PSIR Syllabus : Statutory Institutions/Commissions : Election Commission, Comptroller and

Auditor General, Finance Commission, Union Public Service Commission, National Commission
for Scheduled Castes, National Commission for Scheduled Tribes, National Commission for
Women; National Human Rights Commission, National Commission for Minorities, National
Backward Classes Commission
Underlying idea about the commissions:
In present time, the concept of governance is changing. There is an increase in realisation that
government alone cannot provide good governance. Governance is changing from ‘government
centric to citizen centric’. Without involvement of civil society, it is not possible to ensure
transparency and accountability. Even policy making is becoming so complex and
multidimensional that inputs from bureaucracy is not sufficient.
Hence, keeping above requirement in mind, government of India has created certain bodies like
NHRC, NCM etc. They are expected to perform the role as –

• Watchdog bodies
• Grievance Redressal Mechanism along with Judiciary
• They have the functions that which are of investigative, evaluative, monitoring,
consultative in nature
• They are expected to promote the consciousness in the field of civil rights, human rights
• They promote research and are expected to work in a close cooperation with civil society
The unique nature of these bodies in India is that , they are part of the governmental
institutions, depend on government for funds, functions, functionaries; but at the same time
they have to act as an institution to ensure accountability, answerability.
Some of the commissions like NHRC, National Commission on Minority etc. is a part of evolving
international law, treaties etc., whereas commissions like for SC and ST have their origin in the
Indian constitution itself.
Though government of India has created such an infrastructure but they are often called as
‘Malnourished child of government of India’.
National Human Rights Commission(NHRC)
• Statutory
• Established in 1993
• Protection of Human Rights Act(PHRA),
1993
• Objectives
o To strengthen the institutional
arrangements through which human
rights issues could be addressed
o To look into allegations of excesses,
independently of the government, in a
manner that would underline the
government’s commitment to protect
human rights.

• Composition: As per Protection of Human Rights Act, 1993

o A Chairperson who has been a CJI or a Judge of the SC.
o 1 Member who is, or has been, a Judge of the Supreme Court;
o 1 Member who is, or has been, the Chief Justice of a High Court;
o 3 Members out of which at least one shall be a woman to be appointed from
amongst persons having knowledge of, or practical experience in, matters
relating to human rights
o The Chairpersons of
1. the National Commission for Backward Classes,
2. the National Commission for Minorities,
3. the National Commission for Protection of Child Rights
4. the National Commission for the Scheduled Castes,
5. the National Commission for the Scheduled Tribes
6. the National Commission for Women and
7. the Chief Commissioner for Persons with Disabilities
o There shall be a Secretary-General who shall be the CEO of the Commission and
shall, subject to control of the Chairperson, exercise all administrative and
financial powers.
Appointment of Chairperson and other Members
As per Protection of Human Rights Act, 1993

• The Chairperson and the Members shall be appointed by the President by warrant under
his hand and seal after obtaining the recommendations of a Committee consisting of
 1. The Prime Minister→Chairperson;
2. Speaker of the House of the People
3. Minister in-charge of the Ministry of Home Affairs in the Government of India
4. Leader of the Opposition in the House of the People
5. Leader of the Opposition in the Council of States
6. Deputy Chairman of the Council of State
Resignation and removal of Chairperson and Members

• The Chairperson or any Member may resign by writing to the President of India.
• The Chairperson or any Member shall only be removed from his office by order of the
President of India on the ground of proved misbehaviour or incapacity after the Supreme
Court, on reference being made to it by the President, has, on inquiry by the Supreme
Court.
• The President may remove the Chairperson or any Member:
o is adjudged an insolvent; or
o engages during his term of office in any paid employment outside the duties of
his office; or
o is unfit to continue in office by reason of infirmity of mind or body; or
o is of unsound mind and stands so declared by a competent court; or
o is convicted and sentenced to imprisonment for an offence which in the opinion
of the President involves moral turpitude.
Term of office of Chairperson and Members
A person appointed as Chairperson shall hold office for a term of three years from the date on
which he enters upon his office or until he attains the age of seventy years, whichever is earlier
and shall be eligible for re-appointment.
A person appointed as a Member shall hold office for a term of three years from the date on
which he enters upon his office and shall be eligible for re-appointment. No Member shall hold
office after he has attained the age of seventy years.
On ceasing to hold office, a Chairperson or a Member shall be ineligible for further employment
under the Government of India or under the Government of any State.
Functions of the Commission are:
o 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.
o To intervene in any proceeding involving allegation of violation of human rights pending
before a court.
o To visit jails and detention places to study the living conditions of inmates and make
recommendation thereon.
 o To review the constitutional and other legal safeguards for the protection of human
rights and recommend measures for their effective implementation.
o To review the factors including acts of terrorism that inhibits the enjoyment of human
rights and recommend remedial measures.
o To study treaties and other international instruments on human rights and make
recommendations for their effective implementation.
o To undertake and promote research in the field of human rights.
o To spread human rights literacy among the people and promote awareness of the
safeguards available for the protection of these rights.
o To encourage the efforts of nongovernmental organisations (NGOs) working in the field
of human rights.
o To undertake such other functions as it may consider necessary for the promotion of
human rights.
Analysis
NHRC is an expression of India’s concern for protection of human rights.
In 1993 the Indian govt. passed the protection of human rights act which defined human rights
more broadly to include legally recognized rights under domestic laws including fundamental
rights but also talks about rights recognized under international conventions which are yet to be
domestically recognized or constitutionalized.
Under the PHRA act 1993 and in accordance with the ‘Paris principles’,
an organization which
A. Could play an advisory role with respect to govt. policies
B. Must or could monitor allegations of violation of human rights by
the state.
C. Must be independent and autonomous with a pluralistic
composition.
The NHRC was also formed in 1993 in accordance with above ideas.
Achievements of NHRC
1. Chakma refugees: In 1998 the NHRC recommended against the deportation of Chakma
refugees and argued that it violates their right to life.
Ultimately forcing the state to withdraw from
considering deportation.
2. TADA and POTA Act: NHRC argued against granting
vast policing powers over terror related matters to be
covered under TADA and POTA act. NHRCs
recommendations became a crucial component in the
SC striking down these acts as unconstitutional
 3. 2002 Gujrat riots: It saw NHRC recommending the transfer of cases of riot victims from
Gujrat to other states on NHRCs findings about the atmosphere of fear and intimidation
that could deny a fair trial to the victims.

Issues related to NHRC

Justice V R Krishna Iyer called NHRC as “the biggest post office in India”
(forwarding complaints to the government and its replies to
complainants).
Famous lawyer Rajeev Dhavan said it had
“assumed a stance far too grandiose not
commensurate with its resources and internal
will” and was “a mere showpiece to convince the world that the
government is committed to human rights protection.”
I. The autonomy of NHRC has been a matter of concern as it is dependent for its
administrative and financial requirements upon the law ministry.
II. The commission is not eligible to enquire into any matter after one year from the date of
occurrence of the incident. Many activists have argued that this is too small a time
period where oppressed individual or groups may be facing an immediate threat to their
lives and thus may not be willing to report these violations.
III. The advice of the NHRC is merely recommendatory and not binding. The Commission
cannot penalize any authority or department for not following its orders or directions.
IV. The overlapping nature of the jurisdiction between NHRC and other agencies can often
lead to a situation where victims of human rights violations may find it tough to obtain
grievance redressal by approaching any one agency.
V. Lack of Jurisdiction: The NHRC is failing at primarily reaching all the parts of the
country.Eg- Jammu and Kashmir.
VI. Shortcomings in Investigations: The NHRC does not have the means to carry out any
investigations with its own agenda and mode, but has to redirect such a request to the
Central or State Government so that they can appoint an Officer to undertake such an
investigation. Further, the time limit placed on the investigation hampers the working
of the NHRC, since they can only investigate a case for one year after its admission in the
Commission. This affects the work and quality of investigation undertaken by the NHRC,
and a great number of grievances may go unaddressed.
VII. Ceremonial Figure: The NHRC is commonly treated as a post-retirement platform for
judges, officers and bureaucrats.
VIII. Inadequacy of funds severely compromises its activities.
IX. Excess representation of judges and lack of human right experts and civil liberty
experts.Further, its functioning is bureaucratic, as most of the members in it are there
due to their political clout.
Recommendations for NHRC
The Human Rights Commission has the powers of a civil court, and proceedings before it are
deemed to be judicial proceedings. This provides strong reasons for its findings to be treated —
at the very least — as quasi-judicial, and binding upon the state .
The commission should be empowered to provide interim and immediate relief including
monetary relief to the victim. The commission should be empowered to punish the violators of
human rights, which may act as deterrent to such acts in the future.
The interference of the government and other authorities in the working of commission should
be minimum as it may influence the working of commission.
Armed forces: The definition should be restricted to only army, navy, and air force. Further, even
in these cases the Commission should be allowed to independently investigate cases of violation
of rights.
Commission’s membership: Members of NHRCs should include civil society, human rights
activists, etc. rather than only ex-bureaucrats.
Amending law: Misuse of laws by the law enforcing agencies is often the root cause of human
right violations. So, the weakness of laws should be removed and those laws should be amended
or repealed if they run contrary to human rights.
Independent Staff: NHRC should have its independent investigating staff recruited by itself,
rather than the present practice of deputation.
Conclusion:
NHRC began its journey with much promise. But along the way, it seems to have lost all its
teeth. Over the years, there have been cases of human rights abuse across the country,
particularly in Jammu and Kashmir, Chhattisgarh, Jharkhand and the northeast region which
prompted its contemporary chief HL Dattu to call it as "toothless tiger".
SOLI SORABJEE, former Attorney General called NHRC as ‘TEASING ILLUSION’.
NHRC needs immediate changes like making it obligatory for the government to immediately
enforce the decisions of NHRC. It also needs to undergo diversification of scope and potential
pool of members of NHRC by ensuring greater representation of women in the governing body
of NHRC.
National Commission for Women(NCW)
• Statutory body
• set up in January 1992
• National Commission for Women Act, 1990
• TOWARDS EQAULITY REPORT, 1974 was the source of
inspiration to introduce the NCW
• The Committee on the Status of Women in India (CSWI)
recommended the setting up of a NCW→ First
Commission was constituted on 31st January 1992 with
Mrs. Jayanti Patnaik as the Chairperson.

Constitution of the National Commission for Women

The Commission consists of
• a Chairperson to be nominated by the Central Government
• Five Members to be nominated by the Central Government from amongst persons of
ability, integrity and standing who have had experience in the field.
• At least one Member each from amongst persons belonging to the Scheduled Castes and
Scheduled Tribes
• a Member-Secretary to be nominated by the Central Government, who is
o an expert in the field of management, organisational structure or sociological
movement, or
o an officer who is a member of a civil service of the Union or of an all-India service
or holds a civil post under the Union with appropriate experience.

• FUNCTIONS OF THE COMMISSION

o investigate and examine all matters relating to the safeguards provided for
women under the Constitution and other law;
o present to the Central Government, annually and at such other times as the
Commission may deem fit, reports upon the working of those safeguard
o make in such reports recommendations for the effective implementation of those
safeguards for improving the conditions of women by the Union or any State;
o review, from time to time, the existing provisions of the Constitution and other
laws
o take up the cases of violation of the provisions of the Constitution and of other
laws relating to women with the appropriate authorities;
o look into complaints and take suo moto notice of matters in certain cases.
o undertake promotional and educational research
o inspect jail, remand home, women’s institution or other place ofcustody

• NCW Report
 o Central Government lays before each House of Parliament the reports along with
a memorandum explaining the action taken or proposed to be taken on the
recommendations relating to the Union and the reasons for the non-acceptance.
o Where any State Government is concerned, the Commission forwards a copy of
such report to the State Government who shall cause it to be laid before the
Legislature of the State along with a memorandum explaining the action taken or
proposed to be taken on the recommendations relating to the State and the
reasons for the non-acceptance, if any, of any of such recommendations.
• Power of a Civil Court
o The Commission shall, while investigating , have all the powers of a civil court
▪ summoning and enforcing the attendance of any person from any part of
India and examining him on oath;
▪ requiring the discovery and production of any document;
▪ receiving evidence on affidavits;
▪ requisitioning any public record or copy thereof from any court or office;
▪ issuing commissions for the examination of witnesses and documents;
and
▪ any other matter which may be prescribed.
Analysis
Crime against women: National Crime Record Bureau’s “Crime in India” 2019
▪ CRIMES AGAINST women increased 7.3 per cent from 2018 to 2019.
▪ Uttar Pradesh(14.7%) reported the highest number of cases
▪ Assam reported the highest rate of crimes against women (per lakh
population)
▪ UP also had the highest number of crimes against girl children under the
POCSO Act
▪ UP had the highest number of dowry cases
▪ National Commission for Women recorded a rise in complaints since the start
of lockdown
Constitutional Provision
The principle of gender equality is enshrined in the Indian Constitution in its Preamble,
Fundamental Rights, Fundamental Duties and Directive Principles.
The Constitution not only grants equality to women, but also empowers the State to adopt
measures of positive discrimination in favour of women. India has also ratified various
international conventions and human rights instruments committing to secure equal rights of
women like the Convention on Elimination of All Forms of Discrimination against Women
(CEDAW) in 1993.
Assessment of the Role of NCW
Achievements of the Commission
The commission was successful in securing the release of female who were allegedly gang raped
by BSF personnel in early 2002.
The ‘Legal cell’ of the commission has recommended modifications in a number of acts and
proposed a number of new bills. It has recommended amendments to Hindu Manage Act,
medical termination of pregnancy act and Indian Penal Code on Adultery to make it a civil
offence.
The Commission has initiated various steps to improve the status of women and worked for
their economic empowerment.
NCW acts suo-moto in several cases to provide speedy justice. It has taken up the issue of child
marriage, sponsored legal awareness programmes, Parivarik Mahila Lok Adalats and reviewed
laws such as Dowry Prohibition Act, 1961, PNDT Act 1994, Indian Penal Code 1860 and the
National Commission for Women Act, 1990 to make them more stringent and effective.
It has organized workshops/consultations, constituted expert committees on economic
empowerment of women, conducted workshops/seminars for gender awareness and took up
publicity campaign against female foeticide, violence against women etc.
Issues with NCW

• Constitutional Weakness: NCW has been constituted as a less powerful body . The NCW
suffers from Organisational infirmity as it has two centres of power :
o The Chairman
o The Member Secretary
• Structural Issues as impacting on the Autonomous Functioning of the Commission:
o The composition of the Commission is exclusively determined by the Central
Government. This has resulted in politicised appointments to the Commission
leading to political control over the Commission by ruling parties. Political control
has come in two ways:
▪ the manner of its composition with political nominees of political parties
becoming the chairpersons and members of the Commission and,

o Despite being statuted as an autonomous body, in terms of its financial and

administrative powers, the Commission remains subordinated to bureaucracy.
NCW gets their funds and functionaries from the govt.,thus hesitate from being critical against
govt. Politicized nature of NCW is evident from the fact that it took a pro-govt stand in Gujarat
riots.
Controversies
1. In 2002, when there was large-scale sexual violence against Muslims for a good two
months in Gujarat, the NCW did not send its team. Subsequently, its team gave the
strange finding that no particular community was targeted and there was no sexual
violence.
2. In the case of public molestation of a young girl in Guwahati on July 10, 2012, the then
chairperson blamed the victim when she said that "Be careful about how you dress…
aping the West blindly is eroding our culture and causing such crimes to happen."
3. In 2012, the NCW head had said in Jaipur that “if a group of boys’ eve-teases you by
calling you sexy, you should not get provoked and instead you should take it positively.”
4. The approach of NCW in Manorama Devi case, Soni Suri case, in Muzaffarpur shelter
home case and very recently in Hathras has not been satisfactory.
5. A former NCW head, very irresponsibly accused women of crying rape to settle property
disputes and to claim compensation.
Sadhana Arya in her article titled “National Commission For Women: Its Overview And
Performance” published in EPW, has highlighted that :
1. The present composition is not in the manner suggested by the women organisations
2. The selection process is not transparent and number of times such persons are appointed
which themselves reflect patriarchal attitude
3. Women organisations has showed huge dissatisfaction with response of national
commission on women
4. It is because of the quality of the members, NCW fails to gain credibility.
Way Forward
The Commission must be granted the power of choosing its members. The members should be
chosen with no prejudice and will have a good knowledge of the law and understand society and
human behaviour. The selection of the chairperson and members should be transparent and
democratic.
It is high time government should take to empower the institution to address the interest of
women in India in line with the constitutional commitment of gender justice
National Commission for Minorities (NCM)
The concept of democracy is based on the maxim of “majority rule and minority rights” which
suggests that even governments elected by a popular majority
are obliged to protect minority rights.
Genesis of NCM
The setting up of Minorities Commission was envisaged in the
Ministry of Home Affairs Resolution of 1978 which specifically
mentioned that, "despite the safeguards provided in the
Constitution and the laws in force, there persists among the
Minorities a feeling of inequality and discrimination. Thus
effective institutional arrangements are urgently required for the enforcement and
implementation of all the safeguards provided for the Minorities.
In 1984 the Minorities Commission was detached from Ministry of Home Affairs and placed
under the newly created Ministry of Welfare.
With the enactment of the National Commission for Minorities Act, 1992, the Minorities
Commission became a statutory body and renamed as National Commission for Minorities.
Minority communities - the Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis),
Jains (2014).These six religious minority communities constitute about 22 % of the country’s
population.
Constitution of the National Commission for Minorities
The Commission consists of a Chairperson, a Vice-Chairperson and five Members to be
nominated by the Central Government from amongst persons of eminence, ability and integrity.
The five Members including the Chairperson shall be from amongst the minority communities.
Functions of the Commission
The Commission performs all or any of the following functions, namely:--
1. evaluate the progress of the development of minorities under the Union and States;
2. monitor the working of the safeguards provided in the Constitution and in laws enacted
by Parliament and the State Legislatures;
3. make recommendations for the effective implementation of safeguards for the
protection of the interests of minorities by the Central Government or the State
Governments;
4. look into specific complaints regarding deprivation of rights and safeguards of the
minorities and take up such matters with the appropriate authorities;
5. cause studies to be undertaken into problems arising out of any discrimination against
minorities and recommend measures for their removal;
 6. conduct studies, research and analysis on the issues relating to socio-economic and
educational development of minorities;
7. suggest appropriate measures in respect of any minority to be undertaken by the Central
Government or the State Governments;
8. make periodical or special reports to the Central Government on any matter pertaining
to minorities and in particular difficulties confronted by them; and
9. any other matter which may be referred to it by the Central Government.
The Central Government puts the recommendations of NCM before each House of Parliament
along with a memorandum explaining the action taken or proposed to be taken on the
recommendations relating to the Union and the reasons for the non-acceptance, if any, of any
of such recommendations.
If the recommendations concerns with any State Government, the report is laid before the
Legislature of the State along with a memorandum explaining the action taken or proposed to
be taken on the recommendations relating to the State and the reasons for the non-acceptance,
if any, of any of such recommendation .
The Commission have all the powers of a civil court, while trying a suit and in particular, in
respect of the following matters, namely:--
1. summoning and enforcing the attendance of any person from any part of India and
examining him on oath;
2. requiring the discovery and production of any document;
3. receiving evidence on affidavits;
4. requisitioning any public record or copy thereof from any court or office;
5. Issuing commissions for the examination of witnesses and documents.
Analysis
The success of a pluralistic democracy, like India, lies in the extent to which rights of different
vulnerable sections of the society can be protected.
With respect to the NCM, aggrieved persons belonging to the minority communities may
approach the NCM for redressal of their grievances.
Challenges faced by NCM and suggestions
Despite the safeguards provided in the constitution and institutional mechanism present, there
persists among minorities a feeling of insecurity, inequality & discrimination.
In 2004, the standing committee on social justice and empowerment, headed by Sumitra
Mahajan, made specific recommendations to strengthen the NCM, highlighting its insufficient
investigative powers.
Section 13 of the National Commission for Minorities (NCM) Act, 1992 mandates that the
annual report, together with the memorandum of action taken on the recommendations
contained therein, as well as the reasons for non-acceptance of the recommendations, if any, be
tabled before Parliament annually. These reports have not been tabled in Parliament since
2010.
The following are the challenges faced by NCM
A. Capacity related challenges – It includes
a. Human resources deficiency (inconsistencies in staffing & appointments of key
officials in NCM)
b. Limited role of state-level minority commissions (lack of integration of minority
commissions in state with the NCM and only 2/3rd of Indian states with minority
commissions)
c. Underutilization of technology- while NCM utilizes a complaint monitoring
system, it doesn’t by itself facilitate an end-to-end complaint handling
mechanism.
B. Financial planning & Expenditure related challenges
While conducting studies, research & analysis on issues related to socio-economic and
education development of minorities is one of the key mandates of NCM, only a small
proportion of the allocated budget is spent in research activities, which obstructs the
achievement of mandate of the commission. I
C. Legal & constitutional authority related challenges
a. Like other commissions, NCM haven’t been provided with any ‘teeth’ in terms of
their legal capacity to act their mandate.
b. Absence of constitutional power to conduct independent enquiries in cases of
transgression of minorities rights render the commission legally incapacitated to
fulfil its duty.
Former Vice-president Hamid Ansari held that despite the safeguards provided in the
Constitution and the laws in force, there persists a feeling of inequality and discrimination
among the minorities. He called for stronger safeguards and equal opportunities for
minorities.He blamed lack of will and tardy responses from the state agencies concerned for this
state of affairs.
Wajahat Habibullah, former chairperson of the NCM, believes that not having a chairperson in
certain minority institutions will further these problems as it reduces the effectiveness of such
commissions. These institutions are important for the country because they allow for venting of
minorities’ grievances.
Recommendations
 A. NCM should evaluate the performance of its members based on specific performance
criterion, to ensure accountability, such as number of decisions taken, disposal rate of
case in stipulated time etc.
B. To reduce pendency of cases at the organizational level, NCM should set certain baseline
targets related to the pendency rates.
C. At regular intervals, conducting a staffing needs assessment to address problem of
vacant positions in the membership
D. NCM should develop a feedback mechanism regarding how their appeal was processed,
irrespective of the decision made. This will help in effective public service.
E. Expanding the role of state minorities’ commissions by strengthening them and setting
up required state commissions, can help in reducing the pendency rates and increasing
hearings effectiveness of the commission.
In the era of populist majoritarianism that render minority rights ignored the NCM has the
potential to rise as an institution that can serve as the beacon of minority rights, especially in
diverse county like India, which is constantly face with trial of proving, its resilience &
commitment to idea of ‘Unity in diversity’.

NATIONAL COMMISSION FOR SCHEDULED CASTES

• Constitutional body
• Article 338

EVOLUTION OF THE COMMISSION

Originally, Article 338 of the Constitution provided for the appointment of a Special Officer for
Scheduled Castes (SCs) and Scheduled Tribes (STs) to investigate all matters relating to the constitutional
safeguards for the SCs and STs and to report to the President.
65th Constitutional Amendment Act of 1990 provided for the establishment of a high level multi-
member National Commission for SCs and STs in the place of a single Special Officer for SCs and STs.

The 89th Constitutional Amendment Act of 2003 bifurcated the combined National Commission for SCs
and STs into two separate bodies, namely,

1. National Commission for Scheduled Castes (under Article 338)

2. National Commission for Scheduled Tribes (under Article 338-A).

Composition

1. A chairperson
2. A vice-chairperson
3. 3 other members.

They are appointed by the President by warrant under his hand and seal

FUNCTIONS OF THE COMMISSION

1. To investigate and monitor all matters relating to the constitutional and other legal safeguards
for the SCs and to evaluate their working;
2. To inquire into specific complaints with respect to the deprivation of rights and safeguards of the
SCs;
3. To participate and advise on the planning process of socioeconomic development of the SCs and
to evaluate the progress of their development under the Union or a state;
4. To present to the President, annually and at such other times as it may deem fit, reports upon
the working of those safeguards;
5. To make recommendations as to the measures that should be taken by the Union or a state for
the effective implementation of those safeguards and other measures for the protection, welfare
and socio-economic development of the SCs; and
6. To discharge such other functions in relation to the protection, welfare and development and
advancement of the SCs as the president may specify.

REPORT OF THE COMMISSION

The commission presents an annual report to the president. It can also submit a report as and when it
thinks necessary. The President places all such reports before the Parliament along with a memorandum
explaining the action taken on the recommendations made by the Commission. The memorandum
should also contain the reasons for the non-acceptance of any of such recommendations.

POWERS OF THE COMMISSION

The Commission is vested with the power to regulate its own procedure. The Commission, while
investigating any matter or inquiring into any complaint, has all the powers of a civil court trying a suit
and in particular in respect of the following matters:

o summoning and enforcing the attendance of any person from any part of India and
examining him on oath;
o requiring the discovery and production of any document;
o receiving evidence on affidavits;
 o requisitioning any public record from any court or office;
o issuing summons for the examination of witnesses and documents; and
o any other matter which the President may determine.

The Central government and the state governments are required to consult the Commission on all major
policy matters affecting the SCs.

The Commission is also required to discharge similar functions with regard to the Anglo-Indian
Community as it does with respect to the SCs. In other words, the Commission has to investigate all
matters relating to the constitutional and other legal safeguards for the Anglo-Indian Community and
report to the President upon their working.

Till 2018, the commission was also required to discharge similar functions with regard to the other
backward classes (OBCs). It was relieved from this responsibility by the 102nd Amendment Act of 2018.

“Political will to end the scourge of caste discrimination is needed at all levels of government
to alter traditional attitudes and turn well-meaning laws into reality.”
Human Rights Watch

ANALYSIS: The Commission is vested with the power to regulate its own procedure. The Commission,
while investigating any matter or inquiring into any complaint, has all the powers of a civil court.

NCSC has classified the safeguards into 5 broad categories:

1. Social
2. Economic
3. Educational and cultural
4. Political
5. Service

Out of all, service safeguard wing is most active. However, an important area of concern is atrocities
under Dalits. It has been alleged that there are delays in conducting the inquiry and the commission
tends to affirm the position of the government. It is hardly surprising because complains are routinely
referred to the same authorities who are accused of being complicit in perpetuation or implicit in cover
up operations. The commission has also not conducted any detailed study in above context.

Since it has primarily concerned itself with service matters and so criticised for having elitist biasness. It
has been in complete contrast to its approach towards atrocities. In the context of Hathras incident,
commission appeared to be a toothless body. A petition has been filed in the SC mentioning that the
office of Chairman and vice-chairman along with other members remain vacant. In the absence of such
office bearers, the commission is run by bureaucracy, which makes it toothless and victim, remedy less.

Even when the members are appointed, it seems that there is a lack of institutionalisation in the
procedures of appointment has resulted into the spoils system. Since its decisions are not mandatory,
only recommendatory, it can be effective only when responsible authorities take timely steps to
implement the recommendations. Unfortunately, there is a lack of regularity with respect to even
presentation of the report to the parliament. Even when the reports are tabled, they are not discussed.
Second ARC acknowledges the above problem and has recommended the creation of a separate
parliamentary committee for all commissions for deliberations to improve parliamentary oversight and
ensure parliamentary effectiveness. Even the quality of reports along with quality data matter , so steps
for capacity building of the persons are required.

It appears as if there is an inadequate understanding of the significance of the institution among the
members of executive. An institutionalised mechanism for appointing the members to make it
autonomous of the government is essential. The commission also has to change its priorities which are
visibly tilted in favour of the elite class. Commission has to engage in internal evaluation, redefine its
goal to accomplice the spirit for which it exist the constitution.

It has been suggested that there is a need to strengthen legal and judicial protection for Dalits, need to
develop standard operating procedures, capacity building of judges, lawyers . Government and the
commissions are only part of the solution, so what is required is more effective involvement of civil
society.

FOR FURTHER STUDY: https://indianexpress.com/article/opinion/towards-a-dalit-future-national-

commission-for-scheduled-castes6516851/

NATIONAL COMISSION FOR SCHEDULED TRIBES (NCST)

• Constitutional body
• Article 338-A.
• The National Commission for SCs and STs came into being consequent upon passing of the 65th
Constitutional Amendment Act of 1990
• Presents an annual report to the president.

Background: In the original constitution, the article 338 provided for special officers for SCs and STs to
protect their interests and evaluate their progress in the country.
 o In 1988, union government initiated the 65th constitutional amendment act after finding that
the institutional support was insufficient.
o In 1990 National commission for SC and ST was established as constitutionally approved
institution to protect interest of SCs & STs.
o Later in 2003, 89th constitutional amendment act replaced the National commission for SC and
ST with two separate commission.
❖ Article 338 established NCSC.
❖ Article 338(A) establishes NCST
• Composition: Chairperson, vice chairperson and 3 full time members including one woman member.
• Function: Article 338(5) & 338(A)(5) lists the functions of NCSC & NCST.
❖ To investigate and monitor all matters relating to the safeguards provided for the
Scheduled Castes/Tribes under this Constitution or under any other law for the time being in
force or under any order of the Government and to evaluate the working of such
safeguards.
❖ To inquire into specific complaints with respect to the deprivation of rights and safeguards
of the Scheduled Castes/Tribes.
❖ To participate and advise on the planning process of socio-economic development of the
Scheduled Castes/Tribes and to evaluate the progress of their development under the Union
and any State.
❖ To present to the President, annually and at such other times as the Commission may deem
fit, reports upon the working of those safeguards.
❖ To make in such reports recommendations as to the measures that should be taken by the
Union or any State for the effective implementation of those safeguards and other
measures for the protection, welfare and socio-economic development of the Scheduled
Castes/Tribes.
❖ To discharge such other functions in relation to the protection, welfare and development
and advancement of the Scheduled Castes/Tribes as the President may, subject to the
provisions of any law made by Parliament, by rule specify.
• SC ST Prevention of Atrocities Act 1989: The act prohibits the commission of offences against
members of SC and ST and establishes special courts for such offences and rehabilitation of victims.
❖ It defines atrocities as being forced to:
o Eat or drink something offensive.
o Parading an individual naked.
o Sexually assaulting a woman.
o Forced to leave house or village.
❖ They are termed atrocities, only when committed by non-SC/ST member against SC/ST
individual.
❖ The offences registered under the act are cognisable offences with no requirement for the
police to obtain a warrant against an errant individual. Moreover, it is a non-bailable offence
under which bail can be denied.
❖ The punishment under the act ranges from a minimum of 6 months to 5 years.
❖ Under the act, public officials, if failed to uphold the act or neglect its implementation, it can
become a ground for punitive action against them including a jail term upto 1 year.
❖ Act also talks about the need for the state to ensure the rehabilitation of the victims.
 • Analysis: it suffers from similar weaknesses like the other commissions

NATIONAL COMMISSION ON BACKWARD CLASSES

National Commission for Backward Classes (NCBC) has
been accorded Constitutional Status and constituted
through “The Constitution (One Hundred and Second
Amendment) Act, 2018”, whereby Article 338B has been
inserted, forming a Commission for the socially and
educationally backward classes to be known as NCBC.

Background

• Two Backward Class Commissions were appointed

in 1950s under Kaka Kalelkar and 1970s under B.P. Mandal respectively.
• Supreme Court in Indra Sawhney case of 1992 directed the government to create a permanent
body to entertain, examine and recommend the inclusion and exclusion of various Backward
Classes for the purpose of benefits and protection. Hence the parliament passed National
Commission for Backward Classes Act in 1993 and constituted the NCBC.
• 123rd Constitution Amendment bill of 2017 was introduced in Parliament to safeguard the
interests of backward classes more effectively.
• Parliament has also passed a separate bill to repeal the National Commission for Backward
Classes Act, 1993
• The bill got the President assent in August 2018 and provided the constitutional status to NCBC.

Structure of NCBC
The Commission consists of five members including a Chairperson, Vice-Chairperson and three other
Members appointed by the President by warrant under his hand and seal.
The conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other
Members is determined by President.

Constitutional Provisions
• The 102nd amendment deals with the constitutional status of the National Commission for
Backward Classes.
• Article 338 B deals with the structure, duties and powers of the commission.
• Article 342-A speaks about the power of the Indian President to notify a class as socially and
Educationally Backward (SEBC) and the power of Parliament to alter the central SEBC list.
• Article 340 deals with the need to, inter alia, identify those "socially and educationally backward
classes", understand the conditions of their backwardness, and make recommendations to
remove the difficulties they face.

Powers and Functions

The Commission is vested with the power to regulate its own procedure.
The Commission, while investigating any matter or enquiring into any complaint, has all the powers
of a civil court trying a suit and in particular in respect of the following matters:
(a) Summoning and enforcing the attendance of any person from any part of India and
examining him on oath
(b) Requiring the discovery and production of any document
(c) Receiving evidence on affidavits
(d) Requisitioning any public record from any court or office
(e) Issuing summons for the examination of witnesses and documents
(f) Any other matter which the President may determine
The central government and the state governments are required to consult the Commission on all
major policy matters affecting the socially and educationally backward classes.

Issues
• The new NCBC still lack to provide credible and effective social justice architecture.
• The recommendation is not binding on the government.
• Since it has no responsibility to define backwardness, it cannot address the current challenge of
demands of various castes to be included as BCs.
• By retaining the old generic name of NCBC and delinking the body from its soul (Article 340),
the government set the stage for the whole scheme of special protections under the
Constitution in danger.
• Features of expert body are not provided in the composition of the new NCBC (as directed by
the Supreme Court)
• Mere constitutional status and more acts will not solve the problem at grass root level
• Article 338B (5) remains silent on the SC mandate on periodic revision of the backward class list
in consultation with the NCBC.

2ndARC in its report titled “CITIZEN CENTRIC GOVERNANCE” has mentioned that the effectiveness of
these institutions will depend upon the extent to which govt. gives effect to the recommendations.
Hence Political will is necessary to create the culture of protection of rights in the country. 2 nd ARC has
made following recommendations:

• To merge all these commissions under NHRC, this will avoid overlapping jurisdictions and
political conflicts
• To set up a standing committee of parliament, which will keep the parliamentary oversight to
enhance accountability
• These commissions are receiving large number of complaints. With the present budget and
man power, they will not be able to fulfil the expectations. However, large number of
complaints shows that people do have a hope from these institutions. Hence, government
should go for greater devolution of powers including the financial devolution.
• The composition and funds should be independent from the govt. to allow for real watchdog
mechanisms.
• The recommendations should be made mandatory.
• The commissions should hold consultative mechanisms with other sections of the society
including NGOs and Civil Society.

Conclusion: To conclude there is a general impression that the manner in which these institutions
function – it obscures the system, it trivialises injustice and hence reduce the dignity of institution.
 Election Commission
• Constitutional Body
• Article 324 provides that the power of superintendence,
direction and control of elections to
o Parliament,
o State legislatures,
o President of India and
o Vice-president of India
• Composition:
o Chief election commissioner + 2 other election commissioners.
• The appointment of the chief election commissioner and other election commissioners shall be
made by the president.
• Functions
o Administrative
o Advisory
o Quasi-Judicial

The Election Commission prepares, maintains and periodically updates the Electoral Rolls, which show
who is entitled to vote, supervises the nomination of candidates, registers political parties, monitors the
election campaign, including the funding and exponential by candidates.

EC determine the territorial areas of the electoral

constituencies throughout the country on the
basis of the Delimitation Commission Act of
Parliament.

It grants recognition to political parties and allot

election symbols to them.

It determines the code of conduct.

It advises the president on matters relating to the disqualifications of the members of Parliament and the
governor on matters relating to the disqualifications of the members of state legislature.

Role of Election Commission

II. Guardian of Free & Fair Elections

One of the most important features of the democratic polity is elections at regular intervals. It is part of
basic structure of the Constitution (T. N. Sheshan V/s Union of India).

III. Model Code of Conduct

The Election Commission is regarded as guardian of free & fair elections. In every election, it issues a
Model code of Conduct for political parties and candidates to conduct elections in free & fair manner.
However, the code does not have any specific statutory basis. It has only a persuasive effect. The
Commission issued its First code in 1971(5th Election) and revised it from time to time. The Kerala High
 Court held that the object of model code of conduct is not to stop all governmental activities but only
those actions which may directly influence a section of electors need to be prevented.

IV. Registration of Political Parties

The party system is an essential feature of the Parliamentary democracy. Law regarding registration
process enacted in 1989 and number of parties got registered with Commission. It helps to avoid
confusion and headache of the administrative machinery as well as confusion of the electorate.

V. Limits on Poll Expenses

To get rid of the growing influences and money power during elections the Election Commission has fixed
the legal limits on the amount of money which a candidate can spend during election campaigns. These
limits have been revised from time to time. The contestants are also required to give details of
expenditure with 30 days of declaration of results. The campaign period was reduced by the Election
Commission from 21 to 14 days for Lok Sabha and Assembly elections; it is for to trim down election
expenditure.

X. Use of Scientific and Technological Advancements

The introduction of EVM – Electronic Voting Machines is one of the steps in that direction. It was used
with view to reducing malpractices and also improving the efficiency. On experimental basis it was firstly
tries in the State of Kerala in 1982 for Legislative Assembly Elections.

XI. Checking Criminalization of Politics

In 2003, a law was introduced to prohibit the election of criminals to the legislative bodies. However,
persons with criminal background continue to hold seats in Parliament & State Assemblies. The
Commission has expressed its serious concern over anti - social activities. Commission made norms and
recommendation to the government to curb the menace of criminalization of politics. They observed, “All
political parties to reach a consensus that, no person with a criminal background will be given the party
ticket”. The candidates are obliged to submit an affidavit in a prescribed form declaring their criminal
records, including convictions, acquittals charge pending cases.

XII. Right to Know About Candidates

To stop criminalization and in the public interest the past of candidate should not kept in dark, hence
(Union of India V/s Association for Democratic Reforms) Supreme Court agreed with Delhi High Court
and directed the Election Commission to take necessary information on affidavit from candidates as it is
part of his nomination paper. However, failing to furnish required information on nomination papers
shall be liable to reject nomination papers by the Returning Officer, Furnishing wrong and incomplete
information also liable for penal action.

ISSUES WITH THE ELECTION COMMISSION

(i) The constitution is silent about the qualifications and the term of the Election Commission
and CEC. It is apprehended that the President may on the advice of the Council of Ministers
appoint CEC and the other commissioners on political considerations.
 (ii) The constitution has not specified the number of Regional Commissioners to be appointed.
It has not specified their qualifications, term and other conditions of service.
(iii) The Election Commission has not been vested with the right to recruit and regulate the
conditions of service of the secretariat staff.
(iv) The 44th Amendment Act 1978 has landed the commission in the vortex of politics by
authorizing the President to seek the opinion of the Election Commission regarding the
possibility of holding elections in a state under the President’s Rule after six months period.
(v) The success of Election Commission to a great extent depends on the cooperation of the
opposition parties as well as the implicit faith of the party in power in its unbiased
functioning.

REFORMS

The Ex. Home Minister and also former Deputy Prime Minister of India L.K. Advani gave suggestions for
the reform of EC. He felt that by following the above guidelines the neutrality of the members of the EC
can be maintained and their credibility can be enhanced.
(i) The Election commission should be a multi-membered body.
(ii) Retired secretaries of Government of India should not be appointed as
members of EC.
(iii) The retired members of the EC should not be offered any appointment

As per David Gilmartin in “The Great March of Democracy”, edited by S.Y.

Queraishi, EC’s importance for Indian arises not just for its efficiency in the
conduct of elections , but also the central role it plays in balancing politics. The
most important marker in the evolution of ECI has been the development of
Model Code of conduct. In the world where the political threat to the
functioning of democracy is growing, the ECI has gained increasing salience
around the world besides being a potent
force in popular imagination. However,
Gilmartin also mentions that ECI has not
been fully able to control the increasing
threats to the functioning of Indian
democracy especially the influence of
money power.

Often ECI has faced accusations of

inadequate responses to the violations of
MCC. At times, it has been accused partisanship. It is to be noted that EC does not have powers to
disqualify the candidates who commit electoral malpractices, power to deregister a political party.
Hence, it is suggested that along with the changes in system of appointment of Chief Election
Commissioner and other Election commissioners and the system of removal of the election
commissioners, constitution should be amended to give more teeth to the institution.
Both theorists as well as political practitioners have certified the Indian democracy as being a success.
This perceived success, however, has been essentially in electoral terms. With a huge number of parties
in contention against each other in reasonably ‘free and fair’ elections, with massive people’s
participation (amounting to one sixth of the world electorate), spread across a vast and widely varying
terrain, India cannot but fail to impress.

Elections are vital for the well-being of India’s democracy, especially given the relative weakness of what
are meant to be ‘non-electoral’ checks and democratic forums. An incremental rise in the level of
electoral participation and contestation has helped Indian democracy become far more
representative. As Sunil Khilnani has argued, elections in India carry ‘the entire society’s aspirations’ to
the extent that as the ‘sole bridge between state and society’ they have come to ‘stand for democracy
itself.’

The ECI is a highly trusted institution entrusted with the task of ‘superintendence, direction and control of
elections’ under Article 324 of the Indian constitution. Significantly, as the authors point out, while the
makers of the Indian Constitution drew from both colonial laws and other Constitutions while setting up
other statutory or constitutional bodies and offices, ‘there was no existing precedent for an election
commission of the kind envisaged’ by them.

The academic neglect is surprising given the vital role the institution has played over the decades in
conducting and regulating elections at federal and state levels.The last three decades, in particular, have
posed new challenges with the massification of electoral democracy. Significantly, this period also
witnessed the ECI in ‘an activist’ phase as Indian politics underwent a process of transition and
uncertainty.

Short-lived coalition governments tumbled one after another, anti-incumbency became the buzzword in
election studies and new claimants to political power violated established democratic norms of electoral
conduct with impunity. The reckless use of empty populism, sectarian or divisive ethnic politics, political
violence and money power posed a great threat to the well-being of democracy even as it ‘widened and
deepened’ with the surge in participation of the socially and economically marginal, including women
and minorities.

It was during this period, referred to by Yogendra Yadav as the ‘Third Electoral System’, when
‘unbridled mobilisation’ unleashed by mass politics seemed to ‘exceed institutionalisation’, that the ECI
under the watch of Commissioners like T.N. Seshan, M.S. Gill and James M. Lyngdoh showed great
authority and tenacity in restoring the democratic balance. All these three former civil servants, as well
as some of their predecessors and successors, presided over the transition of the ECI from merely being
an election-conducting institution to a ‘referee/regulatory institution’.

The ECI’s regulatory tasks have involved not only determining the electoral rules but also periodically
‘innovating, strengthening and reinforcing them.’ With the help of ‘authoritative judicial interpretations’
(as in PUCL & Anr. vs Union of India and Anr. 2003) of Article 324, the only article that refers directly to
the institution, the ECI sought to empower itself by becoming an autonomous and visible body.

The ECI has not only been instrumental in institutionalising a Model Code of Conduct which political
parties have agreed to but also exercising extraordinary powers regarding the posting and deployment
of the bureaucracy during ‘election time.’

By ‘dipping into the reservoir of powers’ that emanate from Article 324 and appropriating ‘residuary
powers’ where the ‘law was silent’, the ECI has succeeded in providing a ‘procedural certainty to ensure
the democratic uncertainty of electoral outcomes, and electoral integrity to assure the deliberative
content of election.’

However, as has happened to many other constitutional/statutory bodies in recent times including the
Supreme Court (SC) of India and the Comptroller and Auditor General of India (CAG), the neutrality of the
ECI has come under a scanner.

In the ‘post-Congress polity’, controversies have started plaguing the institution. If the petition of then
Chief Election Commissioner (CEC) Seshan to the SC challenging the appointment and powers of two
additional election commissioners (EC) was helpful in laying down the composition and collective
functioning of the ECI, the move by CEC Gopalaswami to remove then EC Navin Chawla and more
recently, the refusal to note minority decisions by EC Ashok Lavasa leading to his recusal are two
incidents that illustrate the internal bickering within the institution and the proclivity of the party in
power to take advantage of it.

The last few years, in particular, have seen a further subversion of the autonomy and integrity of the ECI,
leading to several questions about its neutrality. The opposition has raised concerns about ECI decisions
regarding the use of electronic voting machines (EVMs) and not allowing a Verifiable Paper Audit Trail
(VVPAT) machine in all polling booths.

The role of the ECI has also come under scrutiny in conflict areas like Jammu and Kashmir and the north-
eastern states. The continued influence of money power and hate speeches by politicians are areas
where the ECI has been seen as helpless, unable to take tough action.

There have been several committees like the Goswami Committee which have suggested reforms to
weed out criminals, moneybags and hate-mongers from the electoral process. However, it may be
slightly unfair to criticise the ECI alone for its inability to affect these reforms as political parties have not
cooperated. .

India’s formal institutions, so important for the well-being of its democracy, is still more procedural than
substantive in essence. This scintillating full-fledged study is the first of its kind examining the working of
a trusted constitutional body over seventy years as electoral democracy in India has undergone a process
of significant transformation.

Conclusion: The Commission over the years has conducted number of laudable electoral reforms to
strengthen democracy and enhance fairness of elections. The commission has taken best steps to stop
malpractices during elections by using advance technology. However, all these efforts taken by the
Election Commission will help to grow democracy and its confidence in the minds of people. The Supreme
Court always examined the legal and other issues of elections and always emphasized to protect the
fundamentals of democracy, which reflected through its judgments. The Commission should be
empowered to punish the greedy politicians for violation of Code, Laws, and Orders of the Courts. A
country’s administration should be governed not by the bullet but by the ballot.

FOR FURTHER STUDY

https://www.tribuneindia.com/news/comment/election-commission-in-need-of-reforms-168183
Comptroller and Auditor General

• Constitutional body (Article 148)

• CAG is the guardian of the public purse and
controls the entire financial system of the country
at both the levels–the Centre and the state. It
upholds the Constitution of India and laws of
Parliament in the field of financial administration.
CAG is one of the bulwarks of the democratic
system of government in India
• Dr. B.R. Ambedkar said that the CAG shall be the
most important Officer under the Constitution of India .

• Appointment
o The CAG is appointed by the president of India by a warrant under his hand and seal.

• Functions
o The Constitution (Article 149) authorises the Parliament to prescribe the duties and
powers of the CAG .
o Types of Audits conducted by CAG
▪ Compliance Audit: focuses on assessing whether activities, financial
transactions and information are, in compliance laws, rules and regulations
etc.
▪ Financial Attest Audit: Focuses on whether an entity’s financial information is
presented in accordance with the applicable financial reporting and
regulatory framework.
▪ Performance Audit: focuses on whether institutions are performing in
accordance with the principles of economy, efficiency and effectiveness

While, first two audits are obligatory, the performance audit is discretionary.

o Accordingly, the Parliament enacted the CAG’s (Duties, Powers and Conditions of
Service) act, 1971
▪ CAG audits the accounts related to all expenditure from the Consolidated
Fund of India, consolidated fund of each state and consolidated fund of each
union territory having a Legislative Assembly.
▪ CAG audits all expenditure from the Contingency Fund of India and the Public
Account of India as well as the contingency fund of each state and the public
account of each state.
 ▪ CAG audits all trading, manufacturing, profit and loss accounts, balance
sheets and other subsidiary accounts kept by any department of the Central
Government and state governments.
▪ CAG advises the President with regard to prescription of the form in which the
accounts of the Centre and the states shall be kept (Article 150
▪ CAG submits his audit reports relating to the accounts of the
1. Centre to President, who shall, in turn, place them before both the
Houses of Parliament (Article 151).
2. state to governor, who shall, in turn, place them before the state
legislature (Article 151).
▪ CAG submits three audit reports on:
1. Appropriation accounts,
2. Finance accounts, and
3. Public undertakings
▪ CAG acts as a guide, friend and philosopher of the Public Accounts Committee
of the Parliament.
Analysis
“Though CAG is often cited as a cause for unwillingness in decision-making, it is very important
that CAG upholds the entire gamut of audit functions where public interest is involved.” –
Supreme Court in Unified Teleservices Provides v. UOI, 2014
An effective system of accountability of the executive to the legislature is fundamental to
maintain the confidence of the citizens in public institutions as it ensures that scarce resources
are used in ways which maximise the value of tax payer’s money.
Role of CAG in Indian Political System
CAG is seen as the supreme audit institution that brings into focus improprieties committed by
the persons holding high offices and safeguard the interest of various stakeholders .The
institution assists the parliament in its role to ensure financial accountability of the executive
and ultimately to the public that the money approved by the government has been spent for the
intended purpose.
If Dr. Ambedkar held CAG as the most important officer, Dr S Radhakrishnan held that CAG is
not responsible to the government rather he serves the people.
CAG has played the constructive role in fulfilling its constitutional mandate. In 1962, CAG report
indicted the then defence minister V.K. Menon for contractual lapse in the purchase of army
jeeps. CAG report on Bofors issue was highly critical of the way in which gun deal was made.
CAG has highlighted the irregularities in 2G spectrum, Mumbai Adarsh Housing society,
Augusta Westland VVIP choppers.
Some of the recent findings in CAG’s audit report tabled in Monsoon Session of the Parliament,
2020
1. Cess Issues – The CAG, in its 2018-19 audit report of government accounts, flagged that
the amount which was to be credited to the non-lapsable GST Compensation Cess
collection fund for payment to the states for the loss of revenue due to the
implementation of GST since 2017, has not been transferred
2. CAG audit report on Swachh Vidyalaya Abhiyan – CAG found out that ,almost 40% of
toilets constructed by PSUs were found to be non-existent, partially constructed, or
unused.
3. Offset commitments failures - CAG has noted that the foreign vendors made various
offset commitments to qualify for the main supply contract but later, were not interested
in fulfilling these commitments.
4. Strategic Sale of PSUs - According to CAG, Such disinvestments only resulted in transfer
of resources already with the public sector to the government and did not lead to any
change in the stake of the public sector / government in the disinvested PSU.
However, the CAG’s record does not stand unblemished. There has been a controversy over
redactive pricing with respect to Rafale fighter jets deal. In the preface of the audit report
CAG stated that redactive pricing was unprecedented but had to be accepted due to
ministry’s insistence citing security concerns. It has raised the question of constitutional
propriety as to whether ministry’s insistence citing security concerns could have been
accepted by CAG.
There has been a controversy over the appointment of GC Murmu as CAG , whose
appointment methodology is being criticsed as non – transparent.
Another weakness of the system is that majority of the CAG reports are not examined by
Public Account Committee in detail.
CAG has reported lack of cooperation by the ministries in submitting the report.
Absence of Comptroller function – CAG basically does a Post mortem analysis after the
expenditure has been made. This compromises the efficient drafting of the audit reports.
There is no clear time frame for the tabling of the completed reports on the floor of the
relevant legislature.
According to former CAG Vinod Rai in his book “Not Just an Accountant” CAG has played a
significant role as the fifth pillar. However , the institution must be reformed so that it can
fulfill its constitutional obligations more effectively.
 UNION PUBLIC SERVICE COMMISSION [UPSC]
• central recruiting agency in India
• Independent constitutional body
• Articles 315 to 323 in Part XIV of the Constitution contains provisions regarding the composition,
appointment and removal of members along with the independence, powers and functions of the
UPSC

COMPOSITION
• UPSC usually consists of nine to eleven members including the chairman.
• No qualifications are prescribed for the Commission’s membership except that one-half of the
members of the Commission should be such persons who have held office for at least ten years
either under the Government of India or under the government of a state.

APPOINTMENT, REMOVAL AND TERM OF MEMBERS

• The Chairman and other members of the Public Service Commission (Union or Joint) shall be
appointed by the President and in the case of a State Commission by the Governor of the State.
• The Chairman and members of the UPSC hold Office for a term of six years or until they attain the
age of 65 years whichever is earlier.
• A member's office may be terminated earlier if
(vi) he resigns his Office in writing to the President or
(vii) He is removed from Office by the President.
• A member may be removed from Office by the President if he is an adjudged insolvent, or engages
in any paid employment outside the duties of his Office or, is in the opinion of the President infirm
in mind or body
• Member cannot be removed from Office on any other ground except if the Supreme Court finds him
guilty of proven misbehaviour on a reference made to it by the President.
• The word 'misbehaviour' has been explained in the Constitution. A member shall be deemed to be
guilty of misbehaviour if
(iv) He is interested or concerned in any contract or agreement made on behalf of the
Government of India or of a State or
(v) If he participates in any way in the profit of such contract or agreement in common with the
other members of an incorporated company.

FUNCTIONS OF UPSC

• UPSC advises the government in matters relating to

 (i) methods of recruitment
(ii) Principles to be followed in making appointments, promotion and transfer from one
service to another.
i. UPSC's jurisdiction is purely advisory.
ii. Article 320 (3) of the Constitution merely states that it is the duty of the
Commission to advise the government on all matters relating to the methods
of recruitment to civil services, promotions and transfers.
• The Commission has a specific constitutional duty of conducting examinations for appointments to
the services of the Union.
• UPSC is to present annually to the President a report of the work done by the Commission during
the preceding year. The President is obliged to place the report before both houses of the
Parliament with a memorandum explaining the cases, if any, where the advice of the Commission
was not accepted and reasons for such non acceptance.
• It can only advise on disciplinary actions taken against employees.
• According to Article 318 and 320 of the Constitution, the Central Government through certain
regulations and orders entrust certain functions to the Commission.
• Also the President may define from time to time through regulations, the matters in which the
Commission need not be consulted.

Limitations of the Functions of the UPSC

There are certain matters which have been kept outside the scope of the functions of the UPSC. These
include:

a) The Constitution of India, under Article 335, requires the government to take into consideration the
claims of the members of the Scheduled Castes and Tribes in the matters of appointment to various
posts.
b) As per Article 320(4) the UPSC need not be consulted as regards the extent to which the
reservations are to be made for the candidates belonging to the Scheduled Castes and Tribes. But
once these conditions are determined, the Commission as a recruiting agency proceeds with the
process of selection.
c) The President has been empowered to make regulations excluding matters from the purview of
consultation with UPSC. All such regulations must be laid before each House of Parliament for
approval for a period of not less than fourteen days. The Parliament can modify or annul them.
d) The posts, the recruitment of which does not require the advice of UPSC include membership or
chairmanship of tribunals, commissions, high powered committees, posts of a highly technical and
administrative nature and filling up of temporary positions where appointments are made for less
than a year.
 FINANCE COMMISSION

• Constitutional body
• Article 280 states that the President of India is
required to constitute a Finance Commission at an interval of
five years or earlier
• Determines the method and formula for distributing
the tax proceeds between the Centre and states, and among
the states as per the constitutional arrangement and present
requirements.
COMPOSITION
• It consists of a chairman and four other members to be appointed by the president.
• They hold office for such period as specified by the president in his order. They are eligible for
reappointment.
• The Constitution authorises the Parliament to determine the qualifications of members of the
commission and the manner in which they should be selected.
• The chairman should be a person having experience in public affairs and the four other members
should be selected from amongst the following:
➢ A judge of high court or one qualified to be appointed as one.
➢ A person who has specialised knowledge of finance and accounts of the government.
➢ A person who has wide experience in financial matters and in administration.
➢ A person who has special knowledge of economics.

FUNCTIONS
The Finance Commission is required to make recommendations to the president of India on the
following matters:
• The distribution of the net proceeds of taxes to be shared between the Centre and the states,
and the allocation between the states of the respective shares of such proceeds.
• The principles that should govern the grants-in-aid to the states by the Centre (i.e., out of the
consolidated fund of India).
• The measures needed to augment the consolidated fund of a state to supplement the resources
of the panchayats and the municipalities in the state on the basis of the recommendations made
by the state finance commission.
• Any other matter referred to it by the president in the interests of sound finance.
The commission submits its report to the president. He lays it before both the Houses of Parliament
along with an explanatory memorandum as to the action taken on its recommendations.

ADVISORY ROLE
The recommendations made by the Finance Commission are only of advisory nature and hence, not
binding on the government.

KEY RECOMMENDATIONS OF 15th FINANCE COMMISSION

• Devolution of taxes to states
 The share of states in the centre’s taxes is recommended to be decreased from 42% during the 2015-20
period to 41% for 2020-21.The 1% decrease is to provide for the newly formed union territories of
Jammu and Kashmir, and Ladakh from the resources of the central government.
• Income distance(Income distance is the distance of the state’s income from the state with the
highest income)
The income of a state has been computed as average per capita GSDP during the three-year period
between 2015-16 and 2017-18. States with lower per capita income would be given a higher share to
maintain equity among states.
• Demographic performance
The Demographic Performance criterion has been introduced to reward efforts made by states in
controlling their population.
➢ It will be computed by using the reciprocal of the total fertility ratio of each state, scaled by
1971 population data.
➢ States with a lower fertility ratio will be scored higher on this criterion.
• Forest and ecology
This criterion has been arrived at by calculating the share of dense forest of each state in the aggregate
dense forest of all the states.
• Tax effort
This criterion has been used to reward states with higher tax collection efficiency. It has been
computed as the ratio of the average per capita own tax revenue and the average per capita state GDP
during the three-year period between 2014-15 and 2016-17.
• Grants-in-aid: In 2020-21, the following grants will be provided to states:
(i) revenue deficit grants,
(ii) grants to local bodies, and
(iii) Disaster management grants.
The Commission has also proposed a framework for sector-specific and performance-based grants.
State-specific grants will be provided in the final report.

RECOMMENDATIONS ON FISCAL ROADMAP

• Fiscal deficit and debt levels

The Commission noted that recommending a credible fiscal and debt trajectory roadmap remains
problematic due to uncertainty around the economy. It recommended that both central and state
governments should focus on debt consolidation and complies with the fiscal deficit and debt levels as
per their respective Fiscal Responsibility and Budget Management (FRBM) Acts.
• Off-budget borrowings
The Commission observed that financing capital expenditure through off-budget borrowings detracts
from compliance with the FRBM Act. It recommended that both the central and state governments
should make full disclosure of extra-budgetary borrowings. The outstanding extra-budgetary liabilities
should be clearly identified and eliminated in a time-bound manner.
• Statutory framework for public financial management
The Commission recommended forming an expert group to draft legislation to provide for a statutory
framework for sound public financial management system. It observed that an overarching legal fiscal
framework is required which will provide for budgeting, accounting, and audit standards to be followed
at all levels of government.
• Tax capacity: The Commission recommended:
(i) broadening the tax base,
(ii) streamlining tax rates
(iii) Increasing capacity and expertise of tax administration in all tiers of the government.
• GST implementation: The Commission highlighted some challenges with the implementation of the
Goods and Services Tax (GST). These include:
(i) large shortfall in collections as compared to original forecast,
(ii) high volatility in collections,
(iii) Accumulation of large integrated GST credit,
(iv) Glitches in invoice and input tax matching
(v) Delay in refunds.
(vi) It suggested that the structural implications of GST for low consumption states need to
be considered.
• Financing of security-related expenditure: Commission intends to constitute an expert group
comprising representatives of the Ministries of Defence, Home Affairs, and Finance.

NITI AAYOG
The NITI Aayog or National Institution for Transforming India is a
policy think tank of the Government of India, established with
the aim to achieve sustainable development goals with
cooperative federalism by fostering the involvement of State
Governments of India in the economic policy-making process
using a bottom-up approach.
Objectives
• To evolve a shared vision of national development priorities,
sectors and strategies with the active involvement of States
• To foster cooperative federalism through structured support initiatives and mechanisms with the
States on a continuous basis, recognizing that strong States make a strong nation.
• To develop mechanisms to formulate credible plans at the village level and aggregate these
progressively at higher levels of government.
• To ensure, on areas that are specifically referred to it, that the interests of national security are
incorporated in economic strategy and policy.
• To pay special attention to the sections of our society that
may be at risk of not benefiting adequately from economic
progress.
• To design strategic and long term policy and programme
frameworks and initiatives, and monitor their progress and their
efficacy. The lessons learnt through monitoring and feedback will
be used for making innovative improvements, including necessary
mid-course corrections.
• To provide advice and encourage partnerships between key
stakeholders and national and international like-minded Think
tanks, as well as educational and policy research institutions.
• To create a knowledge, innovation and entrepreneurial support system through a collaborative
community of national and international experts, practitioners and other partners.
• To offer a platform for resolution of inter-sectoral and inter departmental issues in order to
accelerate the implementation of the development agenda.

The NITI Aayog comprises the following:

• The Prime Minister as the Chairperson

• A Governing Council composed of Chief Ministers of all the States
and Union territories with Legislatures and lieutenant governors of
Union Territories(except Delhi and Pondicherry)
• Regional Councils composed of Chief Ministers of States and Lt.
Governors of Union Territories in the region to address specific
issues and contingencies impacting more than one state or a
region.
• Full-time organizational framework composed of a Vice-
Chairperson, four full-time members, two part-time members
(from leading universities, research organizations and other relevant institutions in an ex-officio
capacity), four ex-officio members of the Union Council of Ministers, a Chief Executive Officer (with
the rank of Secretary to the Government of India) who looks after administration, and a secretariat.
• Experts and specialists in various fields.

Features
NITI Aayog’s entire gamut of activities can be divided into four main heads:
1. Design Policy & Programme Framework
2. Foster Cooperative Federalism
3. Monitoring & Evaluation
4. Think Tank and Knowledge & Innovation Hub

SIGNIFICANCE
NITI Aayog has been constituted to actualize the important goal of cooperative federalism and to
enable good governance in India to build a strong nation state. Two key features of Cooperative
Federalism are:
• joint focus on the national development agenda by the Centre and States
• Advocacy of State perspectives with Central Ministries.

At the fourth Governing Council Meeting of NITI Aayog, the Prime Minister once again highlighted the
importance of NITI Aayog as a platform to inspire cooperative federalism, stressing on the need for
effective center-state cooperation to advance development outcomes and achieve double-digit and
inclusive growth for India.

NITI Aayog aims to established models and programmes for development of infrastructure and to
reignite and establish Private Public Partnership, such as the Centre-State partnership model:
Development Support Services to States (DSSS); and the Sustainable Action for Transforming Human
Capital (SATH) programme which is designed to help States improve their social sector indicators by
providing them technical support.
 ZONAL COUNCIL

The idea of creation of Zonal Councils was mooted by the first Prime Minister of India, Pandit Jawahar
Lal Nehru in 1956 when during the course of debate on the report of the States Re-organisation
Commission, he suggested that the States proposed to be reorganised may be grouped into four or five
zones having an Advisory Council 'to develop the habit of cooperative working” among these States.
COMPOSITION OF ZONAL COUNCILS
Five Zonal Councils were set up vide Part-III of the States Re-
organisation Act, 1956. The present composition of each of these
Zonal Councils is as under:
• 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 North Eastern States i.e. Assam, Arunachal Pradesh, Manipur, Tripura, Mizoram, Meghalaya and
Nagaland are not included in the Zonal Councils and their special problems are looked after by the
North Eastern Council, set up under the North Eastern Council Act, 1972. The State of Sikkim has also
been included in the North Eastern Council vide North Eastern Council (Amendment) Act, 2002.
Consequently, action for exclusion of Sikkim as member of Eastern Zonal Council has been initiated by
Ministry of Home Affairs.

COMMITTIEES OF ZONAL COUNCILS

Each Zonal Council has set up a Standing Committee consisting of Chief Secretaries of the member
States of their respective Zonal Councils. These Standing Committees meet from time to time to resolve
the issues or to do necessary ground work for further meetings of the Zonal Councils. Senior Officers of
the Planning Commission and other Central Ministries are also associated with the meetings depending
upon necessity. :
ORGANISATIONAL STRUCTURE OF ZONAL COUNCILS
I. Chairman - The Union Home Minister is the Chairman of each of these Councils.

II. Vice Chairman - The Chief Ministers of the States included in each zone act as Vice-Chairman of
the Zonal Council for that zone by rotation, each holding office for a period of one year at a
time.
 III. Members- Chief Minister and two other Ministers as nominated by the Governor from each of
the States and two members from Union Territories included in the zone.

IV. Advisers- One person nominated by the Planning Commission for each of the Zonal Councils,
Chief Secretaries and another officer/Development Commissioner nominated by each of the
States included in the Zone

Union Ministers are also invited to participate in the meetings of Zonal Councils depending upon
necessity.
ROLE AND OBJECTIVES OF THE ZONAL COUNCILS
• The Zonal Councils provide an excellent forum where irritants between Centre and States and
amongst States can be resolved through free and frank discussions and consultations.
• Being advisory bodies, there is full scope for free and frank exchange of views in their meetings.
Though there are a large number of other forum like the National Development Council, Inter State
Council, Governor’s/Chief Minister’s Conferences and other periodical high level conferences held
under the auspices of the Union Government, the Zonal Councils are different, both in content and
character.
• They are regional forum of cooperative endeavour for States linked with each other economically,
politically and culturally.
• Being compact high level bodies, specially meant for looking after the interests of respective zones,
they are capable of focusing attention on specific issues taking into account regional factors, while
keeping the national perspective in view.

The main objectives of setting up of Zonal Councils are as under:

• Bringing out national integration;
• Arresting the growth of acute State consciousness, regionalism, linguism and particularistic
tendencies;
• Enabling the Centre and the States to co-operate and exchange ideas and experiences;
• Establishing a climate of co-operation amongst the States for successful and speedy execution of
development projects.

FUNCTIONS OF THE COUNCILS

Each Zonal Council is an advisory body and may discuss any matter in which some or all of the States
represented in that Council, or the Union and one or more of the States represented in that Council,
have a common interest and advise the Central Government and the Government of each State
concerned as to the action to be taken on any such matter.
In particular, a Zonal Council may discuss, and make recommendations with regard to:
• any matter of common interest in the field of economic and social planning;
• any matter concerning border disputes, linguistic minorities or inter-State transport;
• any matter connected with or arising out of, the re-organization of the States under the States
Reorganisation Act.
 INTERSTATE COUNCIL
Article 263 of the Constitution of India provides for the establishment of an Inter-State Council. The text
of the Article reads as under:
"263. Provisions with respect to an inter-State Council – If at any time it appears to the President that
the public interests would be served by the establishment of a Council charged with the duty of
• inquiring into and advising upon disputes which may have arisen between States;
• investigating and discussing subjects in which some or all of the States, or the Union and one or
more of the States, have a common interest; or
• making recommendations upon any such subject and, in particular, recommendations for the
better co-ordination of policy and action with respect to that subject, it shall be lawful for the
President by order to establish such a Council, and to define the nature of the duties to be
performed by it and its organization and procedure.”

The Commission on Centre-State Relations under the Chairmanship of Justice R. S. Sarkaria in its report
in January 1988 recommended that:
(a) A permanent Inter-State Council called the Inter-Governmental Council (IGC) should be set
up under Article 263.
(b) The IGC should be charged with the duties set out in clauses (b) and (c) of Article 263, other
than socio-economic planning and development.

COMPOSITION: The Council consists of:-

• Prime Minister – Chairman
• Chief Ministers of all States – Members
• Chief Ministers of Union Territories having a Legislative Assembly and Administrators of UTs not
having a Legislative Assembly – Members
• Six Ministers of Cabinet rank in the Union Council of Ministers to be nominated by the Prime
Minister – Members

Significance of the ISC

• Unlike other platforms for Centre State cooperation, ISC has constitutional backing
• ISC provides a platform for states to discuss their concerns.
• Resolving disputes linked to state-state & Centre-state.
• Interstate Council is a crucial first step for the goal of a more decentralized polity,
• it makes both at Centre and state governments more accountable for their actions.

Reasons of non-effective functioning of Inter-State Council:

1. Underutilization of the council is one of the major problems. ISC has held only 10 meetings in
the last 22 years of its existence and made tardy progress in addressing inter-State disputes.
2. It is an advisory body with no bindings on either the centre or the state. Thus, often its
recommendations are ignored by the government at the centre as well as the states.
3. It lacks technical and management expertise along with the autonomy that is required for
effective functioning.
4. There is absence of engagement of the civil society in the council which makes it less
participatory and cooperative.
5. The Inter-state council is not a permanent constitutional body. The President can establish it at
any time if it appears to him that the public interests would be served by the establishment of
such a council.