Non-Constitutional Bodies

Non-Constitutional Bodies

 

Introduction

As the name indicates, These are institutions or organizations which are not mentioned in the constitution or not given a constitutional status. Therefore non-constitutional bodies can be set up through law or an executive resolution which are called Statutory and non-statutory respectively. Some examples of the non-constitutional bodies are the National Human Rights Commission (NHRC), NITI Aayog, Telecom Regulatory Authority of India (TRAI) etc.

 

What is a Non-Constitutional Body?

  • It is an organization or institution which is not mentioned in the constitution of India. Unlike a constitutional body, a non-constitutional body does not derive its powers from the Indian constitution.
  • Usually, a non-constitutional body derives its powers from corresponding laws passed by the Indian Parliament. There are also non-constitutional bodies that derive power based on Indian government orders called executive resolution. Based on how the body derives its power, non-constitutional bodies can be broadly classified into two – 

○Statutory Bodies – They get the power from a statute i.e. an act enacted by the legislature. Eg: National Investigation Agency, National Human Rights Commission, Lokpal, and Lokayukta, etc.

○Non-Statutory Bodies – They usually get the power from an executive order. Eg: NITI Aayog, National Development Council, etc

  • Statutory Bodies can be further classified into two based on their roles and responsibilities. They are – 
  • Regulatory Bodies – It is a government agency that is accountable for exercising autonomous authority over some area of human activity in a regulatory or supervisory capacity. However, their regulatory interventions are outside executive observation. Eg: Biodiversity authority of India, pension fund regulatory and development authority, etc.
  • Quasi-Judicial Bodies – They are non-judicial bodies like commissions or tribunals which can interpret the law. They are different from judicial bodies in that their field is limited compared to a court. Eg: National green tribunal, National Human Rights Commission, Central Information Commission.

 

1.NITI Aayog:

  • Established on January 1, 2015, replacing the Planning Commission, NITI Aayog operates under the Prime Minister’s leadership, focusing on planning and policy matters.
  • NITI Aayog, short for “National Institution for Transforming India,” aims to provide important and directional input into the development process, emphasizing cooperative federalism.
  • As the premier policy Think Tank of the Government of India, it contributes both directional and policy inputs, developing long-term strategic plans and offering significant technical guidance to the Centre and States.
  • NITI Aayog houses two principal offices, namely Atal Innovation Mission (AIM) and Development Monitoring and Evaluation Organisation (DMEO), along with an autonomous institution called National Institute of Labour Economics Research and Development (NILERD).

Composition of NITI Aayog:

  • Chairperson: Prime Minister of India.
  • Vice-Chairperson: Appointed by the Prime Minister.
  • Governing Council: Comprising Chief Ministers of all States and Lieutenant Governors of Union Territories.
  • Regional Councils: Formed to address specific multi-state or regional issues.
  • Special Invitees: Experts, specialists, and practitioners with domain knowledge.
  • Members: Full-time specialists with international exposure.
  • Part-time Members: Maximum of two, from leading universities, research organizations, and relevant institutions on a rotational basis.
  • Ex-Officio Members: Maximum of four members of the Union Council of Ministers nominated by the Prime Minister.
  • Chief Executive Officer: Appointed by the Prime Minister for a fixed tenure, in the rank of Secretary to the Government of India.
  • Secretariat: As deemed necessary.

 

Principles of NITI Aayog:

  • Antyodaya (Service to the Last): Prioritize service and upliftment of the poor, marginalized, and downtrodden.
  • Sustainability: Maintain sustainability at the core of planning and development, drawing from ancient traditions.
  • Inclusion: Empower vulnerable and marginalized sections, addressing identity-based inequalities.
  • Village Integration: Incorporate villages into the development process.
  • Demographic Dividend: Focus on the development and empowerment of India’s people, harnessing their potential through education and skilling.
  • People’s Participation: Transform the developmental process into a people-driven one, with an awakened and participative citizenry driving good governance.
  • Governance: Nurture an open, transparent, accountable, pro-active, and purposeful style of governance, transitioning focus from outlay to output to outcome.

 

2.National Development Council (NDC):

  • Established in August 1952, the NDC approves Five Year Plans for the country.
  • Comprising the Prime Minister, Union Cabinet Ministers, Chief Ministers of all states, Union Territories representatives, and NITI Aayog members, the NDC is guided by the Secretary of the NITI Aayog.

 

3.National Human Rights Commission (NHRC)

  • It is a statutory body in India, established under the provisions of the Protection of Human Rights Act of 1993.
  • Thus, it is not a constitutional body.
  • It serves as the watchdog of human rights in the country.
  • It is tasked with safeguarding rights relating to life, liberty, equality, and dignity of individuals, which are guaranteed by the Constitution of India and embodied in the international covenants.
  • The Headquarters of the National Human Rights Commission is in New Delhi.
  • The Commission can also establish offices in other places in India.

 

Composition of National Human Rights Commission (NHRC)

The commission is a multi-member body consisting of the following full-time members:

  • A Chairperson, and
  • 5 other members
  • In addition to these full-time members, the commission also has the following 7 ex-officio members:
    • Chairperson of the National Commission for Minorities,
    • Chairperson of the National Commission for SCs,
    • Chairperson of the National Commission for STs,
    • Chairperson of the National Commission for Women,
    • Chairperson of the National Commission for BCs,
    • Chairperson of the National Commission for the Protection of Child Rights, and
    • The Chief Commissioner for Persons with Disabilities.

 

Removal of Members of NHRC

  • The President can remove the Chairperson or any member from the office if he/she:
    • is adjudged insolvent,
    • engages, during his term of office, in any paid employment outside the duties of his office,
    • is unfit to continue in office because of the infirmity of mind or body,
    • is of unsound mind and stands so declared by a competent court,
    • is convicted and sentenced to imprisonment for an offence.

 

  • The President can also remove the Chairperson or any Member on the grounds of proved misbehaviour or incapacity.
    • However, in these cases, the President has to refer the matter to the Supreme Court for an inquiry.
    • If the Supreme Court, after the inquiry, upholds the cause of removal and advises so, then the President can remove the Chairperson or a member of NHRC.

 

Functions of the NHRC

  • To inquire into any violation of human rights or negligence in the prevention of such violation by a public servant, either suo motu or on a petition presented to it or on an order of a court.
  • To intervene in any proceeding involving an allegation of violation of human rights pending before a court.
  • To visit jails and detention places to study the living conditions of inmates and make recommendations thereon.
  • To review the constitutional and other legal safeguards for the protection of human rights and recommend measures for their effective implementation.
  • To review the factors including acts of terrorism that inhibit the enjoyment of human rights and recommend remedial measures.
  • To study treaties and other international instruments on human rights and make recommendations for their effective implementation.

 

4.Lokpal

  • Administrative Reforms Commissions (ARCs) under Morarji Desai submitted a report recommending the creation of two special authorities: Lokayukta and Lokpal for redressing citizen grievances.
  • In 2002, the commission reviewing the Constitution’s work, chaired by Shri MN Venkatachiliah, suggested excluding the Prime Minister from the authority’s purview.
  • In 2005, the 2nd ARC chaired by Shri Veerappa Moily proposed the prompt establishment of the Lokpal office.
  • In 2011, the well-known Anna Movement for Lokpal was launched.
  • These organizations function as ombudsmen, tasked with investigating complaints against businesses or governmental agencies.
  • The Lokpal provides a mechanism for swift and unbiased investigation and prosecution in cases of alleged corruption, with no limitations on who can file a complaint.

 

The Lokpal and Lokayuktas Act, 2013

  • It mandates the investigation of corruption allegations against certain categories of public employees by a Lokpal at the national level and a Lokayuktas at the state level.
  • Amendments introduced by the Lokpal and Lokayuktas Act, 2013 extend to the Commission of Inquiry Act 1952, Delhi Police Establishment Act, 1946, Prevention of Corruption Act, 1988, Code of Criminal Procedure 1973, and Central Vigilance Commission Act, 2003.
  • It establishes the Lokpal, the first institution of its kind in independent India, to scrutinize corruption allegations against public officials within its purview.
  • The Lokpal in India is dedicated to resolving citizen grievances and upholding aspirations for clean government.
  • It wields its authority to promote the common good and eradicate corruption in public affairs.
  • The Lokpal provides a platform for prompt and impartial investigation and prosecution in cases of alleged corruption, with no restrictions on who can file a complaint.
  • India has signed the United Nations Convention against Corruption, showcasing the government’s commitment to clean and responsive governance through legislation and the establishment of the Lokpal body.

 

Selection Committee

  • Members are appointed by the President based on the recommendation of a Selection Committee, which includes the Prime Minister as the Chairperson, the Speaker of Lok Sabha, the Leader of Opposition in Lok Sabha, Chief Justice of India or a nominated Judge, and one eminent Jurist.
  • Selection Committee for Lokpal and Lokayuktas
  • The Selection Committee forms a search panel with a minimum of eight persons, with 50% of the members being from SCs, STs, OBCs, minorities, and women.

Composition and Eligibility

  • The Lokpal panel consists of a Chairperson and a maximum of eight members, with at least four being judicial members.
  • Chairperson Eligibility: Must have served as Chief Justice of India, a Supreme Court Judge, or a distinguished individual with expertise in anti-corruption policy, public administration, vigilance, finance, law, or management for at least 25 years. The term is 5 years or until the age of 70.
  • Judicial Member eligibility: Must have served as a Judge of the Supreme Court or as the Chief Justice of the High Court.
  • Other Members eligibility: Eminent persons with a minimum of 25 years of knowledge in anti-corruption policy, public administration, vigilance, finance, law, or management. At least half of the members must be from Scheduled Castes, Scheduled Tribes, other backward classes, minorities, and women.

 

5.Lokayuktas

  • It must be established by states to address allegations against their authorities.
  • All members of the State Government, including religious organizations, the Governor, Ministers, and MLAs, are under Lokayuktas’ purview.
  • States are required to appoint a Lokayukta within a year of the Lokpal Act taking effect, but only 16 states have constituted Lokayuktas.

Composition and Eligibility

  • The Chief Minister chooses a candidate for Lokayukta after consulting with the Chief Justice, Speaker, Chairman, and Leader of the Opposition.
  • Appointment made by the Governor.
  • Removal can only be done through an impeachment resolution.

Term of Office

  • Appointed by the President for five years or until the age of 70.

Salary and Allowances

  • The Chairperson's conditions are similar to the Chief Justice of India.
  • Members’ conditions are similar to a Supreme Court Judge.

Functions and Jurisdiction of Lokpal and Lokayukta

  • Lokpal investigates individuals who have been Prime Minister, a Minister in the Union Government, or a Member of Parliament, as well as officers in Groups A, B, C, and D of the Union Government.
  • Investigations into the Prime Minister are conducted in secret, and if rejected, the documents remain confidential.
  • Applies to Chairpersons, members, executives, and directors of boards, corporations, societies, trusts, or autonomous organizations created by an Act of Parliament and supported by the Union or State Governments.
  • Also applies to societies, trusts, or bodies accepting foreign gifts exceeding 10 lakhs.
  • Authority to recommend transfer or suspension of a public official accused of corruption.
  • Authority to issue orders prohibiting record destruction during preliminary investigation.
  • Powers of search and seizure, preliminary inquiries, investigations, asset attachment, and other anti-corruption measures.
  • Authority to supervise and instruct any central investigating agency, including the CBI.
  • Lokayuktas handle cases submitted to them by the Lokpal.

 

6.State Human Rights Commission (SHRC)

  • The establishment of State Human Rights Commissions is mandated by the Protection of Human Rights Act of 1993, with 26 states having constituted these commissions through official gazette notifications.
  • It can inquire into human rights violations within subjects specified in the Concurrent List (List-III) and List (List-II) of the Seventh Constitutional Schedule.
  • However, if NHRC is already addressing a rights violation, SHRC refrains from intervening.

Composition:

  • It comprises three members, including a Chairperson and two others.
  • The Chairperson is a High Court Judge or a retired Chief Justice of a High Court, while members can be serving or retired High Court Judges or a District Judge.

Appointment:

  • The Governor appoints the Chairperson, and members are selected based on committee recommendations led by the Chief Minister.
  • The committee includes the Speaker of the Legislative Assembly, the State Home Minister, and the leader of the opposition in the Legislative Assembly.

Tenure:

Chairperson and members serve for three years or until age 70, whichever is earlier.

Removal:

  • While the Governor appoints SHRC members, removal authority rests with the President, applicable on grounds like bankruptcy, unsound mind, infirmity, imprisonment, or engagement in paid employment.
  • Removal for proved misbehavior or incapacity requires a Supreme Court inquiry.

Functions:

  • Ensure the prevention of human rights violations and honest performance of duties by government officials.
  • Mediate pending legal proceedings related to human rights allegations.
  • Inspect state-controlled jails, analyze living conditions, and make recommendations.
  • Submit annual reports to the State Government, laid before the State Legislature.
  • Devise steps for effective implementation of constitutional and legal provisions safeguarding human rights.
  • Conduct research on human rights issues.
  • Promote human rights literacy and raise awareness about protective measures.
  • Encourage non-governmental organizations working in human rights.

 

7.National Commission for Minorities (NCM)

Established by the National Commission for Minorities Act, 1992, the NCM is a statutory body formed on May 17, 1993, recognizing six religious communities, namely Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis), and Jains, as minority communities.

 

8.National Commission for Women (NCW)

  • Established in January 1992 under the National Commission for Women Act of 1990, the National Commission for Women functions with the following objectives:
    • Review constitutional and legal safeguards for women.
    • Recommend legislative measures for redressal of grievances.
    • Advise the government on policy matters affecting women.
    • The Ministry of Women and Child Development of the Government of India serves as the nodal ministry for the commission. The first commission, formed on January 31, 1992, had Jayanti Patnaik as its inaugural Chairperson.

Composition:

  • A Chairperson nominated by the Central Government, dedicated to women’s causes.
  • Five Members nominated by the Central Government, selected for their ability, integrity, and experience in law, legislation, trade unionism, health, education, or social welfare.
  • At least one member each from the Scheduled Castes and Scheduled Tribes.
  • A Member Secretary nominated by the Central Government, an officer of Civil Services.
  • The Chairperson and members hold office for three years, with the option to relinquish at any time by addressing the Central Government.

Powers and Functions:

  • Investigate and examine matters related to the safeguards for women under the Constitution and other laws.
  • Recommend effective implementation of safeguards to improve women’s conditions.
  • Periodically review existing provisions of the Constitution and other laws affecting women, proposing amendments.
  • Take up cases of violation of women-related provisions with the appropriate authorities.
  • Address complaints and take Suo Moto notice of matters concerning women’s rights, non-implementation of protective laws, and the pursuit of equality and development objectives.
  • The commission has conducted surveys across States and UTs to assess the status of women and their empowerment.
  • The commission, equipped with the powers of a Civil Court during investigations, has organized workshops, expert committees, and awareness campaigns against female foeticide and violence against women.

 

9.National Commission for Protection of Child Rights

  • Established in March 2007 under the Commissions for Protection of Child Rights (CPCR) Act of 2005.

Composition:

  • The commission is comprised of a Chairperson and six members, with at least two being women.
  • The Central Government appoints them based on eminence, ability, integrity, standing, and experience in the fields of education, child healthcare, welfare, child development, and laws relating to children.

Powers and Functions:

  • The commission holds the power of a Civil Court during inquiries related to child rights.
  • It is mandated to ensure that all laws, policies, programs, and administrative mechanisms align with the child rights perspective in the Constitution of India and the UN Convention on the Rights of the Child.
  • The commission evaluates and assesses the safeguards for the protection of children’s rights in India under the current legal framework.
  • It reports to the Central Government as necessary on the operation of laws regarding child rights.
  • The commission studies factors hindering the enjoyment of children’s rights affected by various issues like terrorism, riots, natural calamities, communal violence, trafficking, HIV/AIDS, torture, exploitation, maltreatment, prostitution, and pornography.
  • It suggests remedial measures and investigates complaints, taking Suo Moto action on matters related to child rights violations and deprivations.
  • Additionally, it analyzes international agreements and treaties, examining current laws on children’s rights and protection and suggesting amendments when necessary.

 

10.National Commission for Persons with Disabilities:

  • Established under the Persons with Disabilities Act of 1995, this statutory body operates under the Ministry of Social Justice and Empowerment.

Composition:

  • The commission consists of 15 persons with eminence, ability, integrity, and concern for the community.

Powers and Functions:

  • It evaluates and assesses safeguards for the protection of disabled persons’ rights in India under the current legal framework, reporting to the Central Government as necessary on the operation of laws concerning the rights of persons with disabilities.
  • The commission aims to ensure inclusion and effective access to education, health, vocational training, and specialized rehabilitation services for children with disabilities.
  • It also works towards creating a barrier-free environment, enabling people with disabilities to move about safely and freely within the built environment.

11.Central Vigilance Commission (CVC):

  • Established in February 1964 on the recommendations of the Committee on Prevention of Corruption, the CVC advises and guides Central Government Agencies in the field of vigilance.
  • The Supreme Court, in the Vineet Narain and others v/s Union of India case, directed the Central Government to confer statutory status on the CVC, making it responsible for effective supervision of the functioning of the Central Bureau of Investigation (CBI).

Composition:

  • It is a multi-member body comprising a Chairperson and two vigilance commissioner members.
  • The President appoints the members as per the recommendation of a three-member committee consisting of the Prime Minister, the Union Minister of Home Affairs, and the leader of the opposition in the Lok Sabha.

Term of Office:

  • The Central Vigilance Commissioner shall serve a term of four years from the date of assuming office or until reaching the age of 65, whichever comes earlier.

Removal:

  • The President holds the authority to remove them if:
    • They are declared insolvent.
    • They are convicted of an offense involving moral turpitude.
    • They engage in any paid employment outside the duties of their office.
    • In the President’s opinion, they are unfit to continue in office due to infirmity of mind or body.
    • The President can also remove them for proven misbehavior or incapacity, subject to a Supreme Court inquiry. If the court upholds the cause of removal and advises so, the President can proceed with the removal.

 

Salary and Allowances:

  • The pay, benefits, and working conditions of the Central Vigilance Commissioner align with those of the Chairman of the UPSC, and the Vigilance Commissioner’s compensation is comparable to that of a UPSC member.
  • These terms cannot be altered during their term of employment.

Powers and Functions:

  • It is empowered to inquire into offenses under the Prevention of Corruption Act, 1988, based on references from the Central Government. It also investigates complaints against Group A and Group B officers of the Central Government.
  • It oversees the progress of applications pending for prosecution sanctions, exercises superintendence over vigilance administration in various ministries and organizations, and orders investigations into cases involving officials of Central Government Departments/Companies/Organizations.
  • It does not function as an investigating agency but may utilize the CBI or Departmental Chief Vigilance Officers for investigations. It has the authority of a Civil Court during investigations and supervises the vigilance administrations of Central Government Ministries, Departments, and Organizations.
  • The CVC, along with Vigilance Commissioners, plays a role in recommending the appointment of the Director of Enforcement, and the annual report on its performance is presented to the President, who, in turn, places it before each House of Parliament.

 

12.Central Bureau of Investigation (CBI):

  • It was established based on the recommendations of the Santhanam Committee on Prevention of Corruption, and serves as India’s premier investigating police agency.
  • Initially focused on government corruption and bribery, its jurisdiction expanded in 1965 to cover crimes involving multiple agencies, multi-state organized crime, and violations of central legislation enforced by the Government of India.
  • Although not a statutory body, the CBI operates under the Delhi Special Police Establishment Act, 1946, and functions under the supervision of the Central Vigilance Commission.
  • It comprises seven divisions, including Anti-Corruption, Economic Offences, Special Crimes, Policy and Coordination, Administration, Directorate of Prosecution, and Central Forensic Science Laboratory.

Composition:

  • A Director, typically an IPS officer holding the rank of Director General of Police, leads the CBI.
  • The appointment committee, consisting of the Prime Minister, the leader of the opposition in the Lok Sabha, and the Chief Justice of India or a nominated Supreme Court member, selects the Director.

Functions:

  • It can initiate investigations in Union Territories without a specific complaint (Suo Moto).
  • However, for investigations in states, the CBI requires the consent of the concerned State Government, unless directed by the Supreme Court or High Courts.
  • It can investigate cases under the Prevention of Corruption Act against public officials and employees of the Central Government, Public Sector Undertakings, Corporations, or Bodies owned or controlled by the Government of India, but its authority is subject to notification by the Central Government under the DSPE Act.

 

13.Central Information Commission

  • The breach of fiscal and economic laws, such as export and import control, customs, central excise, income tax, and foreign exchange regulations, is examined by an independent body known as the Central Information Commission (CIC)
  • Cases related to these matters are taken up either in consultation with or at the request of the concerned department.
  • It was established in 2005 under the Right to Information Act of 2005, addresses grievances and appeals concerning public sector organizations, financial institutions, and entities in the Union Territories.
  • It is not a constitutional body but plays a vital role in investigating complaints from individuals unable to submit information requests to a Central Public Information Officer or a State Public Information Officer.

Composition:

  • It is led by the Chief Information Commissioner, assisted by not more than ten Information Commissioners.
  • It holds office for five years, and the present commission comprises six members, excluding the Chief Information Commissioner.

Appointment:

  • The President appoints Commissioners based on the advice of a committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and a Union Cabinet Minister chosen by the Prime Minister.
  • Both the Chief Information Commissioner and an Information Commissioner hold office for a prescribed term or until they reach the age of 65, with no eligibility for reappointment.

Removal:

  • The President can remove the Chief Information Commissioner or any Information Commissioner under various circumstances, including insolvency, conviction of an offense involving moral turpitude, engagement in paid employment outside official duties, unfitness due to infirmity of mind or body, or acquisition of financial or other interests likely to affect official functions.
  • Additionally, removal can occur on grounds of proven misbehavior or incapacity, following an investigation referred to the Supreme Court.

Powers and Functions:

  • The commission possesses summoning and document-requirement authority equivalent to a Civil Court during investigations. It can order investigations based on sufficient grounds (Suo Moto power).
  • The annual report on the implementation of act provisions is submitted to the Central Government, and presented before each House of Parliament.
  • During complaint inquiries, the commission can examine any record under the control of the public authority and recommend steps for compliance, including the appointment of a Public Information Officer where necessary.

 

14.Right to Information Act

  • It Act grants individuals the right to seek and receive information and ideas on any issue through any media without boundaries
  • Initially ratified in 1948 with the Universal Declaration of Human Rights, the RTI Act saw an amendment in 2005 to uphold the right to freedom of expression and communication of ideas, as established in the 1966 International Covenant on Civil and Political Rights.
  • In India, a system was established to facilitate the exchange of information and ideas among citizens as a fundamental right. The Act empowers citizens to question the government’s functioning, promoting transparency and accountability.

Key Provisions of the Act:

  • Section of the RTI Act mandates Suo Moto disclosure of information by every public authority.
  • Section 8(1) outlines exemptions against furnishing information under the RTI Act.
  • Section 8(2) allows for the disclosure of information exempted under the Official Secrets Act, 1923, if it serves a larger public interest.

Amendments of the RTI Act, 2005:

  • Section 2(h) defines ‘Public Authorities,’ including organizations under the jurisdiction of Union, State, or Local bodies and civil organizations primarily funded by citizens’ funds.
  • Section 4-1(b) requires the working government to have updated information available for sharing when needed.
  • Section 6 provides a simple procedure for citizens to obtain information under the RTI Act.
  • Section 7 specifies a time period for the government to provide information to citizens.

15.State Information Commission:

  • The RTI Act allows for the creation of both the Central Commission and State Information Commissions at the state level.
  • All states have constituted State Information Commissions through Official Gazette Notifications.
  • It is a powerful independent authority that investigates complaints and decides on appeals involving businesses, financial institutions, and other public sector entities under the jurisdiction of the relevant State Government.

Composition:

  • The commission comprises a State Chief Information Commissioner and up to ten State Information Commissioners appointed by the Governor based on the committee’s recommendation, including the Chief Minister, Leader of Opposition in the Legislative Assembly, and a State Cabinet Minister nominated by the Chief Minister.

Tenure and Removal:

  • The State Chief Information Commissioner and State Information Commissioners hold office for five years or until they reach the age of 65, with no eligibility for reappointment.
  • The Governor can remove them under similar grounds as the CIC.
  • Their salary, allowances, and service conditions are prescribed by the Central Government and cannot be varied to their disadvantage during service (RTI Amendment, 2019).

Powers and Functions:

  • During the investigation of a complaint, the commission has the authority to examine any record under the custody of the public authority, and no record can be withheld for any reason.
  • The commission submits an annual report to the State Government on implementing the Act’s provisions, which is then presented to the State Legislature by the State Government.
  • If there are reasonable grounds, the commission may order an investigation into any matter and has the jurisdiction to compel the public authority to follow its conclusions.
  • Additionally, the commission has the power to ensure compliance with its decisions from the public authority, which includes providing access to information in a specific form and directing the appointment of a Public Information Officer if none exists.

16.National Green Tribunal:

  • Established on October 18, 2010, under the National Green Tribunal Act 2010, the National Green Tribunal (NGT) efficiently handles matters related to environmental protection, forest preservation, and natural resource conservation.
  • It is a specialized body created to swiftly resolve disputes affecting environmental concerns.
  • With the establishment of the NGT, India became the first developing nation and the third country globally, after Australia and New Zealand, to establish a specialist environmental tribunal.

Composition of NGT:

  • It comprises the Chairperson, Judicial members, and expert members, appointed for a five-year term with no eligibility for re-appointment.
  • The Chairperson is appointed by the Central Government in collaboration with the Chief Justice of India (CJI).
  • A Selection Committee appointed by the National Government appoints the judicial and expert members. The tribunal must have between 10 and 20 full-time judicial and expert members.

Powers and Jurisdiction:

  • The tribunal has jurisdiction over all civil matters containing significant environmental questions, including the enforcement of legal rights related to the environment.
  • The NGT, with (Suo Moto) authority, can address environmental matters nationwide. Its role is not only adjudicatory but also preventive, compensatory, or remedial. The NGT has appellate jurisdiction and is not bound by the procedural rules of the Code of Civil Procedure 1908 but is guided by principles of ‘natural justice.
  • It can provide relief and compensation to victims of pollution and environmental damage, restoring damaged property and the environment in specific areas as deemed fit by the tribunal.
  • Moreover, the NGT Act outlines a process for punishment in case of non-compliance, with a potential sentence of up to three years of imprisonment, a fine exceeding ten crore rupees, or both. An appeal against the order, decision, or award of the NGT can be made to the Supreme Court, typically within ninety days from the date of communication. The NGT handles civil cases related to seven environmental laws, which include:
    • The Water (Prevention and Control of Pollution) Act, 1974
    • The Water (Prevention and Control of Pollution) Cess Act, 1977
    • The Forest (Conservation) Act, 1980
    • The Air (Prevention and Control of Pollution) Act, 1981
    • The Environment (Protection) Act, 1986
    • The Public Liability Insurance Act, 1991

 

 

 

How is the National Green Tribunal (NGT) different from the Central Pollution Control Board (CPCB)? (2018)

 

What is a quasi-judicial body? Explain with the help of concrete examples.

1.The NGT has been established by an Act whereas the CPCB has been created by an executive order of the Government.

2.The NGT provides environmental justice and helps reduce the burden of litigation in the higher courts whereas the CPCB promotes cleanliness of streams and wells, and aims to improve the quality of air in the country.

 

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

 

Answer B