💥Join UPSC 2027,2028 Mentorship (July Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

GS Paper: Statutory, Regulatory & Various Quasi-Judicial Bodies

  • [pib] National Human Rights Commission (NHRC)

    Why in the News?

    The National Human Rights Commission (NHRC) of India has taken suo motu cognizance of an alleged gang rape in Odisha.

    About the National Human Rights Commission (NHRC):

    • Legal Status: The NHRC is a statutory body, established in 1993 under the Protection of Human Rights Act, 1993.
      • Mandate: It functions as the national watchdog for human rights, aiming to ensure that state institutions respect and protect fundamental human dignity.
      • Objective: To strengthen institutional mechanisms for addressing human rights concerns.
    • Composition of NHRC:
      • Core Members: It consists of a Chairperson and 4 full-time members.
      • Chairperson: The Chairperson must be a former Chief Justice or Judge of the Supreme Court.
      • Other Members: Other members include retired judges, human rights experts, and at least one woman.
      • Ex-Officio Members: There are 7 ex-officio members—Chairpersons of the SC, ST, Women, Minorities, Backward Classes, Child Rights Commissions, and the Chief Commissioner for Persons with Disabilities.
    • Functions:
      • Investigation Role: To inquire into human rights violations or failure to prevent them, either suo motu, on a petition, or through court direction.
      • Custodial Oversight: To visit jails and detention centres to examine conditions.
      • Legal Reform Advice: To review legal protections for human rights and recommend reforms.
      • Awareness Promotion: To promote awareness and literacy around human rights issues.
      • NGO and Research Support: To support NGOs and academic research on human rights.
      • Global Alignment: To study international treaties and suggest implementation strategies.

    Appointment and Tenure:

    • Selection Process: Appointments are made by the President of India based on the recommendation of a 6-member committee headed by Prime Minister and including the Speaker of Lok Sabha, Opposition leaders, Home Minister, and others.
    • Term Limits: The Chairperson and members serve for 3 years or until the age of 70, whichever comes first.

    Removal and Service Conditions:

    • Grounds for Removal: The President can remove a member for reasons like insolvency, misconduct, or infirmity, subject to inquiry by the Supreme Court in some cases.
    • Salary and Benefits: Salaries and service conditions are fixed by the Central Government and cannot be altered to the disadvantage of the appointees after their appointment.

    Working Procedure and Limitations:

    • Quasi-Judicial Powers: The NHRC operates with civil court powers, can summon reports, and has an investigative staff.
    • Inter-Agency Support: It can request help from Central or State agencies for investigation.
    • No Enforcement Authority: Its role is recommendatory, with no power to punish violators or grant relief. Governments must respond within one month to its recommendations.
    • Time and Jurisdiction Limits: It cannot investigate violations reported after 1 year of the alleged act and has a limited role in probing armed forces misconduct in human rights issues.
    [UPSC 2023] Consider the following organizations/bodies in India:

    1. The National Commission for Backward Classes

    2. The National Human Rights Commission

    3. The National Law Commission

    4. The National Consumer Disputes Redressal Commission

    How many of the above are constitutional bodies?

    Options: (a) Only one* (b) Only two (c) Only three (d) All four

     

  • Now is the time to disclose the entire truth known to the ECI

    Why in the News?

    The controversy over the 2024 Maharashtra Vidhan Sabha elections and how Election Commissioners are appointed has sparked a major debate about the Constitution and democracy in India.

    Why is the ECI appointment process seen as favouring the executive?

    • Majority Control by the Executive in the Selection Committee: The 2023 Election Commissioners Appointment Act provides a 2:1 majority to the executive in the selection committee — comprising the Prime Minister, the Home Minister, and the Leader of the Opposition. Eg: The Leader of the Opposition can always be outvoted, effectively giving the ruling party full control over appointments.
    • Exclusion of the Chief Justice of India (CJI): Despite a Supreme Court directive in March 2023 recommending the inclusion of the CJI to ensure neutrality, the Act excluded the judiciary, reducing checks and balances. Eg: The SC judgment established a temporary mechanism including the CJI until Parliament enacted a law, but the law ignored this safeguard.
    • Conflict of Interest: The executive, being an election contestant, is involved in selecting the very institution that is supposed to referee the elections, raising concerns about institutional bias. Eg: The same political leadership responsible for contesting elections now appoints the “umpires” (Election Commissioners).
    • Lack of Public Consultation or Parliamentary Debate: The 2023 Act was passed with minimal debate and without bipartisan consensus, reinforcing the perception of executive overreach. Eg: Opposition parties and civil society groups raised concerns about non-consultative law-making affecting the ECI’s independence.
    • Pending Legal Challenge on Constitutional Grounds: The Act’s constitutionality is under challenge in the Supreme Court, suggesting broader concern that it violates the principles of free and fair elections under Article 324. Eg: Petitions argue that the current process undermines the ECI’s autonomy and may violate the basic structure doctrine.

    How does limited access to Form 17C affect poll transparency?

    • Restricts Independent Verification of Votes: Limited access to Form 17C, which contains vote counts and voter turnout data, prevents candidates and citizensfrom verifying the accuracy of polling results. Eg: Only candidates or their polling agents receive the form, and not all candidates—especially independents or smaller parties—can afford agents at every booth.
    • Blocks Public Scrutiny and Research: Without public access to Form 17C data from all polling stations, researchers, media, and civil society cannot conduct independent audits or identify discrepancies in vote tallies. Eg: Voters and watchdog groups are unable to cross-check vote counts with final results, undermining transparency.
    • Raises Suspicion of Electoral Manipulation: The opaque handling of Form 17C can fuel doubts about the integrity of the electoral process, especially in close contests or in regions with a history of irregularities. Eg: In the absence of uniform disclosure, accusations of mismatched vote counts or tampering are harder to disprove, affecting public trust in the Election Commission.

    Why is the Supreme Court’s role in ECI appointments significant?

    • Upheld Democratic Values and Institutional Neutrality: The Supreme Court’s March 2023 judgment ensured a balanced selection committee by including the Chief Justice of India (CJI), reducing the risk of executive control over the Election Commission of India (ECI).  
    • Acted as a Constitutional Corrective in Legislative Vacuum: In the absence of a law under Article 324, the Court stepped in to lay down norms for appointments, reinforcing the judiciary’s role as guardian of the Constitution. Eg: The SC cited Parliament’s inaction despite multiple committee recommendations and exercised its powers to protect the integrity of electoral democracy.

    What reforms can enhance transparency in India’s electoral system? (Way forward) 

    • Reform the ECI Appointment Process for Institutional Neutrality: Include the Chief Justice of India (CJI) in the selection committee for appointing the Chief Election Commissioner (CEC) and Election Commissioners, ensuring independence from executive influence. Eg: The Supreme Court’s 2023 judgment proposed a panel of the PM, Leader of Opposition, and CJI, but the 2023 ECI Act excluded the CJI, raising concerns over impartiality.
    • Ensure Public Access to Form 17C for Vote Transparency: Mandate that Form 17C, which records total votes polled, be made publicly accessible through an official digital portal, enabling citizens and researchers to verify poll data. Eg: Currently, only candidates or polling agents receive Form 17C, and many independent or low-budget candidateslack agents at all booths, limiting access to crucial data.
    • Introduce Independent Audits of Electoral Rolls and EVMs: Conduct regular third-party audits of voter rolls and Electronic Voting Machines (EVMs) to detect errors, manipulation, or malfunction, and improve public confidence in electoral integrity. Eg: In past elections, reports of missing names or duplicate entries in voter lists have led to allegations of disenfranchisement, especially among marginalised groups.

    Mains PYQ:

    [UPSC 2018] In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India?

    Linkage: This article explicitly calls for the Election Commission of India (ECI) to “disclose the entire truth that is known only to the Election Commission of India. The 2018 question, by asking about the “challenges before the Election Commission of India to ensure the trustworthiness of elections in India” amidst EVM controversy, directly aligns with the broader call for transparency.

  • The real Indian arbitrator needs to stand up

    Why in the News?

    India’s growing economy has sparked discussions on using arbitration to handle increasing commercial disputes. The overburdened court system makes arbitration a popular choice, but questions remain about its effectiveness.

    What are the two key parameters that define the credibility and legitimacy of Indian arbitration?

    • Efficient Conduct of Arbitral Proceedings: Arbitrators must manage timelines, procedures, and hearings to avoid unnecessary delays and ensure speedy resolution. Eg: In a construction contract dispute, an arbitrator who ensures hearings happen on schedule and avoids multiple adjournments boosts arbitration credibility.
    • Quality of Arbitral Awards: Arbitral awards must be factually accurate, well-reasoned, and legally sound so they can withstand court scrutiny. Eg: In a technology dispute, an arbitrator who carefully analyses technical evidence and explains compensation calculation clearly ensures the award is respected and upheld.

    Why has the identification of elite Indian arbitrators primarily with retired judges been seen as a limitation?

    • Over-Reliance on Judicial Experience: Assumes judicial skills alone are enough for arbitration, without adapting to arbitration’s flexible needs. Eg: A retired judge may strictly follow civil procedure rules, causing unnecessary delays in arbitration.
    • Court-like Procedures in Arbitration: Arbitrations tend to mimic lengthy court processes, losing their speed and efficiency advantage. Eg: Instead of quick hearings, a retired judge-arbitrator may insist on prolonged cross-examinations like a courtroom trial.
    • Poorly Reasoned Awards: Awards by some retired judges may lack commercial understanding and detailed reasoning, leading to challenges and setting-aside in courts. Eg: In a business valuation dispute, an arbitrator may issue an award without deeply analysing financial reports, making it vulnerable to appeal.
    • Lack of Soft Skills and International Best Practices: Many retired judges are unfamiliar with global arbitration practices and soft skills like consensus-building within a tribunal. Eg: In an international arbitration panel, an Indian retired judge might struggle to navigate cultural differences or informal deliberations.
    • Limited Diversity of Expertise: Arbitration needs experts from various fields (engineering, finance, tech), not just law, to handle complex technical disputes. Eg: In a complex infrastructure project dispute, a technical expert-arbitrator could resolve issues faster than a purely legal expert.

    Who plays the most decisive role in ensuring the efficiency and quality of arbitral proceedings in India?

    • Arbitrators Set the Procedural Framework: They design and enforce the timelines, hearing schedules, and procedural rules to keep the arbitration efficient. Eg: An arbitrator can fix strict deadlines for filing evidence to avoid unnecessary extensions.
    • Arbitrators Manage Disputes and Party Conduct: They resolve procedural disputes, manage party behavior, and can impose sanctions for delays or misconduct. Eg: If a party repeatedly seeks adjournments, the arbitrator can impose a cost penalty to maintain discipline.
    • Arbitrators Deliver Final, Reasoned Awards: They are responsible for writing high-quality, logical, and well-supported awards that stand strong in judicial review. Eg: In a financial fraud arbitration, a well-reasoned award citing expert evidence and quantifying losses strengthens the award’s credibility.

    What are the steps taken by the Indian government? 

    • Legislative Reforms: Passed the Arbitration and Conciliation (Amendment) Acts (2015, 2019, 2021) to reduce court interference, set strict timelines, and promote institutional arbitration. Eg: Introduction of a 12-month time limit to complete arbitration proceedings.
    • Establishment of Institutions: Set up the India International Arbitration Centre (IIAC) in New Delhi to promote institutional arbitration at par with global standards. Eg: IIAC aims to handle both domestic and international arbitrations efficiently.
    • Promoting Training and Accreditation: Government encouraged specialized training programs and certifications for arbitrators, including support for professional bodies like the Chartered Institute of Arbitrators (CIArb) India branch. Eg: Collaboration with global arbitration bodies to train Indian arbitrators in international best practices.

    How can the Indian arbitration ecosystem diversify and improve the quality of its arbitrators? (Way forward)

    • Diversify the Pool of Arbitrators: Include not just retired judges and advocates, but also trained professionals from fields like engineering, finance, and technology. Eg: Appointing a financial expert as arbitrator in a complex banking dispute can lead to faster and better-informed decisions.
    • Mandatory Training and Accreditation: Every arbitrator, regardless of background, must undergo rigorous training through specialized certificate courses and workshops. Eg: A retired judge attending an international arbitration course learns modern practices like fast-track arbitration and efficient evidence management.
    • Promote a Culture of Professional Arbitration: Build an ecosystem where arbitration is seen as a specialized profession, not as a secondary option to court litigation. Eg: Creating prestigious professional associations and ranking systems for arbitrators can motivate continuous learning and excellence.

    Mains PYQ:

    [UPSC 2024] Explain and distinguish between Lok Adalats and Arbitration Tribunals. Whether they entertain civil as well as criminal cases ?

    Linkage: Arbitration Tribunals, requiring an understanding of their nature and function as a form of dispute resolution, which is the central theme of the Article.

  • Waqf-by-user denotification would be ‘huge problem’, says Supreme Court

    Why in the News?

    On Wednesday, the Supreme Court raised concerns about certain parts of the Waqf (Amendment) Act, 2025.

    What provisions of the Waqf (Amendment) Act, 2025 are under Supreme Court scrutiny?

    • Derecognition of “Waqf-by-user” Properties: The Act removes recognition of properties declared Waqf through long-standing community use without formal documentation. Eg: Jama Masjid in Delhi, built centuries ago without a registered deed, is a Waqf-by-user property that may lose its legal status.
    • Inclusion of Non-Muslims in Waqf Bodies: The Act allows non-Muslims to be appointed as ex-officio members in the Central and State Waqf Boards. Eg: A Hindu bureaucrat could be appointed to a Waqf Board that oversees Islamic charitable endowments.
    • State Power to Decide Waqf Status: The Act empowers a government officer to determine whether a property is Waqf or government-owned and restricts its use during inquiry. Eg: A dargah used by the community for generations may be prevented from religious use while the officer assesses its legal status.
    • Religious Identity Condition for Creating Waqf: The Act requires an individual to be a practising Muslim for at least five years to dedicate property as Waqf. Eg: A recent Muslim convert wanting to donate land for a madrasa may be barred if they haven’t completed five years in the faith.

    Why did CJI Khanna raise concerns over derecognising Waqf-by-user properties?

    • Historical Origin Without Documentation: Many mosques and Waqf properties were established centuries ago, long before land registration laws existed, making it impossible to produce formal documents today. Eg: Jama Masjid, constructed in the 17th century, lacks a registered sale deed but has been in religious use for generations.
    • Established Legal Recognition in Earlier Laws: Previous versions of the Waqf Act recognised Waqf-by-user, and removing this category retroactively undermines settled legal rights and community practices. Eg: Properties that were protected under earlier Waqf Acts may now be denotified, leading to legal uncertainty and community unrest.
    • Risk of Large-Scale Disputes and Displacement: The derecognition could lead to widespread property disputes, potential communal tensions, and loss of religious spaces vital to Muslim communities. Eg: In states like West Bengal, such provisions have already triggered protests and violence over fears of losing religious sites.

    Who can be ex-officio members in Waqf bodies as per the CJI’s interim proposal?

    • Non-Muslims Permitted as Ex-Officio Members: CJI Khanna suggested that while all appointed members of Waqf Boards and the Central Waqf Council should be Muslims, non-Muslims could serve as ex-officio members. Eg: A non-Muslim District Collector could be included in a State Waqf Board as an ex-officio member due to their administrative role.
    • Maintaining Muslim Majority in Waqf Bodies: The proposal aims to ensure that the religious character of Waqf institutions is preserved by maintaining a Muslim majority among members, with non-Muslims participating only in an ex-officio capacity. This approach seeks to balance administrative inclusivity with religious autonomy. Eg: In a 22-member Central Waqf Council, if 8 members are Muslims and 2 are non-Muslim judges serving ex-officio, the inclusion of additional non-Muslim members could shift the majority, raising concerns about the council’s religious representation.

    How did the petitioners argue that the Act violates Article 26 of the Constitution?

    • State Cannot Restrict Religious Institutions or Charitable Intentions: The petitioners argued that Article 26 guarantees the right to establish and maintain religious and charitable institutions. The new Act mandates a person to prove they have been a practising Muslim for five years before declaring a Waqf, which interferes with this right. Eg: If a devout Muslim wishes to dedicate their land for charitable Islamic purposes but cannot prove five years of religious practice, their right under Article 26 is restricted.
    • Disrupts Traditional Waqf Practices: Recognizing Waqf-by-user dismisses historical Waqfs without documents, disrupting long-standing religious practices. Eg: A 17th-century mosque used by the community could be denotified despite its religious use.
    • Enables Excessive State Interference: Giving the state power over Waqf status and allowing non-Muslims in Waqf bodies undermines community autonomy. Eg: A religious property may be declared government-owned without judicial review, violating institutional independence.

    Way forward:

    • Preserve Historical Waqf Rights: Legal provisions should be revised to recognize and protect Waqf-by-user properties, ensuring that historically significant religious sites are not unduly denotified, thereby maintaining continuity with longstanding community practices.
    • Ensure Religious Autonomy in Waqf Management: The state should limit its interference in Waqf management by maintaining Muslim-majority representation on Waqf bodies while allowing non-Muslims to serve in an ex-officio capacity, balancing inclusivity with respect for religious autonomy.

    Mains PYQ:

    [UPSC 2024] Discuss India as a secular state and compare with the secular principles of the US constitution.

    Linkage: Secular nature of the Indian state and its interaction with religious institutions and laws governing them, such as the Waqf Act. The debate over the amendment and the Supreme Court’s intervention highlight the complexities of the state’s role in religious matters within a secular framework.

  • Appointment of Comptroller and Auditor General (CAG)

    Why in the News?

    The Supreme Court has decided to examine a plea challenging the current process of appointing the Comptroller and Auditor General of India (CAG).

    About Office of the Comptroller and Auditor General (CAG):

    Details
    Role and Importance
    • Established under Article 148 of the Indian Constitution.
    • Ensures efficient and lawful use of public funds.
    • Audits financial accounts of Consolidated Fund of India, state funds, and public sector undertakings.
    • Acts as a watchdog over government financial expenditure.
    • Plays a critical role in maintaining financial accountability in governance.
    Appointment and Term
    • Appointed by the President of India under a warrant.
    • Serves a 6-year term or until the age of 65, whichever is earlier.
    • Must take an oath to uphold the Constitution and perform duties impartially.
    • Removal can only occur for misbehaviour or incapacity, through a special majority in both Houses of Parliament.
    Independence of the CAG
    • Independence from the government: Ineligible for any government office after leaving office.
    • Salary and Expenses: Equal to a Supreme Court judge, with expenses charged to the Consolidated Fund of India.
    • No Ministerial Representation: No minister can represent the CAG or assume responsibility for their actions.

     

    Issues with the Appointment of the CAG

    The current process for appointing the CAG is seen as problematic due to the centralized control by the Union government.

    • The CAG is appointed by the President on the advice of the government, raising concerns about potential executive influence over a key independent body.
    • Critics argue that this process compromises the CAG’s independence and calls for a neutral selection committee involving the Prime Minister, Leader of the Opposition, and Chief Justice of India.
    • This would ensure that the CAG is appointed transparently and impartially, free from political interference.
    • Historically, the lack of clear guidelines in Article 148 regarding the CAG’s appointment has allowed executive interference, much like the early years of judicial appointments.

    Supreme Court interventions have already reformed appointment processes for bodies like the Election Commission and Central Vigilance Commission, and similar reforms for the CAG are necessary to protect its autonomy.

    [UPSC 2012] In India, other than ensuring that public funds are used efficiently and for intended purpose, what is the importance of the office of the Comptroller and Auditor General (CAG)?
    1. CAG exercises exchequer control on behalf of the Parliament when the President of India declares national emergency/financial emergency.
    2. CAG reports on the execution of projects or programmes by the ministries are discussed by the Public Accounts Committee.
    3. CAG reports are available to the Parliamentary Committees.
    4. While dealing with the audit and accounting of government companies, CAG has certain judicial powers for prosecuting those who violate the law. Select the correct answer using the code given below:
    (a) 1, 3 and 4 only (b) 2 only (c) 2 and 3 only (d) 1, 2, 3 and 4

     

  • UGC’s draft regulation has serious constitutional issues

    Why in the News?

    Non-BJP-led State governments oppose the UGC’s draft regulation on vice chancellors’ appointments, claiming it violates constitutional federal principles, and have called for its immediate withdrawal.

    What are the aims and objectives behind the University Grants Commission Act, 1956?

    The University Grants Commission (UGC) Act, 1956 was established to regulate and improve higher education in India. Its key aims and objectives are:

    • Coordination and Standardization: Ensuring the coordination and determination of standards in universities to maintain quality education.
    • Promotion of University Education: Taking steps to promote, develop, and coordinate university education across the country.
    • Allocation of Funds: Allocating financial resources for the maintenance and development of universities.
    • Advisory Role: Advising Union and State governments on grant allocation for general or specific purposes in higher education.
    • Information Collection: Gathering and disseminating information on university education within India and abroad for institutional improvement.
    • Regulation of Fees: Regulating fees to ensure accessibility and fairness in higher education.

    What are the crucial point that needs to be considered?

    • Jurisdiction of UGC: The UGC’s authority to regulate the selection and appointment of vice-chancellors is questionable since the UGC Act does not explicitly include these provisions. The primary focus of the Act is on maintaining educational standards, not on administrative appointments.
    • Consistency with UGC Act: Any regulation made by the UGC must align with the provisions of the UGC Act. If a regulation extends beyond the scope of the Act, it could be deemed ultra vires (beyond legal authority) and thus invalid.
    • Federal Principles: The proposed regulations have raised concerns about violating federal principles enshrined in the Constitution of India, as they may interfere with state legislations that govern universities.
    • Legislative Authority: Qualifications and selection criteria for vice chancellors are typically established by state legislatures, highlighting a potential overreach by the UGC in its regulatory role.
    • Impact on Educational Standards: The selection and appointment of vice-chancellors should not be viewed as directly impacting educational standards, which is the primary mandate of the UGC.
    • Judicial Precedents: Previous court rulings, including those from the Bombay High Court and the Supreme Court, have established important legal precedents regarding the relationship between UGC regulations and state laws, emphasizing that subordinate legislation cannot override state legislation.
    • Constitutional Questions: There are ongoing constitutional debates regarding whether UGC regulations can override state laws and how such conflicts should be resolved under Article 254 of the Constitution, which addresses repugnancy between central and state laws.

    What is the present ruling made by the judiciary?

    The judiciary has provided significant rulings concerning the University Grants Commission (UGC) regulations, particularly regarding the selection and appointment of vice-chancellors.  

    • Kalyani Mathivanan Case (2015): The Supreme Court ruled that UGC regulations have a binding effect on universities. This ruling emphasized that subordinate legislation, such as UGC regulations, must be adhered to by the universities under its jurisdiction.
    • Bombay High Court Ruling (2011): In the case of Suresh Patilkhede vs. The Chancellor Universities of Maharashtra, the court stated that UGC regulations cannot override state legislation. It highlighted that Regulation 7.3.0, being subordinate legislation, does not have the authority to supersede laws enacted by state legislatures.
    • Constitutional Context: The rulings also touched upon Article 254 of the Constitution, which deals with repugnancy between central and state laws. It clarified that only a law passed by both Houses of Parliament and assented to by the President can override state legislation, not subordinate regulations like those issued by the UGC.
    Note: Regulation 7.3.0 pertains to the selection and appointment of Vice Chancellors in universities. Its provisions aim to establish minimum qualifications and a transparent process for such appointments, particularly to ensure the maintenance of academic and administrative standards in higher education institutions.

    Way forward: 

    • Collaborative Federal Framework: Establish a consensus-driven approach between the UGC and State governments to ensure that regulations respect federal principles while upholding academic standards. This can involve creating joint committees for resolving conflicts and aligning policies.
    • Judicial Clarity and Legislative Reforms: Seek a definitive constitutional interpretation of the UGC’s regulatory scope through the judiciary, and, if needed, amend the UGC Act to explicitly define its role in administrative matters, ensuring consistency with the federal structure.

  • National Human Rights Commission (NHRC)

    Why in the News?

    Justice (Retd.) V Ramasubramanian has been appointed as the new chairperson of the National Human Rights Commission (NHRC). Priyank Kanoongo (former NCPCR chief) and Dr. Justice Bidyut Ranjan Sarangi (Retd.) have been appointed as NHRC Members.

    About National Human Rights Commission (NHRC)

    Overview  A Statutory Body formed under the Protection of Human Rights Act (PHRA), 1993.
    Composition and Membership Chairperson: Must be a former Supreme Court Justice or Chief Justice; appointed by the President.

    Members:

    • Four full-time members:
      • 1 ex-SC Judge (Chairperson),
      • 1 ex-SC Judge,
      • 1 ex-Chief Justice of a High Court,
      • 1 with knowledge/experience in human rights.
      • At least one woman among the members.
    • Seven ex-officio members: Chairpersons of National Commissions (e.g., SC/ST, Women, Minorities, etc.) + Chief Commissioner for Persons with Disabilities.

    Appointment Process:

    • The President appoints based on a recommendation committee (PM, Speaker of Lok Sabha, Home Minister, Leaders of Opposition, etc.).
    • Judicial appointments: Consultation with the Chief Justice of India.
    • Removal: By an order of the President, after consultation with the Supreme Court.

    Terms of Office:

    • 3-year term or until the age of 70.
    • Eligible for reappointment, but not for other government jobs.
    • Salaries: Determined by the Central Government.
    • Reporting: Submits reports to the Centre and concerned states; these are tabled before legislatures with an action-taken report.

    Limitations:

    • No inquiry after one year from the alleged violation.
    • Functions are recommendatory; no direct power to punish or award relief.
    • Limited role in armed forces cases.
    Powers and Functions Functions:

    • Inquire into alleged human rights violations.
    • Recommend interim relief to victims or families.
    • Intervene in court proceedings on human rights matters.
    • Review constitutional/legal safeguards for human rights.
    • Study international human rights instruments.
    • Promote human rights literacy.
    • Support NGOs in human rights work.

    Powers:

    • Can regulate its own procedure.
    • Has all powers of a civil court, with judicial character.

     

    PYQ:

    [2020] Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal Declaration of Human Rights (1948)?

    1. Preamble
    2. Directive Principles of State Policy
    3. Fundamental Duties

    Select the correct answer using the code given below:

    (a) 1 and 2 only
    (b) 2 only
    (c) 1 and 3 only
    (d) 1, 2 and 3

    [2021] Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analysing their structural and practical limitations, suggest remedial measures.

  • [pib] Press Council of India

    Why in the News?

    • National Press Day is celebrated annually on November 16 to honour the critical role of a free and responsible press in society.
      • It marks the start of the Press Council of India in 1966, established as a moral watchdog to uphold press standards and protect it from undue influence or threats.

    About the Press Council of India (PCI):

    Details
    Historical Background • Constituted on July 4, 1966, as an autonomous, statutory, and quasi-judicial body.
    • Established to act as a moral watchdog over the press to ensure it operates with ethics and independence.
    • First Press Commission of India (1954) recommended forming a council to uphold professional standards in journalism.
    • Initially governed by the Press Council Act of 1965, later replaced by the Press Council Act of 1978.
    Composition of PCI • Comprises 28 members and a Chairperson.
    • Chairperson appointed by a committee that includes the Chief Justice of India, the Speaker of the Lok Sabha, and a representative of the President.
    • Member Representation:
    – 13 working journalists representing different news organizations.
    – 6 members from editors and newspaper owners.
    – 5 members from Parliament (3 from Lok Sabha, 2 from Rajya Sabha).
    – 1 nominee each from the University Grants Commission (UGC), the Bar Council of India (BCI), and Sahitya Akademi.
    • Term: Each member serves a 3-year term and can be re-elected.
    Powers and Functions of PCI • Quasi-Judicial Authority: PCI has statutory powers to hold inquiries into complaints against the press or journalists for professional misconduct.
    • Inquiry Powers: PCI can summon witnesses and call for documents if necessary.
    • Disciplinary Action: PCI has the authority to censure or admonish newspapers, editors, or journalists for violating professional ethics.
    • Recommendations: Although PCI cannot enforce laws or impose penalties, it can recommend actions to the relevant authorities in case of serious violations.Functions:
    • Upholding Press Freedom: Ensures that the press in India is free from undue influence and performs its duties with responsibility.
    • Protecting Journalists: Investigates complaints of harassment or threats against journalists and defends their rights.
    • Policy Advisory Role: Advises the government on policy issues that affect press freedom and media laws.
    • Studies and Reports: Conducts studies on media issues, such as election reporting, defense coverage, and journalist safety, to provide guidelines on responsible reporting.

     

    PYQ:

    [2018] Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?

    (a) Article 14 and the provisions under the 42nd Amendment to the Constitution.
    (b) Article 17 and the Directive Principles of State Policy in Part IV.
    (c) Article 21 and the freedoms guaranteed in Part III.
    (d) Article 24 and the provisions under the 44th Amendment to the Constitution.

  • [pib] Commercial Courts (Amendment) Bill, 2024

    Why in the News?

    The Ministry of Law and Justice is inviting comments on the draft Commercial Courts (Amendment) Bill, 2024.

    The GoI has enacted and amended the Commercial Courts Act, 2015 to ensure that commercial cases are resolved quickly, effectively, and affordably.

    • Amendment History:
      • The original Commercial Courts Act was enacted in 2015.
      • Further amendments were made in 2018 to enhance the dispute resolution system.

    Key features and provisions of the Commercial Courts (Amendment) Bill, 2024:

    Details
    Purpose To enhance the speed and efficiency of resolving commercial disputes through specialized courts and procedures.
    Dedicated Commercial Courts Creation of Commercial Courts at the District level and High Court level to exclusively handle commercial disputes.
    Arbitration Matters Provisions to establish specific courts for handling arbitration-related disputes.
    Electronic Communication Includes provisions for the use of audio-video electronic means (video conferencing) for court proceedings, recording of evidence, and communications.
    Pre-Institution Mediation Mandatory mediation before filing a commercial suit, unless urgent relief is required, aimed at reducing litigation burden.
    Time-bound Decisions Judgment must be pronounced within 60 days of the conclusion of arguments. The judgment must be delivered to the parties via email or other electronic means.
    Injunction Applications Courts must dispose of injunction applications within 90 days of filing, with reasons provided for any delay.
    Infrastructure Provisions for setting up infrastructure like video conferencing facilities and other necessary resources for the functioning of Commercial Courts.
    Appeals Process New provisions for expediting appeals, requiring prior notice to the opposing party before filing.
    Witness Management Provisions to streamline the witness list format, requiring comprehensive details, including addresses and documents, and facilitating electronic submission.
    Execution Proceedings Execution proceedings must be disposed of within six months from the date of filing the application.

  • National Company Law Appellate Tribunal (NCLAT)

    Why in the News?

    The Supreme Court has overturned the National Company Law Appellate Tribunal’s (NCLAT) order that approved a deal between an edtech firm and the Board of Control for Cricket in India (BCCI) to settle an overdue payment.

    Three-Judge Bench Observations in Byju’s Case

    • The Supreme Court’s bench, led by CJI, noted that there were procedural lapses in the settlement process between Byju’s and the BCCI.
    • The settlement occurred without the approval of the Insolvency Resolution Professional (IRP), who was responsible for overseeing Byju’s affairs following his appointment by the NCLT.
    • The bench ruled that the NCLAT’s approval of the settlement, issued in August 2024, was invalid due to the lack of necessary approvals from the IRP.

    About National Company Law Appellate Tribunal (NCLAT):

    Details
    Establishment Established on 1 June 2016 under the Companies Act, 2013.
    Purpose Serves as an appellate authority to hear appeals against orders of the National Company Law Tribunal (NCLT).
    Jurisdiction Hears appeals related to:
    – Decisions made by NCLT
    – Orders of the Insolvency and Bankruptcy Board of India (IBBI)
    – Orders from the Competition Commission of India (CCI).
    Appeals to Supreme Court Decisions of NCLAT can be appealed to the Supreme Court of India.
    Composition Comprises a Chairperson and other members appointed by the central government, with the Chairperson typically being a retired judge of the Supreme Court or High Court.
    Functions Reviews and adjudicates matters related to company law and insolvency, ensuring justice against NCLT orders.
    Location Headquartered in New Delhi.
    Significance Plays a critical role in corporate governance, maintaining transparency and accountability in the corporate sector.
    Relationship with NCLT NCLT acts as the adjudicating authority, while NCLAT provides a platform for appeals, ensuring a checks-and-balances system.
    Integration with IBC Supports the objectives of the Insolvency and Bankruptcy Code, 2016, streamlining insolvency resolution processes.

     

    PYQ:

    [2018] How far do you agree with the view that tribunals curtail the jurisdiction of ordinary courts? In view of the above, discuss the constitutional validity and competency of the tribunals in India.