Simone Lawson
India is a democratic country that is run by a combination of constitutional and non-constitutional bodies. Non-constitutional bodies are formed by government action and are not mentioned in the Indian Constitution. They are created to address specific administrative, regulatory, and developmental needs that constitutional bodies cannot adequately meet. These bodies are given powers through laws or executive orders and are often formed by the Parliament or state legislature. Examples of non-constitutional bodies include the National Human Rights Commission, NITI Aayog, Central Bureau of Investigation, and State Human Rights Commission.
| Characteristics | Values |
|---|---|
| Definition | Bodies that are not formed by the government's action and are not mentioned in the Indian Constitution |
| Formation | Created by laws or executive orders, not by the Constitution of India |
| Powers | Powers are derived from laws enacted by the Indian Parliament or executive resolutions issued by the Indian government |
| Examples | National Human Rights Commission, NITI Aayog, Central Bureau of Investigation, Telecom Regulatory Authority of India, Lokpal and Lokayuktas, State Human Rights Commission |
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What You'll Learn
National Human Rights Commission (NHRC)
The National Human Rights Commission (NHRC) is a statutory body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993. It was given a statutory basis by the Protection of Human Rights Act, 1993 (PHRA). The NHRC is responsible for the protection and promotion of human rights, which are defined by the act as "rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India".
The NHRC is made up of a chairperson and five members (excluding ex-officio members). The chairperson has been a Chief Justice of India or a Judge of the Supreme Court. One member is, or has been, a judge of the Supreme Court of India, and another has been the Chief Justice of a High Court. Three members, one of whom must be a woman, are appointed from among persons with knowledge of, or practical experience in, matters relating to human rights. The chairpersons of the National Commissions, such as the National Commission for Scheduled Castes and the National Commission for Women, serve as ex officio members. The chairperson and members of the NHRC are appointed by the President of India, on the recommendation of a committee.
The Protection of Human Rights Act mandates the NHRC to proactively or reactively inquire into violations of human rights by the government of India or negligence of such violation by a public servant. The NHRC also has the task of recommending measures for the effective implementation of human rights and reviewing factors, including terrorism, that impede the enjoyment of human rights.
The NHRC has a broad scope of activities. For example, it organised a half-day training programme for officers of the Indian Forest Service in February 2024 and celebrated Human Rights Day in December 2024. It also takes on a monitoring role, such as deploying election observers to monitor the 2023 elections in Nigeria.
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Telecom Regulatory Authority of India (TRAI)
The Telecom Regulatory Authority of India (TRAI) is a regulatory body set up by the Government of India under section 3 of the Telecom Regulatory Authority of India Act, 1997. It is the regulator of the telecommunications sector in India. The TRAI Act was amended by an ordinance, effective from 24 January 2000, establishing a Telecom Disputes Settlement and Appellate Tribunal to take over the adjudicatory and disputes functions from TRAI.
TRAI's mission is to create and nurture conditions for the growth of telecommunications in India to enable the country to have a leading role in the emerging global information society. It facilitates users and service providers to explore and resolve various issues in different telecom services. It has three portals for different Quality of Service parameters: TRAI MySpeed Portal, TRAI Drive Test Portal, and TRAI MyCall Portal. TRAI also assesses network quality across different areas in India.
TRAI is administered through a secretariat headed by a secretary. All proposals are processed by the secretary, who organises the agenda for authority meetings, prepares the minutes, and issues regulations in accordance with the meetings. The secretary is assisted by advisors, including Mobile Network, Interconnection and Fixed Network, Broadband and Policy Analysis, Quality of Service, Broadcasting & Cable Services, Economic Regulation, Financial Analysis & IFA, Legal, Consumer Affairs & International Relation, and Administration & Personnel.
The current chairman of TRAI is Shri Anil Kumar Lahoti, an officer of the Indian Railway Service of Engineers from the 1984 batch. He has extensive regulatory work experience, having worked for three stints in TRAI (as Director, Advisor, and Principal Advisor). He has also served in different capacities in the Department of Telecommunications, Bharat Sanchar Nigam Limited (BSNL), and Union Public Service Commission (UPSC), and as Additional Secretary in the Department of Financial Services (DFS).
TRAI has been criticised for making Wi-Fi difficult to access at airports across India. Despite criticism and negative reviews, TRAI and the Airports Authority of India have refused to change the rules. TRAI has also been accused of bending its rules to let Jio, a subsidiary of Reliance Industries Limited, become a market leader.
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Central Bureau of Investigation (CBI)
The Central Bureau of Investigation (CBI) is India's domestic crime-investigating agency. It was established in 1963 by a resolution of the Ministry of Home Affairs, and its jurisdiction falls under the Ministry of Personnel, Public Grievances and Pensions.
The CBI's original mandate was to investigate bribery and governmental corruption, but in 1965, its jurisdiction was expanded to include breaches of central laws enforced by the Indian government, multi-state organised crime, and multi-agency or international cases. The CBI is also India's designated liaison with Interpol.
Officers from State Police Services (SPSs) across India can be seconded to the CBI, with ranks ranging from Deputy Superintendent of Police (DSP) to Additional Superintendent of Police (Addl. SP), as well as subordinate ranks like Inspector and Sub-Inspector of Police. The CBI is headed by a Director, an IPS officer with the rank of Director-General of Police, who is selected by a high-profile committee and serves a two-year term that can be extended by another three years.
The CBI has faced criticism for excessive political interference, nepotism, wrongful prosecution, and corruption. In 2013, a Judge of the Supreme Court of India, R. M. Lodha, described the CBI as a "caged parrot speaking in its master's voice", indicating its susceptibility to political influence. The agency has also faced legal challenges regarding its constitutionality, with the Gauhati High Court declaring it unconstitutional in 2013, although this verdict was stayed by the Supreme Court pending a hearing.
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NITI Aayog
In terms of healthcare, NITI Aayog has supported the development of healthcare facilities in vulnerable communities and has also inaugurated Nagaland's first Histopathology laboratory, marking a significant advancement in cancer diagnosis and treatment in the state. Furthermore, NITI Aayog has developed plans for the industrial development of the Great Nicobar Islands, which has faced backlash from indigenous communities due to concerns about displacement and ecological pressure.
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Lokpal and Lokayuktas
Non-constitutional bodies are those that are not formed by government action and are not mentioned in the Indian Constitution. They are typically established by executive resolution or action.
Lokpal and Lokayukta are among those non-constitutional bodies. The Lokpal and Lokayukta Act of 2013 mandates that all states must set up the office of the Lokayukta within one year from the commencement of the Act. The Lokpal is a multi-member body, consisting of one chairperson and a maximum of eight members. The chairperson of the Lokpal should be either the former Chief Justice of India, a former Judge of the Supreme Court, or an eminent person with impeccable integrity and outstanding ability, with a minimum of 25 years of special knowledge and expertise in matters relating to anti-corruption policy, public administration, vigilance, finance, law, and management. The Lokpal's jurisdiction includes the Prime Minister, Ministers, Members of Parliament, and Groups A, B, C, and D officers and officials of the Central Government. However, it does not include matters related to international relations, security, public order, or atomic energy.
The concept of a constitutional ombudsman was first proposed by the then Law Minister Ashok Kumar Sen in Parliament in the early 1960s, with the term Lokpal and Lokayukta coined by Dr. L. M. Singhvi. The Lokpal Bill was passed in Lok Sabha in 1968 but lapsed with the dissolution of Lok Sabha, and subsequent attempts to pass the bill failed until 2013. The Lokpal and Lokayukta Act of 2013 has been criticized for its lack of independence, transparency, and other drawbacks, such as not allowing anonymous complaints and setting a 7-year limitation period for filing complaints.
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Frequently asked questions
The National Human Rights Commission.
The Central Bureau of Investigation (CBI).
NITI Aayog.
The State Human Rights Commission.
The Telecom Regulatory Authority of India (TRAI).
