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Subject: Non-Constitutional/Statutory Bodies

  • 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. Analyzing their structural and practical limitations, suggest remedial measures.

    NHRC is a statutory body, established under the Protection of Human Rights act 1993. It is established in conformity with Paris Principles 1991.

    Role Played by Human Rights Commissions in India

    Protection of Life and Liberty- Eg- NHRC intervention in Manipur fake encounter cases (2013) led to a Supreme Court-monitored CBI probe.

    Ensuring Accountability of State Machinery- Eg- NHRC recommended Rs. 10 lakh compensation to victims of the Hashimpura massacre (2015).

    Protection of Vulnerable Groups- Eg- NHRC’s recommendations against bonded labour led to several state-level rehabilitation programmes.

    Monitoring Custodial and Institutional Conditions- Eg- NHRC report on Muzaffarpur shelter home (2018) exposed severe human rights violations.

    Promoting Human Rights Awareness through training programmes, seminars, and media campaigns

    Policy and Legal Reforms- Eg- NHRC’s recommendations on prevention of manual scavenging and rehabilitation.

    Addressing Emerging Human Rights Issues – Eg- NHRC issued advisories on migrant workers’ rights during COVID-19 lockdown (2020).

    Collaboration with International and National Agencies – Eg- India’s Universal Periodic Review (UPR) reports before the UNHRC.

    Issues Associated with NHRC

    Statutory Limitations on Jurisdiction – NHRC cannot take up cases older than one year or matters pending before a court (sub judice).

    Cases involving military personnel often fall outside the NHRC’s purview

    The NHRC lacks the authority to punish violators, cannot directly impose penalties or award relief to victims.

    Observations by the Sub-Committee on Accreditation (SCA) of GANHRI

    Lack of Diversity – Only 95 out of 393 staff positions are held by women, violating the Paris Principles requirement of pluralism and representativeness.

    Government-Dominated Selection Committee curbs opposition input and reduces transparency in selection.

    Weak Investigation Mechanism – NHRC depends on police and government officials on deputation for investigation.

    Limited Engagement with Civil Society

    Additional Institutional Challenges

    Vacancies and Delays in appointments reduce capacity and response efficiency.

    Financial Dependence- Budgetary allocations come through the Ministry of Home Affairs, affecting autonomy.

    Poor Implementation of Recommendations- NHRC recommendations are advisory, often ignored or delayed by governments.

    Backlogs- Growing pendency of complaints due to limited staff and rising caseloads.

    Way Forward

    Strengthen Legal Powers- Amend the 1993 Act to make NHRC/SHRC recommendations legally binding.

    Independent Investigation Wing- Establish a separate cadre of trained human rights investigators.

    Expand Jurisdiction- Review restrictions on cases involving armed forces and paramilitary personnel.

    Financial Autonomy- Provide independent budgetary control, like constitutional bodies (e.g., EC, CAG).

    Empower State Commissions- Strengthen SHRCs through funding and capacity-building support.

    Enhance Awareness- Conduct public education campaigns with NGOs and media support.

    Regular Review Mechanism- Form a National Human Rights Coordination Council to monitor and evaluate performance.

    The 3R approach of Reform, Reorientation and Restructuring can enhance functioning of NHRC as an effective Bulwark Of Democracy in India.

  • Consider the following statements

    Consider the following statements :
    1. National Development Council is an organ of the Planning Commission.
    2. The Economic and Social Planning is kept in the Concurrent List in the Constitution of India.
    3. The Constitution of India prescribes that Panchayats should be assigned the task of preparation of plans for economic development and social justice.
    Which of the statements given above is/are correct?

  • With reference to the Government of India, consider the following information

    With reference to the Government of India, consider the following information:
    Organization: Some of its functions: It works under
    I. Directorate of Enforcement Enforcement of the Fugitive Economic Offenders Act, 2018 Internal Security Division–I, Ministry of Home Affairs
    II. Directorate of Revenue Intelligence Enforces the provisions of the Customs Act, 1962 Department of Revenue, Ministry of Finance
    III. Directorate General of Systems and Data Management Carrying out big data analytics to assist tax officers for better policy and nabbing tax evaders Department of Revenue, Ministry of Finance
    In how many of the above rows is the information correctly matched?

  • Who among the following constitute the National Development Council

    Who among the following constitute the National Development Council?
    (1). The Prime Minister
    (2). The Chairman, Finance Commission
    (3). Ministers of the Union Cabinet
    (4). Chief Ministers of the States
    Select the correct answer using the codes given below.

  • Which of the following bodies does not/do not find mention in the Constitution

    Which of the following bodies does not/do not find mention in the Constitution?
    (1). National Development Council
    (2). Planning Commission
    (3). Zonal Councils Select the correct answer using the codes given below.

  • The Government of India has established NITI Aayoga to replace the

    The Government of India has established NITI Aayoga to replace the

  • Consider the following organizations/bodies in India

    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?

  • The North Eastern Council (NEC) was established by the North Eastern Council Act, 1971. Subsequent to the amendment of NEC Act in 2002, the Council comprises which of the following members

    The North Eastern Council (NEC) was established by the North Eastern Council Act, 1971. Subsequent to the amendment of NEC Act in 2002, the Council comprises which of the following members:
    1. Governor of the Constituent State
    2. Chief Minister of the Constituent State
    3. Three Members to be nominated by the President of India
    4. The Home Minister of India
    Select the correct answer using the code given below:

  • Consider the following statements about Lokpal

    Consider the following statements about Lokpal:

    I. The power of Lokpal applies to public servants of India, but not to the Indian public servants posted outside India.
    II. The Chairperson or a Member shall not be a Member of the Parliament or a Member of the Legislature of any State or Union Territory, and only the Chief Justice of India, whether incumbent or retired, has to be its Chairperson.
    III. The Chairperson or a Member shall not be a person of less than forty-five years of age on the date of assuming office.
    IV. Lokpal cannot inquire into the allegations of corruption against a sitting Prime Minister of India.

    Which of the statements given above is/are correct?

  • With reference to India, consider the following

    With reference to India, consider the following:

    I. The Inter-State Council
    II. The National Security Council
    III. Zonal Councils

    How many of the above were established as per the provisions of the Constitution of India?