Constitutional Institutions

Constitutional institutions are special because they are set-up and given functions and powers by the Constitution itself. These institutions can only be abolished or have any of its powers taken away or increased could be done by the constitutional amendment

Comptroller and Auditor General (CAG)

▸ The Comptroller and Auditor General is an important official of the Union Government, his office has been created by the Constitution. He is appointed by the President.
▸ He 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.
▸ CAG is concerned only at the stage of audit after the expenditure has already taken place. He is called as the Eyes and Ears of the Public Accounts Committee. He is the head of the Indian Audit and Accounts Department.
▸ Articles 148 to 151 of the Constitution of India deals with the office of the CAG. He holds office for a term of 6 years or till he attains the age of 65 years, whichever is earlier.
Independence of CAG (Article 148)
Following points shows that the Constitution ensures the independence of the CAG
▸ He is provided with the security of tenure. He can be removed by the President only in accordance with the procedure mentioned in the Constitution. Thus, he does not hold his office till the pleasure of the President, though he is appointed by him. He is not eligible for further office, after he ceases to hold his office.
▸ By charging his salary and other expenses for the maintenance of his office upon the Consolidated Fund of India.
▸ By providing that, the salary and other service conditions of the CAG shall not be changed to his disadvantage during his tenures.
▸ By giving him complete control over administrative staff.
Articles Related To CAG
Article 148 ▸ Comptroller and Auditor General of India.
Article 149 ▸ Duties and Powers of the Comptroller and Auditor General.
Article 150 ▸ From of accounts of the Union and of the States.
Article 151 ▸ Audit Reports.
Duties and Responsibilities (Article 149)
▸ Audit of receipts and expenditure of Consolidated Funds of the union and the states and UTs having a Legislative Assembly.
▸ Audit of the Contingency Fund of India and the public accounts.
▸ Audit of the transactions related to authorities, developmental bodies, welfare boards etc substantially funded by the government.
▸ Accounts of bodies receiving loans and grants from the government. Audit of stocks, shares of government organisations and corporations as enacted in the statues constituting them.
▸ Submits his audit reports relating to the accounts of the centre and of a state to the President and Governor respectively.
▸ Ascertions and certifies the net proceeds of any tax or duty. His certificate is final.
▸ Acts as a guide, friend and philosopher of the Public Accounts Committee of Parliament.
▸ Regulatory agencies like Telecom Regulatory Authority of India (TRAI), Public-Private Partnerships (PPP). Panchayats and Municipalities should be audited by the Comptroller and Auditor General (CAG) of India.
— Reports of CAG to be tabled in the Parliament timely.
— Enabled to perform concurrent audit instead of post-merterm audit.
Removal
▸ The procedure of removing the CAG is similar to that of a Judge of the Supreme Court.
▸ The CAG can be removed by the President after an address by each of the House of the Parliament supported by a majority of the total membership of that House and by majority of not less than two-third of the members of that House present and voting, on the ground of proved misbehaviour or incapacity.
Nature of Audit
▸ The audit can be one by CAG, is classified into following categories:
Regulatory Audit
▸ This type of audit is done to see that the expenditure incurred was in conformity with the laws, rules and regulations framed to regulate the procedure for expending public money.
Propriety Audit
▸ While conducting the audit, the CAG satisfies himself that the rules and procedure ensure that assessment, collection and allocation of revenue are done in accordance with the law and there is no leakage of revenue which legally should come to government.
Performance Audit
▸ This type of audit sees that Government Programmes have achieved that desired objectives at lowest cost and given the intended benefits.
Local Bodies Audit
▸ With the introduction of the third-tier of Government in 1992, CAG has been given the responsibility to conduct the audit of local bodies.
Reforms
▸ In the last 68 years, since independence, the CAG has lived upto the expectations of the makers of the Constitution of India. But as time changes, so must reforms also be injected so that an institution becomes much more effective.
▸ The proposed reforms are as follows :
— CAG should be made a multi-member commission as it is in Japan, Sweden and some other countries.
— Qualifications should be prescribed for the post of CAG. Since 1978, IAS officers have been appointed as CAG. An expert in finance, accounts and audit should be appointed as CAG.
— The CAG must be given the power to recover the loss of government money by the civil servants. In France, the Court of Accounts recovers loss of government money or financial frauds, by those civil servants who are proved guilty.
— In India, the CAG is neither a part of the executive nor the legislature. As prevalent in United Kingdom, the CAG must be made an integral part of the Parliament. Since, the executive is responsible to the legislature, on that basis, CAG must be part of the Parliament in India.

National Commission for Scheduled Castes

▸ The Constitution of India has provided for appointment of a Special Officer under Article 338 for investigation of all matters relating to the safeguards provided for the scheduled castes and scheduled tribes and to submit reports to the President, annually and at such other times, as the Commission may deem fit, about working of these safeguards. In order to oversee the implementation of various safeguards provided for SCs and STs, a multi-member Commission, known as the Commission for SCs and STs, came into being in August, 1978 with Shri Bhola Paswan Shastri as Chairman. This Commission was renamed as the National Commission for SCs and STs in 1987 to act as a National level advisory body for SC and ST matters.
▸ In 1990, the provisions of Article 338 were amended, by the 65th Constitutional Amendment Act, 1990 and the office of the Commissioner for SCs and STs was replaced by the National Commission for SCs and STs in 1992 with its headquarters at New Delhi. It is headed by a Chairman who is aided by a Vice-Chairman and 5 other members. In 2003, the Commission was bifurcated into separate SC and ST Commissions by 89th Constitutional Amendment Act. The term of all the members of the Commission is 3 years from the date of assumption of charge.
Functions and Duties
▸ Constitution of India under Article 338 has assigned the following duties and functions of the commission
— to investigate and monitor all matters relating to the safeguards provided for the SCs under the Constitution of India or under any other land and to evaluate the working of such safeguards.
— to enquire into specific complaints with respect to the deprivation of rights and safeguards of the SCs.
— to participate and advise on the planning process of socio-economic development of the Scheduled Caste 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 Schedule Castes as the President may by rule specify.

National Commission for Scheduled Tribes

▸ By the 89th Amendment of the Constitution on 19th February, 2004, the National Commission for Scheduled Tribes has been setup under Article 338A on the bifurcation of the erstwhile National Commission for Scheduled Castes and Scheduled Tribes to oversee the implementation of various safeguards provided to Scheduled Tribes under the Constitution.
▸ The Commission comprises a chairperson, a vice-chairperson and three full time Members (including one woman member).
▸ The term of all the Members of the Commission is 3 years from the date of assumption of charge.
Functions and Duties
▸ The Commission have all the powers of a civil court trying a suit. In accordance with clause 9 of Article 338A of the Constitution, Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.
▸ The Commission while investigating matters relating to the safeguards provided under the Constitution monitors the implementation and working of safeguards which include.
▸ Acting upon Article 23 of the Constitution which prohibits traffic in human beings and forced labour etc., in respect of STs prohibition of child labour under Article 24 in respect of STs. Educational safeguards under Article 15 (4) for reservation of seats in educational institutions.
▸ Economic safeguards under Article 244 and working of Fifth and Sixth Schedules and release of grants for raising the level of administration in tribal areas to safeguard the distinct language, script or culture under Article 29 (1).
▸ Working of service safeguards provided under Articles 16 (4), 16 (4A), 16 (4B) and 335 providing for adequate representation of Scheduled Tribes in appointments or posts.
Enforcement of various laws such as :
— The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
— Bonded Labour System (Abolition) Act, 1976 (respect of Scheduled Tribes).
— The Child Labour (Prohibition and Regulation) Act, 1986 (in respect of Scheduled Tribes).
— State acts and regulations concerning alienation and restoration of land belonging to Scheduled Tribes.
— Forest Conservation Act, 1980 (in respect of Scheduled Tribes).
— The Panchayat (extension to the scheduled areas) Act, 1996.
— Minimum Wages Act, 1948 (in respect of Scheduled Tribes).

National Commission for Backward Classes (NCBC)

▸ 102nd Constitutional Amendment Act, 2018 provides Constitutional status to the National Commission for Backward Classes (NCBC). 102nd Constitutional Amendment Act inserted two new articles in the Constitution of India : Article 338B and 342A. The Amendment also brings about the changes in Article 366.
▸ Article 338B provides authority to NCBC to examine complaints and welfare measures regarding socially and educationally backward classes.
▸ Articel 342A empowers president to specify socially and educationally backward classes in various States and Union Territories.
Functions and Duties
▸ The Commission shall examine requests for inclusion of any class of citizens as a backward class in the Central List of backward classes and hear complaints of over-inclusion or under-inclusion of any backward class in the lists and tender such advice to the Central Government as it deems appropriate. The advice of the Commission shall ordinarily be binding upon the Central Government.
▸ Under the Act, the Central Government may at any time and shall, at the expiration of 10 years from the coming into force of this act and every succeeding period of 10 years thereafter, undertake revision of the lists with a view to excluding from such lists those classes who have ceased to be backward classes or for including in such lists new backward classes.

Statutory Institutions

National Commission for Minorities (NCM)

▸ With the enactment of the National Commission for Minorities Act, 1992, a statutory body as National Commission for minorities was established.
▸ The National Commission was setup on 17th May, 1993. The Government of India notified five religious communities viz. the Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis) and Jains as minority communities.
Functions
▸ Evaluation of the progress of the development of minorities under the Union and States.
▸ Monitoring of the working of the safeguards for minorities provided in the Constitution and in laws enacted by Parliament and the State Legislatures.
▸ Making recommendations for the effective implementation of safeguards for the protection of the interests of minorities by the Central Government or the State Governments.
▸ Looking into specific complaints regarding deprivation of rights and safeguards of minorities and taking up such matters with the appropriate authorities.
▸ Getting studies to be undertaken into the problems arising out of any discrimination against minorities and recommending measures for their removal.
▸ Conducting studies, research and analysis on the issues relating to socio-economic and educational development of minorities. Suggesting appropriate measures in respect of any minority to be undertaken by the Central Government or the State Governments.
▸ Making periodical or special reports to the Central Government or any matter pertaining to minorities.

National Commission for Women (NCW)

▸ The National Commission for Women was setup as a statutory body in January 1992 under the National Commission for Women Act, 1990 with the following terms of references
— Review the Constitutional and Legal safeguards for women.
— Recommend remedial legislative measures.
— Facilitate redressal of grievances.
— Advise the Government on all policy matters affecting women.
— The Ministry of Women and Child Development of Government of India is the nodal ministry for the Commission. The first Commission was constituted on 31st January, 1992 with Mrs Jayanti Patnaik as the chairperson of the Commission.
Composition
▸ A chairperson, committed to the cause of women, to be nominated by the Central Government.
▸ 5 Members to be nominated by the Central Government from amongst persons of ability, integrity and standing who have had experience in law or legislation, trade unionism, health, education or social welfare, provided that at least 1 member each shall be from amongst persons belonging to the Scheduled Castes and Scheduled Tribes respectively and a member secretary.
▸ The chairperson and members shall hold office for a period of 3 years. However, they can relinguish their office at any time by addressing to the Central Government.
Functions
▸ Investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws.
▸ Recommendations for the effective implementation of those safeguards for the improving the conditions of women.
▸ Review, from time-to-time, the exiting provisions of the Constitution and other laws affecting women and recommend amendments thereof, so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislations.
▸ Take up cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authorities.
▸ Look into complaints and take suo moto notice of matters relating to deprivation of women's rights. Non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development.
▸ In keeping with its mandate, the Commission has initiated various steps to improve the status of women and worked for their economic empowerment. The Commission has undertaken a survey to project the gender profile in all States and UTs to assess the status of women and their empowerment.
▸ It took up the issue of child marriage, sponsored legal awareness programmes, Parivarik Mahila Lok Adalats and reviewed laws such as Dowry Prohibition Act, 1961, to make them more stringent and effective.
▸ It organises 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., in order to generate awareness in the society against these social evils.

National Human Rights Commission (NHRC)

▸ The Parliament enacted the Protection of Human Rights Act in 1993 resulting in the establishment of the National Human Rights Commission (NHRC). The Commission is an autonomous statutory institution and the watching of the human rights in the country..
Appointment
▸ The chairperson and members of the Commission are appointed by the President on the basis of recommendations of the Committee comprising the Prime Minister, the Speaker of the Lok Sabha, the Home Minister, the leaders of the opposition in the Lok Sabha and the Rajya Sabha and the Deputy Chairman of the Rajya Sabha.
▸ The chairperson and members shall hold office for a term of 5 years or till they attain the age of 70 years whichever is earlier.
Functions
▸ Inquire, on its own initiative or on a petition presented to it by a victim or any person on his behalf, into complaint of violation of human rights or abetment or negligence in the prevention of such violation, by a public servant.
▸ Intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court.
▸ Visit, under intimation to the State Government, any jail or any other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection to study the living condition of the inmates and make recommendations thereon.
▸ Review the safeguards by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation.
▸ Spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars.
Focus of NHRC
▸ Areas facing terrorism and insurgency, custodial death, rape and torture, reform of the police, prisons and other institutions such as juvenile homes, mental hospitals and shelters for women have been given special attention.
▸ The Commission has urged the provision of primary health facilities to ensure maternal and child welfare essential to a life with dignity, basic needs such as potable drinking water, food and nutrition and highlighted fundamental questions of equity and justice to the less privileged, namely the scheduled castes and scheduled tribes and the prevention of atrocities perpetrated against them.
▸ Rights of the disabled, access to public services, displacement of populations and especially of tribals by mega projects, food scarcity and allegation of death by starvation, rights of the child, rights of women subjected to violence, sexual harassment and discrimination and rights of minorities, have been the focus of the Commission's action on numerous occasions.
▸ The Commission has its own investigating staff headed by a Director General of Police for investigation into complaints of human rights violations.

Central Vigilance Commission (CVC)

▸ The Central Vigilance Commission was set-up by the Government in February, 1964 on the recommendations of the Committee on Prevention of Corruption, headed by Shri K Santhanam, to advise and guide Central Government agencies in the field of vigilance.
▸ Arising out of the case of Vineet Narain vs Union of India, the Supreme Court had directed the Central Government to confer statutory status to Central Vigilance Commission, which was hitherto an advisory body and also made it responsible for effective supervision of the functioning of Central Bureau of Investigation (CBI). The CVC is not controlled by any Ministry or Department. It is an independent body, which is only responsible for the Parliament.
Powers and Functions
▸ The Central Vigilance Commission shall have the following functions and powers, namely
— to inquire or cause an inquiry or investigation to be made on a reference made by the central government wherein it is alleged that a public servant being an employee of the central government or a corporation has committed an offence under the Prevention of Corruption Act, 1988.
— to cause an inquiry or investigation to be made into any complaint against any official belonging to Group 'A' and Group 'B' Officers of the central government.
— Review the progress of applications pending with the competent authorities for sanction of prosecution under the Prevention of Corruption Act, 1988.
— exercise superintendence over the vigilance administration of the various Ministries of the Central Government or corporations established by or under any central Act, government companies, societies and local authorities owned or controlled by that government.
▸ The CVC is not an investigating agency. The CVC either get the investigation done through the CBI or through the Departmental Chief Vigilance Officers. The CVC orders investigation in to cases of officials of central government Departments/Companies/Organisations only.
▸ The Commission is empowered to enquire or cause inquiries to be conducted in to offences alleged to have been committed under the Prevention of Corruption Act, 1988 by certain categories of public servants.
▸ The following categories of public servants are within the advisory jurisdiction of the commission
— Group 'A' officers of the Central Government.
— Such level of officers of the corporations established by or under any Central Act, Government companies, societies and other local authorities, owned or controlled by the Central Government, as that Government may, by notification in the Official Gazette, specify in this behalf.
▸ The Supreme Court on 6th May, 2014 held as invalid of Delhi Special Police Establishment Act (Section 6A) 1946 that makes prior sanction mandatory for the CBI to conduct a probe against senior bureaucrates under the Prevention of Corruption Act.
▸ According to constitutional bench, corruption is social evil and it should be tracks down. The status and position on the decision making power will not exempt them from passing through normal inquiry and investigation. So, no special preference should be given to the bureaucrates. If it is given will violate Article14.

Non-Statutory Institutions

▸ Institutions which are not established by any law passed by any competent legislature, are called Non-Statutory Institutions.

Planning Commission

▸ It was set-up by a Resolution of the Government of India in March 1950 in pursuance of declared objectives of the government to promote a rapid rise in the standard of living of the people by efficient exploitation of the resources of the country, increasing production and offering opportunities to all for employment in the service of the community. The Planning Commission is neither a constitutional nor a Statutory Commission.
▸ It was charged with the responsibility of making assessment of all resources of the country, augmenting deficient resources, formulating plans for the most effective and balanced utilisation of resources and determining priorities. Jawaharlal Nehru was the first Chairman of the Planning Commission.
▸ It is noted here that, Planning Commission has been replaced by a new institution named NITI Aayog.

NITI Aayog

▸ National Institution for Transforming India (NITI) Aayog has replaced Planning Commission by Cabinet Resolution on 1st January, 2015.
▸ The NITI Aayog will seek to provide a critical directional and strategic input into the development process. NITI Aayog will also emerge as a 'think-tank' that will provide governments at the central and state levels with relevant strategic and technical advice across the spectrum of key elements of policy.
▸ The NITI Aayog seeks to put on end to slow and tardy implementation of policy, by fostering better inter-ministry coordination and better centre- state coordination.
▸ It aims to evolve a shared vision of national development priorities and foster cooperative federalism, recognising that strong states make a strong nation.
▸ the core mission of Aayog is to make models of development which is all round, all pervasive, all inclusive and holistic.
▸ The Prime Minister is the Chariman of NITI Aayog. The body will have a Vice-Chairman and a CEO in addition to five-full time members and two part-time members, while for Union Ministers would serve ex-officio members, who will be nominated by Prime Minister.
▸ The CEO will be appointed by Prime Minister for a fixed tenure, in the rank of secretary to the GOI. The Governing Council of NITI Aayog will consists of Chief Ministers of all states and Lieutenant-Governors of UTs.
▸ Unlike Planning Commission, NITI Aayog is only an advisory body and will not enjoy any financial powers. Powers to allocate funds might be vested in the finance ministry. Also state governments are expected to play a more significant role, than they did in the Planning Commission. States will be consulted, while making policy and deciding on funds allocation.
National Development Council (NDC)
▸ The National Development Council was established in August 1952 by a Resolution of the Cabinet. It is the body which has the authority to approve the Five Year Plans for the country.
▸ The Council comprises of the Prime Minister the Union Cabinet Ministers and Chief Ministers of all states or their substitutes, representatives of the Union Territories and the members of the NITI Aayog. The secretary of the NITI Aayog acts as the secretary of the NDC.
The Functions
▸ To prescribe the guidelines for the formulation of the national plan, including the assessment of resources for the plan.
▸ To consider the national plan as formulated by the Planning Commission.
▸ To consider important questions of social and economic policy affecting national development.
▸ To review the working of the plan from time-to-time and to recommend such measures as are necessary for achieving the aims and targets set out in the national plan.