Author: B2B

Chapter-I and Chapter-II of Part II of RPA, 1951 provides for qualifications for Members of Parliament (MPs) and Members of State Legislature (MLAs), which can be discussed under following heads:

Qualifications for Membership of Parliament

Qualification for membership of the Council of States (section 3 of RPA, 1951)

A person has to be an elector for a parliamentary constituency in India to be qualified to be chosen as a representative of any State or UT in the Council of States.

Thus, it is not necessary for a person to be an elector in that particular state or UT where he is contesting to be elected as a representative rather he can be an elector anywhere in India.

Section 3 of RPA in its original form required the condition of elector ‘in that state or territory’, but this requirement was dispensed by Representation of People (Amendment) Act, 2003 and it was substituted by elector ‘in India’.

In 2006, the Supreme Court upheld the validity of this change in ‘Kuldip Nayar case’.

Qualifications for membership of the House of the People (section 4 of RPA, 1951)

1. In order to contest a seat reserved for the Scheduled Castes/Scheduled Tribe (other than those in the autonomous districts of Assam) in any State or Union Territory, he must be a member of any of the Scheduled Castes/Tribe, whether of that State or Union Territory or of any other State or Union Territory (excluding the tribal areas of Assam), and must be elector for any Parliamentary Constituency. However, a member of Schedule Caste or Schedule Tribe can also contest a seat not reserved for them.
2. In order to contest a seat reserved for the Scheduled Tribes in the autonomous districts of Assam, he must be a member of any of those Scheduled Tribes and must be an elector for the Parliamentary constituency in which such seat is reserved or for any other Parliamentary constituency comprising any such autonomous district; The protective mechanism as in case of Assam mentioned above applies to Lakshadweep and Sikkim.
3. In order to contest for any other seat, he must be an elector for any Parliamentary constituency.

Qualifications for membership of a State Legislature (Section 5 of RPA, 1951)

1. In order to contest a seat reserved for the Scheduled Castes or for the Scheduled Tribes of that State or Union Territory, he must be a member of any of those castes or of those tribes, as the case may be, and must be an elector for any Assembly constituency in that State or Union Territory;
2. In order to contest a seat reserved for an autonomous district of Assam, he must be a member of a Scheduled Tribe of any autonomous district and must be an elector for the Assembly constituency in which such seat or any other seat is reserved for that district; and
3. In order to contest any other seat, he must be an elector for any Assembly constituency in that State or Union Territory.
4. In order to be qualified to be chosen to fill any seat allocated to the Tuensang district in the Legislative Assembly of Nagaland for the period referred to in clause (2) of article 371A, he must be a member of the regional council referred to in that article.
5. Section 5A mentions some special provisions regarding Qualifications for membership of Legislative Assembly of Sikkim.

Qualifications for membership of a Legislative Council—

1. In order to be qualified to contest a seat of Legislative Council of a State or Union Territory to be filled by election, he must be an elector for any Assembly constituency in that State.
2. In order to be qualified to be chosen for a seat in the Legislative Council of a State or Union Territory to be filled by nomination by the Governor he must be an ordinarily resident in the State or Union Territory.

Provisions in RPA 1951 related to disqualifications for voting

Section 11A provides for disqualification arising out of a conviction and corrupt practices. It mentions that if any person is convicted of an offence punishable under Section 171E (offence of bribery) or Section 171F (offence of undue influence or personation at an election) of the Indian Penal Code; or under Section 125 (Promoting enmity between classes in connection with election) or section 135 (removal of ballot paper from polling station) or Section 136(2)(a) (found guilty of some electoral offences, while being an officer in connection with the election) of RPA1951, he will be disqualified for voting at any election for a period of six years from the date of conviction or from the date on which the order takes effect.

Further, it provides that a person disqualified by a decision of the President under 8A (through election petition for corrupt practice) for any period will be disqualified for the same period for voting at any election. However, Section 11B provides that election commission may, for reason to be recorded, remove any disqualification except under section 8A.

Process of notification of general elections

Election to the House of People

For general election to the House of the people, the President, by one or more notifications published in the Gazette of India on such date or dates, as may be recommended by the Election Commission, calls upon all Parliamentary constituencies to elect members.

No such notification can be issued at any time earlier than six months prior to the date on which the duration of that House would expire, except in the case of dissolution of the existing House of People.

Election to the Council of States

In case of biennial election to the Council of State for the purpose of filling the seats of members of the Council of States retiring on the expiration of their term of office the President, by one or more notifications published in the Gazette of India on such date or dates as may be recommended by the Election Commission, calls upon the elected members of the Legislative Assembly or, as the case may be, the members of the electoral college, of each State concerned to elect members.

No such notification can be issued more than three months prior to the date on which the term of office of the retiring members is due to expire.

Similarly for the elections to state legislature, Governor plays the role mentioned for the President in case of House of People under exactly same conditions.

Elections form the support of Indian Democratic system. Indian democratic setup gives on us the right to elect the representatives of the state.

The Representation of People Act, 1951 is an act of Parliament of India which provides the conduct of elections of the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.

The Act was endorsed by the provisional parliament under Article 327 of Indian Constitution, before the first general election. The act also manages issues like qualification and disqualification of members of both houses of Parliament (Lok Sabha and Rajya Sabha) and the state legislatures (State Legislative Assembly and State Legislative Council).

The acts were modified many times but one of the noteworthy alterations is the Representation of the People (Amendment) Act, 1966 (47 of 1966), which eliminated the election tribunals and transferred the election petitions to the High Court whose orders can be appealed to Supreme Court.

However, election disputes regarding the election of President and Vice-President are directly heard by the Supreme Court.

It was established that after India’s independence, an elected constituent assembly was set up to develop the constitution. Most of the articles of the constitution came into force on 26 January 1950, the Republic Day. Part XXI of the constitution contained the translational provisions.

Articles 379 and 394 of Part XXI which contained provisions for provisional parliament and other articles which contained provisions like citizenship came into force on 26 November 1949, the date on which the constitution was drafted. The provisional parliament enacted the Act vide Act No.43 of 1951 for the first general election conducted on 25 October 1951.

Representation of Peoples Act 1950 (RPA Act 1950) offers for the following conduct

1. Qualification of voters
2. Preparation of electoral rolls
3. Delimitation of constituencies
4. Allocation of seats in the Parliament and state legislatures

Highpoints of RPA Act 1951

1. Actual conduct of elections
2. Administrative machinery for conducting elections
3. Poll
4. Election offences
5. Election disputes
6. By-elections
7. Registration of political parties

The Representation of People Act, 1951 has great significance for good functioning of Indian egalitarianism because it checks the entry of persons with illegal background into the representative bodies.

Prominent features of the Representation of People’s Act

1. Part 21 of the Indian Constitution drafted by the Constituent Assembly had mentioned for a provisional parliament. The provisional parliament enacted Representation of People’s Act 1951, so that general elections could be conducted according to the rules mentioned.
2. Citation is Article No 43 of 1951.
3. Representation of People’s Act contains 13 parts (2 parts added as amendments). Each part is divided into different sections making it a total of 171 numbered sections (including those sections which were repealed later.).
4. Expressions not used in 1951 act, but listed in Representation of the People Act 1950 (43 of 1950) have the same meaning.
5. Chief Electoral Officer is mentioned in section 13A.
6. Corrupt practices are mentioned in section 123.
7. Election means an election to fill a seat or seats in either House of Parliament or in the House or either House of the Legislature of a State other than the State of Jammu and Kashmir.

The recent RPA (Amendment and Validation) bill which was initiated in Rajya Sabha during monsoon session was enacted on the same day and later was sent to Lower House Lok Sabha where the bill got finally passed on September 06, 2013.

The Bill seeks to modify the Representation of People Act, 1951 (RPA, 1951).

The two major amendments were done in Bill that includes:

1. A person can file his nomination even though he is shunned from being voting owing to be in jail or in police custody during elections or before.
2. The past act has not defined on what grounds, a person can be disqualified. In this act the grounds are clearly stated as disqualification can be on conviction for certain specified offences and can be on no other ground. As a result if one is proved for any conviction of any one of the offences, then his/her name will be wiped off from electoral roll and shall cease to be a voter.

What is Section 8 of Representation of Peoples Act 1951?

Section 8 deals with Disqualification of representatives on conviction for certain offences. This section states that:

• A person convicted of an offence punishable under certain acts of Indian Penal Code, Protection of Civil Rights Act 1955, Unlawful Activities (Prevention) Act 1967, Prevention of Corruption Act 1988, Prevention of Terrorism Act 2002 etc. shall be disqualified, where the convicted person is sentenced to —

1. only fine, for a period of six years from the date of such conviction;
2. imprisonment, from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.

• A person convicted for the contravention of—

1. any law providing for the prevention of hoarding or profiteering; or
2. any law relating to the adulteration of food or drugs; or
3. any provisions of the Dowry Prohibition Act, 1961

• A person convicted of any offence and sentenced to imprisonment for not less than two years [other than any offence referred to in sub-section (1) or sub-section (2)] shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.
• Notwithstanding anything 8[in sub-section (1), sub-section (2) or sub-section (3)] a disqualification under either subsection shall not, in the case of a person who on the date of the conviction is a member of Parliament or the Legislature of a State, take effect until three months have elapsed from that date or, if within that period an appeal or application for revision is brought in respect of the conviction or the sentence, until that appeal or application is disposed of by the court.

The fourth point above was the controversial Section 8(4) clause of the Representation of Peoples Act which was struck down by the Supreme Court calling the Act ultra-vires of the Constitution and providing for disqualification of MPs/MLAs on the day of their conviction.

How is RPA, 1951 different from the provisions related to elections in Constitution of India?

Part XV of Indian Constitution is ELECTIONS, which includes Articles 324 to 329. This part of the Constitution provides for Election Commission (Art.324), universal suffrage (Art.325) and adult suffrage (Art.326).

Article 327 enables Parliament to enact provisions for elections and Article 328 provides that states can enact provisions for house or houses of the state legislature, if the Centre has not provided for the same.

Under Article 329, courts are barred from questioning the Delimitation Act brought by the Parliament and it also mentions that disputes related to elections can be called in question only by an election petition in a manner provided by and to the authority decided by the appropriate legislature.

Accordingly, the Parliament under Article 327 enacted certain provisions, among others, namely:

1. The Representation of People Act 1950, which provides for allocation of seats and delimitation of constituencies of the Parliament and state legislature, officers related to conduct of elections, preparation of electoral rolls and manner of filling seats in the Council of States allotted to Union Territories.
2. The Representation of People Act, 1951, which provides for the conduct of elections of the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.
3. Delimitation Commission Act of 1952, which provides for the readjustment of seats, delimitation and reservation of territorial constituencies and other related matters.
4. The Presidential and Vice-Presidential Election Act 1952, which provides for the conduct of Presidential and Vice- Presidential election and mechanism for the settlement of any dispute arising out of such elections.

Law Commission is an executive body that is intended to work for legal improvement. The members of the commission are mainly legal experts, who work as per the government’s mandate. The Commission is established for a fixed tenure and works as an advisory body to the Law Ministry.

The first Law Commission was established during the British regime in 1834. Before independence, India saw three more commissions being established. The first such commission in independent India was set up for a three-year term in 1955. Since then, 19 more Commissions have been established.

The Commission is supervised by a full-time Chairperson. Its membership primarily comprises legal experts, who are entrusted a mandate by the Government.

The 21st Law commission would be comprised of a full-time Chairperson, four full-time Members (including a Member-Secretary), Secretary, and Department of Legal Affairs as ex offcio Member, Secretary, Legislative Department as ex offcio Member.

The Commission is established for a fixed tenure (usually three years) and works as an advisory body to the Ministry of Law and Justice.

Before finalising its recommendations, the Commission needs to consult the law ministry. Law Commission works in synchronisation and under the general instruction of Ministry of Law and Justice. It generally acts as primary commission for law reform in the country.

Internally, the Law Commission works in a research-oriented manner. The Law Commission employs research analysts and law students who work in a research-oriented manner. The commission comprises of research employees of different ranks and secretarial staff who looks after the day-to-day functioning.

This executive body works towards outlining the problems and determining areas for law reform. After due diligence and extensive research, it prepares report, which is sent to the Law Ministry. Once the proposals are cleared by other relevant ministries, action is taken to implement those recommendations.

Although an ad-hoc body but the Law Commission has played a major role in law reform in India. At times, it’s also critical of the government’s policies.

The Supreme Court often follows the recommendations of the commission. However, since the commission’s proposals are not binding on the government, often the critical recommendations made by it are not implemented. The Law commission also works on specific issues when requested by the Supreme Court.

The Commission evaluations and judicial administration ensures that it is responsive so that delays are eliminated, arrears are cleared and disposal of cases is quick and cost-effective without sacrificing the cardinal principle that they are just and fair.

The Commission seeks to simplify procedure to control delays and improve standards of justice. It also promotes an accountable and citizen-friendly government which is transparent and ensures the people’s right to information.

This Commission works under the control of the Ministry of Civil Aviation, the Government of India which administrates its functioning and crosschecking developments.

Aim

1. Major aim to establish the Commission of Railway Safety was to ensure the aspects related to rail travel safety and its operation.
2. The Commission also looks at the specific constitutional functions that had been implemented through the Railways Act (1989).
3. Nature of this Commission’s functioning is carefully inspectorial, investigatory and advisory.

Major factors on which this Commission concentrates include legislative investigation in case of rail accidents and the rules associated with them under the framing of Railways Act.

Other factors like issuing executive instructions on regular intervals for which this Commission was set are also important.

Major duties

1. Major duties of this Commission include that this Commission assures for confirming whether any new railway line opened and planned for operation maintains the safety standards as specified by the Ministry of Railways.
2. The Commission must approve for operation of new line in terms of safety standard whether that is capable to carry passenger traffic or not.
3. Other roles of the Commission are monitoring gauge conversion and crosschecking line doubling besides thorough assessment of the lines and existing line electrification. Commission also conducts inquiry into serious train accidents that might occur any time. It would recommend safety measures to make best possible Railways safety improvement.

The Government of India appointed a Commission after entrusting private companies especially by involving the Consulting Engineers to ensure effective control of the construction and operation of India’s first railways project.

All those Consulting Engineers involved in this project were designated as Government Inspectors on the later stage when the Central Government undertook construction and operation of railways.

Their statutory recognition was completed in the year 1883 in further extension process. The Railway Board placed the entire Railway Inspectorate under it in 1905 upon establishment.

The Railway Board was delegated with its powers and functions under the Indian Railway Board Act, 1905 post its establishment under the Notification No. 801 that dated to March 24, 1905 issued by the Central Government’s Department of Commerce and Industry. It was completed under several sections of the Railway Act with the powers and authorities to create various general rules for effective railway operation.

Since then, this Railway Board acts in the capacity of Safety Controlling Authority to operate and work for both Company managed and Government’s railway operations.

The functions were clearly drawn under the Section 181(3) of the Government of India Act of 1935 to plan them so that safety and security are dealt in clearly in the interest of the public travelling through the railways.

Other functions were proper operation of the railways by ensuring least accidents and most importantly it was assigned to it to hold all inquiries pertaining to the accidents if any and their major and minor causes. This authority was totally independent without any other pressure hence the Federal Railway Authority was formed for such purpose.

Central Legislature permitted the main process to separate Railway Inspectorate in 1940 with the recommendation of placing the Senior Government Inspectors of the Railways under an authority solely administered by the Central Government.

It followed by all Railway Inspectorate being placed to be controlled and administered by the Department of Posts and Air for which May 1941 was the date fixed. It was approached for continuation by any of the Ministries to administer that would be under the Civil Aviation portfolio.

The Commission of Railway Safety is the redesigned form of the former Railway Inspectorate whose inception on 1.11.1961 was revolutionary step.

Functions of Railway Safety Commission

1. Approval of safety
2. Auditing and monitoring safety
3. Enforcement of safety
4. Investigation

The National Commission on Farmers (NCF) has great significance since its inception. Its major aim is to benefit the farmer’s community in this country.

This Commission has played several active roles to guide Indian farmers to organize them for an additional productivity and output through applying the innovating farming options. Creation of National Commission on Farmers was a big leap on November 18, 2004 through which the Indian Government offered a right platform to all agriculturalists for the better accessibility in the farming sector.

Many scholars such as Professor M.S Swaminathan were assigned to lead this Commission as its chairman. The Commission was mandated to work as an observatory body which could suggest proper advices through keeping in consideration multiple priorities from the government’s Common Minimum Program and for the opportunities for a concrete outcome of steps taken.

Composition

Once the National Commission on Farmers was formally recognized, Commission’s body was composed for its functioning. It was designed with the following hierarchical arrangement:

1. Commission Chairman
2. Full-time Members of the Commission
3. Part-time Members of the Commission
4. Member Secretary of the Commission

Mandate

The government mandated the National Commission on Farmers to perform its role as an autonomous body and to do the broad research on the issues which are related to the farmers and offer good solution of problems they were facing in entire country.

Some of the important mandates are mentioned below:

1. Plan an all-inclusive medium-term strategy to ensure that there is best food and nutrition security options for the farmers.
2. Workout suggestions and advises for effective techniques that could ease the productivity enhancement through maximum profitability options and to make things stable.
3. Steps to take for sustaining the major farming systems in the whole country.
4. Taking steps which collaborate between technology and public policy for the better farming outcomes.
5. The Commission to suggest perfect measures which attract and retain the well qualified youths in the farming sector.

University Grants Commission (UGC) was established to augment educational system in India and especially to boost university system in the country for overall growth of higher education.

This body has suggested several improvements in the university system and works extensively to bring the institutions of higher repute into order through constant reforms and by development initiatives.

Central Government established the autonomous statutory body, UGC in 1956 to restructure the university system in the country.

This body has been given special powers to take important decisions from thorough coordination to taking steps for reforms in the education system. UGC takes the steps to determine and maintain university education standards for that its team involves in various stages of inspections in the universities besides providing total support to them.

Important role of UGC is to provide the timely recognition of Indian universities. This body involves in the university system through funding them and the colleges which are recognized by the government. It operates from the headquarters in New Delhi besides Pune, Bhopal, Kolkata, Hyderabad, Guwahati and Bangalore based regional centres.

Formal inauguration of UGC was held by the then Education, Natural Resources & Scientific Research Minister, Maulana Abul Kalam Azad on December 28, 1953 but formal establishment of UGC was held in November 1956. It was constituted under an Act of the Parliament in the year 1956. It has been setup as a crucial body to work as statutory Government body for the reforms.

With its development, UGC had been mandated to work on various grounds to promote education system in the country for those recommendations were suggested before country’s independence in 1945.

The Commission has been given major roles to supervise the functioning of central and state level universities besides all the colleges working under the government.

It works with a Committee system and is entirely entrusted to look into the many affairs of the university education system of the country. It also suggests guidelines for the existing universities and plans for the formation of new ones after systematic research about the need and need fulfilment options. Unique features of UGC functioning is its distinct approach for giving grant to the universities.

Main responsibilities of UGC

1. Provide funds to the universities for their overall growth and development.
2. Helping out the universities for better coordination & maintenance for the fullest of educational standardization as institutions of higher repute.
3. Methodical promotion and best possible coordination for university education system in the country.
4. Ensuring that the teaching, examination and research initiatives are well maintained as per the standards set.
5. UGC must frames proper guideline to maintain education standard through keeping in view minimum standard level.
6. Proper supervision of all sorts of developments in higher education in the universities and colleges and for that it offers them grants for support.
7. This independent body works as an important link which coordinates between the Central and State governments as far as maintaining higher level learning institutes are concerned.
8. Guidance and advisory role for the Central and State governments to take the initiative to improve the education system in the country.

National Commission for Women is also one of the significant statutory bodies established by the Government of India. It was established in 1992 under the provisions of the National Commission for Women Act, 1990.

The Central Government took the initiative to establish this Commission by keeping in view the provisions of India’s constitution to strengthen the women in country through addressing plights, suppressions and other types of violence they use to face.

National Commission for Women also takes the initiatives for overall development of women community in whole country.

Main aim of National Commission for Women is to raise the concern for the women and to represent itself for their rights. This Commission takes into account the issues and concerns of women community and advises for the authentic solution of all the problems they face.

This Commission takes into consideration many common issues associated with women and their repression from dowry to religious or political factors and most importantly their equal representation in job market and other exploitations.

Working of National Commission for Women

National Commission for Women became statutory body and kept taking many steps for the protection of women. It also makes a point to work under the National Commission for Women Act, 1990 which is the key guideline for this Commission to suggest and explore initiatives meant for women and their overall growth.

Composition of National Commission for Women

The Commission shall consist of

(a) A Chairperson, committed to the cause of women, to be nominated by the Central Government.

(b) five Members to be nominated by the Central Government from amongst persons of ability, integrity and standing who have had experience in law or legislation, trade unionism, management of an industry potential of women, women’s voluntary organizations ( including women activist ), administration, economic development, health, education or social welfare;

Provided that at least one Member each shall be from amongst persons belonging to the Scheduled Castes and Scheduled Tribes respectively;

Functions of National Commission for Women

1. Work as the coordinating agency to receive and process all the complaints related to Indian Women deserted by their Overseas Indian husbands.
2. Shall render all possible assistance to the complaints including conciliation, mediation between the parties and advising the complainant on related issues.
3. Associating, networking with NGOs, community organizations in India and overseas and State women Commissions for wider area coverage, so as to assist easy access and provide support services.
4. Shall endeavour towards a coordinated response amongst various Government agencies/organizations such as State Governments, The National Human Rights Commission, Indian Embassies and Mission, concerned Ministries etc.
5. Provide assistance to the distressed woman in litigation and other issues pertaining to the complainant/case.
6. Shall maintain a data bank record of cases registered.
7. Seek reports from the State Government and other authorities on the complaints filed and action taken thereon.
8. Shall advice and recommend the government on any policy or issue relating to the NRI marriages.
9. Investigate various legal treaties on the issue and advice the Government on the subject, wherever required.
10. Shall constitute an advisory committee panel of reputed advocates/NGOs, both in India as well as abroad, which shall intermittently review the functioning of the cell, cases filed and policy issues.
11. Shall constitute a panel of experts (All India) to support the aggrieved wife and rendering legal services and other assistance, including mediation and conciliation
12. Planning of training modules and conducting training on sensitisation on the subject to the various agencies entrusted with the task of providing justice, vig. Judiciary, police, administration, etc.
13. Shall organize awareness campaigns for the masses on the issue.
14. This commission has responsibility to encourage /support research and study in the related field like issues of grievances associated with dual citizenship, enactment of new legislation or signing of international treaties, marriage laws of other countries, etc.
15. NCW must look into complaints and take suo-moto notice on any issue brought to the notice of the NRI Cell in accordance with Section 10 (1)(f) of the National Commission for Women Act , 1990 read with sub-section 4 of Section 10 and Section 8 of the Act.
16. The cell shall control its own procedures in accordance with the National Commission for Women Act 1990.
17. NCW must perform any other function as assigned to it by the Commission/Central Government.

Planning Commission of India is considered as an important institution in India’s governance system. It has major role in country’s economic planning for the overall growth.

Central Government had formed Planning Commission in India as central body to work comprehensively with the consecutive term of five years as country’s Five-Year Plans for economic and social sustenance cum governance.

A historic jump was by the freedom fighter, Netaji Subhas Chanrda Bose in 1938 while he brought an idea of such economic planning which was aimed at country’s independent authority. The first idea came when he was Congress president and insisted for its development.

A Planning Commission had already been established by the British government before India’s independence that was for a short tenure from 1944 to 1946.

After independence, its democratic setup involved industrialists as well as economists to work independently and form development plans. It enhanced country’s economic planning.

First and Subsequent Planning Commissions (India)

India espoused formal model of planning by constituting its 1st Planning Commission after independence on March 15, 1950. This Commission team was authorized to report to Prime Minister directly as first Prime Minister, Pundit Jawaharlal Nehru was its chairman and rest members were supposed to work in synchronization with Deputy Chairman of this Commission.

Main purpose to constitute 1st Five-year Plan and its launch in 1951 was to assure country’s agricultural sector getting more support for timely growth and the complete development. Two more plans were made as succeeding Planning Commissions until 1965 but a break came thereafter due to neighbourhood conflicts between India and Pakistan during that period.

Other issues hindered development of Planning Commission for two more years when country faced drought condition and currency devaluation issues correspondingly. These two issues caused rise in general prices. The 3rd Planning Commission was established from 1966 to 1969 and then things normalized with the setup of 4th Five-year plan starting from 1969.

Since then Five-yearly Planning Commission continued until disruption in the setting up of 8th Plan in 1990 which did not devise due to country’s political volatility. Two years from 1990-91 to 1991-92 were considered for annual plans until setting up of 8th Plan in 1992.

Functions of the Indian Planning Commission

1. To make an evaluation of the material, capital and human resources of the country, including technical employees, and investigate the possibilities of augmenting those are related resources which are found to be deficient in relation to the nation’s requirement.
2. To devise a plan for the most effective and balanced utilisation of country’s resources.
3. To define the stages, on the basis of priority, in which the plan should be implemented and propose the allocation of resources for the due completion of each stage.
4. To specify the factors that tends to retard economic development.
5. To determine the conditions which need to be established for the triumphant execution of the plan within the incumbent socio-political situation of the country.
6. To determine the nature of the mechanism required for securing the successful implementation of each stage of the plan in all its aspects.
7. To evaluate from time to time the improvement achieved in the implementation of each stage of the plan and also recommend the adjustments of policy and measures which are deemed important for successful implementation of the plan.
8. To make required recommendations from time to time regarding those things which are deemed necessary for facilitating the execution of these functions. Such recommendations can be related to the current economic conditions, current policies, measures or development programmes.

In 2014, Prime Minister Narendra Modi announced his objective to dissolve the Planning Commission. It has since been replaced by a new institution named NITI Aayog. NITI Aayog is a Government of India policy think-tank.

The assured aim for NITI Aayog’s formation is to promote involvement and participation in the economic policy-making process by the State Governments of India.

It has adopted a bottom-up approach in planning which is a noteworthy contrast to the Planning Commission’s tradition of top-down decision-making. One of the important directives of NITI Aayog is to bring cooperative competitive federalism and to improve Centre-State relation.

Composition of NITI Aayog

The NITI Aayog comprises the following:

1. Prime Minister of India as the Chairperson,
2. Governing Council comprising the Chief Ministers of all the States and
3. Lt. Governors of Union Territories

Regional Councils formed to address specific issues and contingencies impacting more than one state or a region. These will be formed for a specified tenure.

The Regional Councils will be convened by the Prime Minister and will comprise of the Chief Ministers of States and Lt. Governors of Union Territories in the region.

These will be chaired by the Chairperson of the NITI Aayog or his nominee. Experts, specialists and practitioners with relevant domain knowledge as special invitees are nominated by the Prime Minister.

The full-time organizational framework will comprise of, in addition to the Prime Minister as the Chairperson.

Major objectives of The NITI Aayog

1. To evolve a shared vision of national development priorities, sectors and strategies with the active involvement of States in the light of national objectives. The vision of the NITI Aayog will then provide a framework ‘national agenda’ for the Prime Minister and the Chief Ministers to provide impetus to.
2. To promote cooperative federalism through structured support initiatives and mechanisms with the States on a continuous basis, recognizing that strong States make a strong nation.
3. To develop mechanisms to formulate credible plans at the village level and aggregate these progressively at higher levels of government.
4. To ensure, on areas that are specifically referred to it, that the interests of national security are incorporated in economic strategy and policy.
5. To pay special attention to the sections of our society that may be at risk of not benefitting adequately from economic progress.
6. To design strategic and long term policy and programme frameworks and initiatives, and monitor their progress and their efficacy. The lessons learnt through monitoring and feedback will be used for making innovative improvements, including necessary mid-course corrections.
7. To provide advice and support partnerships between key stakeholders and national and international like-minded Think Tanks, as well as educational and policy research institutions.
8. To create a knowledge, innovation and entrepreneurial support system through a collaborative community of national and international experts, practitioners and other partners.
9. To offer a platform for resolution of inter-sectorial and inter-departmental issues in order to accelerate the implementation of the development agenda.
10. To maintain a state-of-the-art Resource Centre, be a repository of research on good governance and best practices in sustainable and equitable development as well as help their dissemination to stake-holders.
11. To actively monitor and evaluate the implementation of programmes and initiatives, including the identification of the needed resources so as to strengthen the probability of success and scope of delivery.
12. To focus on technology up-gradation and capacity building for implementation of programmes and initiatives.
13. To undertake other activities as may be necessary in order to further the execution of the national development agenda, and the objectives mentioned above.

Planning Commission was an advisory body, and so is NITI Aayog. Main difference between Planning commission and NITI Aayog is that while the former had powers to allocate funds to ministries and states, this function will be now of finance ministry. 

The role of states in the planning commission era was restricted. The states yearly needed to interact with the planning commission to get their annual plan approved. They had some limited function in the National Development Council.

Since NITI Aayog has all chief ministers of states and administrators of UT in its Governing Council, it is obvious that states are expected to have greater role and say in planning/ implementation of policies.

The CBI owes its origin to the Delhi Special Police Establishment, established in 1941, to enquire into cases of corruption in the procurement during the Second World War.

Later, based on the recommendations of the Santhanam Committee on Prevention of Corruption, CBI was established by a resolution of the Ministry of Home Affairs. Later, it was transferred to the Ministry of Personnel and now it enjoys the status of an attached office.

The CBI is not a statutory body. It derives its powers from the Delhi Special Police Establishment Act, 1946.The CBI is the main investigating agency of the Central Government.

It plays an important role in the prevention of corruption and maintaining integrity in administration. It works under the overall superintendence of Central Vigilance Commission in matters related to the Prevention of Corruption Act, 1988.

Composition of CBI

The CBI is headed by a Director. He is assisted by a Special Director or an Additional Director. Additionally, it has a number of joint directors, deputy inspector generals, superintendents of police and all other usual ranks of police personnel.

The Director of CBI as Inspector-General of Police, Delhi Special Police Establishment, is responsible for the administration of the organization. With the enactment of CVC Act, 2003, the superintendence of Delhi Special Police Establishment vests with the Central Government save investigations of offences under the Prevention of Corruption Act, 1988, in which, the superintendence vests with the Central Vigilance Commission.

The Director of CBI has been provided security of two-year tenure in office by the CVC Act, 2003 (Vineet Narain Case). The CVC Act also provides the mechanism for the selection of the Director of CBI and other officers of the rank of SP and above in the CBI.

The Director of the CBI is appointed by the Central Government on the recommendation of a committee consisting of the Central Vigilance Commissioner as Chairperson, the Vigilance Commissioners, the Secretary to the Government of India in-charge of the Ministry of Home Affairs and the Secretary (Coordination and Public Grievances) in the Cabinet Secretariat.

Organization of CBI

At present (2013), the CBI has the following divisions:

1. Anti-Corruption Division
2. Economic Offences Division
3. Special Crimes Division
4. Policy and International Police Cooperation Division
5. Administration Division
6. Directorate of Prosecution
7. Central Forensic Science Laboratory

Functions of CBI

1. Investigating cases of corruption, bribery and misconduct of Central government employees
2. Investigating cases relating to infringement of fiscal and economic laws, that is, breach of laws concerning export and import control, customs and central excise, income tax, foreign exchange regulations and so on. However, such cases are taken up either in consultation with or at the request of the department concerned.
3. Investigating serious crimes, having national and international ramifications, committed by organized gangs of professional criminals.
4. Coordinating the activities of the anti-corruption agencies and the various state police forces.
5. Taking up, on the request of a state government, any case of public importance for investigation.
6. Maintaining crime statistics and disseminating criminal information.

The CBI is a multidisciplinary investigation agency of the Government of India and undertakes investigation of corruption-related cases, economic offences and cases of conventional crime.

It normally confines its activities in the anti-corruption field to offences committed by the employees of the Central Government and Union Territories and their public sector undertakings.

It takes up investigation of conventional crimes like murder, kidnapping, rape etc., on reference from the state governments or when directed by the Supreme Court/High Courts.

The CBI acts as the “National Central Bureau” of Interpol in India. The Interpol Wing of the CBI coordinates requests for investigation-related activities originating from Indian law enforcement agencies and the member countries of the Interpol.

CBI as ‘Caged Parrot’ and steps to make it free

The SC raised questions on the CBI’s independence while hearing the Coalgate scam case, called it a “caged parrot speaking in its master’s voice”. The SC had then asked the Centre to make the CBI impartial and said it needs to be ensured that the CBI functions free of all external pressures.

In response to this, the Centre filed an affidavit stating following measures it will adopt to ensure the autonomy of the CBI:

1. CBI director will be appointed by a collegium comprising of the Prime Minister, Chief Justice of India and Leader of the Opposition. The CBI director cannot be appointed or removed without the consent of this collegium.
2. The CBI director can be removed on the grounds of misbehavior only by an order from the President after an inquiry.
3. There will be an accountability commission headed by three retired Supreme Court or High Court judges. The committee will look into cases of grievances against the CBI.
4. The affidavit said that CVC will have the power of superintendence and administration over the CBI for all cases to be probed under the Prevention of Corruption Act but such power would vest in the Centre for rest of the cases.
5. A Bill would be introduced in Parliament to ensure financial autonomy to the agency.
6. Sanction for probe: Centre shall take a decision on a request to sanction for probe against officers of the level of Jt. Secretary and above within a period of three months and give reasons if sanction is denied.