POLITICAL SCIENCE

ASSIGNMENT
PUBLIC INSTITUTIONS IN INDIA

NABEEL RIZVI
2321163
BA PROGRAMME
QUESTION 1 - CRITICALLY EXAMINE THE ROLE OF THE NHRC
(NATIONAL HUMAN RIGHTS COMMISSION) IN PROTECTING THE
RIGHTS OF CITIZENS.

INTRODUCTION
The National Human Rights Commission (NHRC) is a vital institution tasked with
safeguarding human rights and ensuring the protection of individuals’ lives,
liberty, equality, and dignity. It investigates human rights violations and works to
promote awareness and reform through recommendations to the government.

The NHRC acts as a watchdog, intervening in cases of injustice and advocating

for marginalized groups, ensuring constitutional rights are upheld. However, the
NHRC faces numerous challenges, including resource constraints, a heavy
workload, and limited powers to enforce its recommendations

ABOUT NHRC – NATIONAL HUMAN RIGHTS COMMISSION

The National Human Rights Commission is an independent statutory body,
established on October 12, 1993, under the Protection of Human Rights Act, 1993.
The commission serves as a guardian of human rights in India, overseeing the
rights associated with life, liberty, equality, and the dignity of individuals. These
rights are guaranteed by the Constitution of India and are also reflected in
international covenants, like the Paris Principles on Human Rights.

Human Rights: Section 2(1)(d) of the Protection of Human Rights Act, 1993 defines
human rights as the rights concerning an individual’s life, liberty, equality, and
dignity, which are protected by the Constitution or outlined in international
treaties and can be enforced in Indian courts.

NHRC OBJECTIVES
The National Human Rights Commission was established with several specific
objectives aimed at enhancing the framework for addressing human rights issues
in India. The key objectives are as follows:
 • To strengthen institutional arrangements that allow for a comprehensive
and focused approach to addressing human rights issues.
• To investigate allegations of excesses by authorities independently,
demonstrating the government’s commitment to safeguarding human
rights.
• To complement and bolster existing efforts aimed at promoting and
protecting human rights

FUNCTIONS AND RESPONSIBILITIES OF THE NATIONAL HUMAN

RIGHTS COMMISSION
1. To inquire into any violation of human rights or negligence in the
prevention of such violation by a public servant, either suo-motu or on a
petition presented to it or on an order of a court.

2. To intervene in any proceeding involving allegations of violation of human

rights pending before a court.

3. To visit jails and detention places to study the living conditions of inmates
and make recommendations

4. To review the constitutional and other legal safeguards for the protection of
human rights and recommend measures for their effective
implementation.

5. To review the factors including acts of terrorism that inhibit the enjoyment
of human rights and recommend remedial measures.

6. To study treaties and other international instruments on human rights and

make recommendations for their effective implementation.

7. To undertake and promote research in the field of human rights.

8. To spread human rights literacy among the people and promote

awareness of the safeguards available for the protection of these rights.

9. To encourage the efforts of NON-GOVERNMENTAL ORGANIZATIONS

(NGOS) working in the field of human rights.

10. To undertake such other functions as it may consider necessary for the
promotion of human rights.

FAMOUS CASES FILED BY NHRC

As we know the functions and responsibilities of NHRC, it is embedded in its roots
to raise its voice wherever human rights are being violated. Lets us analyze NHRC
role in different cases by analyzing the facts and circumstances of the case and
what were the steps taken by NHRC in order to uphold the justice

1. BATLA HOUSE ENCOUNTER (2008):

Following allegations of a fake encounter by Delhi Police, the NHRC conducted an
independent inquiry by examining evidence and holding public hearings. It
ultimately found no human rights violations, and the Delhi High Court upheld that
the police acted in self-defense under Section 100 IPC.

2. GUJARAT RIOTS (2002):

After the communal violence post-Godhra incident, the NHRC investigated
violations, advocated compensation for victims, and monitored legal
proceedings. It filed a Special Leave Petition (SLP) in the Supreme Court in the Best
Bakery case, seeking retrial outside Gujarat to ensure a fair trial and protection for
victims and witnesses, emphasizing the constitutional and international right to a
fair trial.

3. PUNJAB MASS CREMATION CASE:

The NHRC examined reports of mass illegal cremations by Punjab Police during
the 1980s-90s. It granted interim compensation of ₹2.5 lakh to the next of kin of 89
identified victims, emphasizing that monetary compensation is an effective
remedy for violation of the fundamental right to life, and that sovereign immunity
cannot shield the state from liability.

NHRC CHALLENGES
Despite its vital role in promoting and protecting human rights, the NHRC faces
several challenges that can impede its effectiveness. Some of the key challenges
faced by the NHRC in its efforts to protect and promote human rights include:

• Delayed Appointment: Often delayed appointment of Chairperson and

members raised concerns about the NHRC’s ability to effectively address
human rights issues.
• Global Alliance of National Human Rights Institutions (GANHRI) recently
deferred NHRC’s accreditation for the second consecutive year, citing the
lack of transparency in the appointment process and insufficient
representation of women and minorities within the Commission.
• Non-Binding Recommendations: The NHRC can only recommend actions
to the government, with no enforcement power, limiting its impact on
 human rights protection. The NHRC is called a “toothless tiger” for being
seen as passive in addressing human rights violations, a term coined by
former Chief Justice HL Dattu, its chairperson in 2016.
• Inability to Punish Violators: The NHRC cannot impose penalties on
perpetrators or directly provide relief to victims, undermining its
effectiveness.
• Limited Investigative Authority: Lacking an independent investigative
mechanism, the NHRC relies on state and central governments, leading to
potential bias, especially in cases involving state actors.
• Time Constraints on Complaints: The NHRC can only consider complaints
within one year of the incident, excluding many historical grievances.
• Resource Constraints: Limited funding and staff hinder the NHRC’s ability
to manage cases and raise public awareness.
• Perceived Lack of Independence: Concerns over political influence arise
from the NHRC’s composition, which includes government-appointed
former bureaucrats and judges.
• Reactive Approach: The NHRC is often criticized for reacting to issues
rather than proactively preventing human rights violations

CONCLUSION:

While the NHRC has made significant contributions in protecting human rights,
its impact is often constrained by structural, legal, and political limitations. For
NHRC to become more effective, reforms such as granting it binding powers,
ensuring independent appointments, expanding jurisdiction over armed
forces, and strengthening infrastructure are essential.
Ultimately, the protection of human rights requires not just strong institutions
but also political will, public participation, and robust judicial oversight.

QUESTION 2- DISCUSS THE CHALLENGES FACED BY THE CBI

(CENTRAL BUREAU OF INVESTIGATION) IN THE PREVENTION OF
CORRUPTION AND MAINTAINING THE INTEGRITY OF
ADMINISTRATION.

INTRODUCTION

The Central Bureau of Investigation (CBI) is a multidisciplinary investigation

agency of the Government of India that investigates corruption-related cases,
economic offences, and cases of conventional crime. As India’s foremost
investigative agency, it provides a centralized mechanism for high-quality
investigations.

ESTABLISHMENT OF CENTRAL BUREAU OF INVESTIGATION

• The origin of the Central Bureau of Investigation (CSI) goes back to 1941
when the Government of India set up the Special Police Establishment to
investigate cases of bribery and corruption in transactions with the War
and Supply Department of India during World War II.
• Even after the War, the need for a Central Government agency was felt to
investigate cases of bribery and corruption by Central Government
employees.
• Accordingly, the Delhi Special Police Establishment Act was brought into
force in 1946, which transferred the superintendence of the Special Police
Establishment to the Home Department and its functions were enlarged to
cover all departments of the Government of India.
• Later, the Central Bureau of Investigation (CBI) was established in 1963 by a
resolution of the Ministry of Home Affairs, Government of India.
• Through this resolution itself, the Delhi Special Police Establishment (DSPE)
was merged with the CBI and made one of the divisions of the CBI.
• Later, the CBI was transferred from the purview of the Ministry of Home
Affairs to the Ministry of Personnel, Public Grievances and Pensions.

– Since the Central Bureau of Investigation (CBI) has been established by a resolution of
the Ministry of Home Affairs, it is neither a constitutional body nor a statutory body.
– The CBI derives its powers from the Delhi Special Police Establishment Act of 1946.

MISSION OF CENTRAL BUREAU OF INVESTIGATION

The Mission of the Central Bureau of Investigation (CBI) is:

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

FUNCTIONS OF CENTRAL BUREAU OF INVESTIGATION (CBI)

The functions of the Central Bureau of Investigation (CBI) are:

 • To investigate the cases of corruption, bribery, and misconduct of Central
Government employees.
• To investigate the 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.
• To investigate serious crimes, having national and international
ramifications, committed by organized gangs of ‘professional criminals’.
• To coordinate the activities of the anti-corruption agencies and the various
State Police Forces.
• To take up any case of public importance for investigation at the request of
a State Government.
• To maintain crime statistics and disseminate criminal information.

CHALLENGES FACED BY CENTRAL BUREAU OF INVESTIGATION

(CBI)

The challenges faced by the Central Bureau of Investigation (CBI) are:

• Political Interference – Time and again, the CBI has been accused of being
influenced by the political establishment and lacking true independence in
its investigations.
o Excessive political interference in its functioning has made the
Supreme Court call the CBI a “caged parrot speaking in its master’s
voice”.
• Allegations of Bias – There have been allegations of the CBI being biased
in its investigations, favoring certain political parties or individuals.
o There have been concerns about the selective nature of some of the
CBI’s prosecutions.
• Misuse by the Central Government – Critics argue that successive Central
Governments have used the CBI to haunt political opponents and coerce
state governments to fall in line.
• Accountability Issues – Questions have been raised about the CBI’s
accountability mechanisms, with concerns about the lack of proper
oversight and transparency in its functioning.
• Shortage of Manpower and Resources – The agency has been plagued by
a shortage of personnel, infrastructure, and financial resources, hampering
its investigative capabilities.
o This has led to challenges in handling the increasing workload and
complexity of cases.
• Perception of Ineffectiveness – The CBI’s image has at times been
tarnished by perceptions of ineffectiveness, particularly in high-profile
cases or when its actions have been perceived as inadequate.
 • This has led to a loss of public trust in the agency’s ability to deliver justice.
• Delayed Investigations – The CBI has been criticized for the slow pace of
its investigations, leading to delays in justice and eroding public
confidence.
o Factors such as lack of resources, manpower, and procedural
complexities have contributed to these delays.

SUGGESTED MEASURES TO ENHANCE AUTONOMY OF CBI

The 24th report of the Department-related Parliamentary Standing Committee on

Personnel, Public Grievances, Law and Justice made the following
recommendations to strengthen the functioning of the CBI:

• Statutory Backing – A new CBI Act can be brought to replace the DSPE Act.
o The Act should clearly lay down the role, jurisdiction, and legal
powers of the CBI.
• Increasing Staff Strength – The staff strength of the CBI should be
increased to provide it with more human resources.
• Increasing Resources – Increasing the financial resources of the CBI and
improving the agency’s infrastructure can help it function more effectively.
• Increasing Jurisdiction – The CBI’s investigative powers across Union,
State, and Concurrent lists could be enhanced to give it more teeth.
• Other Measures – administrative empowerment, increased accountability,
etc.

CONCLUSION

The Central Bureau of Investigation (CBI) stands as a crucial pillar in India’s

criminal justice system. However, it is faced with several challenges, which
hamper its effective functioning. Implementing the above-suggested reforms
would be a significant step forward in reinforcing the credibility and effectiveness
of the CBI as a vital institution within the Indian polity.