Non Constitutional Bodies

22 Jun, 2026 Samyak IAS

Non-Constitutional Bodies

Non-constitutional bodies are institutions that are not directly mentioned in the Constitution of India but are created through Acts of Parliament, state laws, or executive resolutions. These bodies are also referred to as statutory bodies or extra-constitutional bodies, depending on the manner of their creation. They perform important functions in governance by implementing specific policies, regulating different sectors, offering expert advice, ensuring accountability, and supporting administrative efficiency.

NITI Aayog: National Institution for Transforming India

NITI Aayog stands for National Institution for Transforming India. It was established on 1 January 2015 by an executive resolution of the Government of India, replacing the earlier Planning Commission. It functions as the premier policy think tank of the Government of India and provides strategic, technical and policy advice for national development.

Neither a constitutional body nor a statutory body. It was created by an executive resolution of the Government of India.

Research wings – In house sectoral expertise.
Consultancy wing – from private and public, national & International as per the requirement.
Team India wing – comprises of the representatives from every state and Ministry.

NITI Aayog was created to make planning more participatory, flexible and federal in nature. Unlike the Planning Commission, which followed a centralized planning model, NITI Aayog focuses on cooperative federalism, where the Union and State governments work together for development. It believes that strong states create a strong nation.

Composition of NITI Aayog

The Prime Minister of India is the Chairperson of NITI Aayog.
It has a Vice-Chairperson appointed by the Prime Minister.
It includes full-time members, part-time members and ex-officio members from important Union ministries.
Part time members: Maximum 2 from leading universities, research organisation etc.
Ex-officio members: 4 members of the Union CoM to be nominated by the PM.
The Chief Executive Officer manages day-to-day administration.
Its Governing Council includes the Chief Ministers of States and Lieutenant Governors/Administrators of Union Territories.
It may also include Regional Councils and special invitees for specific policy issues.

Objectives of NITI Aayog

To build a common vision of national development priorities, sectors and strategies with the active participation of states.
To promote cooperative federalism through structured interaction with state governments.
To develop planning mechanisms from the village level and integrate them with higher levels of governance.
To ensure that national security interests are considered in economic policy.
To encourage innovation, research, monitoring and evidence-based policy-making.

Functions of NITI Aayog

Policy formulation: It prepares long-term and strategic policy frameworks for the government.
Technical advice: It provides expert advice on economic, social and administrative issues.
Cooperative federalism: It works as a platform for Centre-State coordination.
Monitoring and evaluation: It reviews the implementation of government schemes and programmes.
Resource optimization: It advises on effective use of resources for development.
Innovation and reforms: It promotes new ideas, digital governance, entrepreneurship and sustainable development.

Importance of NITI Aayog

NITI Aayog plays an important role in transforming India’s development model from centralized planning to participatory governance. It supports policy-making through research, data analysis and consultation with states. It also helps the government in areas such as health, education, agriculture, infrastructure, digital economy, sustainable development and aspirational districts.

Thus, NITI Aayog is not just a planning body; it is a reform-oriented policy institution that works to make India’s governance more cooperative, innovative, inclusive and development-oriented.

National Human Rights Commission

The National Human Rights Commission is an independent statutory body established under the Protection of Human Rights Act, 1993. It was created to protect and promote human rights in India and to act as a national watchdog against human rights violations. The Commission derives all its powers from the Protection of Human Rights Act, 1993 and functions in accordance with the Paris Principles on Human Rights, endorsed by the United Nations. Its headquarters is located in New Delhi, and it comes under the administrative framework of the Ministry of Home Affairs, Government of India.

Objectives of NHRC

To investigate human rights violations independently and without government pressure.
To complement existing efforts for the protection and promotion of human rights.
To provide a grievance redressal mechanism for citizens, especially those who cannot afford expensive legal remedies.
To act as a moral authority by giving institutional visibility to human rights issues.
To recommend reforms in laws, policies and administrative practices to prevent future violations.
To spread awareness about human rights among all sections of society.
To promote research in the field of human rights.
To encourage NGOs and civil society organisations working for human rights protection.

Composition of NHRC

NHRC is a multi-member body.
It consists of full-time members along with ex-officio/deemed members from important national commissions.
The Chairperson must be a person who has been the Chief Justice of India or a Judge of the Supreme Court.
One member must be a serving or retired Judge of the Supreme Court.
One member must be a serving or retired Chief Justice of a High Court.
Three members must be persons having knowledge or practical experience in human rights, and at least one of them must be a woman.
Ex-officio/deemed members include the heads of commissions related to Scheduled Castes, Scheduled Tribes, Minorities, Women, Backward Classes, Child Rights and Persons with Disabilities.

Appointment of NHRC

The President of India appoints the Chairperson and members of NHRC.
The appointment is made on the recommendation of a six-member selection committee.
The selection committee is headed by the Prime Minister.
Other members of the committee include the Union Home Minister, Speaker of the Lok Sabha, Deputy Chairman of the Rajya Sabha, Leader of Opposition in the Lok Sabha and Leader of Opposition in the Rajya Sabha.
For the appointment of serving judges of the Supreme Court or High Courts, consultation with the Chief Justice of India is mandatory.

Tenure and Service Conditions

The Chairperson and members hold office for 3 years or until the age of 70 years, whichever is earlier.
The Protection of Human Rights (Amendment) Act, 2019 reduced the tenure from 5 years to 3 years.
Members are eligible for reappointment after completion of their term.
After completing their tenure, the Chairperson and members are not eligible for further employment under the Central Government or State Government.

Removal of NHRC Members

The President of India can remove the Chairperson or members of NHRC.
Grounds for removal include proven misbehaviour or incapacity, insolvency, conviction and imprisonment, paid employment outside official duties, or being of unsound mind.
In cases of misbehaviour or incapacity, the President must refer the matter to the Supreme Court for inquiry.
Removal can take place only after the Supreme Court confirms the charges and advises removal.
This procedure protects the independence of NHRC and prevents arbitrary removal

Important Points

NHRC functions as the watchdog of human rights in India.
It works at the national level and is supported by State Human Rights Commissions at the state level.
It has its own investigation staff and may also take assistance from government agencies.
Its role is mainly recommendatory, not punitive.
It strengthens constitutional values such as justice, liberty, equality and dignity.

Functions of NHRC

To inquire into complaints of human rights violations or negligence by public servants.
To visit jails, prisons, police stations and detention centres to examine living conditions and recommend reforms.
To review constitutional and legal safeguards for human rights protection.
To study treaties and international instruments related to human rights.

State Human Rights Commission

The State Human Rights Commission is a statutory body established under the Protection of Human Rights Act, 1993 at the state level. It works for the protection and promotion of human rights within a particular state. It investigates cases of human rights violations, reviews safeguards, spreads awareness and recommends corrective measures to the concerned State Government.

Objectives of SHRC

To strengthen institutional arrangements for addressing human rights issues at the state level.
To investigate allegations of human rights violations independently and ensure accountability.
To complement and strengthen existing efforts for the protection and promotion of human rights.
To provide a grievance redressal mechanism for citizens against human rights violations by public servants.
To promote awareness, research and civil society participation in the field of human rights.

Composition of SHRC

SHRC is a multi-member body.
It consists of a Chairperson and two members.
The Chairperson must be a retired Chief Justice of a High Court or a Judge of a High Court.
One member must be a serving or retired Judge of a High Court or a District Judge with at least seven years of experience.
One member must be a person having knowledge or practical experience in human rights.

Appointment of SHRC

The Chairperson and members of SHRC are appointed by the Governor of the State.
The appointment is made on the recommendation of a selection committee.
The selection committee consists of the Chief Minister as Chairperson, the Speaker of the Legislative Assembly, the Chairman of the Legislative Council where it exists, the Leader of Opposition in the Legislative Assembly, the Leader of Opposition in the Legislative Council where it exists, and the State Home Minister.

Functions of SHRC

To investigate cases of human rights violations or negligence in preventing such violations by public servants.
To take up cases suo motu, on petitions, or on court orders.
To intervene in court proceedings involving allegations of human rights violations, with court approval.
To visit prisons, jails and detention centres to examine the living conditions of inmates.
To encourage NGOs and civil society organisations working for human rights protection.
To perform any other function necessary for the promotion of human rights.
The functions of SHRC are mainly advisory and recommendatory.
It cannot directly punish human rights violators.
It cannot directly grant relief, including monetary compensation, like a court.

Tenure and Service Conditions

The Chairperson and members hold office for 3 years or until the age of 70 years, whichever is earlier.
They are eligible for reappointment.
After completing their tenure, they are not eligible for further employment under the Central Government or State Government.
Their salaries, allowances and service conditions are decided by the State Government.
These service conditions cannot be changed to their disadvantage after appointment.

Jurisdiction of SHRC

SHRC can inquire into human rights violations related only to subjects mentioned in the State List and Concurrent List of the Seventh Schedule.
If a matter is already under inquiry by the NHRC or any other statutory commission, the SHRC cannot take up that case.
The Central Government may confer upon SHRC functions relating to human rights in Union Territories, except the Union Territory of Delhi, whose human rights matters are handled by NHRC.

Resignation and Removal

The Chairperson or members of SHRC submit their resignation to the Governor.
Although appointment is made by the Governor, removal is done only by the President of India.
Grounds for removal include insolvency, paid employment outside official duties, infirmity of mind or body, unsound mind declared by a competent court, conviction and sentence of imprisonment, proven misbehaviour or incapacity.
In cases of proven misbehaviour or incapacity, the President refers the matter to the Supreme Court for inquiry.
If the Supreme Court upholds the charge and advises removal, the President may remove the Chairperson or member.

Central Bureau of Investigation

Aspect	Details
Meaning and Nature	The Central Bureau of Investigation is India’s premier investigative agency dealing with corruption, economic offences and serious crimes. It is neither a constitutional nor a statutory body and derives its powers mainly from the Delhi Special Police Establishment Act, 1946. It acts as the “National Central Bureau” of Interpol in India.
Administrative Control	It functions under the Ministry of Personnel, Public Grievances and Pensions.
Origin and Formation	Its origin lies in the Special Police Establishment, 1941, created during World War II to investigate bribery and corruption. The CBI was formally established in 1963 through a Ministry of Home Affairs resolution on the recommendation of the Santhanam Committee.
Organisation	Headed by a Director and assisted by a special director or an additional director. The CBI is headed by a Director, usually an IPS officer of DGP rank. It has specialised divisions such as the Anti-Corruption Branch, Economic Offences Wing and Special Crimes Unit. CBI director can be removed on the grounds of misbehavior only by an order from the President after an inquiry.
Appointment of Director	The Director is appointed by the Appointments Committee of the Cabinet on the recommendation of a committee consisting of the Prime Minister, Leader of Opposition / leader of the largest opposition party in Lok Sabha, and Chief Justice of India or his nominee.
Tenure of Director	The Director has a fixed tenure of 2 years, extendable up to 5 years under the DSPE Amendment Act, 2021, with extensions granted one year at a time.
Functions	The CBI investigates corruption involving Central Government employees, economic offences, financial frauds, serious crimes like murder, kidnapping and organised crime, and cases of national or international importance referred by State Governments or ordered by courts.
Jurisdiction of the Central Bureau of Investigation	The Central Government may extend the jurisdiction of the CBI to any area, including railway areas, in a State with the consent of the concerned State Government. Constitutional courts can entrust cases to the CBI even without State consent by exercising their inherent powers. Withdrawal of consent by a State operates prospectively, not retrospectively.
CBI and State Police	CBI mainly deals with cases concerning the Central Government, Central employees, PSUs and national-level matters, while State Police usually handle state-level offences and state government employees.
General Consent Principle	Under Section 6 of the DSPE Act, CBI needs State Government consent to investigate within a state. If general consent is withdrawn, CBI must seek case-wise specific consent; however, the Supreme Court and High Courts can order CBI investigation without state consent.
Landmark Cases	Major cases investigated by CBI include the Bofors Scandal, 2G Spectrum Scam and Satyam Scam.
Reforms	The CVC Act, 2003 secured fixed tenure; the Lokpal and Lokayuktas Act, 2013 amended the appointment process; the DSPE Amendment Acts, 2014 and 2021 modified selection and tenure provisions.
Challenges	The CBI faces allegations of political interference, misuse by the Central Government, shortage of manpower and resources, limited transparency due to RTI exemption, and concerns over post-retirement postings.
Miscellaneous	The CBI acts as a nodal agency for inter-state and international law enforcement cooperation and plays a major role in corruption, economic fraud, organised crime and cases of public importance. Salaries and allowances decided by Central Government. Submits an annual report to Central Government. It provides assistance to the Central Vigilance Commission and Lokpal.

Central Vigilance Commission and Central Information Commission

Basis	Central Vigilance Commission	Central Information Commission
Meaning and Nature	The Central Vigilance Commission is the apex vigilance institution of India. It works as the main agency for preventing corruption in Central Government organisations. It is a statutory body, but originally it was created through an executive resolution.	The Central Information Commission is a statutory body established under the Right to Information Act, 2005. It ensures transparency and accountability by protecting the citizen’s right to access information from public authorities.
Establishment and Status	It was established in 1964 by an executive resolution of the Central Government on the recommendation of the Santhanam Committee on Prevention of Corruption, 1962–64. Initially, it was neither constitutional nor statutory, but later it received statutory status through the Central Vigilance Commission Act, 2003.	It was established under the Right to Information Act, 2005. From the beginning, it has been a statutory body created to implement the RTI framework at the level of the Central Government and Union Territories.
Headquarters	Its headquarters is located in New Delhi.	Its headquarters is located in New Delhi.
Mandate and Purpose	It monitors all vigilance activities under the Central Government and advises various Central Government organisations in planning, executing, reviewing and reforming their vigilance work. Its main purpose is to prevent corruption and strengthen integrity in administration.	It supervises the implementation of the RTI Act in Central Government organisations and Union Territories. It deals with complaints and second appeals related to denial of information, delay in providing information or violation of RTI provisions.
Composition	It is a multi-member body consisting of one Central Vigilance Commissioner as Chairperson and not more than two Vigilance Commissioners.	It consists of one Chief Information Commissioner and not more than ten Information Commissioners.
Appointment	The Central Vigilance Commissioner and Vigilance Commissioners are appointed by the President of India by warrant under his/her hand and seal. The appointment is made on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Union Home Minister and the Leader of Opposition in the Lok Sabha.	The Chief Information Commissioner and Information Commissioners are appointed by the President of India on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.
Qualification and Restrictions	The given content does not prescribe specific qualifications, but the Commission is expected to function as a high-level vigilance institution dealing with integrity, anti-corruption and administrative vigilance.	The Chief Information Commissioner and Information Commissioners must be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media, administration and governance. They must not be Members of Parliament or State/UT Legislature, must not hold any office of profit, must not be connected with any political party, and must not carry on any business or profession.
Tenure and Reappointment	The Central Vigilance Commissioner and Vigilance Commissioners hold office for four years or until the age of 65 years, whichever is earlier. After completion of tenure, they are not eligible for further employment under the Central or State Government.	The Chief Information Commissioner and Information Commissioners hold office for such term as prescribed by the Central Government or until they attain the age of 65 years, whichever is earlier. They are not eligible for reappointment.
Removal	The President may remove the Chairperson or any member on the following grounds: Adjudged insolvent Convicted of an offence involving moral turpitude Engaging in paid employment outside official duties during tenure Declared unfit due to infirmity of mind or body Additionally, the President may remove them for: Proved misbehaviour or incapacity In such cases: The matter is referred to the Supreme Court of India for inquiry If the Supreme Court upholds the charges and recommends removal, the President may remove the concerned member.	The President of India may remove the Chief Information Commissioner (CIC) or any Information Commissioner on the following grounds: Adjudged insolvent Convicted of an offence involving moral turpitude Engaging in paid employment outside official duties during tenure Unfit due to infirmity of mind or body Acquiring financial or other interests that may adversely affect official functions Removal on Grounds of Misbehaviour or Incapacity The President refers the matter to the Supreme Court of India for inquiry If the Supreme Court upholds the charges and recommends removal, the President may remove the concerned official.
Powers and Functions	The CVC advises Central Government organisations on vigilance matters, monitors vigilance activities, reviews anti-corruption work and guides reforms in vigilance administration. For investigation, it depends mainly on external agencies such as the CBI and Chief Vigilance Officers.	The CIC can hear complaints, decide second appeals and ensure compliance with the RTI Act. It can suo motu order an inquiry where reasonable grounds exist and, during inquiry, it has powers of a civil court.
Reports	The CVC presents an annual report on its performance to the President of India.	Submits an annual report to the Central Government. The CIC works within the reporting framework of the RTI Act and contributes to transparency by monitoring implementation of the right to information.
Key Focus Area	Its key focus is anti-corruption, vigilance administration and integrity in public services.	Its key focus is transparency, accountability and citizens’ right to information.
Importance	The CVC strengthens clean governance by checking corruption, advising vigilance authorities and improving integrity mechanisms in Central Government organisations.	A high powered independent body which looks into the complaints and appeals pertaining to offices, financial institutions, public sector undertaking etc. under the Central Government and Union Territories.
Miscellaneous	The CVC was first created by executive resolution and later made statutory in 2003. It is the apex vigilance body, but it does not conduct all investigations independently and relies on the CBI and CVOs for investigation support.	The CIC is the highest appellate authority for RTI matters related to the Central Government and Union Territories. It is not an anti-corruption investigation agency, but it promotes transparency, which indirectly helps reduce corruption.

National Green Tribunal

Aspect	Details
Meaning and Nature	The National Green Tribunal is a specialized statutory body created for the speedy and effective disposal of environmental cases. It deals with matters related to environmental protection, forest conservation, pollution control, compensation for environmental damage and enforcement of environmental rights.
Establishment	It was established on 18 October 2010 under the National Green Tribunal Act, 2010 and started functioning from 4 July 2011. It was created to reduce the burden of environmental cases on regular courts and to provide specialized environmental justice.
Administrative Ministry	The Tribunal functions under the Ministry of Environment, Forest and Climate Change.
Headquarters and Benches	The principal seat of NGT is in New Delhi. It also has regional benches at Bhopal, Pune, Kolkata and Chennai, and follows a circuit procedure to improve access to environmental justice.
Objective	Its main objective is to provide quick, effective and specialized justice in environmental matters, including protection of environment, conservation of forests and natural resources, enforcement of legal environmental rights, and relief or compensation for damage caused to people, property and environment.
Composition	The NGT consists of a Chairperson, Judicial Members and Expert Members. This mixed composition ensures that environmental disputes are decided with both legal understanding and scientific/technical expertise.
Chairperson	The Chairperson is a retired Judge of the Supreme Court or Chief Justice of a High Court. The appointment is made by the Central Government in consultation with the Chief Justice of India. The Chairperson holds office for 5 years or until the age of 70 years, whichever is earlier.
Judicial and Expert Members	The Tribunal may have 10 to 20 Judicial Members and 10 to 20 Expert Members. Judicial Members are generally former judges, while Expert Members have knowledge and experience in environmental science, technology, engineering or related fields. Expert Members hold office for 5 years or until the age of 65 years, whichever is earlier.
Jurisdiction	NGT deals with civil cases involving substantial questions related to the environment and disputes arising from the implementation of major environmental laws.
Laws Covered	It deals with cases under major environmental laws such as the Water Act, 1974; Water Cess Act, 1977; Forest Conservation Act, 1980; Air Act, 1981; Environment Protection Act, 1986; Public Liability Insurance Act, 1991; and Biological Diversity Act, 2002.
Powers	The NGT has powers similar to a civil court. It can summon persons, receive evidence, call for documents, issue directions, impose environmental compensation and provide relief in cases involving environmental damage.
Environmental Principles Applied	While deciding cases, NGT applies important environmental principles such as sustainable development, precautionary principle and polluter pays principle.
Appeal	Appeals against NGT orders can be filed before the Supreme Court of India.
Landmark Cases	Important cases associated with NGT include Almitra H. Patel v. Union of India on waste management, Save Mon Region Federation v. Union of India on hydro project clearance, Vardhaman Kaushik v. Union of India on air pollution, Alaknanda Hydro Power case on compensation, Art of Living Yamuna Floodplain case, and Ganga pollution matters.

Lokpal and Lokayukta

Basis	Lokpal	Lokayukta
Meaning and Nature	Lokpal is the national-level anti-corruption ombudsman established to inquire into corruption allegations against public functionaries of the Union Government. It is a statutory body under the Lokpal and Lokayuktas Act, 2013.	Lokayukta is the state-level anti-corruption ombudsman established to inquire into corruption allegations against state-level public functionaries. It is created through state legislation, as provided under the Lokpal and Lokayuktas Act, 2013.
Historical Background	The idea of an ombudsman originated in Sweden in 1809. In India, the idea was suggested by Ashok Kumar Sen, while the terms Lokpal and Lokayukta were coined by Dr. L.M. Singhvi in 1963. The First Administrative Reforms Commission, 1966 recommended such institutions at the Centre and State levels.	Lokayukta follows the same ombudsman principle at the state level. It was recommended to ensure that corruption complaints against state-level authorities could be investigated independently within the state administrative structure.
Purpose	Lokpal aims to strengthen transparency, integrity and accountability in central administration by investigating complaints of corruption against Union-level public officials.	Lokayukta aims to check corruption in state administration and provide a grievance mechanism against corruption involving state ministers, legislators and public servants.
Composition	Lokpal consists of a Chairperson and a maximum of eight members. At least 50% of the members must be judicial members, and 50% of members should belong to SCs, STs, OBCs, minorities and women.	Composition of Lokayukta varies from state to state because states frame their own Lokayukta laws. Generally, it consists of a Lokayukta/Chairperson and other members as prescribed by the concerned state law.
Appointment and Selection Committee	The Chairperson and members are appointed by the President of India on the recommendation of a committee consisting of the Prime Minister as Chairperson, Speaker of Lok Sabha, Leader of Opposition in Lok Sabha or leader of the largest opposition party, Chief Justice of India or his nominee, and one eminent jurist nominated by the President.	Lokayukta is generally appointed by the Governor of the State on the recommendation of a selection committee prescribed by state law. The committee usually includes the Chief Minister, Leader of Opposition, Speaker of Legislative Assembly and Chief Justice of High Court or nominee, though the exact composition differs across states.
Eligibility	The Chairperson may be a former Chief Justice of India, former Judge of the Supreme Court, or an eminent person with specified qualifications. The Chairperson and members must not be below 45 years of age.	Eligibility criteria differ across states, but generally the Lokayukta is a former Judge of the Supreme Court or former Chief Justice/Judge of a High Court, depending on the concerned state law.
Jurisdiction	Lokpal has jurisdiction over the Prime Minister, Union Ministers, Members of Parliament and Group A, B, C and D Central Government employees. It also covers certain institutions receiving foreign donations above ₹10 lakh per year under the FCRA framework.	Lokayukta has jurisdiction over the Chief Minister, State Ministers, MLAs, state government officials and public servants, depending on the concerned state legislation. Its jurisdiction is not uniform across all states.
Prime Minister / Chief Minister Coverage	The Prime Minister comes under Lokpal’s jurisdiction, but matters related to national security, foreign relations, public order, atomic energy and space are protected by safeguards.	The Chief Minister may or may not fall under Lokayukta’s jurisdiction, depending on the state law. Some states include the Chief Minister, while others provide exemptions or limitations.
Powers and Functions	Lokpal can receive complaints, order preliminary inquiry, direct investigation and recommend prosecution in corruption cases. It has the power of superintendence and direction over agencies such as the CBI in cases referred by it.	Lokayukta can inquire into corruption complaints against state-level public officials and recommend action. Its powers vary across states, and in many states its role is mainly recommendatory.
Limitations	Lokpal faces limitations such as delay in appointments, procedural complexity, inability to act on anonymous complaints, limited suo motu powers and dependence on investigative agencies.	Lokayukta faces challenges such as lack of uniformity across states, political influence, shortage of staff, weak enforcement powers and non-binding recommendations in many states.
Significance	Lokpal strengthens anti-corruption accountability at the Union level and is an important part of India’s institutional framework against corruption along with the CBI, CVC and Prevention of Corruption Act.	Lokayukta is important because much of everyday corruption occurs at the state and local level; therefore, a strong state-level ombudsman is essential for clean and accountable governance.
Miscellaneous	The Lokpal and Lokayuktas (Amendment) Act, 2016 modified provisions related to asset and liability declarations by public servants and addressed the Leader of Opposition issue by allowing the leader of the single largest opposition party to participate in selection.	States are required to establish Lokayukta institutions, but their structure and effectiveness differ because the Act leaves details to state legislation. Stronger and more uniform Lokayukta laws are needed for effective anti-corruption governance.

National Commission for Minorities (NCM)

Section	Details
Meaning	The National Commission for Minorities (NCM) is an autonomous statutory body established by the Government of India under the National Commission for Minorities Act, 1992.
Purpose	It protects the interests of minority communities and monitors the implementation of constitutional and legal safeguards provided to them.
Background	The idea of setting up the Commission was envisaged through the Ministry of Home Affairs Resolution, 1978 for enforcement and implementation of safeguards provided to minorities in the Constitution.
Statutory Status	It received statutory status through the National Commission for Minorities Act, 1992. It is a statutory, autonomous and recommendatory body.
Minority Communities	Initially, five religious communities were notified as minorities: Muslims, Christians, Sikhs, Buddhists and Zoroastrians / Parsis. In 2014, Jains were also notified as a minority community. Thus, the six notified minority communities are Muslims, Christians, Sikhs, Buddhists, Jains and Zoroastrians / Parsis. As per the 2011 Census, these six communities constitute around 20% of India’s population.
Composition	As per Section 3 of the NCM Act, 1992, the Commission consists of 1 Chairperson, 1 Vice-Chairperson and 5 Members. Thus, the Commission has a total of 7 members.
Nomination	The Chairperson, Vice-Chairperson and five Members are nominated by the Central Government from amongst persons of eminence, ability and integrity. At least five members, including the Chairperson, must belong to the minority communities.
Term of Office	Each member holds office for a period of 3 years from the date of entering office.
Removal	The Central Government may remove the Chairperson or any member from office if such person: • Is adjudged insolvent. • Engages in any paid employment outside the duties of office during the term. • Refuses to act or becomes incapable of acting. • Is of unsound mind and is so declared by a competent court. • Has abused the office in a manner detrimental to public interest. • Is convicted and sentenced to imprisonment for an offence involving moral turpitude.
Functions and Responsibilities	As per Section 9 of the NCM Act, 1992, the Commission performs the following functions: • Evaluates the progress of development of minorities under the Union and States. • Monitors the working of safeguards provided to minorities in the Constitution and laws enacted by Parliament and State Legislatures. • Makes recommendations for effective implementation of safeguards for minorities. • Looks into specific complaints regarding deprivation of rights and safeguards of minorities. • Takes up such complaints with the appropriate authorities. • Conducts studies, research and analysis on socio-economic and educational development of minorities. • Suggests appropriate measures for welfare and development of minority communities. • Makes periodical or special reports to the Central Government on minority-related matters. • Highlights the difficulties faced by minorities before the government.
Powers	The Commission has the powers of a civil court in respect of the following matters: • Summoning and enforcing the attendance of any person from any part of India. • Examining any person on oath. • Requiring the discovery and production of any document. • Receiving evidence on affidavits. • Requisitioning any public record or copy thereof from any court or office. • Issuing commissions for examination of witnesses and documents.
Reports and Recommendations	The Commission submits reports and recommendations to the government. The Central Government must lay the Commission’s report before each House of Parliament, along with a memorandum explaining the action taken or proposed to be taken and reasons for non-acceptance of any recommendation related to the Union. The concerned State Government must lay the report before the State Legislature, along with a memorandum explaining the action taken or proposed to be taken and reasons for non-acceptance of recommendations related to the State.
Limitations	The National Commission for Minorities faces the following limitations: • Human resource deficiency due to inconsistencies in staffing and appointments. • Limited role of State Minority Commissions due to weak integration with the National Commission. • Underutilization of technology because the complaint monitoring system is basic. • Financial and expenditure-related challenges, as limited budget is spent on research activities. • Limited legal authority, as the Commission does not have strong enforceable powers. • Judicial limitation, as its decisions may be challenged or overturned by District Courts and High Courts.

National Commission for Women (NCW)

Section	Details
Meaning	The National Commission for Women (NCW) is an autonomous and statutory body established to protect and promote women’s rights in India.
Establishment	It was established in 1992 under the National Commission for Women Act, 1990.
Purpose	It reviews and addresses issues related to women’s rights and makes recommendations for the protection and promotion of these rights.
Nature	It is a statutory, autonomous and recommendatory body.
Legal Provision for Composition	As per Section 3 of the National Commission for Women Act, 1990, the Commission consists of a Chairperson, five Members and a Member-Secretary.
Composition	The Chairperson, five Members and Member-Secretary are nominated by the Central Government.
Chairperson Eligibility	The Chairperson should be a person committed to the cause of women.
Members’ Eligibility	The five Members are nominated from amongst persons of ability, integrity and standing, having experience in law or legislation, trade unionism, women’s voluntary organisations, administration, health, education, etc.
SC/ST Representation	At least one Member each shall be from amongst persons belonging to the Scheduled Castes and Scheduled Tribes, respectively.
Member-Secretary Eligibility	The Member-Secretary may be: • An expert in the field of management, organisational structure or sociological movement, or • An officer who is a member of a civil service of the Union, or • A member of an All-India Service, or • A person holding a civil post under the Union with appropriate experience.
Term of Office	The Chairperson and every Member hold office for a period of 3 years.
Removal	The Central Government may remove the Chairperson or any Member from office if such person: • Is adjudged insolvent. • Engages in any paid employment outside the duties of office during the term. • Refuses to act or becomes incapable of acting. • Is of unsound mind and is so declared by a competent court. • Has abused the office in a manner detrimental to public interest. • Is convicted and sentenced to imprisonment for an offence involving moral turpitude.
Legal Provision for Functions	As per Section 10 of the National Commission for Women Act, 1990, the Commission performs functions related to the protection, promotion and advancement of women’s rights.
Functions and Responsibilities	The Commission performs the following functions: • Investigates and examines all matters relating to safeguards provided for women under the Constitution and other laws. • Presents annual reports to the Central Government on the working of these safeguards. • Makes recommendations for effective implementation of safeguards and improvement of women’s conditions. • Reviews existing provisions of the Constitution and other laws affecting women. • Recommends amendments and remedial legislative measures to remove lacunae, inadequacies or shortcomings in laws. • Takes up cases of violation of constitutional and legal provisions relating to women with appropriate authorities. • Looks into complaints relating to deprivation of women’s rights. • Takes suo motu notice of matters relating to women’s rights and non-implementation of protective laws. • Undertakes promotional and educational research. • Participates and advises in the planning process of socio-economic development of women.
Powers	While investigating matters, the Commission has the powers of a civil court in respect of the following matters: • Summoning and enforcing the attendance of any person from any part of India. • Examining any person on oath. • Requiring the discovery and production of any document. • Receiving evidence on affidavits. • Requisitioning any public record or copy from any court or office. • Issuing commissions for examination of witnesses and documents.
Reports	The Commission presents reports to the Central Government regarding the working of safeguards provided for women.
Importance	NCW plays an important role in protecting women’s rights, reviewing laws, investigating complaints, recommending reforms and promoting women’s socio-economic development.

Law Commission of India

Section	Details
Meaning	The Law Commission of India is a non-statutory body established by the Government of India to conduct research in the field of law and recommend legal reforms.
Establishment	It is established through a notification of the Ministry of Law and Justice, Government of India.
Nature	It is a non-statutory, advisory and recommendatory body.
Tenure	It is established for a fixed tenure, generally for 3 years.
Purpose	Its main purpose is to review existing laws, suggest legal reforms, recommend new laws and improve the legal and judicial system.
Advisory Role	It works as an advisory body to the Government of India on matters related to law reform.
23rd Law Commission	The 23rd Law Commission has been constituted by the Ministry of Law and Justice for a three-year term from 1st September 2024 to 31st August 2027. The 23rd Law Commission has been assigned the task of reviewing existing laws in the context of the Directive Principles of State Policy
Terms of Reference of 23rd Law Commission	The Commission has to: • Examine existing laws in relation to the Directive Principles of State Policy. • Suggest reforms to align laws with the Directive Principles and objectives of the Constitutional Preamble. • Examine the impact of globalisation on food security and unemployment. • Recommend measures for protection of interests of the marginalised sections. • Review and enhance judicial administration to make it more responsive and efficient. • Reduce delays in courts. • Simplify High Court rules. • Establish a case flow management framework.
Historical Background	The first Law Commission was established in 1834 under the Charter Act of 1833 under the chairmanship of Lord Macaulay.
Contribution of First Law Commission	The First Law Commission recommended the codification of the Indian Penal Code and the Criminal Procedure Code.
Pre-Independence Law Commissions	The second, third and fourth Law Commissions were formed in 1853, 1861 and 1879, respectively.
Major Laws Developed by First Four Commissions	The first four Law Commissions contributed to the development of: • Indian Code of Civil Procedure, 1908 • Indian Contract Act, 1872 • Indian Evidence Act, 1872 • Transfer of Property Act, 1882
Law Commission After Independence	The first Law Commission of Independent India was established in 1955.
First Chairman After Independence	The first Law Commission of Independent India was headed by the then Attorney-General of India, M. C. Setalvad.
Number of Commissions	Since Independence, 23 Law Commissions have been appointed, each generally having a three-year term.
Functions	The Law Commission performs the following functions: • Reviews and recommends repeal of obsolete and irrelevant laws. • Examines laws affecting the poor and conducts post-audits of socio-economic legislation. • Proposes new laws to implement Directive Principles and achieve the objectives of the Preamble. • Reviews matters related to law and judicial administration referred by the Government. • Suggests legal reforms to make laws more effective, relevant and justice-oriented.
Reports	The Law Commission submits reports to the Government of India on various legal and judicial issues.
Number of Reports	The Law Commission of India has submitted 289 reports so far on different legal issues. The official Law Commission report list shows Report No. 289 as Trade Secrets and Economic Espionage, dated 17 March 2024.
Importance	The Law Commission helps in modernising Indian laws, removing obsolete provisions, strengthening justice delivery, supporting socio-economic justice and improving legal administration.
Limitations	Its recommendations are advisory and not binding on the Government. Implementation depends on the decision of the Government and Parliament.

More from Polity:

Governor

Polity