Indian Polity – Class 32
Topics covered:
- Central Information Commission
- State Information Commission
- NITI Aayog
- Lokpal and Lokayukta
Ganesh Kumar. M
Central Information Commission
- The Central Information Commission was established an act
of Parliament under the provisions of the Right to Information
Act (2005).
Composition:
- The Central Information Commission shall consist of the
Chief Information Commissioner (CIC) and such number of Central
Information Commissioners not exceeding 10 as may be deemed
necessary.
- The Commission consists of a Chief Information
Commissioner and six Information Commissioners apart from the
Chief Information Commissioner.
Appointed by:
-They are appointed by the President on the recommendation
of a committee consisting of
- The Prime Minister as Chairperson,
- The Leader of Opposition in the Lok Sabha and
- Union Cabinet Minister nominated by the Prime
Minister.
Qualification:
- They should be persons of eminence in public life with wide
knowledge and experience in law, science and technology, social
service, management, journalism, mass media or administration
and governance.
- They should not be a Member of Parliament or Member of
the Legislature of any State or Union Territory.
- They should not hold any other office of profit or connected
with any political party or carrying on any business or pursuing
any profession.
Term of office - The Chief Information Commissioner and an
Information Commissioner shall hold office for such term as
prescribed by the Central Government or until they attain the age
of 65 years, whichever is earlier.
At present, The Chief Information Commissioner, or
Information Commissioners, as the case may be, shall hold office
for a period of three years from the date on which he enters upon
his office.
- They are not eligible for reappointment.
Grounds for Removal:
The President can remove the Chief Information
Commissioner or any Information Commissioner from the office
under the following circumstances:
(a)if he is adjudged an insolvent; or
(b)if he has been convicted of an offence which (in the
opinion of the President) involves a moral turpitude; or
(c)if he engages during his term of office in any paid
employment outside the duties of his office; or
(d)if he is (in the opinion of the President) unfit to
continue in office due to infirmity of mind or body; or
(e)if he has acquired such financial or other interest as
is likely to affect prejudicially his official functions.
- In addition to these, the President can also remove the Chief
Information Commissioner or any Information Commissioner on
the ground of proved mis-behaviour or incapacity.
- However, in these cases, the President has to refer the
matter to the Supreme Court for an enquiry. If the Supreme Court,
after the enquiry, upholds the cause of removal and advises so,
then the President can remove him.
Salaries and allowances:
The salary, allowances and other service conditions of the
Chief Information Commissioner and an Information
Commissioner shall be such as prescribed by the Central
Government. But they cannot be varied to his disadvantage
during service.
Functions:
It is the duty of the Commission to receive and inquire into a
complaint from any person:
(a) who has not been able to submit an information
request because of non-appointment of a Public Information
Officer.
(b) who has been refused information that was
requested;
(c) who has not received response to his information
request within the specified time limits;
(d) who thinks the fees charged are unreasonable;
(e) who thinks information given is incomplete,
misleading or false; and
(f) any other matter relating to obtaining information.
2. The Commission can order inquiry into any matter if there
are reasonable grounds (suo-moto power).
3. While inquiring, the Commission has the powers of a civil
court.
The Commission submits an annual report to the Central
Government on the implementation of the provisions of this Act.
The Central Government places this report before each House of
Parliament.
State Information Commission:
- The State Information Commission is a high-powered
independent body which inter alia looks into the complaints made
to it and decide the appeals.
- The Commission consists of a State Chief Information
Commissioner and not more than ten State Information
Commissioners.
- They are appointed by the Governor on the recommendation
of a committee consisting of
- the Chief Minister as Chairperson,
- the Leader of Opposition in the Legislative Assembly
and
- a State Cabinet Minister nominated by the Chief
Minister.
Qualification:
- They should be persons of eminence in public life with wide
knowledge and experience in law, science and technology, social
service, management, journalism, mass media or administration
and governance.
- They should not be a Member of Parliament or Member of
the Legislature of any State or Union Territory.
- They should not hold any other office of profit or connected
with any political party or carrying on any business or pursuing
any profession.
TENURE AND SERVICE CONDITIONS:
- The State Chief Information Commissioner and a State
Information Commissioner shall hold office for such term as
prescribed by the Central Government or until they attain the age
of 65 years, whichever is earlier.
- They are not eligible for reappointment.
- The Governor can remove the State Chief Information
Commissioner or any State Information Commissioner from the
office under the following circumstances:
(a) if he is adjudged an insolvent; or
(b) if he has been convicted of an offence which (in the
opinion of the Governor) involves a moral turpitude; or
(c) if he engages during his term of office in any paid
employment outside the duties of his office; or
(d) if he is (in the opinion of the Governor) unfit to continue in
office due to infirmity of mind or body; or
(e) if he has acquired such financial or other interest as is
likely to affect prejudicially his official functions.
In addition to these, the Governor can also remove the State Chief
Information Commissioner or any State Information Commissioner
on the ground of proved misbehaviour or incapacity.
- However, in these cases, the Governor has to refer the
matter to the Supreme Court for an enquiry. If the Supreme
Court, after the enquiry, upholds the cause of removal and advises
so, then the Governor can remove him.
Salaries and allowances:
- The salary, allowances and other service conditions of the
State Chief Information Commissioner and a State Information
Commissioner shall be such as prescribed by the Central
Government. But they cannot be varied to his disadvantage
during service.
Functions:
- It is the duty of the Commission to receive and inquire into a
complaint from any person:
(a)who has not been able to submit an information
request because of non-appointment of a Public Information
Officer.
(b)who has been refused information that was requested;
(c)who has not received response to his information request
within the specified time limits;
(d)who thinks the fees charged are unreasonable;
(e)who thinks information given is incomplete, misleading or
false; and
(f)any other matter relating to obtaining information.
2. The Commission can order inquiry into any matter if there are
reasonable grounds (suo-moto power).
3. While inquiring, the Commission has the powers of a civil court.
The Commission submits an annual report to the State
Government on the implementation of the provisions of this Act.
The State Government places this report before the State
Legislature.
NITI Aayog: National Institution for Transforming India:
- It was formed by an executive resolution after scrapping
planning commission on January 1, 2015.
- It is considered to be neither constitutional nor statutory,
formed by means of cabinet resolution.
Rational Behind its formation:
- After the emergence of Post Liberalisation period, the
concept of planning itself has undergone change, where it argued
for shift from Centralized into Multi level planning.
- In order to ensure Bottom-Up approach to achieve the vision
of Minimum Government and Maximum governance and
enhancing the spirit of Cooperative federalism, it is essential to
restructure planning commission.
- Its basic role is to be a think tank by adopting intellectual
from different domain for bringing inclusive growth.
Composition:
Chairperson: The Prime Minister of India
Governing Council:
- It comprises the Chief Ministers of all the States,
- Chief Ministers of Union Territories with Legislatures
(i.e., Delhi, Puducherry and Jammu and Kashmir) and
- Lt. Governors of other Union Territories.
Regional Councils:
- These are formed to address specific issues and
contingencies impacting more than one state or a region.
- These are formed for a specified tenure.
- These are convened by the Prime Minister and comprises of
the Chief Ministers of States and Lt. Governors of Union Territories
in the region.
- The council are chaired by the Chairperson of the NITI
Aayog or his nominee.
Special Invitees:
- Experts, specialists and practitioners with relevant domain
knowledge as special invitees nominated by the Prime Minister.
Full-time Organisational Framework:
- In addition to the Prime Minister as the Chairperson, it
comprises of Vice-Chairperson:
- He is appointed by the Prime Minister, and he enjoys the
rank of a Cabinet Minister.
Members: Full-time:
- They enjoy the rank of a Minister of State.
Ex-Officio Members: Maximum of 4 members of the Union
Council of Ministers to be nominated by the Prime Minister.
Part-time Members:
Maximum of 2, from leading universities, research
organisations and other relevant institutions in an ex-officio
capacity. Part-time members would be on a rotation.
Chief Executive Officer: He is appointed by the Prime Minister for
a fixed tenure, in the rank of Secretary to the Government of India.
Secretariat: As deemed necessary.
Role and Function:
- To prepare for 15 years vision, seven-year strategy and
three-year action agenda documents
- The cabinet resolution list 13 different tasks to NITI Aayog
which may be grouped in 4 major heads namely
i) Fostering Co- operative federalism.
ii) Formulation of strategic vision and long-term policies
and programme framework.
iii) Acting as a knowledge hub and innovation hub.
iv) providing a platform for interdepartmental co-
ordination.
Major initiatives:
1) Measuring performance and ranking states on
a) District Hospital Index
b) Healthy state, progressive index known as health
Index
c) The composite water management Index
d) School Education quality Index
e) Digital transformation Index
2) Sustainable Action for transforming Human capital:
Aimed at initiating transformation in two key sectors –
Education and Health.
3) Ek Bharat Shrestha Bharat:
- It was conceptualized to make our country united and promote
excellence in all the walk of life by means of long-term interstate
agreement through cultural exchange and education.
4) Launch of Poshan Abhiyan:
It aimed at improving nutrition outcome in India in India in the
next three years. The national council responsible for steering of the
program is anchored in NITI Aayog.
5) Atal innovation Mission:
- Set up under the aegis of NITI Aayog, to promote innovation and
entrepreneurship in the country.
- The Union Cabinet, approved the continuation of its flagship
initiative, the Atal Innovation Mission (AIM), under the aegis of NITI
Aayog.
- AIM 2.0 is a step towards Viksit Bharat that aims to expand,
strengthen, and deepen India’s already vibrant innovation and
entrepreneurship ecosystem.
Lokpal
- The institution of Ombudsman (an official appointed to
investigate individuals' complaints against a company or
organization, especially a public authority) was created in Sweden
in as early as 1809, for the redressal of citizens’ grievances,
followed by Finland, Denmark, Norway, New Zealand, England and
India.
- Ombudsman, a Swedish word, stands for an ‘officer who is
appointed by the legislature to deal with complaints against
administration and judicial actions’.
Recommendation to constitute Ombudsman:
- The Administrative Reforms Commission (ARC), first interim
report on the 'Problems of Redressal of Citizens Grievances'.
recommended the creation of Ombudsman-type institution namely
the Lokpal and Lokayukta.
- Based on the recommendations of ARC, many attempts were
made from 1968 onwards and introduced bills for this purpose in
the Parliament in1968,77,85,90,98,2001till 2011, and it was
passed in the Rajya Sabha on 17 December 2013 after making
certain amendments to the earlier Bill and in the Lok Sabha the
18 December 2013.
Objective: Is to provide speedy, cheaper form of justice to people
- An Act to provide for the establishment of a body of
- Lokpal for the Union and
- Lokayukta for States
to inquire into allegations of corruption against
certain public functionaries and for matters connected with it.
Jurisdiction:
- It extends to the whole of India, and it shall apply to public
servants in and outside India.
Composition:
- The Lokpal to consist of a Chairperson with a maximum of
8 members of which 50% shall be judicial members.
- 50% of the members of the Lokpal shall come from amongst
the SCs, the STs, the OBCs, minorities and women.
- (a) a Chairperson- who is or has been a Chief Justice of
India or is or has been a Judge of the Supreme Court or an
eminent person who fulfils the eligibility.
- As a member other than a Judicial Member, if he is a
person of impeccable integrity and outstanding ability having
special knowledge and expertise of not less than twenty-five years
in the matters relating to anti-corruption policy, public
administration, vigilance, finance including insurance and
banking, law and management
Appointment:
The Chairperson and Members shall be appointed by the
President after obtaining the recommendations of a Selection
Committee consisting
Selection committee:
The selection of the Chairperson and the members of Lokpal
shall be through a Selection Committee consisting of
- the Prime Minister,
- the Speaker of the Lok Sabha,
- the Leader of the Opposition in the Lok Sabha,
- the Chief Justice of India or a sitting Supreme Court
Judge nominated by the Chief Justice of India and
- an eminent jurist to be nominated by the President
of India on the basis of recommendations of the first four members
of the selection committee.
The Chairperson or a Member shall not be—
(i) a member of Parliament or a member of the Legislature of
any State or Union territory;
(ii) a person convicted of any offence involving moral
turptitude;
(iii) a person of less than forty-five years of age, on the date
of assuming office as the Chairperson or Member, as the case may
be;
(iv) a member of any Panchayat or Municipality;
(v) a person who has been removed or dismissed from the
service of the Union or a State,
Tenure:
- Five years from the date on which he enters upon his office
or until he attains the age of seventy years, whichever is earlier.
Salaries and allowances:
- The salary, allowances and other conditions of services of
the Members are the same as that of a Judge of the Supreme
Court of India.
Jurisdiction:
- The Lokpal has jurisdiction to inquire into allegations of
corruption against anyone who is or has been Prime Minister, or
a Minister in the Union government, or a Member of
Parliament, as well as officials of the Union Government under
Groups A, B, C and D.
- Also covered are chair persons, members, officers and
directors of any board, corporation, society, trust or autonomous
body either established by an Act of Parliament or wholly or partly
funded by the Union or State government.
- It also covers any society or trust or body that receives
foreign contribution above ₹10 lakh (approx. US$ 14,300/- as of
2019).
- There is no restriction on who can make such a complaint.
- When a complaint is received, the Lokpal may order a
preliminary inquiry by its Inquiry Wing or any other agency, or
refer it for investigation by any agency, including the CBI.
The Lokpal, with respect to Central government servants,
shall refer the complaints to the Central Vigilance Commission
(CVC). The CVC will send a report to the Lokpal regarding officials
falling under Groups A and B; and proceed as per the CVC Act
against those in Groups C and D.
Lokayukta
- The Lokayukta is created as a statutory authority with a
fixed tenure to enable it to discharge its functions independently
and impartially as per the recommendations of the ARC.
- The person appointed is usually a former High Court Chief
Justice or former Supreme Court Judge.
- The state of Maharashtra created the institution of
lokayukta in1972, followed by Rajasthan (1973), Uttar Pradesh
(1975), Madhya Pradesh etc.
- The structure of Lokayukta does not follow a uniform
pattern in all the states. Some states such as Rajasthan,
Karnataka, Andhra Pradesh and Maharashtra have created the
Lokayukta as well as Up-Lokayukta, while some others like Uttar
Pradesh and Himachal Pradesh have created only the Lokayukta.
