Statutory Bodies

The National Investigation Agency (NIA) is India's central counter-terrorism law enforcement agency, constituted in 2009 under the NIA Act, 2008. It was established in the aftermath of the 2008 Mumbai terror attacks (26/11 incident). The NIA operates as a federal agency with concurrent jurisdiction, meaning it can take over cases from state police without requiring state consent. It works under the administrative control of the Ministry of Home Affairs. The NIA Act, 2008 was amended in 2019 to extend the NIA's jurisdiction to extra-territorial offences (offences committed by Indian citizens outside India or affecting India's interests), and to add new categories of scheduled offences including human trafficking, counterfeit currency, cyber-terrorism, and manufacture/sale of prohibited arms. The establishment of the NIA was grounded in India's experience with large-scale cross-border terrorism, complex inter-state and international criminal linkages involving arms smuggling, drugs trafficking, fake currency circulation, and border infiltration. Several expert committees and the Second Administrative Reforms Commission recommended creating such a central agency to investigate offences with national ramifications.

The Central Bureau of Investigation (CBI) is the main investigating agency of the Central Government. It is **NOT a statutory body** — it derives its powers from the **Delhi Special Police Establishment (DSPE) Act, 1946**, but was set up by a resolution of the Ministry of Home Affairs in 1963. **Establishment and History:** - Set up in 1963 by a resolution of the Ministry of Home Affairs - Later transferred to the Ministry of Personnel; currently an attached office under the **Department of Personnel and Training (DoPT)** - Its establishment was recommended by the **Santhanam Committee on Prevention of Corruption (1962–1964)** - The Special Police Establishment (SPE), which looked into vigilance cases and was set up in 1941, was merged with the CBI **Motto:** Industry, Impartiality, Integrity **Mission:** To uphold the Constitution of India and law of the land through in-depth investigation and successful prosecution of offences; to provide leadership and direction to police forces and to act as the nodal agency for enhancing inter-state and international cooperation in law enforcement. **Vision:** Combating corruption, curbing economic and violent crimes, evolving effective investigation and prosecution systems, helping fight cyber and high-technology crime, creating a healthy work environment, supporting state police organisations, playing a lead role against organised crime, upholding human rights, developing scientific temper, striving for excellence and professionalism. **Nature:** NOT a statutory body; NOT a constitutional body. Derives powers from the DSPE Act 1946. **Distinction from NIA:** CBI investigates corruption, economic offences and serious/organised crimes (other than terrorism). The NIA (created post-2008 Mumbai attack) investigates terrorist attacks, terrorism funding and terror-related crimes. **Role and Importance:** The CBI plays an important role in the prevention of corruption and maintaining integrity in administration. It also provides assistance to the Central Vigilance Commission and Lokpal. **Organisation (as of 2019 — 7 divisions):** 1. Anti-Corruption Division 2. Economic Offences Division 3. Special Crimes Division 4. Policy and Coordination Division 5. Administration Division 6. Directorate of Prosecution 7. Central Forensic Science Laboratory (Originally 1963: 6 divisions — Investigation and Anti-Corruption Division, Technical Division, Crime Records and Statistics Division, Research Division, Legal and General Division, Administration Division) **Composition:** - Headed by a Director (Inspector-General of Police, Delhi Special Police Establishment) - Special Director or Additional Director assists the Director - Has Joint Directors, Deputy Inspector Generals, Superintendents of Police, and other police ranks - About 5000 staff, 125 forensic scientists, 250 law officers **Appointment of Director (post Lokpal Act 2013 amendment):** - Appointed by Central Government on recommendation of a 3-member committee: PM (Chairperson), Leader of Opposition in Lok Sabha, Chief Justice of India or nominated Supreme Court judge - Where no recognised LoP: leader of single largest opposition party in Lok Sabha (per DSPE Amendment Act 2014) - Director has security of 2-year tenure (by CVC Act 2003) **Superintendence:** - For PC Act 1988 investigations: CVC exercises superintendence over CBI - For all other matters: Central Government exercises superintendence **Appointments of SP-level and above in CBI (post Lokpal Act 2013):** - On recommendation of a committee: CVC (Chairperson), two Vigilance Commissioners, Secretary of Home Ministry, Secretary of DoPT **Functions:** - Investigate cases of corruption, bribery and misconduct of Central government employees - Investigate infringement of fiscal and economic laws (export/import control, customs, excise, income tax, FEMA etc.) — in consultation with or at request of concerned department - Investigate serious crimes with national/international ramifications by organised criminal gangs - Coordinate activities of anti-corruption agencies and state police forces - Take up, on state government request, any case of public importance - Maintain crime statistics and disseminate criminal information - Investigates corruption-related cases, economic offences, and conventional crimes. - Takes up investigation of conventional crimes like murder, kidnapping, rape etc., on reference from state governments or when directed by Supreme Court/High Courts. **Additional role:** - Acts as the **National Central Bureau of Interpol** in India — coordinates Interpol-related investigation requests **CBI vs. State Police (SPE supplementary role):** - SPE (division of CBI) supplements state police; both enjoy concurrent powers under DSPE Act 1946 - SPE takes cases substantially concerned with Central Government affairs/employees - State police takes cases substantially concerned with state government affairs/employees - SPE also takes up cases against employees of public undertakings or statutory bodies established and financed by the Central Government. **Prior Permission (Section 6A DSPE Act — now struck down):** - Earlier: CBI needed prior Central Government approval to investigate officers of Joint Secretary rank and above - Supreme Court on 6 May 2014: held Section 6A unconstitutional (violative of Article 14 — equality); CBI can now investigate any officer without prior sanction **CBI Academy:** Located at Ghaziabad, Uttar Pradesh (operational since 1996; earlier at CBI Training Centre, New Delhi). Three regional training centres at Kolkata, Mumbai, Chennai. Two types of courses: Short Term In-service Courses and Long Term Basic Courses. **Directorate of Prosecution (post Lokpal Act 2013):** - Headed by a Director, an officer not below the rank of Joint Secretary. - Appointed by the Central Government on the recommendation of the Central Vigilance Commission. - Holds office for a period of two years. - Functions under the overall supervision and control of the Director of CBI.

Both the National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) are **statutory bodies** established under the **Protection of Human Rights Act, 1993** (PHR Act). They are NOT constitutional bodies. The NHRC was established in 1993 (the President promulgated the ordinance on 28 September 1993; the Act received Presidential assent on 8 January 1994, with retrospective effect from 28 September 1993). The commission acts as the watchdog of human rights in the country. **Human rights** in this context refers to rights relating to life, liberty, equality and dignity guaranteed by the Constitution or embodied in international covenants (ICCPR and ICESCR, adopted by UN General Assembly on 16 December 1966; India acceded on 10 April 1979) and enforceable by courts in India. The specific objectives for the establishment of the commission include strengthening institutional arrangements for addressing human rights issues, independently looking into allegations of excesses, and complementing existing efforts in this direction. --- ### National Human Rights Commission (NHRC) **Composition (after 2019 Amendment):** - Chairperson: retired Chief Justice of India **or** a retired judge of the Supreme Court - Full-time Members (5 total): (1) serving or retired SC judge; (2) serving or retired Chief Justice of a High Court; (3) three persons having knowledge/practical experience in human rights — at least one must be a woman - Ex-officio Members (7): Chairpersons of — National Commission for Minorities, NCSC, NCST, National Commission for Women, NCBC, National Commission for Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities **Appointment:** By the President on recommendation of a 6-member committee: PM (head), Speaker of Lok Sabha, Deputy Chairman of Rajya Sabha, leaders of Opposition in both Houses, Union Home Minister. A sitting SC judge or sitting Chief Justice of HC can be appointed only after consultation with the Chief Justice of India. **Tenure (after 2019 Amendment):** Three years or until age 70, whichever is earlier. Eligible for reappointment. After tenure, not eligible for further employment under Central or state government. **Removal:** By the President. On specific grounds (insolvency, paid employment, infirmity etc.) — no Supreme Court reference needed. For proved misbehaviour or incapacity — President must refer to Supreme Court; SC advice is binding. **Salaries, allowances, and other conditions of service** of the chairperson and members are determined by the Central government, but they cannot be varied to their disadvantage after appointment. --- ### State Human Rights Commission (SHRC) **Jurisdiction:** Can inquire ONLY into violations in respect of subjects mentioned in the **State List (List II)** and **Concurrent List (List III)**. If the NHRC or any other statutory commission is already inquiring into a case, the SHRC does not take it up. Union territories (except Delhi): Central government may confer SHRC functions on relevant SHRC for a UT. Delhi's HR matters are handled by NHRC. **Composition (after 2006 Amendment + 2019 Amendment):** - Chairperson: retired Chief Justice of a High Court **or** a retired judge of a High Court - Members (2): (1) serving or retired HC judge, or District Judge with minimum 7 years as District Judge; (2) person with knowledge/practical experience in human rights - Total: 1 Chairperson + 2 Members = 3 members (reduced from 5 by 2006 Amendment) **Appointment:** By the Governor on recommendation of a committee: Chief Minister (head), Speaker of Legislative Assembly, State Home Minister, Leader of Opposition in Legislative Assembly. In states with Legislative Council: Chairman of Council and Leader of Opposition in Council are also members. A sitting HC judge or sitting District Judge can be appointed only after consultation with the Chief Justice of that HC. **Tenure:** Three years or until age 70, whichever is earlier. Eligible for reappointment. After tenure, not eligible for further employment under any state or Central government. **Removal:** Although appointed by the Governor, can only be removed by the **President** (not the Governor) — same grounds and procedure as NHRC. --- ### Common Features (NHRC and SHRC) **Functions:** - Inquire into HR violations or negligence in prevention by a public servant: suo motu, on petition, or on court order - Intervene in court proceedings involving HR allegations - Visit jails and detention places; make recommendations on conditions - Review constitutional and legal safeguards for HR; recommend improvements - Review factors (including terrorism) inhibiting HR enjoyment - Study treaties and international instruments on HR; recommend implementation - Undertake and promote HR research; spread HR literacy - Encourage NGO efforts in HR - Undertake such other functions as it may consider necessary for the promotion of human rights. **NHRC additional function:** Study international instruments and make recommendations for implementation **Working:** - Powers of a civil court; proceedings have judicial character - Commission cannot inquire into any matter after **one year** from the date of the alleged violation - Can call for information/reports from Central and state governments or any other authority subordinate thereto. - It has its own nucleus of investigating staff and can utilize services of any Central or state government investigation agency. - It also cooperates with NGOs having first-hand information about human rights violations. **Steps during/after inquiry:** - Recommend payment of compensation/damages to victim - Recommend initiation of prosecution against guilty public servant - Recommend immediate interim relief - Approach Supreme Court or High Court for necessary directions, orders or writs **Role:** Purely recommendatory — cannot punish violators or award monetary relief directly. Recommendations not binding on government but government must inform about action taken within **one month**. A former member has observed that its role is not powerless as no government can ignore its recommendations. **NHRC and armed forces:** Limited role — may seek report from Central government and make recommendations. Government informs NHRC of action taken within **three months** (longer than the one-month window for other recommendations). **Reports:** NHRC submits annual and special reports to Central government and concerned state governments. Reports are laid before respective legislatures with memorandum on action taken and reasons for non-acceptance. **Human Rights Courts:** PHR Act also provides for Human Rights Courts in every district for speedy trial of HR violations. Set up by state government only with concurrence of the Chief Justice of that HC. Each court has a special public prosecutor (advocate with 7 years practice minimum). **2019 Amendment (Protection of Human Rights Amendment Act, 2019):** 1. Person who has been a judge of the SC (not just Chief Justice of India) eligible as NHRC Chairperson 2. NHRC members with HR experience increased from 2 to 3; at least one must be a woman 3. NCBC Chairperson, NCPCR Chairperson and Chief Commissioner for Persons with Disabilities added as NHRC ex-officio members 4. Term reduced from 5 to **3 years**; made eligible for reappointment 5. Person who has been a HC judge (not just Chief Justice of HC) eligible as SHRC Chairperson 6. Central government may confer UT HR functions on SHRCs (except Delhi → NHRC) 7. Secretary-General of NHRC to exercise administrative and financial powers (except judicial and regulation-making) 8. Secretary of SHRC to exercise administrative and financial powers subject to chairperson's control

Both the Central Information Commission (CIC) and State Information Commissions (SICs) are **statutory bodies** established under the **Right to Information Act, 2005** (RTI Act). They are NOT constitutional bodies. The CIC was established by the Central Government in 2005 through an Official Gazette Notification under the RTI Act. --- ### Central Information Commission (CIC) **Composition:** - Chief Information Commissioner (CIC) + not more than 10 Information Commissioners (ICs) — currently 6 ICs as of 2019 - Appointed by the President on recommendation of a committee: PM (Chairperson), Leader of Opposition in Lok Sabha (or leader of single largest opposition party if no recognised LoP), a Union Cabinet Minister nominated by the PM - Must be persons of eminence in public life with wide knowledge in law, science and technology, social service, management, journalism, mass media or administration and governance - Should NOT be: MP or MLA; holder of any other office of profit; connected with any political party; carrying on any business or pursuing any profession **Tenure and Service (post RTI Amendment Act 2019):** - Term: as prescribed by Central Government (earlier was 5 years — fixed; changed by 2019 Amendment) - Age limit: 65 years - NOT eligible for reappointment (however, an IC can be appointed as CIC but total tenure cannot exceed 5 years including time as IC) - The salary, allowances and other service conditions are prescribed by the Central Government but cannot be varied to their disadvantage during service. **Removal (by President):** - Adjudged insolvent; convicted of offence involving moral turpitude; engaged in paid employment outside duties; unfit due to infirmity; acquired financial/other interest prejudicial to official functions - For proved misbehaviour or incapacity: President refers to Supreme Court; SC advice binding **Salary (post RTI Amendment 2019):** As prescribed by Central Government (earlier: CIC's salary was equal to Chief Election Commissioner; IC's salary was equal to Election Commissioner — changed by 2019 Amendment) --- ### State Information Commission (SIC) **Composition:** - State Chief Information Commissioner (SCIC) + not more than 10 State Information Commissioners (SICs) - Appointed by the Governor on recommendation of a committee: Chief Minister (Chairperson), Leader of Opposition in Legislative Assembly (or leader of single largest opposition group), a State Cabinet Minister nominated by CM - Same eligibility criteria as CIC members **Tenure and Service (post RTI Amendment 2019):** - Term: as prescribed by Central Government (earlier was 5 years — changed by 2019 Amendment) - Age limit: 65 years - NOT eligible for reappointment (an SIC can become SCIC but total tenure limited to 5 years) **Removal (by Governor):** - Same grounds as CIC members - For proved misbehaviour or incapacity: Governor refers to Supreme Court; SC advice binding **Salary (post RTI Amendment 2019):** As prescribed by Central Government (earlier: SCIC salary was equal to Election Commissioner; SIC salary was equal to Chief Secretary of state — changed by 2019 Amendment) --- ### Common Features **Jurisdiction:** - CIC: complaints and appeals pertaining to offices, financial institutions, PSUs etc. under Central Government and Union Territories - SICs: complaints and appeals pertaining to offices, financial institutions, PSUs etc. under the concerned state government **Powers and Functions:** - Receive and inquire into complaints from persons who: could not submit information request due to no PIO; were refused information; did not receive response within time; were charged unreasonable fees; think information given is incomplete/misleading/false; any other RTI matter - Can order inquiry into any matter on reasonable grounds (suo motu power) - Powers of a civil court: summoning persons, requiring discovery/inspection of documents, receiving evidence on affidavit, requisitioning public records, issuing summons - During inquiry: can examine any public record under the public authority's control; no record can be withheld on any grounds - Power to secure compliance of decisions from public authority: providing access to information; directing appointment of PIO; publishing information; changing record management practices; enhancing training; seeking annual compliance reports; requiring compensation to applicant; imposing penalties; rejecting application - Can impose penalty on Public Information Officer: ₹250 per day up to maximum ₹25,000; can recommend disciplinary action - Annual report submitted to Central/State Government; laid before Parliament/State Legislature - The Commission may recommend steps to the authority when a public authority does not conform to the provisions of the Act. **RTI Amendment Act 2019 — Key Changes:** 1. Term of CIC and ICs: no longer fixed at 5 years; prescribed by Central Government 2. Term of SCIC and SICs: no longer fixed at 5 years; prescribed by Central Government 3. Salary of CIC: no longer equivalent to Chief Election Commissioner; as prescribed by Central Government 4. Salary of IC: no longer equivalent to Election Commissioner; as prescribed by Central Government 5. Salary of SCIC: no longer equivalent to Election Commissioner; as prescribed by Central Government 6. Salary of SIC: no longer equivalent to Chief Secretary; as prescribed by Central Government 7. Pension deduction provisions removed for all four categories **Ministry**: CIC falls under Ministry of Personnel, Public Grievances and Pensions

Lokpal (at the Centre) and Lokayuktas (at states) are ombudsman-type institutions created to redress citizens' grievances against public servants and to check corruption. The concept was borrowed from the Scandinavian institution of Ombudsman — first established in Sweden in 1809 — and recommended for India by the First Administrative Reforms Commission (ARC) in 1966. The term 'Ombud' means "representative or spokesman of another person." India enacted the Lokpal and Lokayuktas Act in 2013 after ten failed legislative attempts since 1968. The Lokpal covers the Union level. It has jurisdiction over the Prime Minister, Ministers, Members of Parliament, and Group A, B, C, D officers of the Central Government. Lokayuktas are set up at the state level; their structure and jurisdiction varies by state. Maharashtra established the first Lokayukta in 1971 (though Odisha passed its Act first in 1970, it came into force only in 1983).

The Central Vigilance Commission (CVC) is the main agency for preventing corruption in the Central government. It is the apex vigilance institution, free from control of any executive authority, monitoring all vigilance activity under the Central Government. **Establishment:** - Created in 1964 by an executive resolution of the Central Government, on the recommendation of the **Santhanam Committee on Prevention of Corruption (1962–64)**. - Originally, neither a constitutional nor a statutory body. - In 2003, Parliament enacted a law conferring **statutory status** on the CVC (Central Vigilance Commission Act, 2003 — received Presidential assent 11 September 2003). - In 2004, the CVC was designated as the agency to receive complaints under the **"Public Interest Disclosure and Protection of Informers' Resolution" (PIDPI)** — the "Whistle Blowers" Resolution. **Composition:** - Central Vigilance Commissioner (Chairperson) + not more than 2 Vigilance Commissioners - Appointed by the President by warrant under his hand and seal, on recommendation of a 3-member committee: PM (head), Union Home Minister, Leader of Opposition in Lok Sabha - Tenure: **4 years** or until age **65**, whichever is earlier - After tenure: not eligible for further employment under Central or state government - Salary: Central Vigilance Commissioner's salary similar to Chairman of UPSC; Vigilance Commissioner's salary similar to member of UPSC - Salary, allowances and other conditions of service cannot be varied to his disadvantage after appointment. **Removal (by President):** - Specific grounds (insolvency, paid employment, infirmity etc.): no Supreme Court reference needed - Proved misbehaviour or incapacity: President refers to Supreme Court; SC advice binding - Deemed misbehaviour: interested in any Central government contract OR participates in profit of such contract **Organisation:** - Secretariat: Secretary, Joint Secretaries, Deputy Secretaries, Under Secretaries, and office staff. - Chief Technical Examiners' Wing (CTE): Chief Engineers (Chief Technical Examiners); conducts technical audit of construction works, investigates complaint cases involving construction, assists CBI in technical matters, advises CVC/CVOs on technical vigilance matters. - Commissioners for Departmental Inquiries (CDIs): act as Inquiry Officers in departmental proceedings against public servants. **Functions:** 1. Inquire into/cause inquiry/investigation on Central government reference — alleged PC Act 1988 offences by Central government employees or public servants 2. Inquire into complaints against: All-India Services members serving the Union; Group A Central government officers; specified level officers of Central government authorities 3. **Superintendence over CBI** (Delhi Special Police Establishment) in investigations under the Prevention of Corruption Act 1988 4. Give directions to CBI for such investigations 5. Review progress of CBI investigations under PC Act 1988 6. Review pending applications for sanction of prosecution under PC Act 7. Tender advice to Central government on referred matters 8. Superintendence over vigilance administration in Central ministries 9. Inquire into complaints under PIDPI (Whistle Blowers Resolution); recommend action 10. Consulted by Central government in framing rules on vigilance and disciplinary matters for Central and All-India Services 11. CVC Chairperson heads the committee recommending appointment of Director of Enforcement and officers above the level of Deputy Director of Enforcement (in consultation with the Director) 12. Notified as specific authority to receive suspicious transaction information under PMLA 2002 **Additions by Lokpal and Lokayuktas Act 2013:** - Director of Prosecution in CBI appointed on CVC's recommendation - CVC heads committee recommending appointments of SP-level and above officers in CBI (except CBI Director) - CVC to conduct preliminary inquiry into Lokpal-referred complaints for Groups A, B, C and D officers; sends Group A and B reports to Lokpal; takes further action on Group C and D cases **Jurisdiction covers:** - Members of All-India Services (Union affairs) and Group A Central Government officers - Officers of Scale V and above in Public Sector Banks - Officers in Grade D and above in RBI, NABARD, SIDBI - Chief Executives and Board Executives of E-8 and above in Schedule A & B PSUs - E-7 and above in Schedule C & D PSUs - Managers and above in General Insurance Companies - Senior Divisional Managers and above in LIC - Officers drawing ₹8700/month (pre-revised) and above in Central Government-owned/controlled societies and local authorities **Working:** Headquarters in New Delhi; powers of civil court; proceedings judicial in character. On receipt of inquiry report, advises Central government on further course of action. Government must consider the advice; if it disagrees, it must record reasons in writing and communicate to CVC. Annual performance report to the President; President places it before Parliament. **Chief Vigilance Officers (CVOs):** All Central ministries/departments have a CVO who heads the vigilance division; links the organisation with CVC and CBI; collects intelligence on corrupt practices; investigates verifiable allegations; processes investigation reports for disciplinary authority. **Whistle Blowers Protection Act 2014:** - Mechanism for protecting identity of whistle blowers (people exposing corruption) - System to encourage disclosure about corruption or wilful misuse of power by public servants including ministers - Competent authority to receive complaints: CVC (government may notify other bodies too) - Punishment for false/frivolous complaints: up to 2 years imprisonment + fine up to ₹30,000 - Complaints must be in good faith; complainant must declare they believe the information to be substantially true - Not applicable to the Special Protection Group (SPG) - No action on disclosure if it doesn't indicate identity of complainant or public servant, or if identity is found to be incorrect.