Non-Constitutional Bodies in India: Functions and Structure

What are the differences between NHRC and SHRC as Non-Constitutional Bodies in India?

• By an Act of Parliament (Protection of Human Rights Act 1993).
• Statutory Body.

• Multimember Body
• Chairperson + Five Members.

• Multimember Body
• Chairperson + Two Members.

QUALIFICATION

• Chairperson – Retired CJI or Judge of the SC.
• Members–

1. Serving or retired judge of SC;

2. Serving or retired CJ of a HC and

3. 3 others (at least one woman) having knowledge or practical experience of human rights.

• Chairpersons of the NCBCs and the NC for Protection of Child Rights as well as the Chief Commissioner for PwDs as the ex-officio members of the National Human Rights Commission.

• Chairperson – Retired CJ or Judge of the HC.
• Members-

1. Serving or retired judge of HC or District Judge With 7 years of experience;

2. Person having knowledge or practical experience of human rights.

APPOINTMENT

• By PRESIDENT
• NHRC Selection Committee (6 Members): PM + Speaker (LS) + Deputy Chairman (RS) + Leader of opposition (LS & RS both) + Union HM.

• By GOVERNOR
• SHRC Selection Committee (6 Members): CM + Speaker (SLA) + Deputy Chairman (SLC) + Leader of opposition (SLA & SLC both) + State HM.

• 3 years or age of 70 years.
• Eligible for re-appointment but not eligible for further appointment in GOI or State.

• Determined by Central/State Government.
• Cannot be varied to his disadvantage after their appointment.

• To PRESIDENT.

• To GOVERNOR.

REMOVAL PROCEDURE

• PRESIDENT can remove from the office under the following circumstances:

a) Is adjudged an insolvent or

b) Engages during his term of office in any paid employment outside the duties of his office; or

c) Is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body.

d) If he is of unsound mind and stand so declared by a competent court; or

e) If he is convicted and sentenced to imprisonment for an offence.

• (Similar to UPSC) President can also remove the chairman or any other member for misbehavior. However, in this case, the president has to refer the matter to the SC for an enquiry. SC after enquiry advice the president, then the president can remove the chairperson or a member.

MISC.

• Power to regulate its own procedure and all the powers of a civil court and its proceedings have a judicial character.
• Own Investigation Staff + Help from Govt. Agency.
• No inquiry into any matter after the expiry of one year from the date of violation.
• Functions are mainly recommendatory in nature (Not binding). It has no power to punish the violators nor to award any relief including monetary relief to the victim.
• Limited role, powers and jurisdiction with respect to members of the armed forces.
• The Secretary of the NHRC/SHRC shall exercise all administrative and financial powers of the Commission, subject to control of the chairperson.
• NHRC– Submits its annual or special reports to the Central government and to the state government concerned (SHRC only to the State Government).
• SHRC– Inquire only in respect of subjects mentioned in the State List and the Concurrent List of the Seventh Schedule.
• Central government may confer upon the SHRC the functions relating to human rights being discharged by the union territories, except the UT of Delhi Functions relating to human rights in case of UT of Delhi are to be dealt with by the NHRC.

ESTABLISHMENT

• Under an act of Parliament (Right to Information Act 2005).
• Statutory Body.

• By an act of Parliament (Central Vigilance Commission Act, 2003.).
• Statutory Body.

COMPOSITION

• Multi Member body
• Chief Information Commissioners & Other ICs (Not more than 10).
• CIC- At Present Chief + 6 Others ICs.

• Multi Member body
• Central Vigilance Commissioners & Other Vigilance Commissioner (Not more than 2).

• By PRESIDENT/GOVERNOR.
• CIC Selection Committee (3 Members): PM, Leader of Opposition (LS) and Union Minister nominated by PM.
• SIC Selection Committee (3 Members): CM, Leader of Opposition (SLA) and State cabinet minister nominated by CM.

• By PRESIDENT.
• Selection Committee (3 Members): PM, Leader of Opposition (LS) and Union Home Minister.

TENURE

• Term as prescribed by the Central Government or age of 65 years.
• Not eligible for reappointment (Information commissioners are eligible for respective Chief IC but total term not more than 5 years).

• Term – 4 Years or age of 65 years.
• Not eligible for further appointment under State or Central Government.

QUALIFICATION/ SALARY

• Persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
• Not be a Member of Parliament or Member of the Legislature of any State or Union Territory.
• Not hold any other office of profit or connected with any political party or pursuing any profession.
• Salary decided by the Central Government and cannot be varied to his disadvantage during service.

• Salary – allowances of the Central Vigilance Commissioner are similar to those of the Chairman of UPSC and that of the vigilance commissioner are similar to those of a member of UPSC.

• To PRESIDENT/GOVERNOR.

• CIC/CVC – Removed by PRESIDENT and procedure is similar to NHRC
• SIC – Removed by GOVERNOR and procedure is similar to NHRC.

ESTABLISHMENT

• Under an act of Parliament (Lokpal and Lokayukta Act, 2013) Lokpal at Centre and Lokayukta at State.
• Statutory Body.

COMPOSITION

• Multimember body
• Chairperson with a maximum of 8 members (50% judicial members).
• Minimum 50% members shall be from SCs, STs, OBCs, Minorities and Women.

QUALIFICATION

• Judicial Member – Current or former judges of SC or CJ of HC.
• Non-Judicial Member – Eminent person min. 25 years expertise & special knowledge of Anticorruption Policy, Public Administration, Vigilance, Finance, Insurance Banking, Law & Management.

• By PRESIDENT (Lokpal), GOVERNOR (Lokayukta).
• Selection Committee (3 Members): PM, Speaker, Leader of the Opposition (LS), the CJI or CJI Nominee from SC and an eminent jurist to be nominated by the President of India on the recommendations of the first four members of the selection committee.
• Search Committee- To assist the Selection Committee (50% of the members shall be from SCs, STs, OBCs, Minorities and women.

SALARY

• Term – 5 Years or age of 70 years.
• Salary Allowance Chairperson equivalent to CJI and Member-Judge of SC.

• To PRESIDENT.

MISC.

• Lokpal’s jurisdiction will cover all categories of public servants, including PM except armed forces.
• Lokpal will have the power of superintendence and direction over any investigating agency, including the CBI, for cases referred to them by the Lokpal.
• Institutions which are financed fully or partly by Government are under the jurisdiction of Lokpal, but institutions aided by Government are excluded.
• Incorporates provisions for attachment and confiscation of property of public servants acquired by corrupt means, even while the prosecution is pending.
• State will have to institute Lokayukta within 1 year.
• A CBI officer appointed for the investigation by Lokpal cannot be transferred without permission of Lokpal.