Omar Bennett
A constitutional body is one that is mentioned in the Indian Constitution. Bodies that are not formed by the government's action and are not mentioned in the Indian Constitution are called non-constitutional bodies. For example, the Zonal Councils are statutory bodies, established by an Act of Parliament, but they are not constitutional bodies. Other non-constitutional bodies include the National Human Rights Commission, NITI Aayog, National Development Council, State Human Rights Commission, and the Law Commission of India.
| Characteristics | Values |
|---|---|
| Bodies not formed by the government's action | National Human Rights Commission, NITI Aayog, National Development Council, State Human Rights Commission, State Information Commission, Lokpal and Lokayuktas, Central Information Commission, Central Bureau of Investigation, Central Vigilance Commission, Karnataka Lokayuktha, Tribunals, National Investigation Agency, Competition Commission of India, Law Commission of India, National Commission for Scheduled Tribes, Comptroller and Auditor General of India |
| Bodies not mentioned in the Indian Constitution | National Human Rights Commission, NITI Aayog, National Development Council, State Human Rights Commission, State Information Commission, Lokpal and Lokayuktas, Central Information Commission, Central Bureau of Investigation, Central Vigilance Commission, Karnataka Lokayuktha, Zonal Councils |
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What You'll Learn
Tribunals
The original Constitution of India (1950) did not contain any provisions with respect to tribunals. However, in 1976, Articles 323A and 323B were added to the Constitution through the 42nd Amendment Act, which deal with tribunals. Article 323A empowers Parliament to constitute administrative tribunals at the central and state levels for matters concerning the recruitment and conditions of service of public servants. Article 323B specifies subjects such as taxation and land reforms, for which Parliament or state legislatures may establish tribunals by enacting a law.
The Supreme Court has clarified that the subject matters under Article 323B are not exclusive, and legislatures can create tribunals for any subjects under their purview as outlined in the Seventh Schedule of the Constitution. Tribunals have appellate jurisdiction, meaning they can hear appeals from lower authorities or government bodies. These appeals are usually heard by the High Court, but in some cases, they may be heard by the Supreme Court.
The independence of tribunals is crucial. The Supreme Court has stated that tribunals should not adjudicate on the constitutionality of their parent statutes, leaving this to the High Courts. The Supreme Court has also emphasised that the central government should not interfere in the administrative activities of tribunals, such as appointing members, as this affects their independence. The selection process of tribunal members, their composition, and terms of office are all factors that determine their independence.
The Standing Committee on Personnel, Public Grievances, Law and Justice (2015) recommended the creation of the National Tribunals Commission (NTC) to oversee the administration of all tribunals in India, including appointments and functioning. As of 2020, the NTC has not been established, despite the Supreme Court's support for its formation.
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National Investigation Agency
The National Investigation Agency (NIA) is India's principal counter-terrorism law enforcement agency. It was established under the National Investigation Agency Act, enacted on 31 December 2008, in response to the deadly 26/11 terror attack in Mumbai. The attack exposed the shortcomings of existing agencies in India in terms of intelligence gathering and tracking terror activities, highlighting the need for a specialised body to address terrorism-related issues.
Headquartered in New Delhi, the NIA has a countrywide presence with branch offices in major cities, including Hyderabad, Guwahati, Kochi, Lucknow, Mumbai, Kolkata, Raipur, Jammu, Chandigarh, Ranchi, Chennai, and Imphal. The agency's primary mandate is to investigate and combat offences that pose a threat to national security, sovereignty, and integrity, with a particular focus on terrorism, insurgency, and related matters. It has the authority to conduct warrantless searches, seizures, and arrests, as well as collect evidence and maintain a database of terrorist organisations and their members.
The NIA operates under the administrative control of the Ministry of Home Affairs, Government of India, and is led by a Director-General (DG) of the rank of Director General of Police. The DG is assisted by Special/Additional Directors General (ADGs) and Inspectors General (IGs). Senior officers are appointed through deputation from various services, including the Indian Police Service (IPS), Indian Revenue Service (IRS), and Central Armed Police Force (CAPF). Subordinate personnel are selected directly or through deputation from the CAPF and State Police forces.
The NIA has concurrent jurisdiction, enabling it to investigate terror attacks and offences such as threats to the country's sovereignty, bomb blasts, hijacking of aircraft and ships, and attacks on nuclear installations. Amendments to the NIA Act have expanded its scope, allowing it to probe offences like the smuggling of high-quality counterfeit Indian currency, human trafficking, the circulation of fake currency, the manufacture and sale of prohibited arms, and cyber-terrorism. The agency maintains a list of wanted individuals and banned organisations, with detailed information available on its website.
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National Human Rights Commission
The National Human Rights Commission (NHRC) is a statutory body mentioned in the Constitution of India. It was established in 1993 under the Protection of Human Rights Act, which was enacted in the same year. The Act also allowed state governments to establish State Human Rights Commissions. The NHRC is a standalone entity of the Government of India with the mission to promote and protect human rights. It is composed of a Chairperson and eight other members, including four full-time and four deemed members. The Chairperson and members of the NHRC are appointed by the President of India, on the recommendation of a committee. The term of office for the Chairperson and members is three years or until they attain the age of 70 years, whichever is earlier. The functions of the NHRC, as stated in Section 12 of the Protection of Human Rights Act, include enquiring into complaints of human rights violations or negligence in preventing such violations by public servants. The NHRC also organises training programmes and events related to human rights and has a presence at international gatherings such as the Annual General Assembly meeting of GANHRI.
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Zonal Councils
- The Northern Zonal Council, comprising the States of Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, National Capital Territory of Delhi, and Union Territory of Chandigarh.
- The Central Zonal Council, comprising the States of Chhattisgarh, Uttarakhand, Uttar Pradesh, and Madhya Pradesh.
- The Eastern Zonal Council, comprising the States of Bihar, Jharkhand, Orissa, Sikkim, and West Bengal.
- The Western Zonal Council, comprising the States of Goa, Gujarat, Maharashtra, and the Union Territories of Daman & Diu and Dadra & Nagar Haveli.
- The Southern Zonal Council, comprising the States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, and the Union Territory of Puducherry.
The Northeastern states, including Assam, Arunachal Pradesh, Manipur, Tripura, Mizoram, Meghalaya, and Nagaland, are not covered by any of the Zonal Councils. Instead, their specific issues are addressed by the North Eastern Council, which was established by the North Eastern Council Act of 1971 and later included Sikkim in 2002. The union territories of Andaman and Nicobar Islands and Lakshadweep are also not members of any Zonal Council but are special invitees to the Southern Zonal Council.
The Zonal Councils were established by Part-III of the States Reorganisation Act of 1956, following a suggestion by the first Prime Minister of India, Pandit Jawahar Lal Nehru. He proposed that the reorganised states be grouped into four or five zones, each with an advisory council, to promote cooperative working and reduce linguistic hostilities that threatened the nation's unity. Each Zonal Council has a Standing Committee made up of Chief Secretaries from member states, and the Union Home Minister acts as the common chairman of all five councils. The chief ministers of the states included in each zone serve as vice-chairmen, rotating through the position for one-year terms.
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Karnataka Lokayuktha
The Karnataka Lokayuktha is not a constitutional body. It was established through the Lokayukta Ordinance Act 1979, by then Chief Minister of Karnataka, D. Devaraj Urs. The first Lokayukta appointed was retired Chief Justice of Rajasthan High Court, Justice C. Honniah. The institution was abolished when R. Gundu Rao became the chief minister, but was reintroduced by Ramakrishna Hedge, who was then elected Chief Minister of Karnataka. It was then established as the Karnataka Lokayukta Act, 1984.
The Karnataka Lokayukta has the power to investigate cases relating to the Chief Minister, other ministers, and members of the State Legislature. It derives its powers from the Prevention of Corruption Act, 1988. The Lokayukta has a police wing, the Bureau of Investigation, which was established as the Anti-Corruption Bureau (ACB) in 2016. The Lokayukta holds the power to direct the ACB to investigate a case if it finds sufficient evidence, and the ACB must follow these directions. The Lokayukta remains an independent body, while the ACB reports to the Chief Secretary of the State.
The term of office for the Lokayukta is five years. The Lokayukta is appointed by the Governor of Karnataka, who is advised by the Chief Minister of Karnataka, in consultation with the Chief Justice of the High Court of Karnataka, the Chairman of Karnataka Legislative Council, the Speaker of Karnataka Legislative Assembly, the Leader of the Opposition in the Karnataka Legislative Council, and the Leader of the Opposition in the Karnataka Legislative Assembly.
The Karnataka Lokayukta has been involved in several notable cases, including the investigation of the Mysuru Urban Development Authority (MUDA) scam, and the investigation of Karnataka Chief Minister Siddaramaiah and others in the MUDA site allotment case.
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