<br>

slotlay
55 National Human Rights
Commission
ESTABLISHMENT OF THE of the Supreme Court, a serving oT
chief justice ofa high court ired
COMMISSION and thre DerSOTS
(out of which atleast one should a
be woman)
The National Human Rights Commission having knowledge or practical experience
is statutory (and not a constitutional)
a
with respect to human rights. In addition
body. It was established in 1993 under a to these full-time members,
the commis
legislation enacted by the Parliament, sion also has seven ex-officio members-the
namely, the Protection of Human Rights chairpersOns of the National Commission
Act, 1993.
for
Minorities, the National
The commission is the watchdog of
Commission for SCs,
human the National Commission for SIS, neNaional
rights in the country, that is, the rights relat Commission for Women, the National Com
ing to life, libertv, equality and dignitv of the mission for BCs and the National Commission
individual guaranteed by the Constitution or for Protection of Child Rights and
embodied in tieE the Chief
imteational covenants Commissioner for Persons wIth Disabiliies
and enforceable bT courts in
India. The chairperson and members are
The specific objectives of the establishment appointed by the president On the recommen
of the commission
are': dations of a sir-member commite cOnsisting
(a) To strengthen the institutional arrange of the prime minister as its head, the Speaker
ments through which of the Lok Sabha, the Deputv Chairman of
human rights
issues could be addressed the Rajya Sabha, leaders of the Opposirion in
in their
entirety in a more focussed manner; both the Houses of Parliament and the
(b) To look into Cenral
allegations excesses,
of home minister. Furher, a simng judge of the
independently of the government, Supreme Court or a siting chel ustice of a
a manner in
that would underline the high court can be appointed only after con
government's commitment to sultaion wih the chiet justire 0 mud.
human rights; protect
and The chairperson and membes hold ofice
(°) To complement and strengthen the for a term of three veas Or mntil hey atin
efforts that have
already been made in the age of 70 years, whichever is earlier. Thev
this direction. are elligible tor reappointment. After their
tenure, the chairperson and membes ar n0t
COMPOSITION eligible for furtlher emplOVment under the
COMMISsION OF THE Central or a state goverment.
The president can emove the chaipeson
The
commission or any nember from the ottice under the fo
sisting of is a multi-member body con-
a lowing cirumstances:
chairperson Chirperson and fiye members. The
ofIndia should be a (ahe is adjudged an insolvent; or
or a retired chiefjustice (ba me engages,
during his term of ottice,
membeers judge of the Supreme Court and
should be a In any paid emplovment outside the
serving or retired judge duties of his oftice; or
<br>

Indion Polity
55.2
in office by Ihuman rights and recommend
(C) If he is unfit to continue or body; or 111CasurCs.
remedial
oason of infimity of nind so () bstudy treaties and other international
of unsound mindl and stnd
(d) ir he is cour; or instrunncnts on human rights and
declared by Competent
a
rccomncndations for their cffective
and sentenccd to
mak.
(e) f he is convictedan oflence. implementation.
imprisonment for (H) To undertake and promote
ln addition to these, the
president cHn research
or any me) lhe field of human rights. in
also rcmove he chairperson nmisbehaviour (h) o
sprcad human rights literacyamong
ber on the ground of proved Cascs, the peoplc and promote awarcness
or incapacity. lowevCr, in thesc of the.
safeguards available for the protection
the president has t0 refer the
matter to of

an inquiry. lf the thesc rights.

the Supreme Court for
(i) To Cncourage the cfforts of non-
Supremc Court, after the inquiry, upholds govern mental organsations (NGO)
the causc of rcmoval and adviscs s0, then working in the ficld of human rights
the president can remove the chairpcrson (i) To undertake such other functions as i:
Or a member. may consider necessary for the promo
The salaries, allowances and other cona
ditions of service of the chairperson or gov
tion of human rights.
member are dctermincd by the Central
crnmcnt. But, they cannot be varicd to his WORKING OF THE COMMISSION
disadvantage after his appointncnt.
Allthe above provisions arc aimcd at sccur
The commission's headquarters is at Delhi
ing autonomy, independence and impartiality and it can also establish offices at other places
in the functioning of the Commission. in India. It is vested with the power to regu
CC late its own procedure. It has all the
of a civil court and its proceedings have
powers
a

FUNCTIONS OF THE
COMMISSION judicial character. It may call for information
or report from the Central and state govern
The functions of the Commission are: ments or any other authority subordinate
(a) To inquire into any violation of human thereto. own nucleus of
rights or negligence in the prevention of The commission has its into
such violation by a public servant, cither investigating staff for investigationviolations.
uO mOtu or on petition
a
presented to it complaints of human rights the ser
Or on an order of a COUrt. Besides, it is cmpowered to utilise agenc)
(b) To intervene in any procecding involv vices of any officer or investigation
or any state go
ing allegation of violation of human of the Central government
purpose. It has also estab
rights pending before a court. Crnment for he the No
(c) To visit jails and detention places to lished cffective cooperation with human
study the living conditions of inmates vitlhfirst-hand information about
and makc rec0mmendation thereon. rights violations.
"The Commission is
not empoweredexpiry of
(d) To review the constilutional and after the
other Jegal safeguards for the pro inquire into any Imatter o

year ronn the date on which the actalleged

tection of buman rigbts nd rccom Onc rights is
mend measures for their effective stituting violation of human other words, it
implementation. to have becn COmmitled. In one. year ofits
matter within
a
(e) To review the factors including acts of Can look into
terrorism thatinhibit he enjoyment of OCcUrrence'
<br>

National Human Rights Commission

55.3

mhe comission may ake any of the fol Thc commission submits its annual or
during or upon the completion spccial rcports to the Ccntral government
loning steps
inquiry: and to the state government Concerned. These
of an to the concerned reports arc laidl bcforc the respective legisla
it nay recommend pay
covernment or authority to make tures, along with a memorandum of action
to taken on the recommendations of the com
ment of compensation or damages
the victim; mission and the reasons for non-acceptance
(b) it 111ay
recommend to the concerned of any of such recommendations.
gOvernnent or authority the initiation of
proceedings for prosecution or any other
action against the guilty public servant; PERFORMANCE OF THE
(C) may recOMimend to the concerned
it
governnment or authority for the grant of COMMISSION
immediate interim relief to the victim:
or The various human rights issues taken up by
(a) it may approach the Supreme Court
the Commission are as follows:
the high court concerned for the neces 1. Abolition of Bonded Labour
sarv directions, orders or writs.
2. Functioning of the Mental Hospitals at
Ranchi, Agra and Gwalior
ROLE OF THE COMMISSION 3. Functioning of the Government Pro
tective Home (Women), Agra
From the above, it is clear that the functions 4. Issues Concerning Right to Food
of the commission are mainly recommenda 5. Review of the Child Marriage Restraint
tory in nature. It has no power to punish the Act, 1929
riolators of human rights, nor to award any 6. Protcols to the Convention on the
relief including monetary relief to the victim. Rights of the Child
Notably, its recommendations are not binding 7. Preventing Employment of Children by
on the concerned government or authority.
Government Servants: Amnendment of
But, it should be informed about the action Service Rules
taken on its recommendations within one 8. Abolition of Child Labour
month. In this context, a former member of 9. Guidebook for the Media on Sexual
the Commission observed:
The government Violence against Children
cannot wash away the recommendations 10. Trafficking in Women and Children:
made by the Commission. The commission's Manual for the Judiciary for Gender
role may be recommendatory, advisory, yet Sensitisation
the Government considers the cases forwarded 11. Sensitisation Programme on Prevention
by it. It is, therefore,
improper to say that the of Sex Tourism and Trafficking
Commission is powerless. It 12. Maternal Anemia and Human Rights
enjoys great mate
ial authority and no government can 1gnore 13. Rehabilitation of Destitute Women in
Its recommendation'.
Vrindavan
Moreover, the commission has limited role, 14. Combating Sexual Harassment of Women
PoWers and
jurisdiction with respect to the at the Vork Place
Violation of human
rizhts by the memberS 15. Harassment of Women Passengers in
O the armed
mission may
forces. In this sphere, the com Trains
16. Abolition of Manual Scavenging
gOvernment seek report from the Central
a

The and make its recommendati0ns. 17. Dalits Issues inchuding Atrocities Per
Central governmnent perated on them
Commission should inform the
of the action taken on the recom- 18. Problems Faced by Denotified and
nendations wirhin
three months. Nomadic Tribes
<br>

55,4 Indian Polity

19. Rights of thc Disabled Persons 31. ACccssion to thc

Convention
20. Issues Relatcd to Right to Health TorturC, Additional
Protocolsagainy
21. Rights of PcIsons Afected by HIV /AIDS Geneva Conventions.
32. Discussion on Adoption of a
tothe
22. Relief Work for the Victims of 1999
for the Country Refugeelan
Orissa Cyclone
23. Monitoring of Rclicf Measures under 33. Systemic Reforms of Police,
taken after Gujarat Earthquake (2001l) other Centers of Detention Prisons
and
24. District Complaints Authority 34. Review of Laws, Implementation
25. Population Policy - Devclopment and and the International ofTreaties,
Instruments
Human Rights Human Rights on
26. Review of Statutes,including Terrorist & 35. Promotion of
Human Rights Literacy
Disruptve Activities Act, and (Draft) Awareness in the Educational and
36. Human Rights Training System
Prevention of Terrorism Bill, 2000 for
27. Protection of Human Rights in Areas of Forces and Police, the Armed
Public Authorities and
Insurgency and Terrorism Civil Society
28. Guidelines to Check Misuse of the Power 37. Action Research on
Trafficking.
of Arrest by the Police 38. Research through
well-known academir
29. Setting up of Human Rights Cells in the institutions and NGOs on various issues
State / City Police Headquarters relating to human rights.
30. Steps to Check Custodial Deaths, Rape 39. Constitution
with NGOs experts
and
and Torture specialists on human rights issues.

NOTES AND
REFERENCES
1. The president promulgated the Protection of Human Rights Ordinance
on September 28, 1993. Subsequently,
the Prótection of Human Rights
Bill, 1993, was passed by both the Houses of Parliament and received
the assent of the President on January 8, 1994. The act came into force
with retrospective effect from September 28, 1993.
2. 'International covenants' means the
International Covenant on Givil anu
Political Rights and the International Covenant on Economic, Social and
Cultural Rights adopted by the General Assembly of the United Nations on
December 16, 1966 and such other Covenant or Convention adopted by u
General Assembly of the UN as the Central Government may specity• 6
Indian government acceded to these two International Covenants on Aprt
1979,
3. T.K. Thommen, 'Human Rights Commission', Cochin Universty
Review, Vol. XVII, nos. 1 and 2, March-June 1993, p. 67-68.
thatthe
by the Comnnission recommended the
4. A.M. Ahmadi Committee set up
Commission should be matter after
empowered to inquire into any complaint
expiry of one year, if there is sufficient reason for not filing tthe
within the said period. Human
5. Justice V.S.
Malimath, Role of Human Rights Commission', Deep
Rights in India: Problems and (ed.),
Perspectives, B.P. Singh Sehgal
Publications, 1995, p. 17-20. forcesand
6. Under the Act, 'armed means and air
forces' the naval, military Committee
includes any other armed forces of the Union. A.M. Ahmadi 'armed
set up by the commission. : of the and
recommended that the definitionnavy, army
forces' should be changed in a way
that it includes only
air force, not para-military forces.
<br>

Gouwo.

State Human Rights

Commission
Act person having knowledge or practical experi
The Protcction of Human Rights

T of 1993 provides for the creation

not only the National Human Rights
Commission but also a State Human Rights
of ence with respect to human rights.
The chairperson and members are
appointed by the Goverhor on the recom
mendations of a committee consisting of the
Commission at the state level'. Accordingly,
State
twentr six states have constituted theOfficial chief minister as its head, the speaker of the
Human Rights Commissions through Legislative Assembly, the state home minister
Gazette Notifications?
and the leader of the oppositiona in the
A State Human Rights Commission
can Legislative Assembly. In the case of state hav
inguire into violation of human rights only
in ing Legislative Council, the chairman of the
respect of subjects mentioned in the State List Council and the leader of the opposition in the
com
(List-II) and the Concurrent List (List-II)
of the Council would also be the members of the
Seventh Schedule of the Constitution.
However, mittee. Further, a sitting judge of a High Court
can be appointed
if any such case is already being inquired
into Or a sitting District Judge
Commission only after consultation with the Chief Justice
by the National Human Rights state.
or any other Statutory Commission, then
the of the High Court of the concerned
hold office
State Human Rights Commission does
not The chairperson and members
or until they attain
for a term of three years
inquire into that case. earlier. They
upon the age of 70 years, whichever is After their
The central government may confer are elligible for re-appointment.
the State Human Rights Commissions
the are not
tenure, the chairperson and members a state
functions relating to human rights being eligible for further employment under
discharged by the union territories, except the government or the Central
government.
union territory of Delhi. The functions relat Although the chairperson and
members
ing to human rights in case of union
territory Commission are
of a State Human Rights
of Delhi are to be dealt with by the
National governor, they can be
appointed by the (and not by
Human Rights Commission. removed only by the President can remove
the governor). The President same
COMPOSITION OF THE on the same grounds and in the
them chairperson
COMMISSION manner as he can remove theHuman Rights
is or a member of the National
can remove the chair
Ine State Human Rights Commission a Commission. Thus, he following
multi-member body consisting of
a
person or a member under the
Gnairperson and two members. The chaira circumstances:
person should be a retired Chief Justice or is adjudged an insolvent; or
(a) If he his term of office,
dudge ofa HighCourt and members should be (b) If he engages, during
Serving or retired judge
of a
High Court or a employment outside the
d
in any paid or
DIstrict Judge in the state with minimum of
a
a duties of his office;
ren years experience as District Judge and
<br>

Indian Polity
56.2

(c) If he is unfit to continuc in officc by () To undertake

rason of infirmity of mind or body; or and promote
the ficld of human research
(d) If he is of unsound mind and stands
so
(3) To sprcad human rights. in
declared by a compctent court; or rights literacy
thc pcople and promote among
(e) lf he is convictcd and sentenccd to awareness
the safcguards available to

imprisonment for an offencc. tion of these rights. for the of to

protec.
In addition to these, the prcsident can also (h) To cncourage
t

remore the chairperson or a menmber on the the

efforts of
mental organizations non-gOvern-
ground of proved misbehaviour or incapacity. in the field of human (NGOs)
working
a
Honever, in these cascs, the Prcsident has to rights. t
i) To undertake
refer the matter to the Supreme Court for such other
an inquiry. If the Supreme Court, after the
may
Consider necessary functions as t.
inquiry, upholds the cause of removal and
tion of human rights. for the promo-
adises so, then the President can remove the
chairperson or a member. WORKING OF
The salaries, allowances and other condi THE COMMISSION
tions of service of the chairperson or a mem The Commission
ber are determined by the state government. to regulate is vested with the power
its own procedure.
powers
But, theT cannot be varied to
his disadvantage of a civil court and itsItproceedings
has all the
after his appointment. have a judicial
All the above provisions are character. It may call for
aimed at secur information or report
ing autonomy, independence and
impartiality ment or any other from the state govern
in the functioning of the Commission. authority subordinate
thereto.
The Commission is not
inguire into any matter empowered to
FUNCTIONS OF THE after the expiry of
one year from
COMMISSION the date on which the act con
stituting violation of human
The functions of the Commission are: to have been committed. In rights is alleged
other words, it
(a) To inquire into any can look into a matter
violation of within one year of its
human rights or negligence OCCurrence.
in pre
vention of such violation by athe The Commission may take any of the fol
servant, either suo motu or on public
a peti
lowing steps during or upon the completion
tion presented to it or on an order of a of an inquiry:
COurt. (a) it may recommend to the state govern
(b) To intervene in any proceeding involv ment or authority to make payment
ing allegation of violation of of compensation or damages to the
human victim;
rights pending before a court.
(c) To visit jails and detention (b) it may recommend to the state govern
places to
study the living conditions of iinmates ment or authority the initiation of pro
and make recommendation thereon. Ceedings for prosecution or any other
(d) To review the constitutional action against the guilty public servan;
and other (C) it nmay recommend to the state govett
legal safeguards for the protection of
human rights and recommend measures ment or authority for the grant of imne
for their effective implementation. diate interim relief to the victim; o

(e) To review the factors including acts of (0) it may approach the Supremenecessary
Court

terrorism that inhibit the enjoyment the state high court for the
of directions, orders or writs.
human rights and recommendremedial the
measures. From the above, it is clear that mainly
functions of the commission are
<br>

State Human Rights Commission

56.3
recomendatory in nature. It has no power persons having
the violators of human rights, nor knowledge or
to punish any relicf including monctary relicf
cal expericnce with
rEspect
practi
to human
to awardvictim. Notably, its rights) from two to
three out
recommendations at lcast onc has to a woman.of which
to the on state be
arc not binding the government or 3. It made the chairpersons
of
Commission for BCs and the National
authority. But, it should be informed about
on the
the action taken
its recommecndations Commission for Protection National
within one month. Rights as well as the Chief of Child
phe Conmission submits its annual or Commissioner
for Persons with Disabilities as
special reports to the state government. These the ex
officio members of the National Human
reports are laid before the state legislature, Rights Commission.
along ith
a
memorandum of action taken 4. It reduced the term
the recommendations of the Commission of the chairperson
of members of the National Human
and the reasons for non-acceptance of any of
Rights Commission as well as the State
such recommendations Human Rights Commission from five to
three years. It also made them eligible
HUMAN RIGHTS COURTS for re-appointment.
5. It provided that a person who
The Protection of Human Rights Act (1993) a judge of a High Court is has been
also made
also provides for the establishnent of Human eligible to be appointed as Chairperson
Rights Court in every district for the speedy of the State Human Rights Commission
trial of violation of human rights. (in addition to the person who has
been
These courts can be set up by the state the Chief Justice of a High Court).
government only with the concurrence of the 6. It provided that the central government
Chief Justice of the High Court of that state. may confer upon the State Human
For every Human Rights Court, the state Rights Commissions the functions relat
government specifies a public prosecutor or ing to human rights being discharged
appoints an advocate (who has practiced for by the union territories, except the
seven years) as a special public prosecutor. union territory of Delhi. The functions
relating to human rights in case of
union territory of Delhiare to be dealt
2019 AMENDMENT ACT with by the National Human Rights
Commission.
The various provisionsor features of the 7. It provided that the Secretary-General
Protection of Human Rights (Amendment) of the National Human Rights Com
Act, are as follows:
2019,
mission shall exercise all administrative
I. It provided that a person who has been a
and financial powers (except judicial
Judge of the Supreme Court is also made
eligible to be appointed as Chairperson of
functions and the power to make
regulations), subject to control of the
the National Human Rights Commission chairperson.
(in addition to the person who has been 8. It prov ided that the Secretary of the
the Chief Justice of India). State Human Rights Commission shall
It increased the number of exercise all administrative and financial
members of
the National Human Rights Commission powers of the Commission, subject to
(Who are to be appointed control of the chairperson.
from amongst
<br>

57 Central Information
Commission
The Central Information Commission of any State or Union Territory. They should
T was established by the Central Goy
crmment in 2005. It was constituted
through an Official Gazette Notification under
not hold any other office of profit or con
nected with any political party or carrying
on any business or pursuing any profession.
the provisions of the Right to Informätion Act
(2005). Hence, it is not a constitutional body.
The Central Information Commission is a TENURE AND SERVICE
high-powered independent body which inter CONDITIONS
alia looks into the complaints made to it and
The Chief Information Commissioner and an
decide the appeals. It entertains complaints
andappeals pertaining to offices, financial Information Commissioner shall hold office
for such tern as prescribed bv the Central
institutions, public sector undertakings, etc.,
under the Central Government and the Union Government or until they attain the age of
65 years, whichever is earlier. They are not
Territories.
eligible for reappointment".
The President can remove the Chief Infor
COMPOSITION mation Commissioner or anv Information
Commissioner from the office under the fol
The Commission consists of a Chief lowing circumstances:
Information Commissioner and not more (a) if he is adjudged an insolvent; or
than ten Information Com missioners. (b) if he has been convicted of an offence
The Commission, when constituted ini which (in the opinion of the President)
tially, had five commissioners including involves a moral turpitude; or
the Chief Information Commissioner. At (c) if he engages during his term of office in
present (2019), the Commission has sx any paid employment outside the duties
Information Commissioners apart from the of his office; or
Chief Information Commissioner'. They are (d) if he is (in the opinion of the President)
appointed by the President on the recom unfit to continue in oftice due to infir
mendation of a committee consisting of the mity of mind or body; or or
Prime Minister as Chairperson, the aLeader (e) if he has acquired such financial
O
Opposition in the Lok Sabha and Union other interest as is likely to affect preju
Cabinet Minister
nominated the Prime
by dicially his official functions.
can also
Minister'. They should be persons of emi- In addition to these, the President
nence in public life with wide knowledge remove the Chief Information Commissioner
or any Infornation Commissioner
on the
id experience in law, science and tech ground of proved misbehaviour
or incapac
1ology, social service, management J cases, the President
nalism, mass and ity". However, in these
media or administration Supreme Court
governance.
They should not be
a
Member has to refer the matter to the
Supreme Court, after
of
Parliament or Member of the Legislature lor an enquiry. If the
<br>

57.2 Indian Polity

the enquiry, upholds the causc of removal and (c)

issuing summons
advises so, then the President can temove him. witnessCs for cxaminationc
The salary, allowances and other service 0r documents: ana
() any other matter
conditions of the chicf Information Com prescribcd. which
mìssioner and an Iuformation Commissioner 4. During may
shall be such as pIcscribed by the Central
the inquiry of a te.
Commission may complaint,
Government. But, the cannot be varicd to which is examine
under the Control any ,the.
his disadantage during service. lic authority and rerard
no such of thepuh
be withheld from
it on any record
other words, all public grounds,.
POWERS AND FUNCTIONS given to records
the Commission during musth
for examination. inquiry
The powes and functions of the Central 5. The Commission has
Information Commission are: the power
1. It is the duty of compliance of its decisions tO SeCure.
the Commission to public authority. This from
receive and inquire into a complaint includes: the.
(a) providing access
from any persOn: to intormation in a
(a) who has not been able to submit particular form;
an information request because (b) directing the public
authority tn
of non-appointment of a Public
appoint a Public Information
Officer where none exists;
Information Officer; (c) publishing information or categoris
(b) who has been refused information
of information;
that was requested; (d) making necessary changes to the
(c) who has not received response to
practices relating to management,
his information request within the
specified time limits;
maintenance and destruction of
records;
(d) wh0 thinks the fees charged are
(e) enhancing training provision for ofF
unreasonable; cials on the right to information;
(e) who thinks information given is
(t) seeking an annual report from the
incomplete, misleading or false; and public authority on compliance
(f) any other matter relating to obtain
with this Act;
ing information. (8) requiring the public authority
o
2. The Commission can order inquiry or
Compensate for any loss other
into any matter if there are reasonable detriment suffered by the applicant
grounds (suo-moto power). (h) imposing penalties under
this Act;
3. While inquiring, the Commission has
and
the powers of a civil Court in respect of () rejecting the application.an annual
the following matters: 6. The Commission submits
(a) summoning and enforcing atten Government o
report to the Central the provisions
dance of persons and compelling the implementation of Government
them to give oral or written evi of this Act. The Central House of
dence on oath and to produce docu each
places this report before
ments or things; Parliament. does not
co

(b) requiring the discovery and inspec 7. When a public authority this Act,
of
tion of documents; form to the provisions
recommend (to taken
(c) receiving evidence on affidavit; Commission may to be
(d) requisitioning any public record which ought
authority) steps conformity:
from any court or office; or promoting such
<br>

58 State Information
Commission
Right to Information Act of 200s
he
TENURE AND SERVICE
provides for the creation of not only
the Central Information Commis
CONDITIONS
ton but also a State Information Comnmis
The State Chief Information Commissioner
sion at the
state level. Accordingly, all the
and a State Information Commissioner shall
tos have constituted the State Informa
hold office for such term as prescribed by
tion Commissions through Official Gazette the Central Government or until they attain
Notifications.
The State Information Commission is the age of 65 years, whichever is earlier.
a high-powered independent body which
They are not eligible for reappointment'.
The Governor can remove the State Chief
interalia looks into the complaints made
to it and decide the appeals. It entertains
Information Commissioner or any State
Information Commissioner from the office
complaints and appeals pertaining to under the following circumstances:
offices, financial institutions, public sector
(a) if he is adjudged an insolvent; or
undertakings, etc., under the concerned (b) if he has been convicted of an offence
state government. which (in the opinion of the Governor)
involves a moral turpitude; or
COMPOSITION (c) if he engages during his term of office in
any paid employment outside the duties
The Commission consists of a State Chief of his office; or
Information Commissioner and not more (d) if he is (in the opinion of the Governor)
than ten State Information Commissioners'. unfit to continue in office due to infir
They are appointed by the Governor on the mity of mind or body; or
recommendation of a committee consisting of (e) if he has acquired such financial or
the Chief Minister as Chairperson,
the Leader other interest as is likely to affect preju
of Opposition in the Legislative
Assembly dicially his official functions.
and a State Cabinet Minister nominated by In addition to these, the Governor can
the Chief Minister. They should
be persons also remove the State Chief Information
O eminence in public life with wide
eage and
knowl Commissioner or any State Information
experience in law, science and Commissioner on the ground of proved mis
technology, social service, management, behaviour or incapacity". However, in these
jour
nalism, mass media or administration cases, the Governor has to refer the matter
goVernance. They should not
and
be a Member of to the Supreme Court for an enquiry. If the
Parliament or
Member of Legislature of Supreme Court, after the enquiry, upholds
ay State or Union Territorv.the
They should not the cause of rCmoval and adyises so, then the
hold any
other office of profit or connected Governor can remove him.
with
any political
business party or carrying on any The salary, allowances and other service
or pursuing any profession. Conditions of the State Chief Information
<br>

Indian Polity
55.2
() any other matter which
Information
Commissioner and a Stateas prescribed by prescribed. may
be
Commissioner shall be such 4. During the inquiry
But, they cannot be Ia
of
complaint,
the CentralGovernment. during servicc. Commission may examine the
any reCord
Taried to his disidantage which is under the control of

lic authority and no such reCoTdthe pub

be withheld from it on
any grounds,may
POWERS AND FUNCTIONS other words, all public records i
must
given to the Commission during be

The powers and functions of the State for examination.

inquiry
are:
Information Commission Commission to 5.
The Commission has the power secure
1. It is the dutt of the compliance of its decisions from
to
a complaint
receive and inquire into public authority. This includes: the

from any person: to submit (a) providing access to information

(a) who has not been able particular form;
in a
an information request because
a Public (b) directing the public authority to
of non-appointment of a
appoint Public Information
Information Officer; Officer

(b) wh0 has been refused

information where none exists;
(c) publishing informationn or categories
that was requested;
response to of information;
(c) who has not received
his information request within the (d) making necessary changes to the
specifiedtime limits; practices relating to management,
() who thinks the fees charged are maintenance and destruction of

unreasonable; records;
(e) wh0 thinks information given is (e) enhancing training provision for oft
incomplete, misleading or false; cials on the right to information:;
and () seeking an annual report from the
f) any other matter relating to obtaining public authority on compliance
information. Tvith this Act;
2. The Commission can order inquiry (g) requiring the public authorityor
into any matter if there are reasonable to compensate for any loss the
by
grounds (suo-moto power). other detriment suffered
3. While inquiring, the Commission has applicant; Act:
the powers of a civil court in respect of under this
(h) imposing penalties
the following matters: and
(2) sunmoning and enforcing atten () rejecting the application.an annuat
dance of persons and compelling 6. The Commission submits 01
them to give oral or written evi report to the State Government provisios
dence on oath and to produce docu the implementation of theGovernmedt
ments or things; of this Act, The State
(b) requiring the discovery and inspec before the State
places this report
tion of documents; Legislature. not cot
(c) receiving evidence on affidavit; 7. a public authority does Act, the
When
(d) requisitioning any public record of this
form to the provisions
reecommend (tothe
from any court or office; Commission may taken
(e) issuing summonsfor examination of which Oughtto be
authority) steps
winesses or d0cuments; and conformity.
1Or promoting such
<br>

State Information Commission

58.3
RTIAMENDMENT ACT 2019 Information Commissioncr
officc for such term as shall hold
features or
provisions of the Right Central government. prescribed by the
Thevarious Bcfore this amend
to Information (Amendment) Act, 2019 arc ment, thcir term was
4. It provided fixcd for 5 years.
as follows: that the salary, allowances
t provided that the Chicf Information and other service conditions
Commissioner and an Information Chicf Information Commissioner of the State
a
Commissioner shall hold office for State Information Commissioner and
such term as prescribed by the Central shall
be such as prescribed by the Central
Governnment. Betore this amendment. Government. Before this amerndment,
their term was fixed for 5 years. the salary, allowances and other service
2. It provided that the salary, allowances conditions of the State Chief Information
and other service conditions of the Commissioner were similar to those of
Chief Information Commissioner and an Election Commissioner
an Information Commissioner shall a State Information and that of
be such as prescribed by the Central Commissioner were
similar to those of the Chief Secretary of
Government. Before this amendment. the state government.
the salary, allowances and other service 5. It removed
conditions of the Chief Information the provisions regarding
deductions in salary of the Chief
Commissioner were similar to those of Infor
the Chief Election Commissioner and
mation Commissioner, an Information
Commissioner, the State Chief Infor
that of an Information Commissioner
were similar to mation Commissioner and a State
those of an Election Information Commissioner due to pen
Commissioner. sion or any other retirement benefits
3. It provided that the State
Chief Infor received by them for their previous
mation Commissioner and a State government service.

NOTES AND
REFERENCES
1. The number of State Information Commissioners varies
from one state
to another state.
2. Where the Leader of Opposition in the Legislative Assembly has not
been
recognized as such, the Leader the single largest group in opposition
of

of the Government in the Legislative Assembly shall be deemed to be

the Leader of the Opposition.
3. The State Information Commissioner is eligible for appointment as State
Chief Information Commissioner but cannot hold office for nnore thau a
total of five years including his term as State Information Connmissioner.
4. He is deemed to be guilty of misbehaviour, if he is concerned or interested
in any contract or agreement made by the State Government or partici
pates in any way in the prolit of such conract or agreenent or in any
benefit or emolument arising there from otherwise than as a member
and in common with the other members of an incorporated company.
5. The Commission can impose a penalty on the Public Information Officer
at the rate of T250 per day up to a maximum of 25,000. It can also rec
ommend for disciplinary action against the errant official.
<br>

59 Central Vigilance
Commission
ESTABLISHMENT commissioners. They are appointed by the
president by warrant under his hand and seal
The Central Vigilance Commission (CVC) is on the recommendation of a three-member
the main agency tor preventing corruption committee consisting of the prime minis
in the Central government. It was estab ter as its head, the Union minister of home
lished in 1964 by an executive resolution affairs and the Leader of the Opposition in the
of the Central government. Its establish Lok Sabha. They hold office for a term of four
ment was recommended by the Santhanam years or untilthey attain the age sixty
of five
Committee on Prevention of Corruption! years, whichever is earlier. After tenure,
their
(1962-64). they are not eligible for further employment
Thus, originally the CVC was neither a con under the Central or a state governmnent.
stitutional body nor a statutory body. Later, in The president can remove the Central
2003, the Parliament enacted a law conferring Vigilance Commissioner or any vigilance
statutory status on the CVc' commissioner from the office under the fol
In 2004, the CVC has been designated as lowing circumstances:
the agency to receive and act on complaints
(a) If he is adjudged an insolvent; or
or disclosure on any allegation of corruption
or misuse of office
(b) If he has been convicted of an offence
from whistle blowers under which (in the opinion of the Central
the "Public Interest Disclosure and Protection
of Informers' Resolution" (PIDP), government) involves a moral turpitude;
which
is popularly known as "Whistle Blowers"
Resolution. The Commission is also empow (c) If he engages, during his term of office,
ered as the only designated agency to in any paid employment outside the
take duties of his office; or
action against complainants making moti
vated or vexatious (d) If he is (in the opinion of the president),
complaints."2a
The CVC is conceived to be the apex vigilance unfit to continue in office by reason of
institution, free of control from any infirmity of mind or body; or
executive
authority, monitoring all vigilance
activity (e) If he has acquired such financial or
under the Central Government
and advising other interest as is likely to affect preju
Various authorities in dicially his official functions.
Central Government
Organisations in planning, executing, revieWw In addition to these, the president can also
ng and reforming remove the Central Vigilance Commissioner
their vigilance work. or any vigilance commissioner on the
ground of proved misbehaviour or incapac
cOMPOsITION ity. However, in these cases, the president has
Ihe CVC is a multi-member to refer the matter to the Supreme Court for
a
body consisting an enquiry. If the Supreme Court, after the
Central Vigilance Commissioner
PeISon) (chair enquiry, upholds the cause of removal and
and not more than tWo vigilance advises so, then the president can remove
<br>

Indian Polity

59.2 Commissioners for Departmental

to be guilty of misbe
| Inquiries:
CDIs function as Inquiry Officers
hìm. Hc is decmed concerned or interestcd The
to conduct
haviout, if he (a) is agreement made by the oral inquiries in
departmental proceedings
or initiated against public servants,
in any contract
government,
in
or (b) participates or
Central such contract
any way in the profit of or cmolument FUNCTIONS
agreement or in any benefit as a mem
otherwise than The functions of the CVC are:
arising therefrom other members
common with the 1. To inquire or cause an inquiry or inves
ber and in company.
of an incorporated tigation to be conducted on a
and other condi refer.
The salary, allowancesCentral Vigilance ence made by the Central government
tìons of serviceareof the wherein it is alleged that a public ser-
Commissioner similar to those of the vant being an employee of the Central
vigilance
Chairman of UPSC and that of the memn government or its authorities', has com-
commissioner are simnilar to those ofa to his mitted an offence under the Prevention
cannot be varied
ber of UPSC. But they appointment. of Corruption ACt, 1988.
disadvantage after his 2. To inquire or cause an inguiry o
investigation to be conducted into am
complaint against any official belone.
ORGANISATION ing to the below mentioned categor
of officials wherein it is alleged that he
own Secretariat, Chief has committed an offence under the
The CVC has its a
Technical Examiners' Wing (CTE) and wing Prevention of Corruption Act, 1988:
Inquiries (a) Members of all-India services* servine
of Commissioners for Departmental
(CDIs). in the Union and Group A' officers
a of the Central government; and
Secretariat: The Secretariat consists of (b) Specified level of officers the
of author
Secretary, Joint Secretaries, Deputy Secretaries, ities of the Central government.
Under Secretaries and office staff. 3. To exercise superintendence
over the
Police
Chief Technical Examiners' Wing: The Chief functioning of the Delhi Special
Technical Examniners' Organisation consti Establishment (CBI) insofar as it relates
under
tutes the technical wing of the CVC. It
con to the investigation of offences
Act, 198.
sists of Chief Engineers (designated
as Chief the Prevention of Corruption Special
to the Delhi
Technical Examiners) and supporting engi 4. To give directions
for super
neering staff. The main functions assigned Police Establishment (CBI) to the
to this organisation are as follows: intendence insofar as it relatesunder the
(i) Technical audit of construction works
investigation of offencesAct, 1985.
a Prevention of Corruption investigatios
of Government organisations from progress of
vigilance angle 5. To review the Special Polict
conducted by the Delhi
(ii) Investigation of specific cases of com Establishment into offences preie
alleged
plaints relating to construction works under the
have been committed 1988.
(iii) Extension of assistance to CBI in their tion of Corruption Act, applications
investigations involving technical mat 6. To review
the progress authorities
ters and for evaluation of properties in competent
pending with the prosecution under
the
Delhi for sanction of Act, 1988.
(iv) Tendering of advice / assistance to Prevention of Corruption
Central
gorert
matters
the CVC and Chief Vigilance Officers 7. To
tender advise to the on such
in vigilance cases involving technical ment and itsauthorities
matters as are referred to it by them.
<br>

Central Vigilance Commission

59.3
supcrintendence Over tlhe D/0 Personnel and Training are the
exercisc Members of the Sclection Committees.
8.
T
vigilance
administration in the minis-
goverment or its on wh0sC recommendation the Central
of the Central
tries Government appoints officers to the
authoritics,
undertakc or causc an ingjuiry inlo posts of the level of SP and above in the
9.
T roceivcd under the Public CBI Cxcept Dircctor of CBL.
complaints Protection
o

and 15. Thc Commission has becn empowered to

Itercst Disclosurc
Informcrs' Resolution and rCcommcnd conduct preliminary inquiry into com
appropriate action, plaints refcrred by Lokpal in respect of
Central Governnent is requircd to officers and officials of Groups A, B, C&
10. The rules and D, for which a Directorate of Inquiry for
consult the CVC in making
vigilance making preliminary inquiry is to be set
regulations governing the to the up in the Commission. The preliminary
and disciplinary matters relating
members of Central Services and
AlI| inquiry reports in such matters referred
B
by Lokpal in respect of Group A and
India Services.
11
The CentralI Vigilance
Commissioner officers are required to be sent to the
(CVC) is the Chairperson and the Lokpal by the Commission. Further,
two Vigilance Commissioners along as per mandate, the Commission is to
with Secretaries of M/o Home
Affairs. cause further investigation into such
D/o Personnel and Training and
the Lokpal references in respect of Group
are on further
D/o Revenue in M/o Finance
the Cand D officials and decide
Members of the Selection Committees, course of action against them.
on whose recommendation the Central
Government appoints the Director of
Enforcement. urther, this Committee, JURISDICTION
in consultation with the Director
of
to the
Enforcement, recommends officers for The jurisdiction of the CVC extends
appointments to the posts above the following:
1. Members ofAll India Services serving ìn
level of Deputy Director of Enforcement.
12. The Central Vigilance Commission
has connection with the aftairs of the Union
been notified as a specific authority
to and Group A officers of the Central
receive information relating to suspi
Government.
V and above
2. Officers of the rank of Scale
cious transactions under the Prevention
in the Public Sector Banks.
of Money Laundering Act, 2002.
3. Officers in Grade D and above in Reserve
The Lokpal and Lokayuktas Act (2013)
amended both the CVC Act (2003) and the
Bank of India, NABARD and SIDBI.
4. Chief Executives and ExeCutives
on the
DelhiSpecial Police Establishment Act (1946) of E-8
and above
Board and other officers
and made the following hanges with respect Sector
in Schedule A' and B' Public
to the functions of the CVC." Undertakings.
13. The Dircctor of Prosecution under the on the
5. Chief Executives and ExeCutives
Directorate of Prosecution in CBI shall Board and other otlicers of E-7 and above
Deappointed by the Central Government in Schedule 'C' and 'D' Public Sector
On the recommendation of the Central

. Vigilance Commission.
The Central Vigilance Commissioner
(CVC) is the Chairperson and the twO
6.
Undertakings.
Malagers and above in General lnsurance
Companies.
7. Senior Divisional Managers and above
Vigilance Com missioners alongwith
Secretaries of M/o Home Affairs and
in Life Insurance Corporation.
<br>

Indian Polity
59,4

8. Oficers drawing salary of R8700/- per (i) Collccting intelligence

on rupt practiccs of about
month (pre-revised) and above as organisation
the
cmployees Cor-
Central Government D,A., pattern, of
may be revised from time to time, in (ii) lnvesttigating
i verifiable
or reportcd to him allegations
socicties and local authoritics oWncd (iii) Proccssing investigation
Controlled by the Ccntral Government. ther consideration of thereports
for fur.
disciplinary
authority conccrned
WORKING (iv) Referring matters to
the Central
Commission for advice Vigilance.
The CVC conducts its proceedings at its necessary wherever
headquarters (New Delhi). It is vested with
the poTWer to regulate its own procedure. It
has all the powers of a civil court and its pro WHISTLE BLOWERS
ceedings have a judicial character. It may call PROTECTION ACT (2014)
for information or report from the Central
government Or its authorities so as to enable The salient features of the Whistle Blowe
to exercise general supervision over the Protection Act (2014)° are as follows":
vigilance and anti-corruption work in them. 1. The Act provides a
mechanism for pr.
The CVC, on receipt of the report of the tecting the identity of whistle blowers
inguir undertaken by any agency on a ref (a term given to people who expose
erence made by it, advises the Central gov
ernment or its authorities as to the further corruption). People who expose cor
course of action. The Central government or ruption in Government or irregulari
its authorities shall consider the advice of the ties by public functionaries can now
CVC and take appropriate action. However, be free of any fear of victimization.
2. The Act also provides for a system
where the Central government or any of its
authorities does not agree with the advice of encourage people to disclose informa
the CVC, it shall communicate the reasons (to tion about corruption or the wilful
be recorded in writing) to the CVC. misuse of power by public servants,
The CVC has to present annually to the including ministers.
President a report on its performance. The As per the Act, a person can make
a
3.
President places this report before each House public interest disclosure on corruption
1which
of Parliament. before a competent authority
Vigilance
is at present the Centralgovernment.
VIGILANCE UNITS IN Commission (CVC). The any othet
by notification, can appoint
THE MINISTRIES complaints
body also for receiving such
All ministries/departments in the Union about corruption. punishmeu
Government have a Chief Vigilance Officer 4. The Act, however, lays down and a fin=
(CVO) who heads the Vigilance Division of the of up to two years in prison
OT up to 30,000 for
false or frivolou
organisation concerned, assisting and advis
ing the Secretary or Head of Office in all mat complaints. every disclosur
ters pertaining to vigilance. He also provides a 5. The Act says that faith and
link between his organisation and the Central shall be made in good
disclosure sha
Vigilance Commission on the one hand and Person making the declaration stati
his organisation and the Central Bureau of provide
a
personal
Investigation on the other. Vigilance functions believes that
that he reasonably by hinn and
performed by the CVO include information disclosed
<br>

Central Vigilance Commission

595
allegation co tlhercin is substan- 7. However, n0
tially truc. a disclosure action shall be takem r
if it does not
Disclosures can be 1made inwriting or identity of the complainant indicte the
6.
111CSSage in accordance with
or public
by email servant or if "the identity
procedure as may be prescribed and of the crm
the plainant or public servant is
Contain full particulars and be accoM- incorrect."
foud to be
nanied by supporting documents. 8. The Act is not applicable
to the Sperial
other nmaterial. Protection Group.

NOTES AND
REFERENCES
1. The Committee on Prevention of Corruption with parliamentarian
K. Santhanam as the Chairman,
four other \IPs wo semior officers
as members, was appointed by the Government andof India in l 962
2. The Central Vigilance Commission Bill having been passed br both
the Houses of Parliament received the assent of he president on 1l
Septenmber 2003. It came on the statute Book as the Central Vigilance
Commission Act, 2003.
2a. Amnual Report 2015-16, Ministry of PersOnnel, Government of India,
p. 101.
3. The authorities of the Central government include a coporaion
cstablished by or under any Central act amd government cOmunE,
socicty and any local authority owned or controlled b the Cenal
gOvernment.
4. The All-ndia Services include Aduninistrative Sevice (lAS), Indian
ldian
'olice Service (|PS) and Indian Forest Service (ItS).
4a. Annnual Report 2015, Central Vigilance Commission, pp. -t.
5. Report on Ethics in Governance, January 2007, Second Administrative
Reforms Comnnission, Governnnent of lndia, p. l06. w 20l4.
6. Originally, the year of the Act was 2011. Later, it was changd
7. Tlhc
IndinENpress, "\vhistleblowers Protection gets P'sident's
Act no,
May 13, 2014.
<br>

GO
Central Bureauof
Investigation
ESTABLISHMENT OF CBI investigation and successful
prosecution of
of
Investigation (CBI) was offences; to provide leadership
The Central Burcau to police forces and to act as and direction
a
set up in 1963
by resolution of the Ministry the nodal agency
for enhancing inter-state
of Home Affairs. Later, it was transferred to and international
eMinistry of Personnel and now it enjovs COoperation in law enforcement
e status of an attached office'. The Special Vision: Based on its notto, mission
Palice Establishment (which looked into vigj need to develop professionalism, and the
ency, adaptability to transpar
lance cases) setup in 1941 was also merged change and use of science
with the CBI. and technology in its working, the CBI
The establishment of the CBI was recom focus on uill
mended by the Santhanam Committee on 1. Combating corruption in public
Prevention of Corruption (1962-1964). The CBI life,
curbing economic and violent crimes
is not a statutory body. through meticulous investigation
It derives its powers
from the Delhi Special Police prosecution
and
Establishment
Act, 1946. 2. Evolving effective systems
The CBI is the main and proce
dures for successful investigation
investigating agency and
of the Central prosecution of cases in various law courts
Government. It plays an impor
tant role in the prevention 3. Helping fight cyber and high technology
of corruption and
maintaining integrity in administration. crime
It also provides
assistance to the Central 4. Creating a healthy work
environment
Vigilance Commission
and Lokpal. that encourages team-building, free com
There is a difference munication and mutual trust
between the nature
of cases investigated 5. Supporting state police organisations
by the National
Investigation Agency (NIA) and law enforcement agencies in
NIA has been
and the CBI. The
constituted after the Mumbai national and international cooperation,
terror attack particularly relating to enquiries and
in 2008 mainly for investiga
tion of incidents
of terrorist attacks,
funding investigation of cases
Of
terrorism and other terror 6. Playing a lead role in the war against
Whereas the CBI related crime,
investigates crime of cor national and transnational organised
Tuption, economic offences and serious crime
Organized crime other than terrorism. and 7. Upholding human rights, protecting the
environment, arts, antiques and heritage
MOTTO, MISSION of our civilisation
OF CBI AND VISION
8. Developing a scientific temper, humanism
Motto:
and the spirit of inquiry and reform
Industry, 9. Sriving for excellence and professional
Mission: Impartiality and Integrity ism in all spheres of functioning so that
To
India uphold the Constitution of the organisation rises to high levels of
and law of
the land through in-depth endeavor and achievement.
<br>

60.2 Indian Polity

1. Thc Central Government

ORGANISATION OF CBI the Dircctor of CBI shall
On the appoin
Originally (1963), thc CBl was sct u) with the datiom of a
threc-member reCOMmen-
followig six diisions: consisting of the Prime Coommitee
() Inestigation and Anti-Couption Division Chairpcrson, the Lcadcr Ministet
as
of Opposition
(Delhi Special Police Establisment) inthe Lok Sabha and
(ii) Technical Division
ofIndia or Judgc of thethc Chicf Justice
nominatcd by him. Supreme
(1ii) Crime Records and Statistics Division Court
2. Therc shall be a Directorate
(i) Research Division
() Legal and General Division tion hcaded by a Dircctor of proseCu-
-for
the prosecution of cases underconducting
(vi) Administration Division
At prcscnt (2019), thc CBI has thc following and Lokayuktas Act, 2013. theLokpal
scven divisions: of Prosecution The Director
shall be an officer
1. Anti-Corruption Division Ihelow the
rank of Joint Secretary to not
2. Economic Offences Division Government of India. th.
1under the He shall function
3. Special Crimes Division overall
4. PolicT and Coordination Division trol of the Directorsupervision and com.
of CBI. He shall be
appointed by the Central
5. Administration Dirision
6. Directorate of Prosecution on the recommendation Government
7. Central Forensic Science Laboratory Vigilance Commission. He of the Central
shall hold
office for a period of two years.
3. The Central
COMPOSITION OF CBI Government shall appoint
officers of the rank of SP and above in the
CBI on the recommendation
The CBI is headed bv a Director. He is assisted of a commit.
by a special director or an additional director. tee consisting of the Central Vigilance
Additionally, it has a number of joint direc Commissioner as Chairperson, the
tors, deputy inspector generals, superinten Vigilance Commissioners, the Secretary
dents of police and all other usual ranks of of the Home Ministry and the Secretary
police personnel. In total, it has about 5000 of the Department of Personnel.
staff members, about 125 forensic scientists Later, the Delhi Special Police Establishment
andabout 250 law officers. (Amendment)Act, 2014 made a change in the
The Director of CBI as Inspector-General Composition of the committee related to the
of Police, Delhi Special Police Establishment, appointment of the Director of C.B.I. It states
is responsible for the administration of the that where there is no recognized leader or
organisation. With the enactment of CVC opposition in the Lok Sabha, then the leader of
Act, 2003, the superintendence of Delhi the single largest opposition party in the Lok
Special Police Establishment vests
with the Sabha would be a member of that comnnittee.
Central Government save investigations of
offences under the Prevention of Corruption
Act, 1988, in which, the superintendence FUNCTIONS OF CBI
vests with the Central Vigilance Commission.
The functions of CBIare: brib
The Director of CBI has been providcd secu (i) Investigating Cases of corruption,
rity of two-year tenure in office by gover
Act, 2003.
the CVC ery and misConduct of Central
The Lokpal and Lokayuktas Act (2013) ment employees. infringe
(ii) Investigating cases relating to that
amended the Delhi Special Police Establishment ment of fiscal and CCOnomic laws,export
Act (1946) and made the following changes is, breach of laws concernning central
with respect to the composition of the CBI: and import control, CUstoms and
<br>

Central Bureau of Ivestigotion

603

tax, foreign cxchange regu probe against senior hureaucrats in cT rUn

income are tion cascs under the Prevention of CorTuption
HowCVCr, such cascs
excise,
Iations and so on.
up cither in consultation with or at Act.'
taken A
Constitution Bench held that Section 6A
department concerncd.
the request of the of the Delhi Special Police Establishment Art
Investigating serious crimes, having which granted protection to joint secretary
(iii)
national and
international ramifica
gangs of and above officers from facing even a prelimi
tions, committed by organised nary inquiry by the CBI in corruption cases,
professional crininals. was violative of Article 14.
Coordinating the activities the anti-
of
(i) corruption agencies and the various Welcoming the court order, CBI Director
will
said: "It is a landmark judgment that
state police forces gov empower the agency in the investigations
request of a state
(r) Taking up, on the
ernment, any Case of public importance into several cases pending due to the provi
sion that has now been struck down by the
for investigation. dis Constitution Bench. We had for long been of
statistics and
(ri) Maintaining crime information.
criminal
seminating the view that ingquiry against senior officials
The CBI is a multidisciplinary
investiga need not require any prior permission."
tion agencv of the Government
of India Writing the judgment, the CJI said,
and undertakes investigation of
corruption "Corruption is an enemy of [the] nation
related cases, economic offences and
cases and tracking down a corrupt public servant,
of conventional crime. It normally confines howsoever high he may be, and punishing
its activities inthe anti-corruption field
to Such person is a necessarv mandate under
a
offences committed by the employees of the the PC Act, 1988. The status or position of
person
Central Government and Union
Territories public servant does not qualify the
and their public sector undertakings. It
takes from exemption from equal treatment. The
up investigation of conventional crimes like decision-making power does not segregate
are
murder, kidnapping, rape etc.,
on reference corrupt officers into two classes as thev
from the state governments or when directed
common crime doers and have to be tracked
by the Supreme Court/High Courts. down by the same process of inquiry and
The CBI acts as the "National Central investigation."
DSPE
Bureau" of Interpol in India. The Interpol The Bench said, "Section 6A of the
Act [granting protection to
one set of officers]
Wing of the CBI coordinates requests for
is directly destructive and
runs counter to
investigation-related activities originating
PC Act, 1988. It
from Indian law enforcement agencies and the object and reason of the
the member countries of the Interpol. also undermines the object of detecting and
can two
punishing high-level corruption. How
are allega
public servants against whom there
PROVISION OF PRIOR PERMISSION or or
tions of corruption or graft bribe taking 1988,
PC Act,
criminal misconduct under the
Ine CBI is required to obtain the prior because one
approval of the Central Government before be made to be treated differently
the other
conducting any inquiry or investigation into happens to be a junior officer and
dn offence committed by officers of the rank
a
senior decision maker"
wThe provision in Section 6A impedes
Or joint secretary and above in the Central
Government and its authorities. tracking down the corrupt senior bureaucrats
as without previous approval of the Central
However, on May 6, 2014, the Supreme even hold pre
Court held as Government, the CBI Cannot
invalid the legal provision
that makes for the liminary inquiry much less an investigation
prior sanction mandatory under
Central Bureau of Investigation to conduct a into the allegations. The protection
<br>

60.4 Indian Polity

Section 6A has propcnsity of shiclding the or statutory bodics

coTrupt," the Bench added. financcd by the CentralCstablished
Observing that there could not be any pro Government.
and
tection to corupt public servants, the Bench CBI ACADEMY
said, "The aim and object ot investigation is
ultimately to scanch for truth and any law that The CBL Academy
impedes that object may ot stand the test of is located
Article 14. Breach of rule of law, in our opin
Uttar Pradesh s
and started functioning at Ghaziabad.
Earlier, training programmes
ion, amounts to negation of cquality under ducted at the CBITraining were in
199%,
beingcon-
Article 14. Section 6-A fails in the context of The vision of the Centre, New
these facets of Article 14." CBÍ Academy is Delhi.
lence in Training in the Fields p
Investigation, Prosecution of
Crime.
Functioning" and its missionand Vigilance
CBI VS. STATE POLICE is
human resources of CBI, state to trainthe
The role of the Special Police Establishment vigilance organisations to police and
become profes.
sional, industrious, impartial,
(a division of CBI) is supplementary to that of upright and
the state police forces. Along with state police dedicated to the service of the nation.
forces, the Special Police Establishment (SPE) The academy is the focal
point of training
activities within the organisation
enjors the concurrent powers of investigation and is rescon:
and prosecution for offences under the Dellhi sible for identification of suitable training
Police Establishment Act, 1946. However, to programmes, regulation of nominations of
avoid uplication and overlapping of cases trainees and preparation of the annual train
between these two agencies, the following ing calendar.
administrative arrangements have been made: Beside the CBI Academy at Ghaziabad,
(i) The SPE shall take up such cases which are there are three regional training centres
essentially and substantially concerned imparting training at regional levels at
with the Central Government's affairs or Kolkata, Mumbai and Chennai.
employees, even if they also involve cer There are two kinds of training courses
tain state government employees. which are being conducted in the CBI Academyp:
(ii) The state police force shall take up such (i) Short Term In-scrvice Courses: For
cases which are substantially officers of the CBI, state police, central
concerned
with the state government's affairs or para-military forces and central govert
employees, even if they also involve ment undertakings
certain Central Government employecs. (11) Long Term Basic Courses: For di)
(iii) The SPE shall also take up cases against recruited deputy superintendents
of pole
of CBI.
employees of public
undertakings Sub-inspectors and constables

NOTES AND
REFERENCES
Departmentof
1.
Thc CBI C0mes under the
the administrative control Personnel. of

of May 7
Personncl and Iraining (Dolr) of the Ministry crats: SC,"
2. The Hindu, "No sanction needed for CBI to probe bureauc
2014. Government of
3. Annual Report 2012, Central Burcau of Investigation,
India, pp. 92-93.
<br>

Lokpal and Lokayuktas

as the representative or spokesman of another

GLOBAL SCENARIO person. According to Donald C. Rowat,
states are characterised Ombudsman refers to "an officer appointed by
Vodern democratic the legislature to handle complaints against
a welfare
orientation. Hence, the govern-
br an important role in administrative and judicial action."
ment has come to plav a nation. The Swvedish mbudsman deals with
O

the socio-econdmic
development of foflowing
expansion of bureau the citizens' grievances in the
This has resulted in the administra
cracv and the multiplication of
matters: discretion, that
in turn increased
the (i) Abuse of administrativepower ánd authority
tire process, which enjoved is, misuse of official
administrative power and discretion is, inefficiency
different levels of the (i) Maladministration, that
br the civil servants at power and in achieving the targets
government. The abuse of this that is,
opens up scope (iii) Administrative corruption,
discretion bv civil servants demanding brihery for doimg thingsown
for harassmen,
malpractices, maladmin one's
a
situation (iv) Nepotism, that is supporting providing
istration and corruption. Such kith and kin in matters like
gives rise to citizens' grievances against employment
administration'. is, misbehaviour of
realisa (v) Discourtesy, that instance, use of abu
The success of democracv and the various kinds, for
tion of socio-economic development depends
sive language.
on the extent to which the citizens' griev is appointed by
The Swedish Ombudsmanof
ances are redressed. Therefore, the following
Parliament for a term four years. He
the Parliament on
institutional devices have been created in can be removed only by the
with the confidence in him. He
aifterent parts of the world to deal ground of its loss of
redressal of these grievances: report to the Parliament
submits his annual as Parliamentary
and hence, is also knownindependent of the
1. The Ombudsman System
2. The Administrative CQurts System
Ombudsman' But he is execu
3. The Procurator System (legislature) as well as the
cre Parliament
Ihe earliest democratic institution tive and judiciary.
ated in the worldfor the redressal of citizens' a constitutional author
of The Ombudsman ispowvers to supervise the
31evance is the Scandinavian institution
Ombudsnman, Donald C. Rowat, an interna ity and enjoys the regulations by the
calls it
a compliance of laws and see that they discharge
tionall authority on Ombudsman,
the
"uniguely Appropriate institution for dealing
public officials, and words, he
duties properly. In other
their over all public officials-civil,
with
the average citizens' complaints about keeps a watch
unfair administrative that they function
actions. was first judicial and military-so legally, that is, in
The
intitution of Ombudsman a impartially, objectively and However, he has no
created
Sweden in 1809. Ombud is accordance with the law.
Swedish i person 1
who acts
term and refers to a
<br>

Indian Aolty

or quash a desion and has "bulkwork of democratic

no
r to
vee
controi or administration
or the goremment:
the tyranny of oftficialdom,
ìnt Caiden described the Ombudsman while
0Ourts Gerald
can act either on the tutionalisedpublic conscience as
The Ombudsman
basts of a omplaint oeid
fhom the citi Another unique institutional "is
Ten gainst umtair administrative
action or ated for the rcdressal of derice
can citizens'
SRO mOto (ie on his own initiatie). He against administrative authorities, grierant
pnsute any ering ofticial cannot including the French system of Administrative is
judges Honmet he himself intlict Due to its suCCess
in France, Cour
any punishment. He only rorts the matter gradually spread to many the system
other Europeanba
to the higher authorits for takig the neces and African countries like Belgium,
sarr mcti tion. and Turker. Greete

In sum, the characteristics of the Swedish The socialist countries like

the former
instjfution of Ombudsman ar as tollows: USSR ( now Russia), China,
Poland, Hungary
H

() lndependence of action from the Czechoslovakia and Romania have

utie ated their own institutional device for
i) mpartial and objective investigation of redressal of citizens' grievances.
It is car:
complaints Procurator System' in these countries k
()Suo rotopower to start investigations should be noted here that the office of tha
(Y Uninterrupted access to all the files of Procurator-General is still functionine
aministration Russia. He is appointed for a tenure of seeni
Right to report to the Parliament as years.
opposed tothe erecutive; the institution
of ombudsman is based on the doc
POSITON IN INDIA
rine of administrative accountability
to legislature. The existing legal and institutional fram
i) wide publicitr given to its working
in TWOrk to check corruption and redress
press and other media citizens' grievances in India consists of the
(r) Direct, simple, informal, cheap and following:
speedy mehod of handling complaints 1. Public Servants (Enquiries) Act, l830
From Sweden, the instiution of Ombudsman 2. Indian Penal Code, 1860
spread to other Scandinavian countries– 3. SpecialPolice Establishment, 1941
Finland (1919), Denmark (1935) and Norway 4. Delhi Police Establishment Act, 1946
(1962). New Zealand is the first Comm 5. Prevention of Corruption Act, 198S
onwealth country in the world to have 6. Commissions of Inguiry Act, 190
adopted the Ombudsman system in the form (against political leaders and eminert
of a Parliamentary Commissioner for Inves public men) Rules
tigation in 1962. The United Kingdom adopted AH-India Services (Conduct)
Ombudsman-like institution called Parlia 1968
Ku

mentary Commissioner for Administration

8. Central Civil Services (Conduct)
1964
in 1967. Since then, more than 40 counties Rules

of the world have adopted Ombudsman-like

9.
Railway Services (Conduct)
1966 ministries
institutions with different nomenclature 10. Vigilance organisations in subordinate
and functions. The Ombudsman in India is
called Lokpal/Lokayukta. Donald. C. Rowat departnents, attached and
says that the institution of Ombudsman is a offices and public undertakings 1963
11. Central Bureau Investigation;
of
<br>

Lokpal ond Lokayuktos

64.3

1964 of Lok Sabha and the Chairman of the Rajya

Vigilance Commission,
Central Commissions, 1964 Sabha.
12. Vigilance "The ARC also recommended that the insti
13
State
corruptio burcaus in stales
Anti (Ombudsman) at the Cenre tutions Lokpal and lokayukta should have
of
14.
Lokpal the following features:
15.
Lokayukta (Ombudsn) in states I. They should he: demonstrativeiy inde.
16. VigilanceBoard
Divisional pcndent and impartial.
17.
Vigilance OMicer Redressal 2. "Their inyestigations and proceedings
District
18.
National Consumer Disputes should be conducted in privaEE and
10
Commission should bc informal in character.
Commission for sCs far as
3. Thcir appointment should be.as
0. National
National
Commission for sTs possible, non-political.
21.
High Courts in states compare with the
and
22. Suprcme Court Tribunals (quasi-judicial 4. Their status should
23 Administrative highest judicial functionaries in the
bodics) the country.
Directorate of Public Gricvances in 5. They should deal with
matters in the
24 1988 acts of
Cabinet Secretariat, discretionary field involving,
25. Parliament and
its comnittces some injustice, corruption or favouritism.
programme in proccedings should not be subject
26. File to Field' innovative 6. Their
states like Kerala. In this goes to the to judicialinterterence.
scheme, the administrator grievances maximum latitude
7. They should have the
village/areaand hcars public obtaining information
action whercver and powers in
and takes immcdiate rclevant to their duties. any
possible. 8. They should not
look forward to
advantage fromn the
bencfit or pecuniary
LOKPAL Cxccutivc government.
accepted the
The Government of Inlia this regard. So
The Administrative
Reforms Commission recomnmendations of ARC in
recommended to
(ARC) of India (1966-1970) far, ten official
attempts have been made
the setting up of
two special authorities on this subject. Bills
lokayukta' for bring about legislation Parliament in the fol
designated as 'Lokpal' and were introduced in the
the redressal of cizens
grievances"SThesc
up on the pat lowing years: Government
institutions werc to bc set 1. In May 1968, by
the Congress
Ombudsmnan in Gandhi.
tern of the institution of headed by Indira Copgress
Scandinavian countries and the parliamcn 2. In April
1971, again by the
in New Indira Gandhi.
tary commissioner for investigation Government headed by
com Janata Government
Zealand. The Loknal would deal with 3. July 1977, by the
In
sCcretariCs at Desai.
plaints against ministers and headed by Morarji Congress
lokayukta by the
Central and state levels, and the 4. In August
I985,
Rajiv Gandhi.
(one at the Centre and
one in cvery state) Governmenthecaded by National Front
1989, by the
wOuld decal with Complaints against other In December
5. V.P Singh.
Specified higher officials. The ARC kept Governmont headed by Front
of Lokpal 1996, by the United
he judiciary outside the purview 6. In September Deve Gowda.
and lokayukta as in New Zealand. But,
in
Governmcnt hecaded by
purvicw BJP-led coalition
Sweden
the judiciary is within the August 1998, by the A.B. Vajpayee.
of Ombudsman.
7. InGovernment hcaded by
would be NDA gOvernment
According to ARC, the Lokpal 8. In August 2001, by the
the consultation A.B. Vajpayce.
appointed by
the president after headed by
with Speaker
thc chief justice of India, the
<br>

Indian Polity
61.4
governnent of
rccommendations
9. In August 2011, by the UPA of
of the first
headed by Manmohan Singh.
members the selection
Committec, four
govern 5. A Scarch Committec will
10. In December 2011, by the UPA
Selection Committce in assist
ment hcaded by Manmohan Singh. dlis (he
selcction. 50%gf the members proCess
to the
The first four bills lapsed due onc Scarch Comtttce shall
of

solution of Lok Sabha, while the fifth

of
also
was withdrawn by the government. The sixth
amongst the SCs, the STs, be from
dis minoritics and womcn. the ORCS,
and seventh bills also lapscd dueLok thc
to
Sabha. 6. The Prime Minister has
solution of thc 1lth and 12th hecn brOyght
to under thc purvicw of
Again, the cighth bill (2001) lapscd duc the Lokpal
2004. subjcct matter exclusions with
the dissolution of the 13" Lok Sabha in and
proccSs for handling complaints specific.
The ninth bill (2011) was withdrawn by thc against
government. the Prime Minister.
7. Lokpal's juÁsdiction will cover all
categoriesof
public servants,
LOKPAL AND LOKAYUKTAS ing Group
includ-
A, Groupt, Group C. and
ACT (2013) Group D
officers and employees
Government. On complaints referredf
Features to the CVC by the Lokpal, the CVC will
The salient features of the Lokpal and send its report of preliminary enquiry
Lokayuktas Act (2013) are as follows. in respect of Group A and Group B

1, It seeks to establish the institution of the Officers back to the Lokpal for further
Lokpal at the Centre and the Lokayukta decision. With respect to categories of
at the level of the State and thus seeks employees from Group and Group D, C

to provide a uniform vigilance and the CVC will proceed further in exercise
map for
anti-corruption road the nation of its own powers under the CVC Act
both at the Centre and at the States. subject to reporting and review by the
The jurisdiction of Lokpal includes the Lokpal.
Prime Minister, Ministers, Members 8. The Lokpal have the power of
will
of Parliament and Groups A, B, and C
superintendence and direction over any
D officers and officials of the Central investigating agency, incudingthe CBI,
Government. for cases referred to them by the Lokpal.
2.. The Lokpal to consist of a Chairperson 9. A High-Powered Committee chaired by
with a maximum of 8 members of which the Prime Minister will recommend the
50% shall be judicial members.
selection of the Director of CBI.
3. 50% of the members of the Lokpal shall 10. It incorporates provisions for attach
come from amongst the SCs, the STs, the
ment and confiscation of property
0t

OBCs, minorities and women. corruy

4. The selection of the Chairperson public servants acquired by s
and means, cven while the prosecution
the members of Lokpal shall be through
a Selection Committee pending. P
consisting of the For
Prime Minister, the Speaker of the Lok II. TIt lays down clear timelines. months

Sabha, the Leader of the Opposition liminary enquiry, it is threeFor inves

in the Lok Sabha, the Chief Justice of extendable by three months. which
maybe

India ora sitting Supreme Court Judge tigation, it is six months a time. For
one
nominated by the Chief Justice of India Cxtended by six monthsextendhbte by
courts
and an eminent jurist to be nominated trial, it is one year special
by the President of year and to achieve this,
India on the basis to be set up.
<br>

Lokpal and Lokayuktas

61.5

maximum punishment within a period of 365 days from the

enhances of Corruption Act date of commencement of this Act.
It Prevention
under the years to ten years, The mini- Thus, the Act provides frccdom to the
12.

seven
from punishment under scctions 7,
9 8,
states to decide upon the contours of the
mum
Prevention of Corruption Lokayukta mechanism in their respec
and 12 of the yCars, and the tive statcs.
n0w bc thrce
sct will under section
minimum punishment now
(punishment for attempt) will Drawbacks
15
be two Vears,
are financed fully The following arce the drawbacks (shortcom
Institutions which
are under the ings) of the Lokpal and Lokayuktas Act,
or partly by Government institutions
13.
20134,
iurisdiction of Lokpal, but 1. Lokpal cannot suo motu proceed against
are excluded.
aided by Government any public servant.
protection for hon
H
It provides adequate 2. Emphasis on form of complaint rather
est and upright
public servants.
power to grant than substance.
Lokpal conferred with
of public ser Heavy punishment for false and frivo
15
3.
sanction for prosecutioT
Government or lous complaints against public servants
rants in place of the
may deter complaints being filed to
competent authority.
16. It contains a number of
provisions aimed Lokpal.
as:
strengthening the CBI such 4. Anonymous complaints not allowed
at
of Pro a
complaint on plain
(i) setting up of Directorate Can't just make
a
secution headed by
a Director of paper and drop it in a box with support
con
Prosecution under the overall ing documents.
trol of the Director of CBI; 5. Legal assistance to public servant against
(ii) appointment of the Director of
Pro whom complaint is filed.
secution on the recommendation of 6. Limitation period of 7 years to file
the CVC; complaints.
(iii) maintenance of panel of advocates Very non-transparent procedure for deal
a
7.
by CBI other than Government ing with complaints against the
PMI.

advocates with the consent of the

Lokpal for handling Lokpal-referred
cases; LOKAYUKTAS
(iv) transfer officers of CBI investigat
of

Even much before the enactment of

the
ing cases referred by Lokpal with many
the approval of Lokpal; Lokpaland Lokayuktas Act (2013) itself,
() provision of adequate funds to CBI states had alreadý ser up the institution of
tor investigating cases referred by Lokayuktas.
Lokpal. It must be noted here that the
institution of
Maharashtra
17. entities receiving donations from
All lokayukta was established firt in
foreign source in the Context of the passed the Act
in 1971. Although Odisha had
Foreign Contribution Regulation Act
in this regard in 1970, it
ame into force only
(rCRA) in excess of 10 lakhs per year
are brought under the jurisdiction of in 1983.
states and l Union Territory
Till 2013, 21
Lokpal. institution of
contains a mandate for setting up
(Delhi) have established the
regard are men
ot the institution of Lokayukta Lokyuktas. The details in this
through
thactment of a law by the State Legislature tioned below in Table 61.1.
<br>

Indian Polity
61.6
States states like Punjab and Orissa
6l.1 Estoblishment of Lokayukta in that have
ignated officials as Lokpal. This
Table
(Chronological Order) not suggested by the ARG patterndey
Created In in the states.
ag

S. No. States/Us (enacted in) Appointment

1970 The lokayukta and upalokayukta
Odisha areappointe
Maharashtra
1971 by the govcrnor of the state. While
2 appointing
Rajasthan
1973 the governor in most of the states
3. (a) the chicf justiee- of the- state- Consult
and (b) the lcader of Opposition ighcout,
1974
4
Bihar
Uttar Pradesh 1975e legislative assembly".
in
the state
1981
6 Madhya Pradesh Qualifications
Andhra Pradesh as1983 Judicial qualifications are prescribed
Himachal Pradesh 1983
8 the lokayukta in the States of Uttar Pradesh,
Karnataka 1985 Himachal Pradesh, Andhra Pradesh. Cr
Orissa, Karnataka and Assam. But nospecific
Assam 1985
10. qualifications are prescribed in the states o#
1986
11. Gujarat Bihar, Maharashtra and Rajasthan.
12. Punjab 1995

13. Delhi 1995

Tenure
14 Kerala 1999 In most of the states, the term of office fived
for lokayukta is of years duration or 65
5

15. Jharkhand 2001 years of age, whichever is earlier. He Lot is

16 Chattisgarth 2002 eligibie for reappointment for a second term

17. Haryana 2002
Jurisdiction
18. Utarakhand 2002
2002
There is no uniformity regarding the juris
Jammu and Kashmirb
19. diction of lokayukta in all the states. The
20 West Bengal 2003 following points can be noted in this regartthe

21. Tripura 2008

(a) The chief minister is included withinstates
jurisdiction of lokayukta in thePradesh,
22. Goa 2011 of Himachal Pradesh, Andhra while he
Madhya Pradesh and Gtjarat, of
purview lok
The various aspects of the institution of is excluded from the
lokayukta are: Maharashtra, Utar
yukta in the states of Orissa.
P'radesh, Rajasthan, Bihar and
servants ar
Structural Variations (b) Miisters and higher civil of lokayukta u
included in the purviewMaharashtra h
The. structure of the lokayukta is not same almost all the states. ministers and ciil
in all the states. Some States like Rajasthan, also icluded former
Karnataka, Andhra Pradesh and Maharashtra seryánts. inchded
have created the lokayukta as well as upalo (Q
a
Mémbers of state legislatures thheStates
kayukta, while some others like Bihar, Uttar 1n the purview of lokayukta
in Pradesh,
Pradesh and Himachal Pradesh have created Himachal
of Andhra Pradesh, Assam.
only the lokayukta, There are still other Gujarat, Uttar Pradesh and
<br>

Lokpal and Lokayuktas

61.7
The the local bodies,
authoritics of Andhra I'radesh,
(d) NODorations, COMpaiCs ad societies Rajasthan and Gujarat,
job of lokayuktas is the
confincd
included in the jurisdiction of the allegations (corruption) to investigating
ot the states.
lok.iVukta in most (maladministration). and not grievances

Investigations Other Features

can ini- 1.The lokayukta presents, annually, to
most ofthe stutes, the lokalyukta the governor of the state a consolidated
investigations cither on the basis
a
In of

tiate report on his performance The governor

complaint rceived trom theor
citizen against
administrative action šuo mto. But places this report along with an explana
unfair tory memorandum becfore the state leg
does not enjov the pOWer
to
start inves-
he OWn initiative (suo moto) islature. The lokavukta is responsible to
tigations on his Himachal the state legislature.
in the States ot Uttar Pradesh, 2. He takes the help of the state investigat
Pradesh and Assam. ing agencies for conducting inquiries.
3. He can call for relevant files and doc
Scope of Cases
Covered uments from the state government
cases of 'griev departments.
The lokavukta can consider the 4. The recommendations made by the loka
as as allegations in the States of
ances' well Bihar vukta are only advisory and not binding
Maharashtra, Uttar Pradesh, Assam, on the state gOvernment.
Himachal Pradesh.
and Karnataka. But, in

NOTES AND
REFERENCES means a
ground of
Dictionary, grievance
1. According to the Chambers or WTOngful:
felt to be oppressive on
complaint; a condition submitted a special interim report
Morarji Desai
2. The ARC headed bv of
in 1966.
Citizens' Grievances'December 23, 2013.
Redressal
the Problems of Bureau, Goverument of lndia,2013, pp.l-9 to 1-ll.
3. Press Information to Lokpal and Lokayuktas Act as
Taxmann's Guide is known State Accountabilitv
3a. Kashmir, the institution
3b. In Jammu and Opposition in the state
legislative
(SAC).
Commission Pradesh, the leader of the Karnataka,
Andhra in this regard. ln
But, in consulted council, the
4.
is not requircd to be the state legislative
Opposition
assembly the Chairman
of of
on the other hand, assembly and the leader consulted on this
state legislative to be
Speaker of the council are als0 required
state legislative
in the
matter.
<br>

National Investigation
Agency

Over the past several years, India has

ESTABLISHMENT OF THENIA
1.
been the victim of large-scale terror
Investigation Agency (NIA)
wvas
ism sponsored from across the borders.
The National
of There have been innumerable incidents
onstituted in 2009 under the provisions
Act, 2008 of terrorist attacks, not only in the mil
the National Investigation Agency
central counter-terrorism itancy and insurgency affected areas
(NIA Act). It is the
agency in the country. and areas affected by left-wing extrem
las enforcement
The NLA was established in the backdrop ism, but also in the form of terrorist
of the 2008 Mumbai terror attacks, popularly attacks and bonb blasts, etc., in vari
national ous parts of the hinterland and major
known as the 26/11 incident. This
horror led to the realisation of the need
for cities, etc.
a separate federal agency to deal with terror
2. A large number of such incidents are

related crimes in the country. found to have complex inter-state and

The headquarters of the NIA is at New international linkages, and possible
Delhi. The branch offices of the NIA are connection with other actirities like
located at Hyderabad, Guwahati, Mumbai, the smuggling of arms and drugs, push
Lucknow, Kochi, Kolkata, Jammu and Raipur. ing in and circulation of fake Indian
In addition, the NIA has a separate special
currency, infiltration from across the
ised cell known as TFFC Cell dealing with borders, etc.
3. Keeping all these in view, it was felt
the subjects of fake currency notes and terror
funding. that there was a need for setting up of
The NIA is headed by a Director-General.
an agency at the central level for the
He is appointed by the central government. investigation of offences related to ter
His powers are similar to the powers exer rorism and certain other Acts, which
Cisable by a Director-General of Police in have national ramifications.
respect of the police force 4. Several expert committees and the Second
in a state.
The NIA works under the administrative Administrative Reforms Commission
Control of the Ministry have also made recommendations for
of Home Affairs,
Government of India. The state government establishing such an agency.
Cxtends all assistance 5. The Government, after due consideration
and co-operation to the
NIA for
investigation of the offences specl and examination of the issues involved,
fied under
the NIA Act. proposed to enact a legislation to make
provisions for establishment of an NIA
franmework,
in a concurrent jurisdiction up
RATIONALE OF with provisions for taking specitic
THE NIA investiga
While
cases under specific Acts for
introducing tion. These provisions are proposed
Parliament, the NIA Bill in the National
thefollowingthe Government of India gave to be incorporated in the
reasons for creating the NIA': Investigation Agency Bill, 2008.
<br>

62.2 Indian Polrty

FUNCTIONSOF THE NIA scientific. methods

of investigation
setting up such standards
The NIA is mandated to investigate and prose tlhat all cases
cute offences under the various Acts mentioncd entrusted astoensure ang
detected. tothe.
in the Schedule of the NIA Act. In pursuance 2. Ensuring cffective
of its mandate, the NIA collects, collates and 3. Devcloping andspeedy
into a thoroughly trial.
analyses counter-terrorism investigation. It sional, result-oriented
profes
also shares inputs with its sister intelligence upholding the Constitutionorganisation,
agencies and law enforcement units both at laws of the land, ofiIndia
giving priime and
central and state governments level. tance to the protection of impot.
In more detail, the functions assigned to human
anddignity of the individua). rights
the NIA are as follows': 4. Developing a professional
(a) To investigate and prosecute offences through regular training workforce
in respect of the Acts specified in the to the best and exposure
practices and procedures
Schedule of the NIA Act. 5. Displaying scientific temper
(b) To provide assistance to, and seek assis sive spirit while and progres
discharging the duties
tance from, other in telligence and assigned.
investigation agencies of the central 6. Inducting
modern methods and latest
government and state governments. technology in every sphere of activitis
(c) To take other such measures which mav of the agency.
be necessary for speedy and effective 7. Maintaining professional
and cordial
implemnentation of the provisions of the relations with the governments of states
NIA Act. and union territories and other law
enforcement agencies in compliance
with the legal provisions of the NLA A.
VISION OF THE NIA 8. Assisting all states and other investigat
ing agencies in investigation of terrot
The following points highlight the vision of
the NIA: ist cases.
9. Building a database on all terrorist
1. The NIA aims to be a thoroughly profes
sional investigative agency matching related information and sharing the
available database with the states and
the best international standards. other agencies.
2. The NIA aims to set the standards of excel relating
10. Studying and analysing laws
lence in counter-terrorism and other to terrorism in other countries
and
national security-related investigations regularly evaluating the adequacy
or

at the national level by developing into propoSiny

a highly trained, partnership-oriented existing laws in India and
necessary.
changes as and when
workforce. 11. Winning the confidence
ofthe citizes
3. The NIAaims at creating deterrence for selfless and fearles
existing and potential terrorist groups/ of India through
endeavours.
indivíduals.
4. The NIA aims to develop as a storehouse
of all terrorist-related JURISDICTION OF THE NIA
information. inves
to
jurisdiction affecting
The NIA has Concurrent offences
tigate and prosecute the and integrity
of
MISSION OF THE NIA
rrelations
the sovereignty, ofsecurity
state, friendly vari
The mission of the NIA is as follows: India, security under
offencesinternational
J. In-depth professional investigation of
with foreign states and
scheduled offences using the latest implement
Ous Acts enacted to
<br>

National Investigation Agency

62.3

agreements, conventions and rCs0- offence bcyond India against Indian

treaties, UNO, its agencies and other citizcns or affccting the interest of
of the
Jutions
international organisations. India.
NIA is cmpOWercd o
probe terror 2. It provided that thec officers of the NÍA
he bomb blasts, hijacking shall havc the similar pswers, duties,
attacks including. on nuclcar privics and liabilitics hcing cxcrcised
aircrafts and ships, attacks maSs by the policc officers in connection
of
installations and usc of wCapons of
with thec investigation of offentes, not
destruction. of NIA was only in India but alsooutside India.
In 2019, the jurisdiction the
3. It cmpowercd the central government,
extended Conscquently, the NIA is also
empowered to probe the offences relating with respcct to a scheduled offence
trafficking, counterfcit currency committed outside India, to direct the
to human or salc of pro- NIA to register the case and take up
notes, manufacturc
or bank
cyber-terrorism and explosive in vestigation as if such offence has
hibited arms,
taken place in India.
substances. 4. It provided that the central government
2019 and the state governments may desig
NIA(AMENDMENT) ACT, nate Sessions Courts as Special Courts
the for conducting the trial of offences
The various features or provisions of under the NIA Act.
amendment are as follows: 5. It inserted certain new offences in the
NIAAct
1. It applied the provisions of the
a scheduled Schedule of the NIAAct,
also to persons who comnmit

NOTES AND
REFERENCES
to the NIA Bill,
J. Bascd on the statemnent
of objects and reasons appended
2008.
Administrative Reforms Commission (Chairman: Veerappa
2. The second (2008).
Moily), 2005-09, in its report
entitlcd 'Combating Terrorism' 2008.
Investigation Agency (Manner of Constitution) Rules,
3. The National
Act, 2019.
4. Vidc the NIA (Amendment) appended to the NIA
of Objects and Reasons
5. Bascd on the Statement
(Amendment) Bill, 2019. (.Jurisdiction of the NLA).
thc above heading
6. See the last paragraph under
<br>

National Disaster
Management Authority
this rision:
The NDMA was esablished with
NDMA To builda safer and disaster
resilient India
ESTABLISHMENT OF THE technologr iriren
Iecognising br a holisic, pro-2ctire, stategr hat
The GoTernment of
india, management and sustainable derelopment fosters 2 cuiure
aisasterset up a High inrolres all sakeholders and
rhe importance of prerention, preparedness and miigzion.
sa naional prioris, had and a Narional of
PEred Committee aftEr in 1999 Gujarat earth
Commitee in 2001
the OBJECTIVES OF THE NDMA
recoImmendations on the
Guake to make management plans NDMA ane as follows:
Sreparaion of disasteI The objecires ofathe pre
suggest effecire miigation mechanisms. 1. To promote culure
of prerenion
lerels
and
Indian Ocean tsunami of paredness and resilience
at all
Howeve, after the defin innoration and
Government of India tooka coun through knowledge,
2004. the
of the
legislatie historTManagement education. measurs based
ing step in the encourage miigation
Disaster 1o wisdom and
TT bT enacting the
2.
on technolog, raditional
ACL 2005.
for the crearion of the environmental sustainabiliry.
managemnent into
The Ac provided
Management Authoritra 3. To mainsuueam disater
planning process.
National Disaster developmental
(NDMA) to spearhead
and implement the insitutional and techno
approach to disas 4. To establish enabling
to create ana compli
holistic and integrated countrr. Initiallv, frameworks
the legal environment and
ter management in in 2005 br an regulatory
the NDMA
was constituted
Govermment of India. ance regime. mechanism tor iden
LIecutive Order of the 2006 ensure efticient monitoring
Was notified in 5. To assessment and
DuDsequently, the NDMA tification,
Act“.
under the provisions of the chairperson and risks.
a of disaster contemporary torecasting
Ihe NDMA consists of exceeding nine.
The
6. To develop systems backed by
other members, not chairperson warning communication
and early and failsafe
ime Minister is the er-officio are nomi- responsive technology support.
members information
the
of NDMA. The other NDMA. The with response and relief
nated by the chairperson of the ensure efticient the
designates one approach towards
of
7. To
NDMA the
chairperson the vice-chairperson of the
wih a caring vulnerable sections
of
of
the members as the status of needs of the
NDMA. The vice-chairperson has the members oppor
other society. reconstruction as an struC
a
Cabinet Minister while the To undertake disaster resilient safer
have the status of a Minister of State.disaster 8.
to build ensuring
apex body for under
tunity habitat for
The. NDMA
is the country. tures and
Tmanagement in the It works Union living.
the administrative control of the
inistry of Home Affairs.
<br>

63.2 Indian Polity

9. To promotc a
productive and proactive ADDITIONALI
partnership with the mecdia for disaster FUNCTIONS
managemcnt. THE NDMA
OF
In addition to
the above,
forms the following
FUNCTIONS OFTHE NDMA the NDMA
1. It rccommends
functions.
The NDMA has the responsibility for laying guidelines
1mum standards for
of
down the policics, plans and guidelines for to perSons affected relief tobethe ini-
disaster management for ensuring tinmely 2. It recommends, by disaster.proided
and effective response to disaster. severe in cases of
magnitude, relief disasters
The functions of the NDMA are as follows: of loans or
1. To lar doWn policies on disaster grant of fresh in repay menth
cessional terms to loansoncon
management. by such disasters. the persons
affectej
2. To approve the National Plan. 3.exercises
It
3. To approve plans prepared by the the general
direction and controlsuperintendence,
Ministries or Departments of the Disaster Response
of
the National
Government of India in accordance with force has been Force (NDRF). Th.
the National Plan. pose of constituted for the mue
4. To lay down guidelines to specialist response to a threa:.
be followed ening disaster
4. It authorises situation disaster.
br the State Disaster Management or
Authorities (SDMAs)° drawing up
in the or authority tothe concerned department
State Plan. make the emergency
5. To lay down guidelines curement of provisions or materialsprfor
to be followed by rescue or relief any
the different Ministries or Departments in threatening disas
of the Governnent ter situation or disaster. In such case, the
pose of integratingof India for the pur
measures
standard procedure requiring inviting of
the for tenders is deemed to be waived.
prevention of disaster or
the mitigation
of its effects in their development 5. It prepares an annual report on its
and projects. plans activities and submits it to the central
6. To coordinate government. The central governmet
the enforcement and
implementation of the policy Causes it to be laid before both Houses
for disaster management. and plan of Parliament.
7. To recommend
provision
purpose of mitigation. of funds for the
8. To provide
STATE DISASTER MANAGEMENT
such support AUTHRITY
tries affected by majorto other coun
may be disasters as
determined by the Composition
government. central a State
9. To take other establish
such measures Every state government should (SDMA) 6r
vention of disaster, or for the pre Disaster Management Authority chairperson
the
preparedness and capacitymitigation, or a
the state. An SDMA COnsists of nine
The
dealing with the building for
threatening and other members, not exceeding ex-officio
situation or disaster as disaster the
Chief Minister of the state is chairperson ot
necessary. it may consider ex-officio
10. To lay chairperson of the SDMA. The
down the
broad policies and the State Executive Committee is member
lines for the functioning guide
member of the. SDMA. The other chait
of the by the
Institute of Disaster National the
Management". exceeding eight, are nominated
chairperson
of
person of the SDMA. The
<br>

Nationol Disaster Monogement Authority

633
one of the members as the (DDMA) for every
DDMA Consists district
designates in the state.
sDMA. Thechairperson A

chaiersOn of the as tlhe of a chairperson and

Executive Committce acts other members, not exCerding seven.
State The
the erecutie officer of the SDMA. Collector (or District Magistrate
r
eroticio chiet Commissioner) of the district is the Deputy
chairperson of the DDMA. Theexfficig
Functions elected
represcntative of the local authority is the
the responsibility for laving
SDNA has
Cx-officio co-chairperson of the DDI
An policies and plans for disaster man- in case of Tribal Areas (as Teferred t Bt in
donn state. Its functions include the Sixth Schedule to the Constitution of
ment in the
folložng: India), the chief executive member of the
the own the state disaster manage- district council of autonomous district is
1. T0 lay
ment polic. the ex-officio co-chairperson of the DDMA.
D the State Plan in accordance The chief executive officer of the DDMA, the
bT the
the guidelines laid down
2

ith superintendent of police and the chief medi

NDMA. cal officer of the districc are the ex-officio
3 To
approre the disaster management members of the DDMA. Not more than two
plans prepared by the departmnents of other district 1evel officers are appointed
the gorernment of the
state. br the state government as the members of
To lav down guidelines to be
followed
4 the DDMA. In case of a district where Zilla
br the departments of the government Parishad exists, the chairperson of that Zilla
of the state for the purposes of inte Parishad is the co-chairperson of the DDMA.
Sration of measures fOr prerention of The chief executive officer of the DDMA is
disasters and mitigation in their devel appointed by the state government.
opment plans and projects and provide
necessarr technical assistance thereof. Functions
5. To coordinate the implementation of the
State Plan.
The DDMA acts as the district planning,
coordinating and implementing body for
6. recommend provision of funds for
To
disaster management and takes all measures
mirigarion and preparedness measures. purposes
7. To reriew the development plans
for the of disaster management in
of the the district in accordance with the guidelines
different departments of the state and
ensure that prevention and mitigation laid down by the NDMA and the SDMA. Its
measures are integrated therein. functions are as follows:
1. To prepare a disaster management plan
6. To reriew the measures being
taken for including district response plan for the
mitigation, capacity building and pre
paredness by the departments of the
district.
¿rernment of the state and issue such
2. To coordinate and monitor the imple
Zuidelines as mav be necessary. mentation of the National Polics, State
Policy, National Plan, State Plan and
District Plan.
DISTRICT
DISASTER 3. To ensure that the areas in the district
MANAGEMENT
AUTHORITY vulnerable to disasters are identified
and measures for the prevention its
of
Composition of
disasters and the mitigation depart
Esery effects are undertaken by the
st2te the district
Disrict government should establish ments of the government atauthorities.
Disaster MManagement
Authority level as well as by the local
<br>

63.4 Indian Polity

4. To ensure that the guidelines for pre dissemination of

propcr
vention of disasters, mitigation of its the public. information
effects, preparedness and response mca 8. To advise,
assist
sures as laid down by the NDMA and activities of thc and co0rðinate,
departncnts
the SDMA are followed by all depart Crnmcnt at the district of the
ments of the govemment at the district bodies and \evel, heggt-
other governmental statutsmy
level anàthe local authorities in the govcrnmental organisations
trict engaged in and
district. disaster in the,on
5. To organise and coordinate spccialised 9. To identify
buildings manag:nent.
is
training programmes for different lev could, in the event and places
ot any which
els of ofticers, employees and voluntary ing disaster situation ihreater
or
rescue workers in the district. used as relief disastes,
Centres
6. To facilitate community training and makearrangements or Carnps andte
awareness programmes for prevention and sanitation for water
of disaster or mitigation with the sup in such buildings
supply
places.
G
port of local authorities, governmental 10. To perform such other
functions as
andnon-governmental organisations. state government or SDMA tre
7. To set up, maintain, review and upgrade to it or as may assiz
it deems necessary for
the mechanism for early warnings and ter management ditz.
in the District

NOTES AND
REFERENCES
1. Annual Report 2016-17, National Disaster Management
Authori
Government of India, p. 2.
2. Ibid.
3. The Act also provided for the establishment of the State Disaster
Management Authorities and the District Disaster Managemen:
Authorities.
4. The National Institute of Disaster Management is located at New Den.
5. The Disaster Management (Annual Report of National Authority) Rules
2006.