
t0 devel0p pr 0fessi0nalism, transparency, adaptability t0 change and use 0f science and techn0l0gy
in its w0rking, the CBI will f0cus 0n

1. C0mbating c0rrupti0n in public life, curbing ec0n0mic and vi0lent crimes thr0ugh meticul0us
investigati0n and pr0secuti0n

2. Ev0lving effective systems and pr 0cedures f0r successful investigati0n and pr0secuti0n 0f cases
in vari0us law c0urts

3. Helping fight cyber and high techn0l0gy crime Creating a healthy w0rk envir0nment that
enc0urages teambuilding, free c0mmunicati0n and mutual trust

4. Supp0rting state p0lice 0rganisati0ns and law enf0rcement agencies in nati 0nal and internati0nal
c00perati0n, particularly relating t0 enquiries and investigati0n 0f cases

5. Playing a lead r0le in the war against nati0nal and transnati0nal 0rganised crime

6. Uph0lding human rights, pr0tecting the envir0nment, arts, antiques and heritage 0f 0ur
civilizati0n Devel0ping a scientific temper, humanism and the spirit 0f inquiry and ref0rm

7. Striving f0r excellence and pr0fessi0nalism in all spheres 0f functi0ning s0 that the 0rganisati0n
rises t0 high levels 0f endeav0r and achievement.

0rganisati0n 0f CBI

The CBI has the f0ll0wing divisi0ns:

1. Anti-C0rrupti0n Divisi0n

2. Ec0n0mic 0ffences Divisi0n

3. Special Crimes Divisi0n

4. P0licy and Internati0nal P0lice C00perati0n Divisi0n

19
Statutory and Non-Statutory Bodies of India –Compiled, Institute of Objective Studies 162,
Jogabai Main Road, Jamia Nagar, New Delhi.
24
5. Administrati0n Divisi0n

6. Direct0rate 0f Pr0secuti0n

7. Central F0rensic Science Lab0rat0ry

C0mp0siti0n

C0mp0siti0n 0f CBI headed by a Direct0r.

 assisted by a special direct0r 0r an additi0nal direct0r.

 has a number 0f j0int direct0rs, deputy inspect0r generals, superintendents 0f p0lice and all
0ther usual ranks 0f p0lice pers0nnel. In t 0tal, it has ab0ut 5000 staff members, ab0ut 125 f0rensic

scientists and ab0ut 250 law 0fficers.

 The Direct0r 0f CBI as Inspect0r-General 0f P0lice, Delhi Special P 0lice Establishment, is

resp0nsible f0r the administrati0n 0f the 0rganizati0n. With the enactment 0f CVC Act, 2003, the
superintendence 0f Delhi Special P0lice Establishment vests with the Central G0vernment save
investigati0ns 0f 0ffences under the Preventi0n 0f C0rrupti0n Act, 1988, in which, the
superintendence vests with the Central Vigilance C 0mmissi0n. The Direct0r 0f CBI has been
pr0vided security 0f tw0-year tenure in 0ffice by the CVC Act, 2003. The CVC Act als0 pr0vides
the mechanism f0r the selecti 0n 0f the Direct0r 0f CBI and 0ther 0fficers 0f the rank 0f SP and
ab0ve in the CBI. The Direct0r 0f the CBI is app0inted by the Central G0vernment 0n the
rec0mmendati0n 0f a c0mmittee c0nsisting 0f the Central Vigilance C0mmissi0ner as
Chairpers0n, the Vigilance C0mmissi0ners, the Secretary t0 the G0vernment 0f India in-charge 0f
the Ministry 0f H0me Affairs and the Secretary (C00rdinati0n and Public Grievances) in the
Cabinet Secretariat. 20

Functi0ns

The functi0ns 0f CBI are:

1. Investigating cases 0f c0rrupti0n, bribery and misc0nduct 0f Central g0vernment empl0yees

20
NCERT book on political science 25
2. Investigating cases relating t0 infringement 0f fiscal and ec0n0mic laws, that is, breach 0f laws
c0ncerning exp0rt and imp0rt c0ntr0l, cust0ms and central excise, inc0me tax, f0reign exchange
regulati0ns and s0 0n. H0wever, such cases are taken up either in c0nsultati0n with 0r at the request
0f the department c0ncerned. 21

3. Investigating seri0us crimes, having nati0nal and internati0nal ramificati0ns, c0mmitted by

0rganised gangs 0f pr0 fessi0nal criminals

4. C00rdinating the activities 0f the anti-c0rrupti0n agencies and the vari0us state p0lice f0rces

5. Taking up, 0n the request 0f a state g0vernment, any case 0f public imp0rtance f0r investigati0n

6. Maintaining crime statistics and disseminating criminal inf0rmati0n.

CASES - State Through Cbi vs Suchi Dhir & Others on 23 July, 2015

OUTCOMES OF THE PROJECT

This research paper is primarily c0ncerned ab0ut the n0n-c0nstituti0nal b0dies in India, their
establishments, the s0urces 0f their auth0rities, their c0mp0siti0ns and the functi0ns. These b0dies
are essential f0r the pr 0per functi0ning 0f the g0vernment system.

21
NCERT book on political science 26
 SUGGESTIONS AND CONCLUSIONS

These b0dies carry 0ut many imp0rtant functi0ns required f0r the pr0per w0rking 0f the system.
Thus, they must be vested with en0ugh p0wers and their ambit sh0uld be large en0ugh t0 influence
all the necessary spheres.

27
 BIBLIOGRAPHY

1. NCERT b00k 0n p0litical science class 12

2. Indian P0lity f0r UPSC
3. Statut0ry and N0n-Statut0ry B0dies 0f India –C0mpiled, Institute 0f 0bjective Studies 162,
J0gabai Main R0ad, Jamia Nagar, New Delhi – 110025.

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