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  • Commission of Railway Safety: Aim, Functions

    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
  • National Commission on Farmers: Composition, Mandate

    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: Establishment, responsibilities

    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: Working, Composition, Functions

    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: Functions, Change to NITI Aayog

    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.

  • Central Bureau of Investigation: Composition, Functions

    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.
  • Central Vigilance Commission (CVC): Purpose, Functions

    Central Vigilance Commission, abbreviated as CVC is a top government body, established in 1964 with the aim of addressing corrupt practices within the government.

    The Central Vigilance Commission (CVC) works in coordination with the government authorities for the betterment of the system.

    Purpose

    1. The main purpose for which this important body had been established was to ensure all sorts of corruptions in government sector could be well prevented and addressed minutely.
    2. It is an autonomous body, responsible for monitoring all vigilance activities under the union government.
    3. Its major role is to recommend government agencies in “planning, executing, reviewing and reforming” their vigilance capability.
    4. Central Government of India formed CVC in the year 1964 as an important body that could take into account the measures and steps to prevent all the corruptions especially the governmental ones for a better system and governance.

    CVC has been given several powers including its status to work independently as a major sovereign body which remains free from any type of control from the authorities.

    CVC came into existence after the reports submitted by Committee on Prevention of Corruption whose chairperson Mr. K. Santhanam had suggested for the formation of this Commission. Mr. Nittoor Srinivasa Rau was appointed as first Chief Vigilance Commissioner of India.

    It must be informed that Central Vigilance Commission is not an investigating agency. It operates in coalition with the CBI or the Departmental Chief Vigilance Officers. The only search that Central Vigilance Commission conducts is that of investigating Civil Works of the government, which is done through the Chief Technical Officer.

    Before Central Vigilance Commission can take up investigations into corruption cases against government officials, it has to be approved by the government. The Central Vigilance Commission also publishes list of corrupt officials and recommends punitive action against them.

    Appointment

    The President of India appoints the Central Vigilance Commissioner and the Vigilance Commissioners on the recommendation of the Prime Minister, Home Minister and the leader of the opposition in the Lok Sabha. It clearly indicates that the appointments to CVC are indirectly under the government’s control.

    Is CVC a powerless agency?

    CVC is often considered a powerless agency as it is treated as an advisory body only with no power to register criminal case against government officials or direct CBI to initiate inquiries against any officer of the level of Joint Secretary and above.

    Although CVC is “relatively independent” in its functioning, it neither has the resources nor the power to take action on complaints of corruption.

    Functions and powers of Central Vigilance Commission

    With respect to CBI:

    • To exercise superintendence over the functioning of the Delhi Special Police Establishment (DSPE) (i.e. CBI)with respect to investigation under the Prevention of Corruption Act, 1988; or offence under CrPC for certain categories of public servants and to give directions to the DSPE for purpose of discharging this responsibility;
    • To give directions and to review the progress of investigations conducted by the DSPE into offences alleged to have been committed under the Prevention of Corruption Act;
    • As a fallout of the Vineet Narain case, the Supreme Court of India ruled that the Director of the CBI (and Director of Enforcement) should be appointed on the recommendations of a Committee headed by the Central Vigilance Commissioner, the Home Secretary and the Secretary in the Department of Personnel as members. The Committee should also take the opinion of the incumbent Director CBI before forwarding their recommendations to the Appointments Committee of the Cabinet.
    • The Committee concerned with the appointment of the Director of CBI is also empowered to recommend, after consultation with the Director (CBI), appointment of officers to the posts of the level of SP and above in DSPE.
    • The Committee concerned with the appointment of the Director of Enforcement is also empowered to recommend, after consultation with the Director of Enforcement, appointment of officers to the posts of the level of Deputy Director and above in the Directorate of Enforcement.

    With respect to Vigilance:

    • To undertake an inquiry or cause an inquiry or investigation to be made into any transaction in which a public servant working in any organization, to which the executive control of the Government of India extends, is suspected or alleged to have acted for an improper purpose or in a corrupt manner;
    • To tender independent and impartial advice to the disciplinary and other authorities in disciplinary cases, involving vigilance angle at different stages i.e. investigation, inquiry, appeal, review etc.
    • To exercise a general check and supervision over vigilance and anti-corruption work in Ministries or Departments of the Government of India and other organizations to which the executive power of the Union extends; and
    • To undertake or cause an inquiry into complaints received under the Public Interest Disclosure and Protection of Informer and recommend appropriate action.
    • Respond to Central Government on mandatory consultation with the Commission before making any rules or regulations governing the vigilance or disciplinary matters relating to the persons appointed to the public services and posts in connection with the affairs of the Union or to members of the All India Services
    • The Central Government is required to consult the CVC in making rules and regulations governing the vigilance and disciplinary matters relating to the members of Central Services and All India Services.

    Its main functions include technical audit of construction works of governmental organizations from a vigilance angle, investigation of specific cases of complaints relating to construction works and assisting CBI in its investigations involving technical matters.

    Other functions of Central Vigilance Commission

    1. To exercise superintendence over the functioning of the Delhi Special Police Establishment (DSPE) with respect to investigation under the Prevention of Corruption Act, 1988; or offence under CRPC for certain categories of public servants and to give directions to the DSPE for purpose of discharging this responsibility.
    2. To review the progress of investigations conducted by the DSPE into offences alleged to have been committed under the PC Act.
    3. To undertake an inquiry or cause an inquiry or investigation to be made into any transaction in which a public servant working in any organisation, to which the executive control of the Government of India extends, is suspected or alleged to have acted for an improper purpose or in a corrupt manner.
    4. To tender independent and impartial advice to the disciplinary and other authorities in disciplinary cases, involving vigilance angle at different stages i.e. investigation, inquiry, appeal, review etc.
    5. To exercise a general check and supervision over vigilance and anti-corruption work in Ministries or Departments of the Govt. of India and other organisations to which the executive power of the Union extends.
    6. To chair the Committee for selection of Director (CBI), Director (Enforcement Directorate) and officers of the level of SP and above in DSPE.
    7. To undertake or cause an inquiry into complaints received under the Public Interest Disclosure and Protection of Informer and recommend appropriate action.

    It can be said that Central Vigilance Commission is an apex Indian governmental body to address governmental corruption. It has the status of an autonomous body, free of control from any executive authority, charged with monitoring all vigilance activity under the Central Government of India. 

    Central Vigilance Commission Act, 2003 also empowers the Commission to exercise superintendence over the functioning of the Delhi Special Police Establishment (DSPE) now called Central Bureau of Investigation (CBI).

    The Commission is also empowered to review the progress of investigations conducted by the CBI and the progress of applications pending with the competent authorities for grant of sanction for prosecution for offences alleged to have been committed under the Prevention of Corruption Act,1988.

    The Commission also exercises superintendence over the vigilance administration of the various organizations under the Central Government.

  • National Human Rights Commission of India: Establishment, Composition, Functions

    National Human Rights Commission (NHRC) is a public body constituted for benefiting the citizens of the country. It plays vital roles since its establishment on October 12, 1993.

    Human Rights means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the constitution or embodied in the International covenants and enforceable by courts in India.

    This Commission was established after the thorough assessment of needs for such bodies to address the human rights related issues and by keeping in consideration the ways and measures to apply for their protection.

    The Central Government of India setup the National Human Rights Commission of India in the year 1993 under the Protection of Human Rights Ordinance which was made effective the same year itself.

    Protection of Human Rights Act, 1993 (TPHRA) gave this Commission a status of a complete statutory basis to act as a Commission for the fruitful outcome.

    National Human Rights Commission has already become an outstanding human rights institution with its national reputation and by performing the main roles to guard rights. It is one of the important responsible groups through creating total awareness and to promote the rights which have been given the key importance in the Act.

    Composition of NHRC

    National Human Rights Commission is an independent body works broadly and consists of highly knowledgeable team to work in the areas of human rights. The composition of this Commission is:

    • The head or chairperson being selected from the judiciary so any Supreme Court Chief Justice to lead the team members.
    • Two members are selected from the judiciary out of whom one should be a sitting or former Supreme Court Judge and the other any High Court’s Chief Justice respectively.
    • They are the key members besides rest two members whose appointments base on their knowledge level on both practical and theoretical grounds who could give new direction to human rights issues.
    • Ex office members of NHRC are the chairpersons of four National Commissions to complete this Commission as a national body.

    President appoints chairperson and the members of National Human Rights Commission for which a committee nominates the names. This committee consists of chairperson, the Prime Minister and the members including Home Minister, Leader of the Opposition in Lok Sabha, Leader of the Opposition in Rajya Sabha, Speaker and the Rajya Sabha Deputy Chairman.

    Removal of a Member of the Commission

    Section 5 of the Protection of Human Rights Act describes the procedures and ground for the removal of the any member of the Commission. . The President may remove the Chairperson or any other Member if he:

    1. Is adjudged an insolvent; or
    2. Engages during his term of office in any paid employment outside the duties of his office; or
    3. Is unfit to continue in office by reason of infirmity of mind or body; or
    4. Is of unsound mind and stands so declared by a competent court; or
    5. Is convicted and sentenced to imprisonment for an offence, which in the opinion of the President involves moral turpitude.

    Additionally, the Chairperson or any other Member of the Commission shall only be removed from his office by order of the President on the ground of proved misbehavior or incapacity.

    However, in these cases, the President has to refer the matter to the Supreme Court for an inquiry. If the Supreme Court, after the inquiry, upholds the cause of removal and advises so, then the President can remove the Chairman or a member.

    Major issues tackled by NHRC are as follows

     

    1. Custodial Torture
    2. Right to Work and Labour Rights
    3. Extrajudicial Killings
    4. Arbitrary Arrest and Detention
    5. Excessive Powers of the Armed Forces and the Police
    6. Sexual Violence
    7. Conflict-Induced Internal Displacement
    8. Child Labour
    9. Manual Scavenging
    10. Violence and discrimination against Women, Children
    11. Lesbian, Gay, Bisexual, Transgender Rights
    12. Problems faced by Scheduled Castes and Scheduled Tribes, Religious Minorities, Persons with Disabilities

    Role of NHRC in safeguarding human rights

    Since its development, the NHRC has extensively dealt with issues relating to application of human rights. NHRC has established its reputation for independence and honesty. There is increasing number of complaints addressed to the Commission seeking redressal of grievances. The NHRC has pursued its mandate and priorities with determination and considerable success.

    Some of the famous interventions of NHRC include campaigns against discrimination of HIV patients. It also has asked all State Governments to report the cases of custodial deaths or rapes within 24 hours of occurrence failing which it would be assumed that there was an attempt to suppress the incident.

    An important intervention of the Commission was related to Nithari Village in Noida, UP, where children were sexually abused and murdered. Recently, NHRC helped to bring out in open a multi crore pension scam in Haryana. It also is looking up the sterilization tragedy of Chattisgarh.

    Major functions of NHRC are as follows:

      1. Proactively or reactively inquire into infringements of human rights or negligence in the prevention of such violation by a public servant.
      2. By leave of the court, to intervene in court proceeding relating to human rights.
      3. To visit any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates and make recommendations.
      4. Review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation.
      5. Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures.
      6. To study treaties and other international instruments on human rights and make recommendations for their effective implementation.
      7. Undertake and promote research in the field of human rights.
      8. Engage in human rights education among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means.
      9. Support the efforts of NGOs and institutions working in the field of human rights.

    It is revealed in reports that the international community has acknowledged the increasing importance of strengthening national human rights institutions.

    In this context, in the year 1991 an UN-sponsored meeting of representatives of national institutions held in Paris, a detailed set of principles on the status of national institutions was developed, these are commonly known as the Paris Principles.

    These principles became the foundation for the establishment and operation of national human rights institutions.

    Strengths of NHRC

     

    1. The selection procedure of the members of NHRC is the main factor of its strength. The composition of the Selection Committee is such that it involves members of ruling as well as opposition party and both the Houses of Parliament. Also, the composition of NHRC is such that it involves Legislative, Executive, Judiciary, academicians and NGOs. This gives the Commission a broad vision to deal with the issues of Human Rights.
    2. Financial autonomy, though limited, has provided NHRC independence of Central Government. The Commission is free to make its own budget and spend it according to its own planning. The draft of the proposed budget is placed before both the Houses of Parliament and after the approval of the budget, the Government, without making any amendment, has to provide finances to the Commission.
    3. The Commission has the power to conduct suo-moto inquiry into the complaints of Human Rights violations.
    4. Easy accessibility to the Commission has made it one of the most popular organizations. Anyone can approach NHRC through telephone, letter, application, mobile phone and the Internet. All the documents, reports, newsletters, speeches, etc. of the Commission are also available on this website. The status of the complaint too can be known through its website. The popularity and trust on NHRC is quite evident from the fact that while it had registered only 496 complaints in 1993-94, in 2004-05 the total number of cases were 74,4019.
    5. NHRC has advised the government a number of times on the issues of Human Rights. Be it the cases of custodial deaths or suicide by the farmers or health issues or POTA, child marriage, trafficking of women and children etc., the government has been taking suggestions from NHRC.
    6. NHRC, in a true democratic fashion, has worked immensely to create awareness among public on Human Rights issues through seminars, workshops, lectures, literature, NGOs’ participation, universities’ collaborations, etc.
    7. The Commission has extended its sphere from time to time. Support for right to information, health care issues, disables’ rights, HIV/AIDS patients’ rights etc. are some of the issues where NHRC has worked successfully.

    Weaknesses of the Commission

    1. In the process of selection of the members of the Commission, the Chairman is not consulted.
    2. Because of certain weakness in the Act, at times the Commission feels the need for the amendments. But the Commission has constraints in doing so.
    3. Another major weakness of the Commission is that it does not have powers to investigate armed forces, BSF or any other paramilitary forces.
    4. Finally, NHRC is only an investigative and recommendatory body. It does not have power of prosecution.
    5. It is dependent on the Government for manpower and money. The Central Government shall pay to the Commission by way of grants such sums of money as it may consider fit.
  • Lok Adalats: Origin, Evolution, Jurisdiction, Powers

    What is Lok Adalat?

    The concept of Lok Adalat (People’s Court) is an innovative Indian contribution to the world jurisprudence. The introduction of Lok Adalats added a new chapter to the justice dispensation system of this country and succeeded in providing a supplementary forum to the victims for a satisfactory settlement of their disputes. This system is based on Gandhian principles.

    It is one of the components of ADR (Alternative Dispute Resolution) systems. In ancient times, the disputes were referred to “Panchayats”, which were established at the village level. Panchayats resolved the disputes through arbitration. It has proved to be a very effective alternative to litigation.

    This concept of the settlement of disputes through mediation, negotiation or arbitration is conceptualized and institutionalized in the philosophy of Lok Adalat. It involves people who are directly or indirectly affected by dispute resolution.

    Origin of Lok Adalats

    The concept of Lok Adalats was pushed back into oblivion in last few centuries before independence and particularly during the British regime. Now, this concept has, once again, been rejuvenated. It has become very popular and familiar amongst litigants.

    This is the system, which has deep roots in Indian legal history and its close allegiance to the culture and perception of justice in Indian ethos. Experience has shown that it is one of the very efficient and important ADR mechanisms and most suited to the Indian environment, culture and societal interests.

    Camps of Lok Adalats were started initially in Gujarat in March 1982 and now it has been extended throughout the Country.

    The evolution of this movement was a part of the strategy to relieve heavy burden on the Courts with pending cases and to give relief to the litigants. The first Lok Adalat in India was held on March 14, 1982 at Junagarh in Gujarat. Maharashtra commenced the Lok Nyayalaya in 1984.

    The advent of Legal Services Authorities Act, 1987 gave a statutory status to Lok Adalats, pursuant to the constitutional mandate in Article 39-A of the Constitution of India. It contains various provisions for settlement of disputes through Lok Adalat.

    This Act mandates constitution of legal services authorities to provide free and competent legal services to the weaker sections of the society and to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

    It also mandates organization of Lok Adalats to secure that the operation of the legal system promotes justice on the basis of equal opportunity. When statutory recognition had been given to Lok Adalat, it was specifically provided that the award passed by the Lok Adalat formulating the terms of compromise will have the force of decree of a court, which can be executed as a civil court decree.

    The evolution of movement called Lok Adalat was a part of the strategy to relieve heavy burden on the Courts with pending cases and to give relief to the litigants who were in a queue to get justice. It contains various provisions for settlement of disputes through Lok Adalat.

    The parties are not allowed to be represented by the lawyers and encouraged to interact with judge who helps in arriving at amicable settlement. No fee is paid by the parties. Strict rule of Civil Procedural Court and evidence is not applied. Decision is by informal sitting and binding on the parties and no appeal lies against the order of the Lok Adalat.

    Permanent Lok Adalats

    In 2002, the Parliament brought about certain amendments to the Legal Services Authorities Act, 1987 to institutionalize the Lok Adalats by making them a permanent body to settle the disputes related to public utility services. The Central or State Authorities may, by notification, establish Permanent Lok Adalats at any Permanent Lok Adalats, for determining issues in connection to Public Utility Services.

    Public Services include:

    1. Transport service
    2. Postal, telegraph or telephone services
    3. Supply of power, light and water to public
    4. System of public conservancy or sanitation
    5. Insurance services and such other services as notified by the Central or State Governments

    Permanent Lok Adalats have the same powers that are vested in the Lok Adalats.

    Jurisdiction of Lok Adalats

    A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of:

      1. any case pending before; or
      2. any matter which is falling within the jurisdiction of, and is not brought before, any court for which the Lok Adalat is organized.

    The Lok Adalat can compromise and settle even criminal cases, which are compoundable under the relevant laws.

    Lok Adalats have the competence to deal with a number of cases like:

    1. Compoundable civil, revenue and criminal cases
    2. Motor accident compensation claims cases
    3. Partition Claims
    4. Damages Cases
    5. Matrimonial and family disputes
    6. Mutation of lands case
    7. Land Pattas cases
    8. Bonded Labor cases
    9. Land acquisition disputes
    10. Bank’s unpaid loan cases
    11. Arrears of retirement benefits cases
    12. Family Court cases
    13. Cases, which are not subjudice

    Powers of Lok Adalats

    1. The Lok Adalat shall have the powers of a civil court under the Code of Civil Procedure
    2. 1908, while trying a suit, in respect of the following matters:
    3. Power to summon and enforce the attendance of any witness and to examine him/her on oath.
    4. Power to enforce the discovery and production of any document.
    5. Power to receive evidence on affidavits,
    6. Power for requisitioning of any public record or document or copy thereof or from any court.
    7. Such other matters as may be prescribed
    • Every Lok Adalat shall have the power to specify its own procedure for the determination of any dispute coming before it.
    • All proceedings before a Lok Adalat shall be deemed to be judicial proceedings within the meaning of Sections 193, 219 and 228 of IPC.
    • Every Lok Adalat shall be deemed to be a Civil Court for the purpose of Sec 195 and Chapter XXVI of Cr.P.C.

    Advantages of Lok Adalats

    1. Speedy Justice
    2. Economical
    3. Unburdening of Courts and thus reducing the backlog of cases
    4. Maintenance of Cordial Relations (since the main thrust is on compromise and not punishment)

    Types of Lok Adalats

    1. National Lok Adalat
    Organized across the country on specific dates, National Lok Adalats handle cases en masse at various levels. They address cases pending in different courts, aiming for faster resolutions through compromise.

    2. Permanent Lok Adalat
    Permanent Lok Adalats operate as continuous forums and mainly deal with pre-litigation cases, especially in public utility sectors like transportation, postal services, and healthcare. They work to resolve disputes before they escalate to court cases.

    3. Mobile Lok Adalat
    Mobile Lok Adalats travel to different locations to reach people in remote or underserved areas. They improve access to justice and address cases locally, helping ease the burden on formal court systems.

    4. Special Lok Adalat
    Special Lok Adalats focus on specific types of cases, such as matrimonial or consumer disputes. They cater to cases that require focused attention, often involving sensitive matters, to ensure quicker and more customized resolutions.

    Each type of Lok Adalat plays a key role in expediting justice, reducing court backlogs, and promoting legal awareness through amicable settlements.

    FAQs

    Why is the topic Lok Adalat beneficial for UPSC aspirants?

    Lok Adalat is an essential topic for UPSC aspirants as it highlights the role of alternative dispute resolution in reducing judicial burdens, enhancing access to justice, and promoting legal awareness, which aligns with the Indian legal and administrative systems.

    What is the composition of a Lok Adalat?

    A Lok Adalat is typically composed of a judicial officer, such as a current or retired judge, and two other members who are often lawyers or social workers experienced in legal or societal matters.

  • National Consumer Disputes Redressal Commission: Establishment, Powers

    National Consumer Disputes Redressal Commission contributes a lot in the country’s administrative reforms. This Commission has provided numerous guidelines and advises the Government of India on regular intervals for systematizing its functionalities that has made it one of the important bodies for the better and effectual governance in self-governing system.

    In 1988, the Government of India established the quasi-judicial National Consumer Disputes Redressal Commission to modernize and improve the system of governance in the whole country. This Commission came into force under the Consumer Protection Act of 1986 whose mandates and rule for implementation needed a thorough assessment and strategy for implementation under a law.

    The Consumer Protection Act was passed in 1986 to protect the interests of the consumers. The objective of this law is to provide a simple, fast and inexpensive mechanism to the citizens to redress their grievances in specified cases.

    By spelling out the rights and remedies of the consumers in a market so far dominated by organized manufacturers and traders of goods and providers of various types of services, the Act makes the dictum, caveat emptor (‘buyer beware’) a thing of the past.

    The Act envisages three-tier quasi-judicial machinery at the National, State and District levels:

    1. National Consumer Disputes Redressal Commission – known as “National Commission”;

    2. State Consumer Disputes Redressal Commission known as “State Commission”; and

    3. District Consumer Disputes Redressal Forum – known as “District Forum”.

    The Act also provides for establishment of Consumer Protection Councils at the Union, State and District levels, whose main objectives are to promote and protect the rights of consumers.

    Each District Forum is headed by a person who is, has been or is eligible to be appointed as a District Judge and each State Commission is headed by a person who is or has been a Judge of a High Court.

    The provisions of this Act cover ‘goods’ as well as ‘services’. The goods are those, which are manufactured or produced and sold to consumers through wholesalers and retailers. The services are in the nature of transport, telephone, electricity, housing, banking, insurance, medical treatment, etc.

    A written complaint can be filed before the District Consumer Forum for pecuniary value of up to Rs. twenty lakh, State Commission for value upto Rs. one crore and the National Commission for value above Rs. one crore, in respect of defects in goods or deficiency in service.

    The service can be of any description and the illustrations given above are only indicative. However, no complaint can be filed for alleged deficiency in any service that is rendered free of charge or under a contract of personal service.

    The remedy under the Consumer Protection Act is an alternative in addition to that already available to the aggrieved persons/consumers by way of civil suit. In the complaint/appeal/petition submitted under the Act, a consumer is not required to pay any court fee, but only a nominal fee.

    Consumer Fora proceedings are summary in nature. The endeavor is made to grant relief to the aggrieved consumer as quickly as possible, keeping in mind the provisions of the Act which lay down time schedule for disposal of cases.

    If a consumer is not satisfied by the decision of a District Forum, he can appeal to the State Commission. Against the order of the State Commission, a consumer can come to the National Commission.

    In order to help achieve the objects of the Consumer Protection Act, the National Commission has also been conferred with the power of administrative control over all the State Commissions by calling for periodical returns regarding the institution, disposal and pendency of cases.

    Head office of National Consumer Disputes Redressal Commission is in Delhi and it has been mandated to assess all the issues which are of prime importance as far as redressal aspects are concerned.

    This Commission has been empowered with the autonomous power to tackle the issues through keeping in consideration the legal framework from observation to implementation of ideas to taking decisions that can prove highly result oriented for all types of consumer disputes.

    National Consumer Disputes Redressal Commission submits its reports to the Central Government on regular intervals. As it is a complete research and analysis body, this Commission has already taken several initiatives which are of the paramount value for redressal purpose.

    A sitting or retired judge of the Supreme Court of India heads this Commission to offer the practically oriented reports to the government for implementation.

    The National Commission is empowered to issue instructions regarding

    1. Adoption of uniform procedure in the hearing of the matters,
    2. Prior service of copies of documents produced by one party to the opposite parties,
    3. Speedy grant of copies of documents, and
    4. Generally over-seeing the functioning of the State Commissions and the District Forums to ensure that the objects and purposes of the Act are best served, without interfering with their quasi-judicial freedom.

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