UNIT - 5
Statutory Institutions
Statutory bodies’ are established by acts that Parliament and State Legislatures will pass. These bodies’ are entities formed by associate degree Act of Parliament or state legislatures and discovered by the govt to contemplate the info and create judgments in some space of activity.
Basically, a statutory body is a company of state that isn't demarcated in Constitution of Asian country, however it gets its powers, service rules, and authority by associate degree act of parliament or state legislatures. They’re typically established to perform specific functions that a government considers effectively performed outside a standard division govt structure.
They fulfil the necessity for a few operational independence from the government; funding arrangements that aren't hooked in to the annual appropriations processes; or to determine a separate legal body. Statutory bodies ar ordinarily discovered in countries that are dominated underneath republic sort of political setup.
Under the law, statutory bodies are organizations with the authority to watch that the activities of a business and check whether or not these establishments ar legal and follow official rules. For instance, the final Medical Council is that the statutory body that regulates doctors.
The statutory bodies could also be established to allow a definite level of independence from government, the govt continues to be responsible to ensure that taxpayer’s funds spent within the operations of statutory bodies ar spent within the most, effective and economical means.
These bodies are subject to varied degrees of ministerial management that ar known within the statutory body’s statute law. Ministers ar responsible to Parliament for the operation of all government boards and agencies at intervals their portfolios and ar necessary to table their annual reports in Parliament. State representatives have authority for several reasons like transparency, responsibility, effectiveness, and bipartisanship.
The means of a ‘statutory body’ might amendment relying upon the legislation. For instance, an area council isn't a statutory body for the needs of the monetary responsibility Act, however it's for the needs of the Statutory Bodies monetary Arrangements Act.
All statutory bodies are established and operate underneath the provisions of their own statute law that sets out the aim and specific powers of the agency.
The statute law might also embody provisions for the degree of fees to be charged for services/products provided by the statutory body, the ability of the statutory body to borrow or invest funds, whether or not the board will delegate powers to officers of the statutory body and whether or not the body represents the State.
The example of statuary body is that the University Grants Commission, a statutory organization established by associate degree Act of Parliament in 1956 for the coordination, determination, and maintenance of standards of university education. With the exception of providing grants to eligible universities and faculties, the Commission additionally recommends the Central and State Governments on the measures that are necessary for the event of upper Education.
Constitutional Bodies
Constitutional bodies are necessary bodies in Asian country that derive their powers and authorities from the Indian Constitution.
• They are specifically mentioned within the Constitution that means they need dedicated articles.
• Any amendment within the mechanism of those bodies would need a constitutional change.
• Important bodies like the Finance Commission, the UPSC, the commission, the CAG, National Commissions for SCs and STs, etc. ar constitutional bodies.
Statutory Bodies
These are non-constitutional bodies as they are doing not realize any mention within the Constitution.
• They also are necessary bodies because of their operate.
• They are created by associate degree Act of Parliament.
• They are known as ‘statutory’ since statutes are laws created by the Parliament or the general assembly.
• Since these bodies derive their power from statutes or laws created by the Parliament, they're called statutory bodies.
• For example, the Securities and Exchange Board of Asian country (SEBI) could be a statutory body. It had been discovered in 1988 and was given statutory powers in 1992 through the passing of the SEBI Act, 1992.
• Other examples: NHRC, distinctive Identification Authority of Asian country (UIDAI), Central Vigilance Commission (CVC), Central data Commission, etc.
Regulatory Bodies
Regulatory bodies are public or government agencies chargeable for sweat autonomous authority over some space of act in an exceedingly regulative or higher-up capability.
• Some regulative bodies are freelance, which suggests they're freelance of any branch of the govt.
• They are discovered to enforce safety and standards.
• They have the charge of creating norms of a specific space of act, and additionally supervision the bodies used in this activity.
• They are established by legislative acts.
Executive Bodies
These bodies are non-constitutional and non-statutory.
• They aren't mentioned within the Constitution.
• They also are not established by associate degree act of Parliament.
• They are shaped by govt resolution or action, which suggests that they're shaped by the government’s action solely.
• They is reborn into a statutory body by enacting a law. For instance, the UIDAI was created into a statutory body once it had been established by enacting a brand new law.
• Examples of govt bodies: the now-defunct commission, the NITI Aayog, National Law Commission, etc.
Judicial Bodies
- Judicial body’s square measure courts in India. Their chief objective is to supply justice by following the laws of the land.
- Quasi-judicial Bodies
- A quasi-judicial body will be a personal or body with powers resembling a court of law.
- They will adjudicate and judge penalties on the guilty.
- They square measure completely different from judicial bodies in this their field is proscribed compared to a court.
- They will be shaped on a matter unfinished in court, by writ if the court considers it necessary; the court reserves the correct to appoint members of such a body.
- They will be tribunals for a selected domain, or like associate intercessor.
- Quasi-judicial bodies have adjudicating powers in such matters as:
1. Breach of discipline
2. Trust in cash matters or otherwise
3. Conduct rules
Their authority is proscribed to specific areas like:
- Money markets
- Land use and sectionalization
- Public standards
- Employment law
- Specific set of laws of bureau
- Decisions of a quasi-judicial body square measure usually wrongfully enforceable underneath the laws of a jurisdiction.
- Examples of quasi-judicial bodies: National Human Rights Commission, National client Disputes Redressal Commission, Competition Commission of India, revenue enhancement proceeding judicature, proceeding judicature for Electricity, Railway Claims judicature, belongings proceeding judicature, Banking investigator, etc.
Key Takeaways
- A statutory body is a corporation of presidency that isn't demarcated in Constitution of India, however it gets its powers, service rules, authority by associate act of parliament or state legislatures
- The statutory bodies is also established to allow an exact level of independence from government, the govt remains responsible to ensure that taxpayers funds spent within the operations of statutory bodies square measure spent within the most, effective and economical method.
- Regulatory bodies square measure public or government agencies accountable for exertion autonomous authority over some space of human action in an exceedingly restrictive or superordinate capability
5.1.1 Elections-Election Commission of India
The committee of {india|India|Republic of India|Bharat|Asian country|Asian nation} (ECI) is associate autonomous and permanent constitutional body accountable for organizing free and truthful elections within the Union and States of India. The Constitution grants the ECI with the ability of direction, oversight, and management of elections to Parliament, state legislatures, the workplace of president of {india|India|Republic of India|Bharat|Asian country|Asian nation} and also the workplace of vice-president of India. The ECI doesn't trot out the elections to the urban bodies like Municipalities and Panchayats within the states and thence, a separate State committee.
- Powers and responsibilities
The Commission’s functions and powers with regard to elections square measure divided into 3 classes (Administrative, Advisory, and Quasi-judicial). In detail, these powers embody
1) Determinative the Electoral Constituencies’ territorial areas throughout the country.
2) Making ready and sporadically editing electoral rolls and registering all eligible voters.
3) Notifying the schedules and dates of elections and scrutinizing nomination papers.
4) Granting recognition to the varied political parties and allocating them election symbols.
5) The Commission conjointly has consolatory jurisdiction within the matter of post-election disqualification of sitting members of Parliament and State Legislatures.
6) It problems the Model Code of Conduct in elections for political parties and candidates so nobody indulges in unfair observe or there's no arbitrary abuse of powers by those in power.
Composition of committee
Since its origin in 1950, the committee had been a single body with solely the Chief Election Commissioner (CEC) as its sole member. Later, 2 a lot of election commissioners were appointed to the body and also the committee became a multi-member body with three election commissioners. The President appoints the Chief Election Commissioner and different election commissioners. The tenure of workplace and also the conditions of service of all the commissioners is decided by the President. The chief and also the 2 different election commissioners have identical powers and emoluments together with salaries, that square measure identical as a Supreme Court choose. Just in case of a distinction of opinion amongst the 3 members, the matter is set by the Commission by a majority.
- Article 324
- Article 324 of The Constitution of India mentions the provisions to safeguard and make sure the freelance and impartial functioning of the committee.
- The chief election commissioner is given security of tenure. He can't be off from his workplace except within the same manner and on identical grounds as a choose of the Supreme Court. In different words, he will be removed by the President on the idea of a resolution passed to it result by each the homes of Parliament with a special majority, either on the bottom of proved wrongful conduct or incapacity. The other election commissioner or a regional commissioner can't be off from workplace except on the advice of the chief election commissioner.
5.1.2 National Human Rights Commission
- NHRC of India is associate freelance statutory body established on twelve October 1993 as per provisions of Protection of Human Rights Act, 1993, later amended in 2006.
- NHRC has celebrated its jubilee (25 years) on October 12, 2018. Its headquarters is found in capital of India.
- It is that the watchdog of human rights within the country, i.e. the rights associated with life, liberty, equality and dignity of the individual secure by Indian Constitution or embodied within the international covenants and enforceable by courts in India. It was established in conformity with the Paris Principles, adopted for the promotion and protection of human rights in Paris (October 1991) and endorsed by the General Assembly of the United Nations on 20 December 1993.
Background
- Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly in Paris on ten Gregorian calendar month 1948.
- It could be a milestone declaration within the history of human rights that sets out, for the primary time, basic human rights to be universally protected.
- Human Rights Day is discovered each year on ten Gregorian calendar month that is that the day of remembrance of the UDHR. In 2018, Human Rights Day marked the seventieth day of remembrance the declaration.
- In due time the growing importance of strengthening national human rights establishments has been recognized and in 1991, a UN meeting in Paris has developed a close set of principles i.e. Paris Principles. These principles became the muse for the institution and operation of national human rights establishments.
- In consistent to those principles, Asian country has enacted the Protection of Human Rights Act, 1993, with a read to evoke bigger answerability and strengthening of the human rights within the country.
- This act conjointly approved State Governments to determine State right Commission.
Structure of the Commission
- NHRC could be a multi-member body that consists of a boss and 7 different members. Out of the seven members, 3 square measure ex-officio member.
- President appoints the Chairman and members of NHRC on recommendation of high-powered committee headed by Prime Minister.
- The chair and also the members of the NHRC square measure appointed for five years or until the age of seventy years, whichever is earlier.
- They may be removed solely on the costs of evidenced misdeed or incapacity, if evidenced by associate degree inquiry conducted by a Supreme Court choose.
- Commission conjointly has 5 specialized Divisions i.e. Law Division, Investigation Division, Policy analysis & Programmed Division, coaching Division and Administration Division.
- The chairman and also the members of State Commission square measure appointed by the Governor in consultation with the Chief Minister, Home Minister, Speaker of legislature and Leader of the Opposition within the State legislature.
Functions and Powers of NHRC
• NHRC investigates grievances concerning the violation of human rights either suo moto or once receiving a petition.
• It has the facility to interfere in any judicial proceedings involving any allegation of violation of human rights.
• It will visit any jail or the other establishment beneath the management of the authorities to envision the living conditions of the inmates and to create recommendations on that.
• It will review the safeguards provided beneath the constitution or any law for the protection of the human rights and may suggest acceptable remedial measures.
• NHRC undertakes and promotes analysis within the field of human rights.
• NHRC works to unfold human rights acquirement among numerous sections of society and promotes awareness of the safeguards on the market for the protection of those rights through publications, media, and seminars and different suggests that.
• The Commission takes associate degree freelance stand whereas providing opinions for the protection of human rights inside the expression of the Constitution or in law for the nonce implemented.
• It has the powers of a civil court and may grant interim relief.
• It conjointly has the authority to suggest payment of compensation or damages.
• NHRC credibleness is punctually mirrored in sizable amount of complaints received each year and also the trust reposed in it by the voters.
• It will suggest to each the central and state governments to require appropriate steps to stop the violation of Human Rights. It submits its annual report back to the President of Asian country UN agency causes it to be arranged before every House of Parliament.
Limitations of NHRC
- NHRC doesn't have any mechanism of investigation. In majority cases, it asks the involved Central and State Governments to analyze the cases of the violation of Human Rights
- It has been termed as ‘India’s teasing illusion’ by Soli Sorabjee (former Attorney-General of India) thanks to its incapacity to render any sensible relief to the aggrieved party.
- NHRC will solely build recommendations, while not the facility to enforce choices.
- Many times, NHRC is viewed as post-retirement destinations for judges and bureaucrats with political affiliation what is more, inadequacy of funds conjointly hamper its operating.
- Many grievances go unaddressed as a result of NHRC cannot investigate the criticism registered once one year of incident.
- Government typically out justifiably rejects recommendation of NHRC or there's partial compliance to those recommendations.
- State human rights commissions cannot concern info from the national government, which suggests that they're implicitly denied the facility to analyze militia beneath national management.
- National Human Rights Commission powers associated with violations of human rights by the militia are mostly restricted.
5.1.3 National commission for girls
The National Commission for girls was shaped with associate degree intention to determine associate degree equal and simply living for girls by creating legal and constitutional amendments for girls in Asian country. The Violence against ladies could be a basic violation of human rights, across nations, societies, cultures and categories and to prevent this violation of the basic right; this Commission was shaped. Problems faced by the women in the country has been one of the biggest concerns of the Government and other authorities. Over the years, many Commissions have been set up by the Government to investigate the welfare of Women in the country. According to the reports of these commissions, all of them state the necessity of setting up an apex body for reviewing and addressing the grievances of women in the country. The demand for setting up a body persisted for long and ultimately to keep the interest of the people, the National Commission for Women Bill 1990 was introduced in the Lok Sabha on 22nd May 1990.
National Commission for Women is also one of the significant statutory bodies established by the Government of India. It was established in 1992 under the provisions of the National Commission for Women Act, 1990.
The Central Government took the initiative to ascertain this Commission by keeping visible the provisions of India’s constitution to strengthen the ladies in country through addressing plights, suppressions and alternative forms of violence they use to face.
National Commission for ladies conjointly takes the initiatives for overall development of ladies community in whole country.
Main aim of National Commission for ladies is to boost the priority for the ladies and to represent itself for his or her rights. This Commission takes under consideration the problems and considerations of ladies community and advises for the authentic resolution of all the issues they face.
This Commission takes into thought several common problems related to ladies and their repression from dowery to non-secular or political factors and most significantly their equal illustration in job market and alternative exploitations.
Composition of National Commission for ladies
The Commission should incorporates a minimum range of members which has a chairwoman, a member secretary, and therefore the alternative 5 members.
• Chairperson: The central government ought to nominate the chairwoman.
• Five members: The 5 members are to be appointive by the central government from amongst the person of ability, integrity, and standing. They must possess expertise in varied fields like law or legislation, trade union movement, management of trade potential of ladies, women’s voluntary organization, education, administration, economic development, and social good-being.
• Member Secretary: The Central Government conjointly nominates member secretary. He/ she ought to be either associate degree professional within the field of management, a company, or an official WHO may be a member.
Functions of National Commission for ladies
• Inquiry and Investigation
The National Commission of ladies enjoys the powers of a civil court. It investigates and examines the matters associated with the safeguards ensured for female society underneath the Constitution of Asian country. It took complaints suo moto notice of problems associated with the non- implementation of laws and non- social control of laws and non -compliance of policy selections, pointers enacted and geared toward mitigating hardships making certain the welfare and so take up problems arising out of matter with the involved authorities.
• Action analysis
NCW members participate within the designing method of socio-economic development of ladies, propose measures to encourage their illustration altogether spheres, and review their advancement. It conjointly examines the safeguards provided for ladies within the Constitution and alternative laws study their operating, suggest amendments to satisfy any inadequacies or deficiencies, and advocate measures for effective implementation.
• Legal Intervention
The Parivarik Mahila Lok Adalat, (PMLA) is associate degree innovative part with its roots within the ancient Nyaya Panchayats. It’s created by NCW for the redressal and speedy disposal of cases. It’s haunted 7500 cases up to now. The essential feature of PMLA is cordial mutual settlement and suppleness in implementation, attending to empower ladies within the justice delivery mechanism.
1. Work because the coordinative agency to receive and method all the complaints associated with Indian ladies deserted by their Overseas Indian husbands.
2. Shall render all attainable help to the complaints as well as conciliation, mediation between the parties and advising the litigant on connected problems.
3. Associating, networking with NGOs, community organizations in Asian country and overseas and State ladies Commissions for wider space coverage, thus on assist easy accessibility and supply support services.
4. Shall endeavor towards a coordinated response amongst varied Government agencies/organizations like State Governments, The National Human Rights Commission, Indian Embassies and Mission, involved Ministries etc.
5. Facilitate the distressed lady in proceedings and alternative problems bearing on the complainant/case.
6. Shall maintain a knowledge bank record of cases registered.
7. Request reports from the regime and alternative authorities on the complaints filed and action taken on that.
8. Shall recommendation and suggest the govt. On any policy or issue regarding the NRI marriages.
9. Investigate varied legal treaties on the difficulty and recommendation the govt. On the topic, where needed.
10. Shall represent associate degree consolatory committee panel of purported advocates/NGOs, each in Asian country furthermore as abroad, that shall intermittently review the functioning of the cell, cases filed and policy problems.
11. Shall represent a panel of consultants (All India) to support the aggrieved adult female and rendering legal services and alternative help, as well as mediation and conciliation
12. Designing coaching of coaching modules and conducting training on sensitization on the topic to the varied agencies entrusted with the task of providing justice, via. Judiciary, police, administration, etc.
13. Shall organize awareness campaigns for the plenty on the difficulty.
14. This commission has responsibility to encourage /support analysis and study within the connected field like problems with grievances related to twin citizenship, enactment of recent legislation or linguistic communication of international treaties, wedding laws of alternative countries, etc.
15. NCW should investigate complaints and take suo-moto notice on any issue delivered to the notice of the NRI Cell in accordance with Section ten (1)(f) of the National Commission for ladies Act , 1990 browse with sub-section four of Section ten and Section eight of the Act.
16. The cell shall management its own procedures in accordance with the National Commission for ladies Act 1990.
17. NCW should perform the other perform as assigned to that by the Commission/Central Government.
- Investigation and Examination: Investigate and examine all the matters about the safeguards provided for the ladies below the Constitution and alternative laws
- Presentation of Reports: Table reports to the Central Government, each year and at such alternative times because the Commission might take for work, reports upon the operating of these safeguards
3. Recommendations: create in such reports and proposals for the effective accomplishment of these safeguards for enhancing the conditions of the ladies by the Union or any State.
4. Review, each currently so, this provisions of the Constitution and alternative laws distressing the ladies and order alterations and counsel curative legislative measures meet any break, inadequacies, and incapacity in such legislation.
5. Cases of Violation: Take up cases of infringement of the provisions of the Constitution and of alternative laws about the ladies with the relevant authorities
6. Suo Moto Notice: it's into complaints and takes Suo expression notice of matters about deprivation of women’s rights, Non-implementation of the laws, and Non-compliance of policy choices guaranteeing the welfare for girls’ society.
7. Special Studies and Investigation: It conducts special studies or investigation on the regarding problems or circumstances rising out of segregation and outrages against girls and acknowledges the constraints so as to counsel techniques for his or her expulsion
8. Research: Undertake the promotional and academic analysis thus on propose ways in which of making certain due illustration of girls altogether fields and identifies the factors answerable for clogging the support services and technologies for reducing toil and skilled health hazards and for escalating their potency.
9. Participation altogether spheres significantly in Planning: participate and recommendation on the look method of socio-economic development of girls
10. Evaluation: assess the progress of the event of girls’ society below the Union and State.
11. Inspection: investigate or cause to be inspected a jail, remand home women’s institution or alternative places of guardianship wherever girls area unit unbroken as detainees.
12. Funding: fund legal proceeding, relating problems touching an oversized body of girls.
13. Reporting: create periodical reports on any issue bearing on girls and particularly numerous difficulties below that girls toil.
Drawbacks of National Commission for girls
- It has no actual legislative powers. It solely has the powers to counsel amendments and submit reports that don't seem to be obligatory on a state or Union Governments.
- It doesn't have the facility to settle on its own members. The facility choosing members is unconditional with the Union Government and also the nature of the country’s volatile political state of affairs tends the commission to be politicized.
- It is dependent on monetary help from the Union Government and this might compromise the independence of the Commission.
- The jurisdiction of the commission isn't operational in Jammu and Cashmere and considering this political unrest and human rights infringements within the region, the presence of commission is significant.
Complaints and counsel Unit of National Commission for girls
This cell is that the Core unit of the commission and professional members. The facility choosing members is unconditional with the Union Government and also the nature of the country’s volatile political state of affairs tends the commission to be politicized.
The jurisdiction of the commission isn't operational cases the complaints received oral, written, or suo moto below Section ten of the NCW Act. The complaints received relate to force, harassment, dowry, torture, desertion, bigamy, rape, and refusal to register FIR, cruelty by husband, deprivation, gender discrimination, and molestation at the work.
The complaints area unit restrained and tackled in numerous ways in which like Investigations by the police area unit fast and monitored, disaggregated knowledge area unit created accessible to numerous state authorities to facilitate action, family disputes area unit resolved or compromised through counsel.
Key Takeaways
- Article 324 of The Constitution of Republic of India mentions the provisions to safeguard and make sure the freelance and impartial functioning of the commission.
- NCW members participate within the designing method of socio-economic development of girls, propose measures to encourage their illustration altogether spheres, and review their advancement.
- The Parivarik Mahila Lok Adalat, (PMLA) is associate innovative part with its roots within the ancient Nyaya Panchayats. It's created by NCW for the redressal and speedy disposal of cases. It's concerned 7500 cases to this point.
References:
1. D.D. Basu, Introduction to the constitution of India, Lexis Nexis, New Delhi
2. Subhash Kashyap, Our Parliament, National Book Trust, New Delhi
3. Peu Ghosh, Indian Government &Politics, Prentice Hall of India, New Delhi
4. B.Z. Fadia & Kuldeep Fadia, Indian Government &Politics, Lexis Nexis, New Delhi
