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Constitutional Bodies – Powers, Functions and Responsibilities

Constitutional Bodies

Constitutional Bodies – Powers, Functions and Responsibilities

Competition Commission of India

Mandate

    1. Prevent practices having adverse effect on competition
  1. To promote and sustain competition in markets
  2. Protect consumer interest
  3. Ensure freedom of trade carried on by other participants in markets of India

Issues Involved

National Commission for Minority Educational Institutions (NCMEI)

Mandate: NCMEI established to protect and promote unique culture and traditions of linguistic and religious minorities.

Powers of NCMEI

  1. Determination of Minority Institution: The Supreme Court judgement in the NCEMI vs State of West Bengal noted how the NCMEI Act provided it with power to determine and fix minority status for institutions
  2. Powers of Appeal: The 2006 amendment to the NCMEI Act enables it to function as a court of appeal against order of competent authority regarding minority status
  3. Investigative Power: The NCMEI can suo motto power to enquire into complaints of violation of rights of minorities to establish and administer educational institutions of their choice as guaranteed by Article 30 of the constitution
  4. Promote and Preserve: The NCMEI can undertake activities to promote and preserve minority status and character of institutions in spirit of Article 29 of constitution
  5. Cancellation of Minority Status

Why Minority Status should be retained?

  1. Article 30(1): Right to establish and administer educational institutions of their own choice within confines of law.
  2. Article 26(a): Religious organizations can establish institutions for charitable purposes. MEIs providing education to minority youth can be considered such. Eg: AMU and JMIU
  3. Article 38: Mandates state to reduce inequality. MEIs can serve as instrument of same
  4. Kerala Education Bill Case: SC restricts power of state in revoking minority status and depriving minority of rights conferred by Article 30

Arguments for doing away with Minority Status

  1. Article 27: State funding of minority institutions directly contradicts Article 27 that states that the state shall not use its proceeds for the maintenance of any particular religion
  2. Azeez basha Case: SC argued institutions like the AMU set up by acts of parliament and not by minority community cannot be granted minority tag
  3. No reservations for other communities in these institutions raising concerns of constitutional propriety of minority institutions
  4. Article 30(1) vs Article 29(2): The denial of admission to minority institutions for citizens of non-minority background contradicts Article 29(2) that guarantees non-discrimination on ethnic, caste, race or language grounds.

Read Also  Centre-State-Local Relations

Privileges

  1. Out of reservations
  2. No 25% RTE
  3. Merit based admission process
  4. Freedom of fee structure

Challenges faced by MEIs

  1. No substantial Autonomy: Dependence on government for funds
  2. Maladministration: Mismanagement and corruption plague private minority institutions. The Supreme Court in the Malankara Syrian Catholic College Case stated that the right to establish and administer minority educational institution does not include the right to Thus, the state can enforce regulatory measures to ensure educational character, standards and maintain excellence
    1. Selling of minority seats
  3. Rent seeking Behaviour due to RTE 25% reservation exemption
  4. National level Exams like the NEET has taken away autonomy of MEIs in choosing students

Way Forward

  1. More autonomy in designing and operationalizing curriculum
  2. Minority status shall not be revoked as it threatens the constitutional safeguards for minority communities, their culture and education
  3. Exemption from RTE needs to be reviewed
  4. A separate linguistic minority criterion to be evolved in order to ensure language inclusive education for linguistic minorities
  5. Ambiguities and gaps in management shall be bridged

Election Commission of India (ECI)

                ECI is vested with the power of superintendence, direction and control for the conduct of elections to Parliament and State Legislatures, elections to offices of President and vice president. It is an independent constitutional body (deriving its powers from Article 324) constituted of a Chief Election Commissioner and other commissioners.

                The Chief Election Commissioner is appointed by the President and holds security of tenure. His stature is equivalent to that of a SC judge. However, the other two commissioners can be removed by the president on recommendation of the CEC. Hence, they do not hold security of tenure.

Advisory or Quasi-Judicial Powers:

Pre-Electoral Prohibition: If a candidate has failed to lodge an account of his election expenses within the time and in the manner set by law, the ECI can prohibit his candidature

Post-Electoral Disqualification: ECI has advisory jurisdiction regarding matters of ineligibility for sitting MPs and MLAs. The SC and HC also approach the ECI for its recommendations in cases involving persons found guilty of dishonest practices in election. The judgement of the commission shall be binding on the President

Settlement of Disputes: Regarding recognition of parties and allotment of symbols

Administrative Powers:

Territorial Demarcation: Decide territorial areas of electoral constituencies throughout the country on the basis of Delimitation Commission Act of Parliament

Preparation of Electoral Rolls: Periodically amend electoral rolls after registration of newly qualified voters and exclusion of voters who passed away

Schedule of Election: ECI decides date of elections and imposes a model code of conduct in constituencies where election takes place

Recognition to Political parties and Allot symbols

Functions of the ECI

  • Free and Fair Elections: ECI holds the superintendence, control and direction to conduct elections for MPs, MLAs, offices of President and Vice-President. Hence it is given the constitutional authority to administer elections and ensure it is expedited within the framework of rules and regulations
  • Decorum of Democracy: ECI enforces the Model Code of Conduct during the period of elections to ensure a level playing field where voters are not unfairly mobilised by political parties
  • Controlling Money Power in Elections: All candidates must declare an affidavit declaring their assets and also submit before the ECI his election expenses and it must be within the limits set by the ECI. Each political party must submit audited financial reports regularly

Responsibilities

  • Supervise, direct and control of elections
  • Set down rules and regulations for election
  • Determine constituencies and prepare electoral rolls
  • Allot symbols to parties and candidates
  • Appoint tribunals for decisions of doubts and disputes arising out of or in connection with the election to Parliament or State Legislatures
  1. For achieving its desired objectives, it necessary to ensure that regulatory institutions remain autonomous and independent. Discuss in the light of experiences in the recent past.

                ECI delayed enforcing the Model Code of Conduct which many have pointed out does undue favours to the ruling party at the centre.

Why EC must be independent?

  • Fair Elections: An independent body that is vested with superintendence and control of elections must be impartial and neutral giving all candidates and political parties equal opportunity to mobilise voters through fair means
  • Accountability: An independent regulatory institution steps up the accountability on the incumbent government and political parties. They can no longer influence the regulatory institution and circumvent rules. Hence they remain accountable to the people
  • Trust in Democratic System: Unless the system of regulation and monitoring is independent and free from state control, the very trust of the public in the state is jeopardised due to ensuing conflict of interest. Thu, an independent regulatory institution augurs well for the state as it transmits an image of transparency to the general public

Union Public Service Commission (UPSC)

Article 315 to 323 of the Indian constitution provides for a permanent central recruiting agency to central government services called the UPSC. The commission shall consist of a chairman and 10 other members appointed by the President of India, their number, service and terms of conditions are to be determined by President of India.

                The members of UPSC are provided with security of tenure and can be removed only as per conditions provided in the Constitution.

Functions of UPSC

  • Recruitment to Central Services: UPSC recruits young men and women by conducting All India examinations and selecting meritorious students to services of Union
  • Disciplinary matters: Monitor disciplinary matter to those serving the states or Union in a civil capacity, petitions or memorials relating to such matter
  • Advice to the president: UPSC can advise the president on any matter relating to recruitment to civil services or posts
  • Assist States: In case of a request from 2 or more states, UPSC shall perform the duty of assisting them in developing joint recruitment from service

Read Also Notes by UPSC Topper

Powers of UPSC

  • Matters related with the appointment of the civil services of the government
  • Evaluation of standard and efficiencies of the candidate for appointment, promotion or transfer in all civil posts
  • Affairs associated with demand and benefits of employees
  • Punishing employees due to violation of discipline

National Human Rights Commission (NHRC)

                A statutory body set up under Protection of Human Rights Act, 1993 to safeguard human rights of citizens against arbitrary excesses of the state. It is an independent body that is chaired by a retired chief justice of India and has other supreme court and high court judges along with experts in the field of human rights.

Issues NHRC deals with

State Excesses

  1. Custodial torture
  2. Extra-judicial killings
  3. Excesses by Army officers or Police
  4. Arbitrary arrest and detention

State Inaction, law and order issues

  1. Sexual Violence
  2. Manual Scavenging
  3. Child Labour
  4. Labour rights
  5. Violence and discrimination against women, children
  6. Problems faced by SC/ST, disabled sections

Powers of NHRC

  • Against excesses or inaction by public official: NHRC has suo-motto power in conducting an inquiry into infringement of human rights and negligence due to inaction by public servant
  • Provide for immediate compensation to the aggrieved
  • For the convicted individuals: NHRC has powers to visit jails or institutions under state government where persons are detained for the purpose of treatment, reformation or protection, inspect the living conditions and provide suggestions to state governments to improve the same
  • Review existing framework for HR protection: NHRC can review existing constitutional, legal safeguards for human rights and suggest measures for their effective implementation. It can also study treaties and other international instruments on human rights and make recommendations for their effective implementation
  • Promote awareness of Human rights: NHRC can lead the way in human rights education by engaging NGOs and CSOs to ensure citizens are aware of their claims on the state and of existing safeguards for protection of human rights.

NITI Aayog

 NITI Aayog is a think-tank to advise the Union and state government regarding policy matters and their associated socio-economic transformation. It aims to evolve national development priorities, sectors and strategies with active participation at state level for achievement of national objectives – (Spirit of Cooperative Federalism).

Composition of NITI Aayog

Prime minister as Chairman

Chief ministers of States and UTs

Administrators of UTs

Vice-Chairperson – Rank of Cabinet Minister

Other members- Economists, Entrepreneurs, Policy experts

Objectives

  • Cooperative federalism: Engage directly with states through support initiatives and mechanisms on a continuous basis recognizing strong states make strong nation
  • Bottom-Up Approach: Formulate viable socio-economic developmental plans at grass root levels and integrate them progressively to higher levels of government
  • Inclusivity: Ensure that no section is left behind in economic development and to provide special attention to those outlier sections in society
  • Policy Framework: Evolve long term strategy and evaluate efficacy of current policy, programmes and initiatives triggering mid-course corrections
  • Bridge between Government and Markets: Create knowledge, innovation and entrepreneurial support system through a collaborative community of experts, practitioners and other partners

Ways and Means to Improve NITI Aayog: Vijay Kelkar Recommendations

  • Allocation of Capital: As per Kelkar, giving NITI the powers for allocating transformational capital and revenue grants to states can help increase policy outreach
  • Critical participation: For NITI to be an effective participant in decision making process, it is vital that Vice-Chairman of NITI Aayog is a permanent invitee of Cabinet Committee on Economic Affiars
  • Grantsà Mitigate Development Imbalance: NITI 2.0 will require a 1-2% of GDP to correct regional imbalances in India’s growth
  1. NITI Aayog has quantitatively and qualitatively improved relationship between Centre and states. Analyze.
  2. ‘Competitive Federalism contributes to growth of cooperative federalism’. Elucidate taking NITI Aayog as example.

Comptroller and Auditor General of India

                CAG is an independent constitutional office deriving its powers from Article 148 of the Indian constitution. He is the guardian of the public purse and controls the financial system at centre and state.

                CAG holds security of tenure and can only be removed by President when a resolution for his removal is passed in both houses of Parliament with special majority. This ensures the independence of CAG from the executive necessary to control the executive.

Functions of the CAG: CAG performs ex-post evaluation of government expenditure and receipt. He is thus able to enquire into the wastefulness or economy of government expenditure and utility of government receipts. CAG hence plays a key role in the control of executive enhancing parliamentary and public accountability of the executive.

  1. Exposing corruption and ensuring financial propriety in spending
    1. Vinod Rai exposed the 2G scam and loss of crores of public money due to inefficient allocation of spectrum
  2. Ensuring economy in expenditure to limit wastefulness of public money
  3. Noting underutilization of devolved funds and reporting the same
    1. CAG in 2013 noted the underutilization of security funds for coastal infrastructure and patrol boats maintenance
  4. Impact of usage of public money on environment and culture
    1. CAG noted how there were missing monuments due to increased development
  • Auditing Public Accounts:
    • Consolidated Fund of India
    • Consolidated Fund of states and States and UTs of Delhi and Puducherry
    • Contingency Fund of India
    • Public Account of India
  • Auditing Public undertaking: He audits expenditure and receipts of Central and State government bodies to secure an effective check on assessment, collection and proper allocation of revenue
  • Propriety Audit: CAG has discretionary powers to look into the wisdom, faithfulness and economy of the government expenditure and comment on wastefulness and extravagance of such expenditure
    • In Arvind Gupta vs Union of India, the Supreme Court held that the CAG is empowered to look into the economy, effectiveness and efficiency of government usage of its resources. Hence the CAG is statutorily empowered to conduct performance audits through CAG (DPC) Act, 1971
    • CAG Vinod Rai had pointed out a presumptive loss of huge amounts due to inept allocation of 2G spectrum
  • Guide, Friend and Philosopher of the Public Accounts Committee of Parliament

Limitations on the Office of CAG

  • Not Comptroller: CAG does not perform his checks in the ex-ante stage, i.e before appropriation of funds he need not be consulted. He therefore has no role in maintenance of public accounts but only performs an ex-post analysis to elucidate the nature of spending. In Britain, the executive can draw money only with the approval of CAG
    • The Supreme Court in the Balaji vs Tamil Nadu case upheld the ex-post nature of CAG’s audit powers, i.e. his duty will arise only after expenditure has incurred
  • Secret Service Expenditure: Money expended under this head cannot be called into audit by CAG. He has to accept a certificate from competent administrative authority that the expenditure has been so incurred under his authority.
  • Bodies outside the purview of CAG: Panchayati Raj Institutions, Public Private Partnerships and Societies getting government funds are outside the purview of the CAG. Currently, large infrastructure projects are financed by PPPs which come outside the CAG’s ambit.
  • Denial of Information: CAGs are denied a large quantum of information sought that is a blotch on the transparency of governance and fund appropriation.
  1. Examine whether the audit of governmental policies by the CAG is overstepping its own jurisdiction?

                CAG is an independent constitutional office that derives its powers from Article 148 of the Indian constitution. After the passing of the CAG (DPC) Act, 1971 the CAG’s role has been confined to ex-post analysis of government expenditure. However, the provision of performance audit has been leveraged to enlarge its role to audit of governmental policies.

How governmental policies come within CAG’s mandate?

                A governmental policy is formulated by taking into account the revenue potential or the expenditure incurred by the government. As observed by the Supreme Court in Arvind Gupta vs Union of India case, the CAG is vested with the authority to ensure effectiveness, efficiency and economy of government expenditure. The audit of a governmental policy would ensure a check on its financial feasibility and revenue maximization potential to prevent any potential loss to state exchequer.

Read Also Role of Civil Services

Arguments for CAG overstepping its jurisdiction?

                Policy decisions and implementation are the exclusive prerogative for the representative government at the Centre. The CAG thus by scrutinizing governmental policies affects the autonomy of the government in policy implementation. This undermines the legitimacy of the executive arm of the state that is constitutionally empowered to decide on policy matters and carry forth its implementation.

                The increased auditing powers of CAG helps enhance parliamentary control on the executive and enhances transparency and accountability of governance in the public domain. However, the CAG must limit its transgressions to such a manner that it does not affect the policy formulation or decision making autonomy that lies exclusively with the representative government.

Finance Commission of India

                Article 280 of the Indian constitution provides for a finance commission of India that shall deal with sharing of finances between various levels of government – horizontal and vertical devolution of funds (from Centre to States and between states) as per developmental requirements. It is hence envisaged as the balancing wheel of fiscal federalism in India.

It is constituted by the President and consists of a chairman and 4 other members for which the parliament has specified qualifications.

Functions of the Finance Commission

  1. Distribution of the net proceeds of taxes to be shared between Centre and states, and allocation between states of respective shares of such proceeds
  2. Principles that should govern the grants-in-aid to the states by Centre (out of CFI)
  3. Measures to augment CFS to supplement panchayats and municipalities on basis of recommendations made by State FC

Advisory Powers

                The recommendations of the Finance Commission are advisory in nature and not binding on the executive. It is hence up to the Union Government to implement recommendations on granting money to states. However, since it is a constitutional quasi-judicial body, its recommendations should not be turned down unless there exists compelling reasons for the same.

Quasi-Judicial Powers

  1. Has all powers of the civil court as per the Civil Procedure Code, 1908
  2. Can summon and enforce the attendance of any witness or ask any person to deliver information or produce a document, which it deems relevant.
  3. Can ask for the production of any public record or document from any court or office.
  4. Shall be deemed to be a civil court for purposes of Sections 480 and 482 of the Code of Criminal Procedure, 1898

Overlapping Jurisdiction with Planning Commission

                The Planning commission was a non-statutory body designed to achieve coherence at state level with national objectives. It had the power to allocate discretionary grants to states and thus had overlapping jurisdiction with constitutional body Finance Commission which had power to recommend for both statutory grants as well as discretionary grants.

                However, with the scrapping of the Planning commission and the institutionalization of NITI Aayog, the conflict of jurisdictions has now been resolved. The Finance Commission remains the sole advisory body with regard to matters of financial devolution between Centre and States. (can be written as rationale for replacing Planning Commission with NITI Aayog)

Financial Autonomy of Lower Levels of Government

                The finance commission has progressively increased the share of states in proceeds of taxes. The 14th Finance Commission recommended 42% of allocation of proceeds of shareable taxes to states.

                State Finance commissions in various states are also calling for greater devolution of funds to Urban Local bodies and Panchayats in an effort to give impetus to decentralized developmental planning.

                This paradigm shift is visible across all levels of government and constitutional and statutory institutions that call for a bottom-up approach as opposed to a top-down approach.

14th Finance Commission

Sharing of union taxes

  1. 42% sharing of divisible pool of taxes
  2. No minimum guaranteed devolution to states

Local Governments

Incentivizing Good Governance: Performance grants have been allocated to ULBs and PRIs on the basis of their performance in carrying out developmental activities and governance measures adopted. 20% of ULB grants and 10% of PRI grants are to be devolved on basis of performance

Performance grants are provided to address the following issues:

  • Making available reliable data on local bodies’ receipt and expenditure through audited accounts
  • Improvement in own revenues

Parameters of Fund Allocation

The 14th finance commission has taken away fiscal discipline as a parameter in allocation of finances to states. This may discourage states from adopting fiscal consolidation measures and hence implement populist and non-viable projects.

                Forest cover was introduced as a key parameter in the 14th Finance Commission recommendation for devolution. This is in line with the goal of sustainable development and India’s national objective to raise forest cover to 33% under Green India Mission. Hence states with large forest cover cannot divert it for developmental activities necessitating compensation.

Criticisms

Winding up of BRGF: The Finance Commission has wound up the Backward Regions Grant Fund which can adversely deplete financial resources of states like Bihar and Jharkhand that depend heavily on it.

Discourages Fiscal Consolidation: Fiscal discipline accorded 0% in allocation of proceeds of taxes. The states have thus struggled to keep pace with 3% fiscal deficit target in lieu of persistent off-budget spending in states.

Eg: Waiver of farm loans in U.P, M.P

Inequities between States: Absence of plan funds, reduction of social sector funding and greater devolution of proceeds to states vests the responsibility of states in planning and implementing to make judicious use of provided financial resources. Currently there exists wide disparity in social and capital expenditure among states

Decentralization to local tiers not explicit: Although performance grants have been envisaged as proportion of devolved funds from states, there is no recommendation to ensure that there is adequate flow of finances from states to local tiers in the first place. Hence, the local levels of government continue to remain dependent on state governments.

Population Census: If the census of 2011 is taken, it might be discriminative against states who have been successful in controlling population from 1971 levels. It would be akin to rewarding the failure of other states in population control.

                On the other hand, the current population level determines the resource demand of a state. The most backward states in India have the highest population. Thus, the usage of 2011 population would help bridge the massive regional disparity in development.

Eg: Kerala and Tamil Nadu stands to lose as much as 8,000 crore at the expense of other states: Large Inequity in Devolution                        

Way Forward

                The 15th Finance commission has multiple challenges before it the foremost being the challenge of fiscal consolidation roadmap in states. It needs to better incentivize fiscal discipline among states.

                The challenge of widening income inequality between rich and poor states must also be tackled with appropriate horizontal devolution between states. The Centrally Sponsored Schemes can better target their limited allocation to poor states while high income states can be provided with a freer hand to implement social sector schemes.

National Commission for SCs

                Article 338 of the Indian constitution provides for the setting up of a National Commission for SCs through the 65th constitutional amendment act. The Commission is vested with the authority to enquire into constitutional safeguards for SCs and submit a report to the President regarding the same on their working.

Functions of the Commission

  • Upholding Constitutional and Legal Safeguards: Monitor all matters related to constitutional and legal safeguards for SCs and to evaluate their working
  • Grievance Redressal: Enquire into specific complaints with respect to deprivation of rights and safeguards for SCs
  • Socio-Economic Development: Assist the states in planning development of SCs and evaluate the current socio-economic progress of the community under Union and States
  • Advisory Powers: Recommend to Union and states measures that can be taken for protection, welfare and socio-economic development of SC community

How the commission exerts control over the Executive?

                The Commission places before the President a report on the working of existing safeguards and provides recommendations or measures it has suggested to the executives to improve the current situation with regard to SC community. The President places the report before the parliament and a memorandum that elucidates actions taken in lieu of the recommendations. The memorandum should also contain reasons for non-acceptance of certain recommendations.

                The Commission exercises similar control over state governments through institutions of the governor and the state legislature.

Quasi-Judicial Powers

                While investigating into any specific complaints as to violation of rights or abridgement of safeguards, the Commission is vested with all the powers of a civil court

National Commission for Scheduled Tribes

                Article 338-A of the constitution provides for the setting up of a National Commission for STs that shall be vested with the authority to safeguard existing legal and constitutional safeguards for ST community.

Functions of the Commission

Socio-Economic Development: The Commission assists the states in implementing Tribal Sub-Plan (TSP) strategy that is implemented by the GoI to usher in rapid socio-economic development of tribal people. The Commission participates and advises in planning process for socio-economic development of STs and to evaluate the progress of their development under Union and state

Uphold Existing Safeguards: Monitors all matters relating to constitutional and legal safeguards for STs and evaluates their working. With regard to safeguard of Forest rights Act, the commission is vested with the following functions:

  • Access to Natural Resources: Ownership rights in respect of minor forest produce, access to mineral resources, water bodies etc.
  • Land Ownership: Prevent alienation of tribal people from land and to effectively rehabilitate such people in cases where alienation has already taken place especially in the cases where tribal people are displaced through developmental projects
  • Community Forestry: Elicit maximum cooperation from tribal community with regard to forest conservation activities and sustainable use of forest resources

The commission has also been vested with the responsibility to deepen penetration of the PESA act to ensure its full implementation.

Grievance Redressal: Empowered to enquire into specific complaints with regard to violation of rights of any individual of SC community or abridgement of safeguards available to them

Central Vigilance Commission

                CVC is the apex body to investigate corruption in government offices and monitor vigilance in planning, executing, reviewing and reforming vigilance work. The CVC is a statutory body under the Central Vigilance Commission Act, 2003 consisting of a Chief Vigilance commissioner and 2 other commissioners.

Performance of CVC

  • Delay in Investigation: The cases received by the commission are required to be inquired into by appropriate agencies like the CBI. The maximum time period of 3 months has not been adhered to causing considerable delays in the eventual outcome of the CVC’s investigation
  • Under staffed: CVC and vigilance offices at grass root levels are grossly under staffed to have a significant impact on reducing corruption. It does not have the resource capacity to deal with the complaints it receives
  • Poor Quality of CBI investigationsà Low Conviction Rates: The CBI’s investigation has seen a significant drop in quality which renders charge sheets weak eventually scuttling convictable cases. The 2G scam verdict is an illustrative example
  • Advisory Nature: The Commission’s advice has been widely ignored by various ministries by its own report in 2017, significantly hindering its pursuance of anti-corruption activities
  • Overlapping Jurisdiction: The CVC and CBI have been pulled back in operational efficiency owing to overlapping jurisdiction that has also caused wastage of resource
  • Political Interference: The independence of the CVC has been at times compromised by political parties. The appointment of the CVO is yet to be made transparent.
  • Anonymous and Pseudonymous complaints crippling efficiency of CVC

Suggestions

  • Transparency in Appointments: Develop scientific criteria for appointments to post of CVO
  • Discourage false complaints by pecuniary punishments
  • Resolve overlapping jurisdictions with CBI
  • Enforcing Advice: The advice tendered to by CVC shall be accepted by ministries. In cases where they are not, the ministry shall provide a justification in the open as to why it was not accepted
  • Use of technology in investigations can help streamline investigation and improve quality
  • Streamline resources between CVC, Anti-Corruption Bureau and the CBI to overcome resource crunch and human resource deficiency

Central Bureau of Investigation (CBI)

                CBI is the premier anti-corruption investigation agency of the central government that derives its powers from the Delhi Special Police Establishment Act.

Issues with CBI

  1. Appointment: The appointment process of CBI is clouded with executive manipulation to select officers that serve their interest. The absence of fixed criteria for selection compromises the process
  2. Arbitrary Removal: The abrupt removal of the CBI director by the executive recently highlights the absence of security of tenure that compromises the independence of the CBI from political interference
  3. Executive Body: The CBI as a body that merely derives its powers from DSPE Act has reduced independence in functioning and financial autonomy due to its non-statutory nature
  4. Outside the RTI
  5. CBI needs approval from the government for initiating investigation against all categories of government servants
  6. Overlapping Jurisdiction with CVC and Lok Pal

Need for Restoring Integrity of CBI

  1. Premier anti-corruption agencyà need for public confidence
  2. Handles high profile cases of graft and corruption

Recommendations

  1. Estimates Committee of parliament has recommended that the CBI be provided with statutory status
  2. Jurisdiction with CVC and Lok Pal be streamlined
  3. CBI members and directors may be provided with security of tenure
  4. The appointment of CBI members can be more transparent and specialization in corruption or graft cases can be considered
  5. Santhanam Committee has recommended the amendment of Article 311 of the constitution to expedite the judicial process in corruption that can fast track CBI’s investigation results

National Commission for Minorities (NCM)

Mandate

  1. Evaluate Progress
  2. Monitor safeguards of constitutional and legal nature and its working
  3. Making recommendations for effective implementation of safeguards for protection of interests of minorities to state and central governments
  4. Grievance Redressal: Look into specific complaints of minorities and approaching authorities
  5. Socio-Economic research analysis on conditions of minorities and making suggestions to government

Issues for NCM

  • No Constitutional Status: The NCM is set up by an act of parliament. Hence, it has lesser authority and resources as compared to NC for SC and ST.
  • Human Resource Deficiencyà Pendency of casesà Non-redressal of grievances
  • Skewed Fund Allocation: While salaries are drawn heavily, little is spent on research, education and policy building for uplifting minorities
  • Centralization Tendency: State Minority Commissions are not empowered to act on grass root level issues, monitor developmental plans and review them.

Suggestions

  • Provide Constitutional Status: This would increase the legal mandate of the authority
  • Correct Human resource deficiency
  • Set base line targets to avoid pendency
  • E-hearing mechanism to increase accessibility
  • Delineate and strengthen state minority commissions. Segregate cases based on extent of hurt, grievous loss or injury

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