Non-constitutional Bodies - Indian Polity Questions and Answers

ANSWER: Only 1

Explanation:

Central Bureau of Investigation -


• Central Bureau of Investigation (CBI) was established in 1963.


• Santhanam Committee on Prevention of Corruption (1962-1964) recommended formation of CBI.


• It was by a resolution of the Ministry of Home Affairs.


• The CBI is non-statutory body deriving its powers from the Delhi Special Police Establishment Act, 1946.


• Later on, CBI was transferred to the Ministry of Personnel.


• Currently it enjoys the status of an attached office.


• It comes under administrative control of the Department of Personnel and Training (DoPT) of the Ministry of Personnel.


• The Special Police Establishment established in 1941 was merged with the CBI.


• The CBI is primary investigating agency of the Union Government, playing an important role in the prevention of corruption.


• It also provides help to the Central Vigilance Commission.

Vision of CBI -


• MOTTO of CBI - Industry, Impartiality and Integrity.


• MISSION of CBI - To uphold the Constitution of India and law of the land through in-depth investigation and successful prosecution of offences; to provide leadership and direction to police forces and to act as the nodal agency for enhancing inter-state and international cooperation in law enforcement.


• VISION of CBI - Based on its motto, mission and the need to develop professionalism, transparency, adaptability to change and use of science and technology in its working, the CBI will focus on -
  
  1) Combating corruption in public life, curb economic and violent crimes through meticulous investigation and prosecution.
  
  2) Evolve effective systems and procedures for successful investigation and prosecution of cases in various law courts.
  
  3) Help fight cyber and high technology crime.
  
  4) Create a healthy work environment that encourages team-building, free communication and mutual trust.
  
  5) Support state police organizations and law enforcement agencies in national and international co-operation particularly relating to enquiries and investigation of cases.
  
  6) Play a lead role in the war against national and transnational organized crime.
  
  7) Uphold Human Rights; protect the environment, arts, antiques and heritage of our civilization.
  
  8) Develop a scientific temper, humanism and the spirit of inquiry and reform.
  
  9) Strive for excellence and professionalism in all spheres of functioning so that the organization rises to high levels of endeavor and achievement.

ANSWER: Only 1

Explanation:

Functions of CBI -


• Cases of corruption, bribery, etc. of Union government employees is investigated by it.


• Cases relating to infringement of fiscal and economic laws, customs and central excise, income tax etc., are also investigated.


• But such cases are taken on request of the concerned department or CBI acts as a consultant to them.


• Grave crimes of national and international effects, committed by organized gangs are also investigated.


• Activities of anti-corruption agencies and various state police forces are coordinated by CBI.


• State Government can request CBI to take up any case of public importance for investigation.


• CBI maintains and shares criminal records and crime statistics.


• CBI normally restricts its ambit to anti-corruption offences committed by Union Government employees.


• It is only on request of state government or order of the Supreme/High Court that CBI looks into crimes like murder, kidnapping etc.


• CBI is ‘National Central Bureau’ of Interpol in India.


• CBI has a separate Interpol wing to coordinate with Interpol’s member nations.

CBI and State Police -


• Special Police Establishment is a division of CBI.

It is supplementary to that of the state police forces. Following provisions help avoid overlapping of cases -


• The cases which substantially involve Union Government’s affairs or employees are taken up by the SPE. They may involve some State Government employees.


• The cases which substantially involve State Government’s affairs or employees are taken up by the state police force. They may involve some Union Government employees.


• Cases against employees of public undertakings or statutory bodies established and financed by the Union Government will be taken up by SPE.

ANSWER: 1

Explanation:

Organization of CBI -


• CBI Academy is located at Ghaziabad, Uttar Pradesh.


• It started functioning in 1996.

CBI has the following divisions -

(a) Anti-Corruption Division.

(b) Administration Division.

(c) Directorate of Prosecution.

(d) Central Forensic Science Laboratory.

(e) Economic Offences Division.

(f) Special Crimes Division.

(g) Policy and International Police Cooperation Division.

Composition of CBI -


• A Director heads the CBI.


• A special director or an additional director assists the Director.


• It has joint directors, deputy inspector generals, superintendents of police and all other usual ranks of police personnel.


• It also has some law officers.


• By the CVC Act of 2003, Director of CBI has been given security of tenure of 2 years.


• Mechanism for the selection of the Director of CBI and other officers of the rank of SP and above in the CBI has also been given by the CVC Act of 2003.


• The Director of CBI in role of the Inspector-General of Police, Delhi Special Police Establishment, is responsible for the administration of the Delhi Special Police Establishment.


• By the CVC Act, 2003, the superintendence of Delhi Special Police Establishment now rests with the Union Government except investigations of offences which come under the Prevention of Corruption Act, 1988, in which, the superintendence still rests with the Central Vigilance Commission.


• A committee recommends Union Government regarding Director of the CBI.

The committee consists of -

(a) Central Vigilance Commissioner as Chairperson.

(b) Vigilance Commissioners.

(c) Secretary to the Government of India, Ministry of Home Affairs.

(d) Secretary (Coordination and Public Grievances) in the Cabinet Secretariat.

ANSWER: Only 1

Explanation:

Central Vigilance Commission -


• It is aimed at preventing corruption and was established by executive resolution of Union Government in 1964.


• Santhanam Committee on Prevention of Corruption (1962-64) recommended its formation.


• It was only recently in 2003 that a law was passed giving statutory status to CVC.


• This authorized the CVC as the ‘Designated Agency’ to receive written complaints for disclosure on any allegation of corruption or misuse of office and recommend appropriate action.

Composition of CVC -


• CVC has Central Vigilance Commissioner (Chairperson) and not more than two vigilance commissioners.


• Thus, it is a multi-member body.


• President appoints them on the recommendation of a three-member committee.

The committee consists of -

(a) the Prime Minister, as its head;

(b) the Union Minister of home affairs; and

(c) the Leader of the Opposition in the Lok Sabha.


• They hold office for a term of 4 years or until they attain the age of 65 years, whichever is earlier.


• They are not eligible for further employment under the Central or a State Government once their tenure is over.

The Central Vigilance Commissioner or any vigilance commissioner can be removed by the President -

(a) if he is adjudged an insolvent; or

(b) if he has been convicted of an offence which (in the opinion of the Central Government) involves a moral turpitude; or

(c) if he engages, during his term of office, in any paid employment outside the duties of his office; or

(d) if he is (in the opinion of the President), unfit to continue in office by reason of infirmity of mind or body; or

(e) if he has acquired such financial or other interest as is likely to affect prejudicially his official functions.


• President can remove the Central Vigilance Commissioner or any vigilance commissioner for proved misbehavior or incapacity, but, in that scenario, he has to refer the matter to the Supreme Court for an enquiry.


• If the Supreme Court, on enquiry, finds the person guilty and advises the same, the president can remove the Chairman or a member.


• Central Vigilance Commissioner and Chairman of UPSC have similar salary, allowances etc.


• The vigilance commissioner and member of UPSC have similar salary, allowances etc.


• Service conditions cannot be varied against the Central Vigilance Commissioner or any vigilance commissioner.

ANSWER: Both 1 and 2

Explanation:

Functions of Central Vigilance Commission -


• Inquire or cause an inquiry or investigation on a reference made by the Union Government for corruption offence against Union Government Public Servant under the Prevention of Corruption Act, 1988.


• Exercise superintendence over the functioning of Delhi Special Police Establishment (it is a part of CBI) related to investigation of offences of corruption under the Prevention of Corruption Act, 1988.


• Give directions to the Delhi Special Police Establishment for discharging their responsibilities entrusted under the Delhi Special Police Establishment Act, 1946.


• Review the progress of investigations of corruption offences conducted by the Delhi Special Police Establishment.


• Advise Union Government and its authorities when asked.


• Exercise superintendence over the vigilance administration in the ministries of the Union Government or its authorities.


• Inquire into complaints received under the Public Interest Disclosure and Protection of Informers’ Resolution and recommend appropriate action.


• CVC is consulted by the Union Government while making rules and regulations governing the vigilance and disciplinary matters relating to the members of Central and All-India Services.


• The Central Vigilance Commissioner is Chairperson of the two Committees.


• Recommendations of these committees are considered by Union Government while appointing the Director of the Delhi Special Police Establishment (DSPE) and the Director of Enforcement.


• The committee also recommends appointment of high level officers in DSPE and Directorate of Enforcement.

ANSWER: Only 1

Explanation:

Powers and Functions -

Receive and inquire into a complaint from any person -

1. who, due to non-appointment of a Public Information Officer, has not been able to submit an information request;

2. who has been refused requested information;

3. who thinks the charged fees are unreasonable;

4. who thinks information given is false, incomplete etc.;

5. who has not received response within specified time to his information request;

6. any other matter relating to obtaining information.


• The Commissions have suo-moto power to order inquiry into any matter if there are reasonable grounds.


• While inquiring, the Commissions have the powers of a civil court.


• The Commissions have the power to secure compliance of its decisions from the public authority.


• The Commission submits an annual report to the Union Government (State Government, in case of State) on the implementation of the provisions of this Act.


• The Union Government (State Government, in case of state) places this report before each House of Parliament (State Legislature, in case of State).


• When a public authority does not conform to the provisions of this Act, the Commission may recommend measures to the authority, which ought to be taken for bringing in such conformity.

ANSWER: Only 2

Explanation:

Tenure and Service Conditions -


• The Chief Information Commissioner, the Information Commissioner, State Chief Information Commissioner, the State Information Commissioner hold office for a term of 5 years or until they attain the age of 65 years, whichever is earlier.


• They are not eligible for reappointment but the Information Commissioners at the Central and State Level can be appointed as Chief Information Commissioner and State Chief Information Commissioner, respectively.


• However, the total combined duration should not be more than 5 years for them.

The President can remove the Chief Information Commissioner or any Information Commissioner and the Governor can remove the State Chief Information Commissioner or any State Information Commissioner from the office under the following circumstances -

1. if he is adjudged an insolvent; or

2. if he has been convicted of an offence which (in the opinion of the President (Governor, in case of state)) involves a moral turpitude; or

3. if he engages during his term of office in any paid employment outside the duties of his office; or

4. if he is (in the opinion of the President (Governor, in case of state)) unfit to continue in office due to infirmity of mind or body; or

5. if he has acquired such financial or other interest as is likely to affect prejudicially his official functions.


• The President (Governor, in case of state) can also remove the Chief Information Commissioner or any Information Commissioner on the ground of proved misbehavior or incapacity.


• But in such scenarios, the President (Governor, in case of state) has to refer the matter to the Supreme Court for an enquiry.


• If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, then the President (Governor, in case of state) can remove him.


• The salary and other service conditions of the Chief Information Commissioner are similar to those of the Chief Election Commissioner.


• The salary and other service conditions of the Information Commissioner are similar to those of an Election Commissioner.


• The salary and other service conditions of the Chief Information Commissioner are similar to those of the Chief Election Commissioner.


• The salary and other service conditions of the Information Commissioner are similar to those of an Election Commissioner.


• The salary and other service conditions of the State Chief Information Commissioner are similar to those of the Election Commissioner.


• The salary and other service conditions of the State Information Commissioner are similar to those of Chief Secretary of the State Government.


• They cannot be varied to their disadvantage during service.

ANSWER: Only 1

Explanation:

Central and State Information Commission -


• The Central Information Commission was established by the Central Government in 2005.


• The Central Information Commission and State Information Commissions were constituted under the provisions of the Right to Information Act (2005).


• The Central and State Information Commissions are high-powered, statutory, non-constitutional and independent bodies.


• They amongst other things look into the complaints made to it and decide the appeals.


• They admit complaints and appeals pertaining to institutions under the Central Government and the Union Territories (concerned State Government, in case of State Information Commissions).

Composition -


• The Central Commission consists of a Chief Information Commissioner and not more than ten Information Commissioners.


• For the State Commissions, it is a State Chief Information Commissioner and not more than ten State Information Commissioners.

They are appointed by the President (Governor, in case of State) on the recommendation of a committee consisting of -

1. Prime Minister as Chairperson (Chief Minister, in case of State).

2. The Leader of Opposition in the Lok Sabha (Legislative Assembly, in case of State).

3. Union Cabinet Minister nominated by the Prime Minister (State Cabinet Minister nominated by CM, in case of state).


• They should be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service etc.


• They should not be a Member of Parliament or Member of the Legislature of any State or Union Territory.


• They should not hold any other office of profit.


• They should not be connected with any political party.


• They should not carry on any business or pursuing any profession.

ANSWER: 2, 3

Explanation:

• The National Development Council (NDC) is non-statutory and non-constitutional body.


• It was established in August 1952 by an executive resolution of the Government of India.


• It was on the recommendation of the first Five-Year Plan (draft).


• NDC act as a link between the Union Government, State Governments and Planning Commission, in the field of planning, to bring about coordination of programmes.


• The Draft Five-Year Plan prepared by Planning Commission is sent to the Union Cabinet.


• On approval, it is placed before the NDC, for its acceptance.


• Then, the plan is presented to the Parliament.


• With parliamentary approval, it becomes official plan and published in the official gazette.


• Thus, NDC is the highest body, below the Parliament, responsible for policy matters with regards to planning.


• But, it is an advisory body to the Planning Commission; its recommendations are not binding.


• It makes its recommendations to Union and State Governments.


• It should meet at least twice every year.

Composition -

The NDC has following members -

(a) Prime Minister of India (as its Chairman/head).

(b) All Union Cabinet Ministers (since 1967) (earlier only selected Cabinet Ministers).

(c) Members of the Planning Commission.

(d) Chief Ministers of all states.

(e) Chief Ministers/Administrators of all Union Territories.


• Secretary of the Planning Commission is secretary to the NDC.


• NDC is also given administrative and other assistance by the Planning Commission.

Objectives -


• Secure cooperation of states in the execution of Five-Year Plan.


• Promote common economic policies in all vital spheres.


• Strengthen and mobilize the efforts and resources to support the plan.


• Balanced and rapid development of all parts of India.

Functions -

(a) Prescribe guidelines for preparation of the National Plan.

(b) Consider National Plan prepared by Planning Commission.

(c) Assess resources needed to implement the Plan.

(d) Suggest measures to augmenting the resources.

(e) Recommend measures to achieve targets set in National Plan.

(f) Consider questions of social and economic policy affecting national development.

(g) Review working of National Plan periodically.

ANSWER: All of the above

Explanation:

Features of the Protection of Human Rights (Amendment) Act, 2006


• Number of members of State Human Rights Commissions (SHRCs) decreased from 5 to 3.


• Eligibility condition for appointment of member of SHRCs changed.


• NHRC can transfer complaints received by it to the concerned SHRC.


• Investigative machinery of Human Rights Commissions strengthened.


• Commission can recommend award of compensation, etc. even during the course of enquiry.


• NHRC can visit jails even without prior intimation to the State Governments.


• Procedure for recording of evidence of witnesses strengthened.


• Chairpersons of NHRC and SHRCs are distinct from the Members of the respective commission.


• Chairperson and members of the NHRC can address their resignations in writing to the President.


• Chairperson and members of the SHRCs can address their resignations in writing to the Governor of the state concerned.


• Absence of any member in the Selection Committee for selection of the Chairperson and member of the NHRC or the SHRCs will not nullify the decisions taken by such Committees.


• Chairperson of the National Commission for the Scheduled Castes and the Chairperson of the National Commission for the Scheduled Tribes shall be deemed to be members of the NHRC.


• The Act allowed the Central Government to notify future international covenants and conventions to which the Protection of Human Rights Act would be applicable.