- Constitutional Bodies in India
Finance Commission of India
National Commission for Scheduled Castes
Scheduled Castes and Scheduled Tribes
Election Commission of India
Union Public Service Commission
State Services Commission
Comptroller and Auditor General of India
CAT Central Administrative Tribunal
- Statutory Bodies
Reserve Bank of India
National Bank for Agriculture and Rural Development
Central Information Commission
Central Vigilance Commission
National Human Rights Commission of India
National Commission for Women
Securities and Exchange Board of
Forward Markets Commission (India)
Telecom Regulatory Authority of India
Insurance Regulatory and Development Authority
National Commission for Backward Classes
Other Backward Class
National Commission for Minorities
- EXECUTIVE BODY
National Development Council (India)
National Integration Council
Central Bureau of Investigation
Staff Selection Commission
- Constitutional Bodies in India
The Constitutional bodies are mostly executive in nature, with the power of advising the government vested in them. Ensuring effective functioning of the government is the main objective behind the establishment of these bodies. While some are permanent agencies, there are a few ad hoc bodies as well, which are established for a fixed term. The constitutional bodies not only uphold the principles of the Constitution but also help government machinery to run smoothly.
Finance Commission of India
|Formed||22 November 1951|
|Jurisdiction||Government of India|
The Finance Commission of India came into existence in 1951. It was established under Article 280 of the Indian Constitution by the President of India. It was formed to define the financial relations between the centre and the state. The Finance Commission Act of 1951 states the terms of qualification, appointment and disqualification, the term, eligibility and powers of the Finance Commission. As per the Constitution, the commission is appointed every five years and consists of a chairman and four other members. Since the institution of the first finance commission, stark changes have occurred in the Indian economy causing changes in the macroeconomic scenario. This has led to major changes in the Finance Commission’s recommendations over the years. Till date, Fourteen Finance Commissions have submitted their reports.
- 1 History: Genesis of the Finance Commission
- 2 Functions
- 3 The Finance Commission (Miscellaneous Provisions) Act, 1951
- 4 Finance Commissions appointed so far
- 5 Proposals to 14th finance commission
- 6 Finance Commissions, their Terms of Reference and Recommendations
- 7 Finance commission Versus planning commission
History: Genesis of the Finance Commission
The Indian State, like all other federations, is also ridden by the problems of Vertical and Horizontal Imbalances. Explaining vertical Imbalances result because states are assigned responsibilities and in the process of fulfilling those that they incur expenditures disproportionate to their sources of revenue, Dr. B.R. Ambedkar,the then incumbent Law minister, established the Finance Commission of India. This is because the states are able to gauge the needs and concerns of their people more effectively, and hence, are more efficient in addressing them. Factors like historical backgrounds, differences in resource endowments etc. lead to widening Horizontal Imbalances. Thus, as he has enshrined in the Constitution of India, in recognition of these two problems, Dr. Ambedkar has made several provisions to bridge the gap of finances between the Centre and the States. These include various articles in the constitution like Article 268, which facilitates levy of duties by the Centre but equips the states to collect and retain the same. Similarly, there are Articles 269, 270, 275, 282 and 293 all of which specify ways and means of sharing resources between Union and States. Apart from the above- mentioned provisions, The Indian Constitution provides an institutional framework to facilitate Centre- State Transfers. This body is the Finance Commission, which came into existence in 1951, under Article 280 of the Indian Constitution, which states:
- The President will constitute a Finance Commission within two years from the commencement of the Constitution and thereafter at the end of every fifth year or earlier, as the deemed necessary by him/her, which shall include a chairman and four other members.
- Parliament may by law determine the requisite qualifications for appointment as members of the Commission and the procedure of selection.
- The Commission is constituted to make recommendations to the president about the distribution of the net proceeds of taxes between the Union and States and also the allocation of the same amongst the States themselves. It is also under the ambit of the Finance Commission to define the financial relations between the Union and the States. They also deal with devolution of non-plan revenue resources.
Recently fourteenth finance commission is constituted under the chairmanship of Y.V. Reddy,former RBI Governor.
- Distribution of net proceeds of taxes between Center and the States, to be divided as per their respective contributions to the taxes.
- Determine factors governing Grants-in Aid to the states and the magnitude of the same.
- To make recommendations to president as to the measures needed to augment the Consolidated Fund of a State to supplement the resources of the panchayats and municipalities in the state on the basis of the recommendations made by the Finance Commission of the state.
- any other matter related to it by the president in the interest of sound finance
The Finance Commission (Miscellaneous Provisions) Act, 1951
With the objective of giving a structured format to the Finance Commission of India and to bring it at par with world standards, The Finance Commission (Miscellaneous Provisions) Act, 1951 was passed. It lays down rules regarding qualification and disqualification of members of the Commission, their appointment, term, eligibility and powers.
- Qualifications of the members
The Chairman of the Finance Commission is selected among people who have had the experience of public affairs. The other four other members are selected from people who:
- Are, or have been, or are qualified, as judges of High Court, or
- Have knowledge of Government finances or accounts, or
- Have had experience in administration and financial expertise; or
- Have special knowledge of economics
- Procedure and Powers of the Commission
The Commission has the power determine their own procedure and:
- Has all powers of the civil court as per the Court of Civil Procedure, 1908.
- Can summon and enforce the attendance of any witness or ask any person to deliver information or produce a document, which it deems relevant.
- Can ask for the production of any public record or document from any court or office.
- Shall be deemed to be a civil court for purposes of Sections 480 and 482 of the Code of Criminal Procedure, 1898
- Disqualification from being a member of the Commission
A member may be disqualified if:
- He is mentally unsound;
- He is an undischarged insolvent;
- He has been convicted of an immoral offence;
- His financial and other interests are such that it hinders smooth functioning of the Commission.
- Terms of Office of Members and eligibility for Reappointment
Every member will be in office for the time period as specified in the order of the president, but is eligible for reappointment provided he has, by means of a letter addressed to the president, resigned his office.
- Salaries and Allowances of the members
The members of the Commission shall provide full- time or part- time service to the Commission, as the president specifies in his order. The members shall be paid Salaries and Allowances as per the provisions made by the Central Government. So far, 13 Finance commissions(v. kelkar) have submitted their recommendations. More or less, all of them have been accepted by the Union Government.
Finance Commissions appointed so far
So far 14 Finance Commissions have been appointed which are as follows:
|Finance Commission||Year of Establishment||Chairman||Operational Duration|
|First||1951||K. C. Neogy||1952–57|
|Third||1960||A. K. Chanda||1962–66|
|Fourth||1964||P. V. Rajamannar||1966–69|
|Sixth||1972||K. Brahmananda Reddy||1974–79|
|Seventh||1977||J. M. Shelat||1979–84|
|Eighth||1983||Y. B. Chavan||1984–89|
|Ninth||1987||N. K. P. Salve||1989–95|
|Tenth||1992||K. C. Pant||1995–2000|
|Eleventh||1998||A. M. Khusro||2000–2005|
|Thirteenth||2007||Dr. Vijay L. Kelkar||2010–2015|
|Fourteenth||2013||Dr. Y. V Reddy||2015–2020|
Proposals to 14th finance commission
- As the states are subjected to more and more interstate migrant workers and illegal migrants from the neighbouring countries, the finance commission shall give appropriate weight-age in distribution of the total taxes to the states based on these criteria. The states which are giving more employment to interstate workers are ahead in demographic transition. Demographic transition of a state is a real index & status of all round human and economical development.
- The states with coast line shall be given appropriate share from the royalty / taxes collected by the central government from the minerals produced (including oil & natural gas) from the area of territorial waters and exclusive economic zone similar to land based minerals production. Articles 1 & 3 of the constitution define India as union of two entities only which are either states or union territories. There is no third entity such as territorial waters or exclusive economic zone. These are parts of states / union territories under Indian union.
- Article 282 accords financial autonomy in spending the resources available with the states for public purpose. Finance commission should desist from specific expenditure related grant in aids to the states out of the Consolidated Fund of India.
- Under article 360 of the constitution, President can proclaim financial emergency when the financial stability or credit of the nation or of any part of its territory is threatened. Finance commission should bring out the guidelines which may warrant the imposition of financial emergency in the entire country or a state or a union territory or a panchayat or a municipality or a corporation to take up precautions for improving their financial soundness.
- Finance commission should deliberate and recommend whether government advertisements other than educational advertisements are serving public purpose for deserving government expenditure under article 282 of the constitution. The finance commissions shall deliberate and recommend on all issues related to government spendings which are taken up by various law commissions earlier and of public topics with wide public attention
Finance Commissions, their Terms of Reference and Recommendations
- Major Recommendations of 14th Finance Commission headed by Prof. Y V Reddy
1.The share of states in the net proceeds of the shareable Central taxes should be 42%.This is 10%points higher than the recommendation of 13th Finance Commission.
2.Revenue deficit to be progressively reduced and eliminated.
3.Fiscal deficit to be reduced to 3% of the GDP by 2017–18.
4.A target of 62% of GDP for the combined debt of centre and states.
5.The Medium Term Fiscal Plan(MTFP)should be reformed and made the statement of commitment rather than a statement of intent.
6.FRBM Act need to be amended to mention the nature of shocks which shall require targets relaxation.
7.Both centre and states should conclude ‘Grand Bargain’ to implement the model Goods and Services Act(GST).
8.Initiatives to reduce the number of Central Sponsored Schemes(CSS)and to restore the predominance of formula based plan grants.
9.States need to address the problem of losses in the power sector in time bound manner.
- Major Recommendations of 13th Finance Commission headed by shri Vijay Kelkar.
- The share of states in the net proceeds of the shareable Central taxes should be 32%.This is 1.5%points higher than the recommendation of 12th Finance Commission.
- Revenue deficit to be progressively reduced and eliminated, followed by revenue surplus by 2013–14.
- Fiscal deficit to be reduced to 3% of the GDP by 2014–15.
- A target of 68% of GDP for the combined debt of centre and states.
- The Medium Term Fiscal Plan(MTFP)should be reformed and made the statement of commitment rather than a statement of intent.
- FRBM Act need to be amended to mention the nature of shocks which shall require targets relaxation.
- Both centre and states should conclude ‘Grand Bargain’ to implement the model Goods and Services Act(GST).To incentivise the states, the commission recommended a sanction of the grant of Rs500 billion.
- Initiatives to reduce the number of Central Sponsored Schemes(CSS)and to restore the predominance of formula based plan grants.
- States need to address the problem of losses in the power sector in time bound manner.
- The Twelfth Finance Commission of India
Introduction The Twelfth Finance Commission was appointed on 1 November 2002 to make recommendations on the distribution of net proceeds of shareable taxes between union and states. The commission was headed by veteran economist of India, C. Rangarajan. The commission submitted its report on 30 November 2004 and covered the period from 2005 to 2010.
Major Recommendations of 12th Finance Commission
(a) Macro-economic stability The total Fiscal Deficit for Centre & states to be reduced to 3% of GDP and The total tax-gdp ratio of both centre& states to be increased to 17.6% of gdp in 2009–10. The revenue deficit for the centre& states combined to be reduced to 0% by 2008.
(b) Distribution of Union Tax The total share of states in the total shareable central taxes to be fixed at 30.5% and the share of states will come down to 29.5% if the states levy sales tax on sugar, textiles & tobacco.
(c) Grants to local bodies The total grant that will have to given to the states for panchayati raj institutions and local urban bodies for the period of 2005–09 will be Rs 200 billion& Rs 50 billion respectively.
(d) Calamity Relief Fund The calamity relief fund scheme will continue as it was in the previous plans with central & states contributing in the ratio of 75: 25. The size of fund will be Rs 213.33 billion for the period of 2005–10.
(e) Grant in aids to the states For the period of 2005–10, the total non-plan revenue deficit grant of Rs 568.56 billion is recommended to 15 states and the total grant of Rs 10172 is recommended for 8 educationally backward states.A grant of Rs 150 billion is recommended for building roads & bridges which is in addition to the normal expenditure of the states while the grants that is recommended to the states for maintenance of public buildings, forests, heritage conversation and specific needs of states is Rs 5 billion, Rs 1 billion, Rs 6.25 billion & Rs 71 billion.
- The Eleventh Finance Commission of India
The Eleventh Finance Commission was appointed by the president on 3 July 1998 for the period 2000–05.It was chaired by : Prof. A.M. Khusro and its members were Shri N.C Jain, Shri J.C Jetly, Dr. Amaresh Bagchi, Shri T.N. Srivastava The Commission was asked to make recommendations to the president with regard to the following:- (a) With regard to Chapter I of Part XII of the Constitution, the distribution between the Centre and the States of the net proceeds of taxes and the allocation between the States of the shares of these proceeds (b) The principles governing the grants-in-aid of the revenues of the States out of the Consolidated Fund of India and with regard to article 275- the sums to be paid to the States which are in need of assistance by way of grants-in-aid of their revenues for purposes other than those specified in the provisos to clause (1) of that article; (c) With regard to the recommendations made by the Finance Commission of the State;the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Panchayats and Municipalities in the State (d) Suggestions for a restructuring of the public finances so as to restore budgetary balance and maintain macro-economic stability. With regard to the TOR the following were the recommendations made by the FC:- a)the total share of the States in the net proceeds of central taxes and duties would be 29.5 mission cent for the next five years b)With regard to the revenue deficit grants to States, a lump-sum amount of Rs. 110 billion in the Central Budget 2000–01. c) Grants – For the five years commencing from 1 April 2000, Rs.49726.3 million be given forup gradation of standards of administration and specific grants to certain States for special problems. – For the five years commencing from 1 April 2000,Rs.100 billion for local bodies, to be directed for maintenance of civic services Rs.16 billion per annum is for rural local bodies and Rs.4 billion per annum is for urban local bodies. d)With reference to the Grants-in-Aid under Article 275 (1) of the Constitution, which amounts to a total of Rs.353.59 billion for the period 2000–2005 to be provided to such States (15 States) which will have deficit non-plan revenue account even after the devolution of central tax revenues, equal to the amount of deficits assessed during the period 2000–2005. e) With regard to the Calamity Relief Funds in States with an aggregate size of Rs.110075.9 millionduring 2000–05. – The tax devolution from the Centre to the State should not exceed 37.5 per cent of total Centre’s revenues this should be inclusive of the Central taxes/duties to States and grants-in-aid to States. The FC recommended that each State be given a share as specified the net proceeds of all shareable union taxes and duties except the expenditure tax and service tax. Data for percentage share for certain states is Bihar-14.597, Maharashtra-4.632, Kerala-3.057, Uttar Pradesh-19.798, Punjab-1.147
Terms of Reference The commission shall make recommendations on the following matters:
(1) The distribution of net proceed of taxes between union and states which are to be divided under chapter 1 part 12 of the constitution.
(2) The policies required to increase the consolidated fund of states on the basis of recommendation made by the finance commission of states to supplement the resources of municipalities and panchayats in the state.
In making the recommendation, the commission shall have its regard, among other considerations to :
(1) The resources of the union government and state government for five years starting from 1 April 2005 on the basis of the total tax and non-tax that it will likely to receive by the end of 2003–04.
(2) The demand of the resources by the central government, in particular the need of expenditure on civil administration, internal security, defence, debt servicing and other committed expenditure and liabilities.
- The Tenth Finance Commission of India
The Tenth Finance Commission was incorporated in the year 1995 consisting of Shri Krishna Chandra Pant as the chairman and the following four other Members, namely
Debi Prosad Pal, Member of Parliament, Member Shri B.P.R. Vithal, Member C. Rangarajan, Member Shri M.C. Gupta, Member Secretary
Recommendations The share of the Union Territories would not be determined on the grounds used for state share but it would be decided on the basis of population solely. The percentage would be 0.927% for the years 1995–2000. The proceeds from the ‘penalties’ and ‘interest recovered’ under the miscellaneous receipts should be included in the divisible income tax pool as recommended by Ninth commission with effect from 1 April 1995. The share of the net proceeds would be 77.5% for five years. The commission dropped the collection factor as the criterion for distribution The distribution of the net proceeds among states would be as follows:-
- 20% on the basis of population of 1971
- 60% on basis of distance of per capita income
- 5% on basis of area adjusted
- 5% on basis of infrastructure index
- 10% on basis of tax effort
- The Ninth Finance Commission of India
The Ninth Finance Commission was set up in June 1987 under the chairmanship of Mr. N.K.P Salve along with the following members
Shri Justice Abdus Sattar Qureshi Dr. Raja J. Chelliah Shri Lal Thanhawla Shri Mahesh Prasad Shri S. Venkitaramanan Shri Venkitaramanan Shri R. Keishing Shri K.V.R. Nair
Terms of References The commission has been asked to adopt a normative approach in assessing the receipts and the expenditures on the revenue account not only of the states but also of the centre with due regard to the special problems of each state and the special requirement of the centre. Generating surpluses on revenue account of both the states and centre for capital investment should also be considered. Changes in the principles that govern the distribution between the union and the states and also the states inter se of the net proceeds of central taxes are to be made
The commission will also make recommendations regarding the principles which should govern the grants in aid of the revenue of the state out of the Consolidated Fund of India. It is to assess the debt position of the states as on 31 March 1989 and suggest corrective measures. In regard to the financing of the relief expenditure by the states affected by natural calamities the commission is to examine the feasibility of establishing a National Insurance Fund to which the state governments may contribute a percentage of their revenue receipts. The government’s decision to accept all the major recommendations of this commission which would bring substantial benefits to the state during the eighth five-year plan period (especially in relation to debt relief) shows the upper hand enjoyed by this body
Recommendations Income Tax – 85% of the divisible pool of the income tax to be assigned to the state and out of the net distributable proceeds a sum equal to 1.437% should be deemed to represent the proceeds attributable to the union territories. Relief Funds – The Existing arrangements to be replaced by a new order under which the states will have greater autonomy and accountability. A calamity relief fund to be constituted for each state to which contribution is to be made in the ratio 75:25 (centre: state) Debt Relief – The commission recommended that the RBI may work out a formula for amortization of the states’ market borrowings. From 1990 to 1991 the direct central loans for states’ plans should have a maturity period of 20 years with 50% of the loans enjoying a grace period of 5 years. The loans given to the federating states for drought relief during 1986–89 as outstanding on 31 March 1989 are to be waived. The state plan loans advance to the states during the 1984–89 period and outstanding on 31 March 1990 should be consolidated, rescheduled to 15 years in the case of all the states.
- The Eighth Finance Commission of India
The Eighth Finance Commission was constituted by the President of India, on 28 April 1984 under the chairmanship of Shri Y.B. Chavan. The commission also consisted of the following members
Shri Justice Sabya Sachi Mukherjee Dr. C.H. Hanumantha Rao Shri G.C. Baveja Shri A.R. Shirali Shri Justice T.P.S. Chawla Shri N.V. Krishnan, Secretary
It was asked to make recommendations on
The distribution of net proceeds of taxes between the union and the states which are to be or may be divided between them under chapter 1 of Part XII of the constitution and allocation between the states of the respective shares of the same The principles which govern the grants in aid of the revenues of the states out of the Consolidated Fund of India and the amount to be paid to the needy States which seeks assistance by way of grants in aid of their revenues under Article 275 of the constitution for purposes other than those specified in the provisions to clause (i) of that article
The commission is to examine the possibility for increasing revenue from the taxes and duties mentioned in article 269 of the constitution but which are not levied at present. It will probe into the scope for enhancing revenue from the duties mentioned in the article 268. Making an assessment of the non-plan capital gap of the states on a uniform and comparable basis for the 5 years ending with 1988–89 also comes under its agenda. It will review the policy and arrangement in regards to the financing of relief expenditure by the States affected by natural calamities and make appropriate suggestions. The commission shall make its report by 31 October 1986 on each of the matters aforesaid
The major objective of the Eighth Finance Commission was to reduce interstate disparities through their scheme of devolution
Recommendations Sharing of Income Tax – To retain the share of the States in the proceeds of the income tax at 85% level. Withdrawal of surcharge on income tax from the financial year 1985–86 is also recommended Union Excise Duties – Recommended its increase from 40% to 45%. It made a beginning by using one unified formula to distribute the net yield from Union Excise Duties and 90% share of the income tax Additional Excise Duties – The distribution from the net yield from additional duties of the excise was made 50% on the basis of the share of each state in the average state domestic products of all the states for the years from 1976–77 to 1978–79 and 50% on the basis of the population figures as given in 1971 census Grants in Lieu of tax on railway passenger fair – It has boldly defended the case of the state government in regard to their claim on the tax on railway fair. The compensatory grant which replaced the tax was increased to Rs.950 million Grants in Aid – They have been made more flexible. The commission has provided for an annual growth of 5% in respect of the amount of grants payable in nature of the forecast period commencing from 1984 to 1985. The recommendation to write off a substantial portion of loan amounting to Rs.22853.9 million is an appropriate step towards strengthening the state finances
- The Seventh Finance Commission of India
Introduction The Seventh Finance Commission was incorporated in the year 1978 consisting of Shri J.M. Shelat as the chairman and the following four other Members, namely:-
Dr. Raj Krishna Dr. C.H. Hanumantha Rao Shri H.N. Ray Shri V.B. Eswaran, Member Secretary
Recommendations The share of the states in the net proceeds should be raised to 85% excepting the share of the Union Territories which would be 2.19% of net proceeds
The inter se distribution between the states should include 10% contribution factor and rest 90% would be on basis of population. The 10% allotment would be based on the State-wise net assessments
- The Sixth Finance Commission of India
The Sixth Finance Commission was incorporated in the year 1973 consisting of Shri K. Brahmananda Reddi as the chairman and the following four other Members, namely:-
Shri Justice Syed Sadat Abal Masud Dr. B.S. Minhas Dr. I.S. Gulati Shri G. Ramachandran, Member Secretary
Recommendations The States demanded the inclusion of corporation tax into the divisible income tax and 1005 allocation of the net proceeds to them. The commission expressed that such inclusion was constitutionally forbidden but it can be reviewed by National Development Council
States share was increase from 75% to 80% due to the decrease in the divisible pool as the arrears of the advance tax collection had been cleared
In view of the increasing integration of the national economy and for eliminating the regional imbalances the contribution factor was kept at 10% in the distribution of share amongst the states. The distribution inter se the states should be on the basis of fixed percentages
Out of the net proceeds of the income tax, 1.79% should be allocated to the Union Territories
- The Fifth Finance Commission of India
The Fifth Finance Commission was constituted by the President of India on 15 March 1968. The Terms of Reference of the Fifth Finance Commission were wider than those of the earlier ones. Apart from the matters referred to in the earlier Commissions, this Commission was required to:
Examine the desirability or otherwise of maintaining the existing arrangements in regard to additional excise duties levied in lieu of Sales Tax and the scope for extension of such arrangements to other items
To inquire into the unauthorized overdrafts of the States and recommend the procedure for avoiding such overdrafts
Examine the scope for raising revenue from taxes and duties mentioned in Article 269, the scope for States in raising additional revenue from their sources as well their scope for better fiscal management and economy in expenditure, and make a comprehensive study of the States’ expenditure on various subjects
Grants-in-aid recommended under Article 275 (1) are to be for purposes ‘other than the requirements of the Five Year Plan’, and while making its recommendations, the Commission was called upon to have regard to “the resources of the Central Government and the demands thereon” on account of expenditure on civil administration, defence, debt servicing, etc.
The Commission was asked for the first time to indicate the basis of its findings and make available relevant information. Since then these were made clear in the Terms of Reference of every successive Finance Commission
- The Fourth Finance Commission of India
The Fourth Finance Commission was constituted on 18 May 1964, under the chairmanship of Dr. P.V. Rajamannar. Other members of the Commission included
Shri Mohan Lal Gautam Shri D.G. Karve Prof. Bhabatosh Datta Shri P.C. Mathew, Member Secretary.
The Commission suggested in its report that there should be greater co-ordination between the Centre and the States in common financial interests for which it recommended the establishment of a permanent organization in the Ministry of Finance
Recommendations Tax sharing and allocation of Income-tax and Union Excise Duties.
Grants-in –aid to States in need of assistance, having regard to:
The revenue resources of States for Five Years ending with 1970–71 on the basis of the levels of taxation likely to be reached at the end of 1965–66; Creation of a fund out of Estate Duty proceeds over a specified limit, for repayment of State’s debt to the centre; and Scope for economy with efficiency in States’ administrative expenditure.
The changes to be made in the principles governing the distribution amongst the States of the grant to be made available to the States in lieu of taxes on railway fares;
To study the combined incidence of Sales Tax and Union Excise Duties on the production, consumption or export of products, the duties on which are shareable with the State.
The changes to be made in the principles governing the distribution of the net proceeds in any financial year of the additional excise duties levied on commodities, namely, cotton fabrics, silk fabrics, woolen fabrics, sugar and tobacco- in replacement in the States’ tax formerly levied by the state governments.
- The Third Finance Commission
The Third Finance Commission was appointed in the year 1960, for the period 1960–64, by the president and was chaired by Shri A.K. Chanda and the its members were :- Shri Govinda Menon, Shri Dwijendra Nath Roy, Prof. M.V. Mathur, Shri G.R. Kamat, Member Secretary. The Commission was asked to make recommendations to the president with regard to the following:- 1) On account of Tax Sharing between the Centre and the State and allocation of Income Tax and Central Excise Duties 2) Under Article 275, Grants-in-Aid to States in need of assistance, other than the sums specified in the provisos to Clause of article 275 a) With regard to the requirements of third five-year plan b) Secondly, with regard to the efforts to be made by those states to raise additional revenue amount 3) Allocation of duties, namely, additional excise duty and estate duty 4) The manner of distribution ofAd hoc Grantsin-lieu of tax on Railway Passenger Fares With regard to the TOR the following were the recommendations made by the FC:- The Finance Commission recommended the formulation of an independent commission to assess the tax potential of each state, to review its tax structure and to recommend rates under different heads of the levies of the state list :- Income Tax With regard to the divisible pool of income tax among the states the FC adopted the criterion of the first FC that 80% be distributed on the basis of population and 20% on the basis of collection. The recommended percentage share of the states in divisible pool of the Income Tax: Maharashtra – 13.41, Bihar – 9.33, Punjab – 4.49, Uttar Pradesh – 14.12, Kerala – 3.55 Union Excise Duty With regard to the distribution of the proceeds of UED the FC decided to cover all commodities on the existing list. It recommended that 20% of the net proceeds of UED on all commodities on which such duties were collected and the yield of which exceeded Rs. 5 million in1960-61 should be allocated to the state. The share of each state in the distribution of UED was determined by the Commission on the basis of population and it rejected consumption as the basis of distribution due to two major reasons a) Reliable data on consumption wasn’t available b) As it would have given advantage to the more urbanised and financially stronger states. Percentage share of the 20% of proceeds of the UED for certain major states were:- Maharashtra – 5.73, Bihar – 11.56, Punjab – 6.71, Uttar Pradesh – 10.68, Kerala – 5.46 Additional Duties of Excise The GOI in consultation with the state governments, decided that an AED be levied on mill-made textiles, sugar, tobacco, rayon among others and the net proceeds of which should be distributed among them subject to then income derived by each state being assured to it. The Commission rejected this contention as the rates of sales taxes had been revised by them since then. The commission distributed the guaranteed amount of Rs. 325.4 million among the States and the remaining amount was distributed, first, on the basis of the percentage increase in the collection of sales tax in each state since 1957– 58 when AED were imposed and then on the basis of the population. The Act imposing a tax on the railway passenger fares was repealed after the Third Finance Commission had been constituted. Hence, the commission was asked to make recommendations on the principle on which the ad hoc grant should be distributed among the states. The commission adopted the principle of compensation based on which the grants should be distributed.
- Second Finance Commission
The Second Finance Commission was constituted by president Rajendra Prasad, on 1 June 1956. The Commission was chaired by Shri K. Santhanam and consisted of Shri Ujjal Singh, Shri L.S. Misra (Retired Chief Justice, Hyderabad), Shri M.V. Rangachari and Dr. B.N. Ganguli, as its other members.
The Commission was asked to make the following recommendations:
- Grants-in-Aid to certain States, in need of assistance under Article 275, having regard to the requirements of Second Five Year Plan and the efforts made by those states to raise additional revenue.
- Allocation of Estate Duty and Tax on Railway Passenger Fares proposed to be levied by the Railway Passenger Fares Bill, 1957, introduced in the Lok Sabha on 15 May 1957.
- Grants-in-Aid to the States of Assam, Bihar, Orissa and West Bengal, to compensate for their share of the export duty on jute and jute products as per Article 273.
- The principles which should govern the distribution under article 269 of the net proceeds of estate duty in respect of property other than agricultural land, levied by the Government of India in the States within which such duty is leviable.
- Revisions, if any, of the rates of interest on loans made by the Centre to the States between 15 August 1947 to 31 March 1956 and their terms of repayment. The phenomenal growth of the Union loans to the States justified such adjustments.
- Apportionments of the net proceeds of the additional Excise Duties proposed to be levied in view of States’ Sales Taxes on the mill made textiles, sugar and tobacco, and the amounts which should be assured to the States as the income now derived by them from the levy on these commodities and the States Sales Tax (which is to be replaced by the additional duty of excise).
With regard to the distribution of Income Tax, the Commission made the following recommendations:
- Despite the receding contribution by the Income Tax to the devolution of revenue to the States, the Commission recommended an increase in the per cent of the net proceeds to the States from 55 to 60, and the share of the Union Territories should be 1 per cent.
- It was recommended that the distribution of the share of Income tax among the States should be 10 per cent on the basis of collection and 90 per cent of the basis of population, thereby giving greater importance to population than it was earlier.
As far as the allocation to the States from the Union duties of excise on matches, tobacco, vegetable products, tea, coffee, sugar, paper and vegetable non-essential oils was concerned, the Commission considered that it should be 25 per cent.
The table below summarizes what each State was to expect in each of the five years starting from 1 April 1957 under the Second Finance Commission’s recommendations:
|States||Share of Taxes||Grants under Article 273||Grants under Article 275||TOTAL|
- First Finance Commission
The First Finance Commission was appointed by the president on 20 November 1951, which was chaired by Mr. K.C. Neogy. Other members of the commission included Mr. V.P. Menon, Mr. R. Kaushalendra Rao, Dr. BK Madan and Mr. M.U. Rangachari. After Mr. V.P. Menon’s resignation on 18 February 1952, Mr. V.L. Mehta was appointed as a member. The commission was asked to make recommendations regarding:
- Allocations of income tax and Union Excise Duties and tax sharing.
- Amounts payable as Grants- in-Aid to the States in need of Assistance under the ‘substantive portion of Clause 1 of Article275’.
- Grants-in-Aid to certain States in lieu of their share of export duty on jute and jute products according to Article 273 # Continuation or adjustment of the terms of agreement with Part B States under Article 278 (1) or under Article 306.
- The share of States in the proceeds of income tax was to be 55 per cent.
- The First Commission recommended that shares of States in the Union excise duties be 40 per cent of the proceeds of the tax on three commodities, 25 per cent of the proceeds of the tax on eight commodities and 20 per cent of the proceeds of the tax on 35 commodities, respectively.
- As far as Horizontal Distribution is concerned, overwhelming weightage is given to Population (80%). Only residual weightage of 20% given to contribution.
- No recommendations regarding grants for meeting capital requirements of the state were made by the commission.
- The Commission provided Grants in- Aid (under Article 273) to only four states, namely, Assam Bihar, Orissa and West Bengal. However, Grants were provided to many states under Substantive Portion of Article 275 (1) and under the head of Primary education grants.
All recommendations made by the commission were accepted by the Union Government.
Finance commission Versus planning commission
It is alleged that Planning Commission (India) (PC) which is neither a constitutional nor a statutory body has usurped the role of Finance Commission(FC). PC has restricted FC’s role to mere recommend grants to states on revenue account only under article 275 of Indian constitution. However, after the formation of NITI Aayog (National Institute of Transforming India), which comes to replace the Planning Commission seeks to empower FC with the originally envisaged task of distribution of revenue to the states.
National Commission for Scheduled Castes
National Commission for Scheduled Castes is an Indian constitutional body established with a view to provide safeguards against the exploitation of Scheduled Castes to promote and protect their social, educational, economic and cultural interests, special provisions were made in the Constitution.
- 1 History
- 1.1 Commission for SCs and STs
- 1.2 National Commission for Scheduled Castes
- 2 Functions
Commission for SCs and STs
The first Commission for SC and ST was set up in August 1978 with Shri Bhola Paswan Shastri as chairman and other four Members. In 1990 the Commission for SCs and STs was renamed as the National Commission for Scheduled Castes and Scheduled Tribes and it was set up as a National Level Advisory Body to advise the Government on broad policy issues and levels of development of Scheduled Castes and Scheduled Tribes. The first Commission was constituted in 1992 with Shri S.H. Ramdhan as chairman. The second Commission was constituted in October 1995 with Shri H. Hanumanthappa as chairman.
The third Commission was constituted in December 1998 with Shri Dileep Singh Bhuria as the chairman.
The fourth Commission was constituted in March 2002 with Dr. Bizay Sonkar Shastri as the Chairperson.
Consequent upon the Constitution (Eighty-Ninth Amendment) Act, 2003 the erstwhile National Commission for Scheduled Castes & Scheduled Tribes has been replaced by (1) National Commission for Scheduled Castes and (2) National Commission for Scheduled Tribes.
National Commission for Scheduled Castes
The first National Commission for Scheduled Castes was constituted on 2004 with Suraj Bhan as the Chairperson.
The Second National Commission for Scheduled Castes in series was constituted on May 2007 with Buta Singh as the Chairperson.
The Third National Commission for Scheduled Castes has been constituted on October 2010 with P.L.Punia as the Chairperson.
The following are the functions of the commission: To investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;
- To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes;
- To participate and advise on the planning process of socio-economic development of the Scheduled Castes and to evaluate the progress of their development under the Union and any State;
- To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
- To make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes; and
- To discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes as the President may, subject to the provisions of any law made by Parliament, by rule specify.
Scheduled Castes and Scheduled Tribes
Scheduled castes distribution map in India by state and union territory according to 2011 Census. Punjab had the highest % of its population as SC (~32%), while India’s island territories and two northeastern states had 0%.
Scheduled Tribes distribution map in India by state and union territory according to 2011 Census. Mizoram and Lakshadweep had the highest % of its population as ST (~95%), while Punjab and Haryana had 0%.
The Scheduled Castes (SCs) and Scheduled Tribes (STs) are official designations given to various groups of historically disadvantaged people in India. The terms are recognised in the Constitution of India and the various groups are designated in one or other of the categories. During the period of British rule in the Indian subcontinent, they were known as the Depressed Classes.
In modern literature, the Scheduled Castes are sometimes referred to as Dalits Scheduled Tribes is used as an official term for Adivasis.The Scheduled Castes and Scheduled Tribes comprise about 16.6 percent and 8.6 percent, respectively, of India’s population (according to the 2011 census). The Constitution (Scheduled Castes) Order, 1950 lists 1,108 castes across 29 states in its First Schedule, and the Constitution (Scheduled Tribes) Order, 1950 lists 744 tribes across 22 states in its First Schedule. Since independence, the Scheduled Castes and Scheduled Tribes were given Reservation status, guaranteeing political representation. The Constitution lays down the general principles of affirmative action for SCs and STs.
- 1 History
- 2 Religious population of SCs/STs
- 3 Steps taken by the government to improve the situation of SC and ST
- 3.1 National commissions
- 3.2 Constitutional history
- 4 Scheduled Castes Sub-Plan
- 5 Notable people
Since the 1850s these communities were loosely referred to as Depressed Classes, with the Scheduled Tribes also being known as Adivasi (“original inhabitants”). The early 20th century saw a flurry of activity in the Raj assessing the feasibility of responsible self-government for India. The Morley–Minto Reforms Report, Montagu–Chelmsford Reforms Report and the Simon Commission were several initiatives in this context. A highly contested issue in the proposed reforms was the reservation of seats for representation of the Depressed Classes in provincial and central legislatures.
In 1935, British passed the Government of India Act 1935, designed to give Indian provinces greater self-rule and set up a national federal structure. The reservation of seats for the Depressed Classes was incorporated into the act, which came into force in 1937. The Act introduced the term “Scheduled Castes”, defining the group as “such castes, races or tribes or parts of groups within castes, races or tribes, which appear to His Majesty in Council to correspond to the classes of persons formerly known as the ‘Depressed Classes’, as His Majesty in Council may prefer”. This discretionary definition was clarified in The Government of India (Scheduled Castes) Order, 1936, which contained a list (or Schedule) of castes throughout the British-administered provinces.
After independence the Constituent Assembly continued the prevailing definition of Scheduled Castes and Tribes, giving (via articles 341 and 342) the president of India and governors of the states a mandate to compile a full listing of castes and tribes (with the power to edit it later, as required). The complete list of castes and tribes was made via two orders: The Constitution (Scheduled Castes) Order, 1950 and The Constitution (Scheduled Tribes) Order, 1950, respectively.
Religious population of SCs/STs
According to the Constitution (Scheduled Castes) Orders (Amendment) Act, 1990, Scheduled Castes can only belong to Hindu or Sikh or Buddhist religions. There is no religion bar in case of Scheduled Tribes. The Sachar Committee report of 2006 revealed that scheduled castes and tribes of India are not limited to the religion of Hinduism. The 61st round Survey of the NSSO found that 90% of the Buddhists, one-third of the Sikhs, and one-third of the Christians in India belonged to the notified scheduled castes or tribes of the Constitution
|Distribution of each religion by caste category 2004/05||Scheduled Caste||Scheduled Tribe||Other Backward Classes||Others||Total|
Steps taken by the government to improve the situation of SC and ST
The Constitution provides a three-pronged strategy to improve the situation of SCs and STs:
- Protective arrangements: Such measures as are required to enforce equality, to provide punitive measures for transgressions, to eliminate established practices that perpetuate inequities, etc. A number of laws were enacted to implement the provisions in the Constitution. Examples of such laws include The Untouchability Practices Act, 1955, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, etc.
- Affirmative action: Provide positive treatment in allotment of jobs and access to higher education as a means to accelerate the integration of the SCs and STs with mainstream society. Affirmative action is popularly known as reservation.
- Development: Provide resources and benefits to bridge the socioeconomic gap between the SCs and STs and other communities. Major part played by the Hidayatullah National Law University.
To effectively implement the various safeguards built into the Constitution and other legislation, the Constitution under Articles 338 and 338A provides for two statutory commissions: the National Commission for Scheduled Castes, and the National Commission for Scheduled Tribes. The chairpersons of both commissions sit ex officio on the National Human Rights Commission.
In the original Constitution, Article 338 provided for a special officer (the Commissioner for SCs and STs) responsible for monitoring the implementation of constitutional and legislative safeguards for SCs and STs and reporting to the president. Seventeen regional offices of the Commissioner were established throughout the country.
There was an initiative to replace the Commissioner with a committee in the 48th Amendment to the Constitution, changing Article 338. While the amendment was being debated, the Ministry of Welfare established the first committee for SCs and STs (with the functions of the Commissioner) in August 1978. These functions were modified in September 1987 to include advising the government on broad policy issues and the development levels of SCs and STs. Now it is included in Article 342.
In 1990, Article 338 was amended for the National Commission for SCs and STs with the Constitution (Sixty fifth Amendment) Bill, 1990. The first commission under the 65th Amendment was constituted in March 1992, replacing the Commissioner for Scheduled Castes and Scheduled Tribes and the commission established by the Ministry of Welfare’s Resolution of 1989. In 2003, the Constitution was again amended to divide the National Commission for Scheduled Castes and Scheduled Tribes into two commissions: the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes. Due to the spread of Christianity and Islam among schedule caste/Tribe community converted are not protected as castes under Indian Reservation policy. Hence, these societies usually forge their community certificate as Hindus and practice Christianity or Islam afraid for their loss of reservation
Scheduled Castes Sub-Plan
The Scheduled Castes Sub-Plan (SCSP) of 1979 mandated a planning process for the social, economic and educational development of Scheduled Castes and improvement in their working and living conditions. It was an umbrella strategy, ensuring the flow of targeted financial and physical benefits from the general sector of development to the Scheduled Castes. It entailed a targeted flow of funds and associated benefits from the annual plan of states and Union Territories (UTs) in at least a proportion to the national SC population. Twenty-seven states and UTs with sizable SC populations are implementing the plan. Although the Scheduled Castes population according to the 2001 Census was 16.66 crores (16.23 percent of the total population), the allocations made through SCSP have been lower than the proportional population.
- B. R. Ambedkar: Jurist, economist, political leader, writer.
- K. R. Narayanan: Tenth President of India
- Babu Jagjivan Ram: Former Deputy Prime Minister of India
- K. G. Balakrishnan: Former Chief Justice of India, chairman of national human rights commission
- Sushilkumar Shinde: Ex-Cabinet Minister for Home Affairs
- Mayawati: Former Chief Minister of Uttar Pradesh
- Birsa Munda: Indian independence advocate and tribal leader
- J. Shivashanmugam Pillai (1901–1975), Indian National Congress politician. First Dalit mayor of Madras city (1935) and first Dalit speaker of the Madras Legislative Assembly.
- Mallikarjun Kharge: Former Railway minister and present leaders of congress party in Loksabha.
- Damodaram Sanjivayya (1921–1972): First dalit chief minister of a state and first dalit president of the Indian National Congress
- Kanshi Ram: Founder of Bahujan Samaj Party
- Shibu Soren: Former Chief Minister of Jharkhand state
- Ram Vilas Paswan: President of the Lok Janshakti Party
- Bangaru Laxman: Former President of Bharatiya Janata Party (BJP)
- Lala Ram Ken: Member of the seventh and eighth Parliaments
- Damodar Raja Narasimha: Former Deputy Chief Minister of Andhra Pradesh
- J. Geeta Reddy: Former minister of Andhra Pradesh
- Lankapalli Bullayya (1918–1992): First dalit university vice-chancellor (Andhra University, 1968–74)
- Jwala Prasad Kureel: MP of the sixth Lok Sabha; member of Janata Party serving Ghatampur (UP) Lok Sabha constituency
- PL Punia: Chairman, National Commission for SC/ST
- Thol. Thirumavalavan: president viduthalai ciruthai katchi and member of parliament from 2009 from Tamil Nadu.
- Kailash Meghwal: Speaker of the Rajasthan Legislative Assembly
Election Commission of India
|भारत निर्वाचन आयोग|
|Formed||25 January 1950 (Later celebrated as National Voters Day)|
The Election Commission of India is an autonomous constitutional authority responsible for administering election processes to Lok Sabha, Rajya Sabha, state legislatures and the offices of the President and Vice President in India. Election Commission operates under the authority of Constitution, and subsequently enacted Representation of the People Act. The Supreme Court of India has held that where the enacted laws are silent or make insufficient provision to deal with a given situation in the conduct of elections, the Election Commission has the residuary powers under the Constitution to act in an appropriate manner.
- 1 Structure
- 2 Functions and powers
- 3 State Election Commission
- 4 Modernization
- 5 Criticism
Originally in 1950, the commission had only a Chief Election Commissioner. Two additional Commissioners were appointed to the commission for the first time on 16 October 1989, but they had a very short tenure—until 1 January 1990. The Election Commissioner Amendment Act, 1993 made the Election Commission a multi-member body. The concept of a 3-member Commission has been in operation since then, with decision-making power by majority vote. The Chief Election Commissioner of India can be removed from his office by Parliament with two-thirds majority in Lok Sabha and Rajya Sabha on the grounds of proven misbehavior or incapacity. Other Election Commissioners can be removed by the President on the recommendation of the Chief Election Commissioner. A Chief Election Commissioner has never been impeached in India. In 2009, just before the 2009 Lok Sabha Elections, CEC N. Gopalaswami sent a recommendation to President Patil to remove Election Commissioner Navin Chawla, who was soon to take office as a Chief Election Commissioner and to subsequently supervise the Lok Sabha Election, citing his partisan behavior in favor of one political party. The President opined that such a recommendation is not binding on the President, and hence rejected it. Subsequently, after CEC Gopalaswami’s retirement next month, Navin Chawla became the Chief Election Commissioner and supervised the bulk of 2014 Lok Sabha Elections. The Chief Election Commissioner and the two Election Commissioners draw salaries and allowances at par with those of the Judges of the Supreme Court of India as per the Chief Election Commissioner and other Election Commissioners (Conditions of Service) Rules, 1992.
Functions and powers
Main article: Election Commission of India’s Model Code of Conduct
One of the most important features of the democratic polity is elections at regular intervals. Holding periodic free and fair elections are essentials of democratic system. It is a part of the basic structure of the Constitution.<ref>AIR 1995 SC 852</ref> The Election Commission is regarded as the guardian of free and fair elections. In every election, it issues a Model code of Conduct for political parties and candidates to conduct elections in a free and fair manner. The Commission issued the code for the first time in 1971 (5th Election) and revised it from time to time. It lay down guidelines for conduct of political parties and candidates during elections. However, there are instances of violation of code by the political parties and complaints are received for misuse of official machinery by the candidates. The need for such code is in the interest of free and fair elections. However, the code does not have any specific statutory basis. It has only a persuasive effect. It contains what, known as “rules of electoral morality”. But this lack of statutory backing does not prevent the Commission from enforcing it.
A law regarding to the registration process for political parties was enacted in 1989 and number of parties got registered with the Commission. Welcome to Election Commission of India. Eci.nic.in. Retrieved on 2014-05-21.</ref> It helps to avoid confusion of the administrative machinery and the electorate and ensures that political parties are brought under the purview of the election commission.
To get rid of the growing influences and vulgar show of money during elections the Election Commission has made many suggestions in this regard. The Election Commission has fixed the legal limits on the amount of money which a candidate can spend during election campaigns. These limits have been revised from time to time. The Election Commission by appointing observers keeps an eye on the individual account of election expenditure. The contestants are also required to give details of expenditure within 30 days of declaration of results. The campaign period was reduced by the Election Commission from 21 to 14 days for Lok Sabha and Assembly elections to trim down election expenditure. Moreover, Election Commission takes details of the candidate’s assets on affidavit at the time of submitting nomination paper.
The Commission can issue an order for prohibition of publication and disseminating of results of opinion polls or exit polls.<ref name=”photius.com”>India Election Commission Sources: The Library of Congress Country Studies; CIA World Factbook</ref>
State Election Commission
The power of superintendence, direction and control of all elections to the local government bodies vest with the State Election Commissions as envisaged in Article 243K of the Constitution of India. The Constitutional (73rd Amendment) Act, passed in 1992 by the Narasimha Rao government, came into force on April 24, 1993. It was meant to provide constitutional sanction to establish “democracy at the grassroots level as it is at the state level or national level” The State Election Commissioner has several unique powers pertaining to the elections to Local Bodies, which include the following. SEC chairs the Delimitation Commission which delimits local government constituencies. He has full powers to conduct local government elections including disciplinary powers over staff who are on election duty and assigns reserved posts and constituencies. The SEC can disqualify candidates who do not submit election accounts, members found guilty of defection and elected representative who do not convene the Grama Sabha. 111
NOTA symbol in India
The Election Commission had tried to bring improvements in election procedures by introduction of EVM – Electronic voting machines. It was thought that EVMs would reduce malpractices and improve efficiency. It was first tried out on an experimental basis in the state of Kerala for the 1982 Legislative Assembly Elections. After successful testing and legal inquires, the Commission took the decision to begin the use of EVMs. The Election Commission launched a web site of its own on 28 February 1998. It helps to provide accurate information, management, administration and also instant results of the elections. In 1998, Election Commission decided on a program for the ‘computerization’ of the electoral rolls. In an effort to prevent electoral fraud, in 1993 EPICs – Electorals Photo Identity Cards were issued. In the 2004 elections, it was mandatory to possess the card. But even ration cards and driving licenses is allowed to be used for election purposes. The introduction of Voter-verified paper audit trail (VVPAT) in eight Lok Sabha constituencies in 2014 Indian General Elections was a big achievement after the Supreme Court judgement in October 2013. Voter-verified paper audit trail (VVPAT) system was first used with EVMs in a by-poll in September 2013 in Noksen (Assembly Constituency) in Nagaland. VVPAT was used in gradual manner in all elections starting from September 2013- Mizoram Legislative Assembly election, 2013, Delhi Legislative Assembly election, 2013, Madhya Pradesh Legislative Assembly election, 2013, Rajasthan Legislative Assembly election, 2013, Chhattisgarh Legislative Assembly election, 2013, Indian general election, 2014, Maharashtra Legislative Assembly election, 2014, Haryana Legislative Assembly election, 2014, Jammu and Kashmir Legislative Assembly election, 2014, Jharkhand Legislative Assembly election, 2014. NOTA was also an option on Indian voting machines in 2014 Lok Sabha elections and now it is a mandatory option in every subsequent elections.
The specific symbol for NOTA, a ballot paper with a black cross across it, was introduced on 18 September 2015. The symbol is designed by National Institute of Design, Ahmedabad. Photo voter slips would be provided to voters. Bihar became the first state to have photo electoral rolls, with photographs of candidates on EVMs in Bihar Legislative Assembly election, 2015.
The Election Commission of India came into severe criticism when a RTI by disability activist Dr Satendra Singh revealed its ill-preparedness to safeguard electors with disabilities in General Elections 2014. There were many violations of Supreme Court order from 2014 to enfranchise persons with disabilities.
Union Public Service Commission
|Formation||1 October 1926|
|Type||Government of India, भारत सरकार|
|Headquarters||Dholpur House, Shahjahan Road, New Delhi|
|Parent organisation||Government of India|
|Affiliations||Government of India|
The Union Public Service Commission (UPSC; Hindi: संघ लोक सेवा आयोग) is India’s central agency authorised to conduct the Civil Services Examination, Indian Forest Service examination, Engineering Services Examination, Combined Defence Services Examination, National Defence Academy Examination, Naval Academy Examination, Combined Medical Services Examination, Special Class Railway Apprentice, Indian Economic Service/Indian Statistical Service Examination, Combined Geoscientist and Geologist Examination, and Central Armed Police Forces(Assistant Commandant) Examination.
The agency’s charter is granted by the Constitution of India. Articles 315 to 323 of Part XIV of the constitution, titled as Services Under the Union and the States, provide for a Public Service Commission for the Union and for each state. The examination is one of the toughest examinations in India with success rate of 0.1%–0.3%.
- 1 History
- 2 Administration and control
- 3 Chairman
- 4 Members
- 5 Recruitment rules
- 6 Gender issue in application form
- 7 Reports
The Royal Commission on the Superior Civil Services in India under the Chairmanship of Lord Lee, which submitted its Report in 1924, recommended the setting up of the Public Service Commission. This led to the establishment of the first Public Service Commission on 1 October 1926 under the Chairmanship of Sir Ross Barker. The limited advisory function accorded to the Public Service Commission and the continued stress on this aspect by the leaders of our freedom movement resulted in the setting up of a Federal Public Service Commission under the Government of India Act, 1935. The Federal Public Service Commission became the Union Public Service Commission after Independence and it was given a Constitutional status with promulgation of constitution of india on 26 January 1950.
Administration and control
The Commission consists of a chairman and ten members. The terms and conditions of service of chairman and members of the Commission are governed by the Union Public Service Commission (Members) Regulations, 1969. The Chairman and other members of the UPSC (Union Public Service Commission) are appointed by the President of India. At least half of the members of the Commission are Civil Servants (working or retired) with minimum ten years of experience either in Central or State service.
The Commission is serviced by a Secretariat headed by a Secretary with two Additional Secretaries, a number of Joint Secretaries, Deputy Secretaries and other supporting staff.
Every member holds office for a term of six years or until he attains the age of sixty-five years, whichever is earlier.
He can submit his resignation at any time to the President of India. He may be removed from his office by the President of India on the ground of misbehaviour (only if an inquiry of such misbehaviour is made and upheld by Supreme Court) or if he is adjudged insolvent, or engages during his term of office in any paid employment outside the duties of his office, or in the opinion of the President unfit to continue in office by reason of infirmity of mind or body.
UPSC is amongst the few institutions which function with both autonomy and freedom along with the country’s higher judiciary and lately the Election Commission. As of 12 May 2015, the Commission consists of a chairman and 10 members. The names of the members are:
- Deepak Gupta a retired IAS officer of Jharkhand cadre and younger brother of former Home Secretary Madhukar Gupta is the Current chairman of the commission.
- Smt Alka Sirohi (IAS-Madhya Pradesh Cadre)
- Prof David R Syiemlieh (Academician, Former VC of R G University)
- Shri Manbir Singh (ex-IFS)
- Vice Admiral D K Dewan (Retd) AVSM, PVSM
- Shri Vinay Mittal (Former Railway Board Chairman)
- Dr (Smt) P Kilemsungla (Indian educationist)
- Shri Chhatar Singh (Former Prin Sec to Haryana CM)
- Hem Chandra Gupta (Former Professor, IIT Delhi)
- Arvind Saxena (Former Director and Ex-officio Special Secretary, Aviation Research Centre (ARC))
- Prof(Dr)Pradeep Kumar Joshi (Former Chairman of Chhattisgarh & Madhya Pradesh Public Service Commission)
The government has enhanced the status of chairman and members of the Commission by Chairman has been placed in Article 9A with Chief Election Commissioner and Members have been placed as Equivalents in Article 11 along with Election Commissioners, in the Warrant of Precedence.
In accordance with the provisions contained in Article 320 of the Constitution read with the provisions of Union Public Service Commission (Exemption from Consultation) Regulations 1958, Recruitment Rules of all Group ‘A’ and Group ‘B’ posts in various Ministries/Departments of Government of India are required to be framed in Consultation with the Commission. Consultation with the Commission is also necessary for framing/amending Recruitment Rules for certain categories of posts under the Employees State Insurance Corporation, The Delhi Municipal Corporation, The New Delhi Municipal Coil, Employees Provid. Various examinations are conducted by UPSC every year on an all India basis. These include:- Examinations for recruitment to services/posts in various fields, such as Civil Services, Engineering, Medical and Forest Service, etc. Recruitment is made by one of the following three methods:1) Direct Recruitment; 2) Promotion; and 3) Transfer. Currently Union Public Service Commission of India has 42 regular examination centers, where each year they conduct Several Indian Civil Services Examination.
Gender issue in application form
While the notification of UPSC claims”Government strives to have a workforce which reflects gender balance and women candidates are encouraged to apply “, the application form available online doesn’t have the option for “others” under the category of sex. This was highlighted through an RTI appeal filed by a Madurai-based 23-year-transgender, Swapna. Transgender Swapna and gender activist Gopi Shankar from Srishti Maduraistaged the protest in Madurai collectorate on 7th October 2013 demanding reservation and to permit alternate genders to appear for examinations conducted by TNPSC, UPSC, SSC and Bank Exams.Later Swapna was incidentally, had successfully moved the Madras High Court in 2013 seeking permission to write the TNPSC Group II exam as a ‘woman’ candidate.
The UPSC annually submits a report of its work to the President of India. Further it is sent to each house of Parliament for discussion.The commission submits an annual report on the work done by it to the president.The president places the report of the commission before the parliament along with a memorandum with regard to the cases where the advice of the commission was not accepted and the reasons for such non-acceptance.
State Services Commission
|Preceding agency||· Public Service Commission|
|Headquarters||Lvl 10, Reserve Bank Bldg,
2 The Terrace,
|Annual budget||Vote State Services
Total budget for 2015/16
|Minister responsible||· Hon Paula Bennett
Minister of State Services
|Key documents||· Statement of Intent 2010-2015
· Annual Report 2010
The State Services Commission (SSC) (Māori: Te Komihana O Ngā Tari Kāwanatanga) is the central public service department of New Zealand charged with overseeing, managing, and improving the performance of the State sector of New Zealand and its organisations.
The SSC’s official responsibilities, as defined by the State Sector Act 1988, include:
- appointing and reviewing Public Service chief executives,
- promoting and developing senior leadership and management capability for the Public Service,
- providing advice on the training and career development of staff in the Public Service,
- reviewing the performance of each department,
- providing advice on the allocation of functions to and between departments and other agencies,
- providing advice on management systems, structures, and organisations in the Public Service and Crown entities,
- promoting, developing, and monitoring equal employment opportunities policies and programmes, and
- any other functions with respect to the administration and management of the Public Service, as directed by the Prime Minister.
The overarching goal, as described in their statement of intent is “to provide leadership to the State Services so that government works better for New Zealanders.”.
Public Service Commission in india
From Wikipedia, the free encyclopedia
Articles 315 to 323 in Part XIV of the Constitution of India provides for the establishment of Public Service Commission for the Union and a Public Service Commission for each State.The same set of Articles (i.e., 315 to 323 in Part XIV) of the Constitution also deal with the composition, appointment and removal of members,power and functions and independence of a Public Service Commission.Union Public Service Commission to conduct examinations for recruitment to all India services and higher Central services and to advise the President on disciplinary matters.State Public Service Commission in every state to conduct examinations for recruitment to state services and to advice the governor on disciplinary matters.
|Public Service Commissions in India|
|Union Public Service Commission|
|Andhra Pradesh Public Service Commission|
|Arunachal Pradesh Public Service Commission|
|Assam Public Service Commission|
|Bihar Public Service Commission|
|Chhattisgarh Public Service Commission|
|Goa Public Service Commission|
|Gujarat Public Service Commission|
|Haryana Public Service Commission|
|Himachal Pradesh Public Service Commission|
|Jammu & Kashmir Public Service Commission|
|Jharkhand Public Service Commission|
|Karnataka Public Service Commission|
|Kerala Public Service Commission|
|Madhya Pradesh Public Service Commission|
|Maharashtra Public Service Commission|
|Manipur Public Service Commission|
|Meghalaya Public Service Commission|
|Mizoram Public Service Commission|
|Nagaland Public Service Commission|
|Odisha Public Service Commission|
|Punjab Public Service Commission|
|Rajasthan Public Service Commission|
|Sikkim Public Service Commission|
|Tamil Nadu Public Service Commission|
|Telangana state Public Service Commission|
|Tripura Public Service Commission|
|Uttar Pradesh Public Service Commission|
|Uttarakhand Public Service Commission|
|West Bengal Public Service Commission|
Comptroller and Auditor General of India
This article is about Comptroller and Auditor General of India. For similar title in other jurisdictions, see Comptroller and Auditor General.
Shashi Kant Sharma
since 23 May 2013
|Nominator||Prime Minister of India|
|Appointer||President of India|
|Term length||6 yrs or up to 65 yrs of age
(whichever is earlier)
|Republic of India|
The Comptroller and Auditor General (CAG) of India is an authority, established by the Constitution under Constitution of India/Part V Chapter V/Sub-part 7B/Article 148, who audits all receipts and expenditure of the Government of India and the state governments, including those of bodies and authorities substantially financed by the government. The CAG is also the external auditor of Government-owned corporations and conducts supplementary audit of government companies, i.e., any non-banking/ non-insurance company in which Union Government has an equity share of at least 51 per cent or subsidiary companies of existing government companies. The reports of the CAG are taken into consideration by the Public Accounts Committees (PACs) and Committees on Public Undertakings (COPUs), which are special committees in the Parliament of India and the state legislatures. The CAG is also the head of the Indian Audit and Accounts Department, the affairs of which are managed by officers of Indian Audit and Accounts Service, and has over 58,000 employees across the country.
The CAG is mentioned in the Constitution of India under Article 148 – 151.
The CAG is ranked 9th and enjoys the same status as a judge of Supreme Court of India in Indian order of precedence. The current CAG of India is Shashi Kant Sharma who was appointed on 23 May 2013. He is the 12th CAG of India.
- 1 Appointment
- 1.1 Oath or affirmation
- 1.2 Recent achievements
- 1.3 Suggested reforms
- 2 Compensation
- 3 Removal
- 4 Indian Audit and Accounts Service
- 5 Scope of audits
- 5.1 Reforms suggested by former CAG Vinod Rai
- 6 Prominent audit reports
- 6.1 2G Spectrum allocation
- 6.2 Coal Mine Allocation
- 6.3 Fodder scam
- 6.4 Krishna-Godavari(KG)D6 gas block
- 7 List of Comptroller and Auditors General of India
The Comptroller and Auditor-General of India is appointed by the President of India following a recommendation by the Prime Minister. On appointment, he/she has to make an oath or affirmation before the President of India.
Oath or affirmation
I, _______, been appointed Comptroller and Auditor-General of India do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws.
— Constitution of India, Third Schedule, Part IV
Recently the CAG under Vinod Rai has constantly been in the limelight for its reports exposing mega corruption, particularly in 2G Spectrum Scam, Commonwealth Games scam and other scams.
In June 2012, Lal Krishna Advani a veteran Indian politician and former Deputy Prime Minister of India (as well as former Leader of the Opposition in Indian Parliament) suggested that CAG’s appointment should be made by a bipartisan collegium consisting of the prime minister, the Chief Justice, the Law Minister and the Leaders of the Opposition in the Lok Sabha and the Rajya Sabha. Subsequently, M Karunanidhi, the head of Dravida Munnetra Kazhagam (DMK) party and five times Chief Minister of Tamil Nadu supported the suggestion. Advani made this demand to remove any impression of bias or lack of transparency and fairness because, according to him, the current system was open to “manipulation and partisanship”. Similar demand was made by many former CEC’s such as B B Tandon, N Gopalaswamy and S Y Quraishi, however the government did not seem too keen. CPI MP GURUDAS DASGUPTA wrote a letter to The PM and demand CAG has appointed by the collegium of consisting the PM,the CJI and the leader of the opposition in Lok Sabha but The PM Declined it.former CAG V. K. Shunglu has suggested in its CWG scam report that THE CAG has made a multimember body.PMO minister V.Narayanasamy in his interview with PTI said govt. is considering the shunglu panel report.but PM and Finance Minister declined it.Later V. Narayanasamy said he misquoted but PTI reaffirmed it.
The salary and other conditions of service of the CAG are determined by the Parliament of India through “The Comptroller and Auditor-General’s (Duties, Powers and Conditions of Service) Act, 1971”. As per the act, his salary is the same as salary of a Judge of Supreme Court of India. Neither his salary nor rights in respect of leave of absence, pension or age of retirement can be varied to his disadvantage after his appointment. The CAG is not eligible for further office either under the Government of India or under the Government of any State after he has ceased to hold his office. These provisions are in order to ensure the independence of CAG.
|Salary of CAG|
|1 January 2006||₹90,000 (US$1,300)|
The CAG can be removed only on an address from both house of parliament on the ground of proved misbehaviour or incapacity.The CAG vacates the office on attaining the age of 65 years age even without completing the 6 years term.
Indian Audit and Accounts Service
Main article: Indian Audit and Accounts Service
The Constitution of India [Article 148] provides for an independent office to the CAG of India. He or she is the head of Indian Audit and Accounts Department. She or he has a duty to uphold the Constitution of India and laws of the Parliament to safeguard the interests of the public exchequer.
The Indian Audit and Accounts Service aids the CAG in the discharge of his/her functions.
Scope of audits
“CAG is not a munimji or an accountant or something like that… He is a constitutional authority who can examine the revenue allocation and matters relating to the economy. CAG is the principal auditor whose function is to go into the economy, effectiveness and efficiency of the use of resources by the government. If the CAG will not do, then who else will do it”
– Observation of a bench of Supreme Court of India while dismissing a petition challenging CAG reports on 2G spectrum, Coal Blocks Allotment, etc.
Audit of government accounts (including the accounts of the state governments) in India is entrusted to the CAG of India who is empowered to audit all expenditure from the Consolidated Fund of the union or state governments, whether incurred within India or outside, all revenue into the Consolidated Funds and all transactions relating to the Public Accounts and the Contingency Funds of the Union and the states. Specifically, audits include:
- Transactions relating to debt, deposits, remittances, Trading, and manufacturing
- Profit and loss accounts and balance sheets kept under the order of the President or Governors
- Receipts and stock accounts.CAG also audits the books of accounts of the government companies as per Companies Act.
In addition, the CAG also executes performance and compliance audits of various functions and departments of the government. Recently, the CAG as a part of thematic review on “Introduction of New Trains” is deputing an auditors’ team on selected trains, originating and terminating at Sealdah and Howrah stations, to assess the necessity of their introduction. In a path-breaking judgement, the Supreme Court of India ruled that the CAG General could audit private firms in revenue-share deals with government.
CAG has been appointed as external auditor of three major UN organisations: the Vienna-based International Atomic Energy Agency (IAEA), the Geneva-based World Intellectual Property Organisation (WIPO) and World Food Programme (WFP).
CAG has been elected the Chairman of the United Nations’ panel of external auditors.
Rebecca Mathai is an Indian who is presently the External Auditor of UN organisation World Food Programme(WFP) Headquartered at Rome, Italy]
Reforms suggested by former CAG Vinod Rai
In November 2009, the CAG requested the government to amend the 1971 Audit Act to bring all private-public partnerships (PPPs), Panchayti Raj Institutions and societies getting government funds within the ambit of the CAG.The amendment further proposes to enhance CAG’s powers to access information under the Audit Act. In the past, almost 30% of the documents demanded by CAG officials have been denied to them. The PPP model has become a favourite mode of executing big infrastructure projects worth millions of rupees and these projects may or may not come under the audit purview of the CAG, depending on sources of funds and the nature of revenue sharing agreements between the government and the private entities. Currently, it is estimated that 65 percent of government spending does not come under the scrutiny of the CAG.
Prominent audit reports
Following are some of the most debated CAG reports:
2G Spectrum allocation
Main article: 2G Spectrum scam
A CAG report on issue of Licences and Allocation of 2G Spectrum resulted in a huge controversy. The report estimated that there was a presumptive loss of ₹1766 billion (US$26 billion) by the United Progressive Alliance, UPA government. In a chargesheet filed on 2 April 2011 by the investigating agency Central Bureau of Investigation (CBI), the agency pegged the loss at ₹310 billion (US$4.6 billion)
All the speculations of profit, loss and no-loss were put to rest on 2 February 2012 when the Supreme Court of India on a public interest litigation (PIL) declared allotment of spectrum as “unconstitutional and arbitrary” and quashed all the 122 licenses issued in 2008 during tenure of A. Raja (then minister for communications & IT in the United Progressice Alliance, UPA government) the main accused. The court further said that A. Raja “wanted to favour some companies at the cost of the public exchequer” and “virtually gifted away important national asset”.Revenue loss calculation was further established on 3 August 2012 when according to the directions of the Supreme Court, Govt of India revised the reserve price for 2G spectrum to ₹140 billion (US$2.1 billion)
Coal Mine Allocation
Main article: Coal Mining Scam
A 2012 CAG report on Coal Mine Allocationreceived massive media and political reaction as well as public outrage. During the 2012 monsoon session of the Parliament, the BJP protested the Government’s handling of the issue demanding the resignation of the prime minister and refused to have a debate in the Parliament. The deadlock resulted in Parliament functioning only seven of the twenty days of the session.
The CAG report criticised the Government by saying it had the authority to allocate coal blocks by a process of competitive bidding, but chose not to. As a result, both public sector enterprises (PSEs) and private firms paid less than they might have otherwise. In its draft report in March the CAG estimated that the “windfall gain” to the allocatees was ₹10673 billion (US$160 billion). The CAG Final Report tabled in Parliament put the figure at ₹1856 billion (US$28 billion)
While the initial CAG report suggested that coal blocks could have been allocated more efficiently, resulting in more revenue to the government, at no point did it suggest that corruption was involved in the allocation of coal. Over the course of 2012, however, the question of corruption came to dominate the discussion. In response to a complaint by the BJP, the Central Vigilance Commission (CVC) directed the CBI to investigate the matter. The CBI named a dozen Indian firms in a First Information Report (FIR), the first step in a criminal investigation. These FIRs accuse them of overstating their net worth, failing to disclose prior coal allocations, and hoarding rather than developing coal allocations. The CBI officials investigating the case have speculated that bribery may be involved.
Main article: Fodder scam
The scandal was first exposed due to the CAG report in the matter in December 1995. The report alleged of fraudulent withdrawal of government funds worth ₹9.5 billion (US$140 million) in the Bihar animal husbandary department against non-existent supplies of fodder and medicines. Subsequently, based on Patna High Court’s orders, CBI investigated the case and registered as many as 63 cases. Many accused have been convicted while many cases are still under trial
Krishna-Godavari(KG)D6 gas block
The oil ministry imposed a fine of 7000 Rs. crores on Mukesh Ambani’s company for the sharp drop in production of gas and violations mentioned in CAG’s 2011 report. Oil ministry did not approve company’s US$7.2 billion stake in deal with BP. So Jaipal Reddy known for his honesty was shifted from oil ministry to the Science and Technology ministry owing to pressure from Reliance group of Industries. RIL allowed the CAG to begin the audit in April this year after stalling it for a year.But unresolved issues could stall audit of KG Basin, again Then Reliance appointed Defence Secretary Shashikant Sharma as new CAG to audit KG Basin,said Prashant Bhushan. In KG D-6, most of the cost had been recovered by the private player and the increase in price would only go as profit. About 90% of receipts from K-G D-6 were so far booked as expenditure and in the remaining 10%, only 1% was paid to the government and rest 9% went to the operator as profit.
List of Comptroller and Auditors General of India
|No.||Comptroller and Auditor General of India||Year tenure began||Year tenure ended|
|1||V. Narahari Rao||1949||1954|
|2||A. K. Chanda||1954||1960|
|3||A. K. Roy||1960||1966|
|7||T. N. Chaturvedi||1984||1990|
|8||C. G. Somiah||1990||1996|
|9||V. K. Shunglu||1996||2002|
|12||Shashi Kant Sharma||2013||Incumbent (6 years tenure or 65 years of age, whichever is earlier|
CAT Central Administrative Tribunal
The Hon’ble Chief Justice of India, Hon’ble Judges of the Supreme Court as well as the Hon’ble Prime Minister of India and Hon’ble Minister of Law had expressed their anguish on many occasions about the delay in deciding cases pending in Courts. We are glad to say that the experience and trend in the Central Administrative Tribunal is otherwise. On the occasion of the opening of the new building of the Principal Bench of the Tribunal, some features of the dispensation of justice in the Tribunal are highlighted. With a view to easing the congestion of pending cases in various High Courts and other Courts in the country, Parliament had enacted the Adminisitrative Tribunals Act, 1985 which came into force in July, 1985 and the Administrative Tribunals were established in November, 1985 at Delhi, Mumbai, Calcutta and Allahabad. Today, there are 17 Benches of the Tribunal located throughout the country wherever the seat of a High Court is located, with 33 Division Benches. In addition, circuit sittings are held at Nagpur, Goa, Aurangabad, Jammu, Shimla, Indore, Gwalior, Bilaspur, Ranchi, Pondicherry, Gangtok, Port Blair, Shillong, Agartala, Kohima, Imphal, Itanagar, Aizwal and Nainital.
The Central Administrative Tribunal has been established for adjudication of disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other local authorities within the territory of India or under the control of Government of India and for matters connected therewith or incidental thereto. This was done in pursuance of the amendment of Constitution of India by Articles 323A. In the statement of objects and reasons on the introduction of the Administrative Tribunals Act, 1985, it was mentioned that the setting up of such Administrative Tribunals exclusively would go a long way in reducing the burden on the various courts and reduce pendency and would also provide to the persons covered by the Administrative Tribunals a speedy and relatively cheap and effective remedy. In addition to Central Government employees, the Government of India has notified 45 other organizations to bring them within the jurisdiction of the Central Administrative Tribunal. The provisions of the Administrative Tribunals Act, 1985 do not, however, apply to members of paramilitary forces, armed forces of the Union, officers or employees of the Supreme Court, or to persons appointed to the Secretariat Staff of either House of Parliament or the Secretariat staff of State/Union Territory Legislatures.
A Chairman who has been a sitting or retired Judge of a High Court heads the Central Administrative Tribunal. Besides the Chairman, the authorized strength consists of 16 Vice-Chairmen and 49 Members. The conditions of service of Chairman, Vice-Chairmen and Members are governed by the provisions of the Central Administrative Tribunal (Salaries and Allowances and Conditions of Service of Chairman, Vice-Chairmen and Members), Rule, 1985, as amended from time to time. As per Rule 15-A, notwithstanding anything contained in Rule 4 to 15 of the said Rules, the conditions of service and other perquisites available to the Chairman and Vice-Chairmen of the Central Administrative Tribunal shall be same as admissible to a serving Judge of a High Court as contained in the High Court Judges (Conditions of Service) Act, 1954 and High Court Judges (Traveling Allowances) Rules, 1956, as amended from time to time
After the constitution of the Tribunal in 1985, in the beginning, under Section 29 of the Administrative Tribunals Act, 1985, the Tribunal received on transfer from the High Courts and Subordinate Courts 13,350 cases, which were pending there. Thereafter, till November 2001, 3,71,448 cases were instituted in the Tribunal. Out of these, 3,33,598 cases have already been disposed of. The total number of cases received on transfer as well as those instituted directly at various Benches of the Tribunal till 30.06.2006 is 4,76,336, of which the Tribunal has disposed of 4,51,751 cases leaving a balance of 24585 cases which constitutes disposal of 94%. The institution of cases in the Tribunal has increased tremendously but the rate of disposal of the cases has also quantatively increased and in the Principal Bench of the Tribunal at New Delhi, the disposal is 94%. During the year 2000, over 91% of cases of the Principal Bench of the Tribunal have been upheld in Writ Petition by the Delhi High Court and so quantitively also the Tribunal has performed well.
The Tribunal follows the principles of natural justice in deciding cases and the procedure, prescribed by Evidence Act or CPC does not apply. The Tribunal is also a specialized organization, which deals with only service matters in respect of the Central Government employees and other employees who have been notified. Principal Bench here is dealing presently with the cases instituted in the year 2005 and 2006 and the total number of cases pending at the end of June, 2006 is 2708. The Central Administrative Tribunal is doing its best to expedite the disposal of cases. For the year 2001 and right up to June, 2006 the overall disposal of cases has exceeded the number of freshly instituted cases, as a result of which the total pendency has reduced. Where the pendency of cases is on higher side in any Bench, Members are being deputed from other Benches to that Bench for wiping out the pendency. The original Applications in the Principal Bench are generally disposed of in four to six months, thus justifying the aim of the Legislature in setting up the Administrative Tribunals to provide a speedy, relatively inexpensive and efficacious remedy to the employees who feel aggrieved.
The Central Administrative Tribunal is empowered to prescribed its own rules of practice for discharging its functions subject to the Administrative Tribunals Act, 1985 and Rules made there under. For this purpose, the Central Administrative Tribunal Rules of Practice, 1993 have been notified. Similarly, for the purpose of laying down a common procedure for all Benches of the Tribunal, the Central Administrative Tribunal (Procedure) Rules, 1987 have been notified. Under Section 17 of the Administrative Tribunal Act, 1985, the Tribunal has been conferred the power to exercise the same jurisdiction and authority in respect of contempt of itself as a High Court.
The employees of the Central Administrative Tribunal are required to discharge their duties under the general superintendence of the Chairman. Salaries and allowances and conditions of service of the officers and other employees of the Tribunal are specified by the Central Government. Pursuant to these provisions the Central Government have notified the Central Administrative Tribunal Staff (Conditions of Service) Rules, 1985. There are 1288 posts classified in 38 categories for assisting the Tribunal in discharging its functions. The Central Administrative Tribunal is a Growing institution with increasing responsibilities and load of work.
THE ADMINISTRATIVE TRIBUNALS ACT, 1985
An Act to provide for the adjudication or trial by Administrative Tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of [any corporation or society owned or controlled by the Government in pursuance of Article 323A of the Constitution] and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:-
- Short title, extent and commencement – (1) This Act may be called The Administrative Tribunals Act, 1985.
(2). It extends,
(a) in so far as it relates to the Central Administrative Tribunal, to the whole of India:
(b) in so far as it relates to the Administrative Tribunals for States, to the whole of India, except the State of Jammu and Kashmir.
(3). The provisions of this Act, in so far as they relate to the Central Administrative Tribunal, shall come into force on such date as the Central Government may, by notification, appoint.
(4). The provisions of this Act, in so far as they relate to an Administrative Tribunal for a State, shall come into force in a State on such date as the Central Government may, by notification, appoint.
- Act not to apply to certain persons : The provisions of this Act shall not apply to-
(a) any member of the naval, military or air forces or of any other armed forces of the Union;
(b) Clause (b) omitted by Act 19 of 1986, sec. 3 (w.r.e.f. 1.11.1985).
(c) Any officer or servant of the Supreme Court or of any High Court [or courts subordinate thereto;
(d) any person appointed to the secretarial staff of either House of Parliament or to the secretarial staff of any State Legislature or a House thereof of, in the case of a Union Territory having a Legislature, of that Legislature.
- Definitions – In this Act, unless the context otherwise requires –
Judicial Member within the meaning of clause (i)] [(aa)] “Administrative Tribunal”, in relation to a State, means the Administrative Tribunal for the State or, as the case may be, the Joint Administrative Tribunal for that State and any other State or States;
(b) “application” means an application made under section 19;
(c ) “appointed day”, in relation to a Tribunal, means the date with effect from which it is established, by notification, under section 4;
(d) “appropriate Government” means, –
(i) in relation to the Central Administrative Tribunal or a Joint Administrative Tribunal, the Central Government;
(ii) in relation to a State Administrative Tribunal, the State Government ;
(e) “Bench” means a Bench of a Tribunal;
(f) “Central Administrative Tribunal” means the Administrative Tribunal
established under sub-section(1) of section 4;
(g) “Chairman” means the Chairman of a Tribunal;
(h) “Joint Administrative Tribunal” means an Administrative Tribunal for two or more State established under sub-section (3) of section 4;[(i) “Judicial Member”” means a Member of a Tribunal appointed as such under this Act, and includes the [the Chairman] who possesses any of the qualifications specified in sub-section (3)of section 6;
(ia) “Member” means a Member (whether Judicial or Administrative) of a Tribunal, and includes the Chairman;]
(j) “notification” means a notification published in the Official Gazette;
(k) “post” means a post within or outside India;
(l) “prescribed” means prescribed by rules made under this Act;
(m) “President” means the President of India;
(n) Clause (n) omitted by Act 19 of 1986, sec. 4 (w.r.e.f. 22.1.1986).
(o) “rules” means rules made under this Act;
(p) “service matters”, in relation to a person, means all matters relating to the conditions of his service in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India, or, as the case may be, of any corporation [or society] owned or controlled by the Government, as respects-
(i) remuneration (including allowances), pension and other retirement benefits;
(ii) tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation;
(iii) leave of any kind;
(iv) disciplinary matters; or
(v) any other matter whatsoever;
(r ) “service rules as to redressal of grievances”, in relation to any matter, means the rules, regulations, orders or other instruments or arrangements as in force for the time being with respect to redressal, otherwise than under this Act, of any grievances in relation to such matters;[(rr) “society” means a society registered under the Societies Registration Act, 1860, (21 of 1860) or under any corresponding law for the time being in force in a State;]
(s) “Supreme Court means the Supreme Court of India;
(t) “Tribunal” means the Central Administrative Tribunal or a State Administrative Tribunal or a Joint Administrative Tribunal;
(u) “”Vice-Chairman”” means a Member who has been authorised by appropiate Government to perform administrative functions at each of the places where Benches of the Tribunal have been set up.]
Explanation :- In the case of a Tribunal having two or more Vice-Chairmen, references to the Vice-Chairman in this Act shall be constructed as a reference to each of those Vice-Chairmen.
ESTABLISHMENT OF TRIBUNALS AND BENCHES THEREOF
- Establishment of Administrative Tribunal
(1) The Central Government shall, by notification, establish an Administrative Tribunal, to be known as the Central Administrative Tribunal, exercise the jurisdiction, powers and authority conferred on the Central Administrative Tribunal by or under this Act.
(2) The Central Government may, on receipt of a request in this behalf from any State Government, establish, by notification, an Administrative Tribunal for the State to be known as the ………….(name of the State) Administrative Tribunal to exercise the jurisdiction, powers and authority conferred on the Administrative Tribunal for the State by or under this Act.
(3) Two or more States may, notwithstanding anything contained in sub- section (2) and notwithstanding that any or all of those States has or have Tribunals established under that sub-section, enter into an agreement that the same Administrative Tribunal shall be the Administrative Tribunal for each of the States participating in the agreement, and if the agreement is approved by the Central Government and published in the Gazette of India and the Official Gazette of each of those States, the Central Government may, by notification, establish a Joint Administrative Tribunal to exercise the jurisdiction, powers and authority conferred on the Administrative Tribunals for those States by or under this Act.
(4) An agreement under sub-section (3) shall contain provisions as to the name of the Joint Administrative Tribunal, the manner in which the participating States may be associated in the selection of the Chairman and other Members of the Joint Administrative Tribunal, the places at which the Bench or Benches of the Tribunal shall sit, the apportionment among the participating States of the expenditure in connection with the Joint Administrative Tribunal and may also contain such other supplemental, incidental and consequential provisions not inconsistent with this Act as may be deemed necessary or expedient for giving effect to the agreement.[(5) Notwithstanding anything contained in the foregoing provisions of this section or sub-section (1) of section 5, the Central Government may, –
(a) with the concurrence of any State Government; designate, by notification, all or any of the Members of the Bench or Benches of the State Administrative Tribunal established for that State under sub-section (2) as Members of the Bench or Benches of the Central Administrative Tribunal in respect of that State and the same shall exercise the jurisdiction, powers and authority conferred on the Central Administrative Tribunal by or under this Act;
(b) on receipt of a request in this behalf from any State Government, designate, by notification, all or any of the Members of Bench or Benches of the Central Administrative Tribunal functioning in that State as the Members of the Bench or Benches of the State Administrative Tribunal for that State and the same shall exercise the jurisdiction, powers and authority conferred on the Administrative Tribunal for that State by or under this Act,
and upon such designation, the Bench or Benches of the State Administrative Tribunal or, as the case may be, the Bench or Benches of the Central Administrative Tribunal shall be deemed, in all respects, to be the Central Administrative Tribunal, or the State Administrative Tribunal for that State established upon the provisions of article 323A of the Constitution and this Act.
(6) Every notification under sub-section (5) shall also provide for the apportionment between the State concerned and the Central Government of the expenditure in connection with the Members common to the Central Administrative Tribunal and the State Administrative Tribunal and such other incidental and consequential provisions not inconsistent with this Act as may be deemed necessary or expedient.]
- Composition of Tribunals and Benches thereof –
(1) Each Tribunal shall consist of a [Chairman and such number of Judicial and Administrative Members] as the appropriate Government may deem fit and, subject to the other provisions of this Act, the jurisdiction, powers and authority of the Tribunal may be exercised by Benches thereof.[(2) Subject to the other provisions of this Act, a Bench shall consist of one Judicial Member and one Administrative Member.] [***] Sub-section (3) omitted by Act 19 of 1986, sec. 6 (w.r.e.f. 1.11.1985).
(4) Notwithstanding anything contained in sub-section (1), the Chairman-
[(a) may, in addition to discharging the functions of the Judicial Member or the Administrative Member of the Bench to which he is appointed, discharge the functions of the Judicial Member or, as the case may be, the Administrative Member, of any other Bench;]
(b) may transfer a Member from one Bench to another Bench;[(c ) may authorize the Judicial Member or the Administrative Member appointed to one Bench to discharge also the functions of the [Judicial Member or the Administrative Member, as the case may be,] of another Bench; and’;]
(d) may, for the purpose of securing that any case or cases which, having regard to the nature of the questions involved, requires or require, in his opinion or under the rules made by the Central Government in this behalf, to be decided by a Bench composed of more than [two Members] issue such general or special orders, as he may deem fit:[Provided that every Bench constituted in pursuance of this clause shall include at least one Judicial Member and one Administrative Member.] (6) Notwithstanding anything contained in the foregoing provisions of this section, it shall be competent for the Chairman or any other Member authorized by the Chairman in this behalf to function as [a Bench] consisting of a Single Member and exercise the jurisdiction, powers and authority of the Tribunal in respect of such classes of cases or such matters pertaining to such classes of cases as the Chairman may by general or special order specify:
Provided that if at any stage of the hearing of any such case or matter it appears to the Chairman or such Member that the case or matter is of such a nature that it ought to be heard by a Bench consisting of [two Members], the case or matter may be transferred by the Chairman or, as the case may be, referred to him for transfer to, such Bench as the Chairman may deem fit.[(7) Subject to the other provisions of this Act, the Benches of the Central Administrative Tribunal shall ordinarily sit at New Delhi (which shall be known as the Principal Bench), Allahabad, Calcutta, Madras, New Bombay and at such other places as the Central Government may, by notification, specify.
(8) Subject to the other provisions of this Act, the places at which the principal Bench and other Benches of a State Administrative Tribunal shall ordinarily sit shall be such as the State Government may, by notification, specify.]
- Qualifications for appointment as Chairman, Vice-Chairman or other Members-
(1) A person shall not be qualified for appointment as the Chairman unless he is, or has been, a judge of a High Court.-
Provided that a person appointed as Vice-Chairman before the commencement of this Act shall be qualified for appointment as Chairman if such person has held the office of the Vice-Chairman at least for a period of two years.
(2) A person shall not be qualified for appointment –
(a) as an Administrative Member, unless he has held for at leat two years the post of Secretary to the Government of India or any other post under the Central or State Government and carrying the scale of pay which is not less than that of a Secretary to the Government of India for at least two years or held a post of Additional Secretary to the Government of India for at least five years or any other post under the Central or State Government carrying the scale of pay which is not not less than that of Additional Secretary to the Government of India at least for a period of five years:
Prvided that the officers belonging to All-India services who were or are on Central deputation to a lower post shall be deemed to have held the post of Secretary or Additional Secretary, as the case may be, from the date such officers were granted proforma promotion or actual promotion whichever is earlier to the level of Secretary or Additional Secretary, as the case may be, and the period spent on Central deputation after such date shall count for qualifying service for the purposes of this clause;
(b) as Judicial Member, unless he is or qualified to be a Judge of a High Court or he has for at least two years held the post of a Secretary to the Government of India in the Department of Legal Affairs or the Legislative Department including Member-Secretary, Law Commission of India or held a post of Additional Secretary to the Government of India in the Department of Legal Affairs and Legislative Department at least for a period of five years.
(3) The Chairman and every other Member of the Central Administrative Tribunal shall be appointed after consultation with the Chief Justice of India by the President.
(4) [Subject to the provision of sub-section(3), the Chairman] and every other Member of an Administrative Tribunal for a State shall be appointed by the President after consultation with the Governor of the concerned State.
(5) [Subject to the provision of sub-section(3) and subject to the terms of the agreement between the participating State Government published under sub-section(3) of section 4 of principal Act, be appointed by the President after consultation with the Governors of the concerned States.Explanation : In computing for the purpose of this section, the period during which a person has held any post under the Central or State Government, there shall be included the period during which he has held any other post under the Central or State Government (including an office under this Act) carrying the same scale of pay as that of first mentioned post on a higher scale of pay.
- Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances :
(1) In the event of the occurrence of any vacancy in the office of the Chairman by reason of his death, resignation or otherwise, the Vice-Chairman or, as the case may be, such one of the Members as the appropriate Government may, by notification, authorize in this behalf, shall act as the Chairman until the date on which a new Chairman, appointed in accordance with the provisions of this Act to fill such vacancy enters upon his office.
(2) When the Chairman is unable to discharge his functions owing to absence, illness or any other cause, such one of the members, as the appropriate Government may, by notification, authorize in this behalf, shall discharge the functions of the Chairman until the date on which the Chairman resumes his duties.
- Term of office : The Chairman shall hold office as such for a term of five years from the date on which he enters upon his office:
Provided that no Chairman shall hold office as such after he has attained the age of sixty eight years.
(2) A Member shall hold office as such for a term of five years from the date on which he enters upon his office extendable by one more term of five years:
Provided that no Member shall hold office as such after he has attained the age of sixty-five years.
(3) The conditions of service of Chairman and Members shall be the same as applicable to Judges of the High Court.
- Resignation and Removal :
(1) The Chairman or other Members may, by notice in writing under his hand addressed to the President, resign his office :
Provided that the Chairman or other Member shall, unless he is permitted by the President to relinquish his office sooner, continue to hold office until the expiry of three months form the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.
(2) The Chairman or any other Member shall not be removed from his office except by an order made by the President on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court in which such Chairman or other Member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
(3) The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the Chairman or other Member referred to in sub-section (2).
- Salaries and allowances and other terms and conditions of service of Chairman, Vice-Chairman and other Members :
The salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman and other Members shall be such as may be prescribed by the Central Government:
Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairman or other Member shall be varied to his disadvantage after his appointment:
Provided further that where a serving Government officer is appointed as a Member, he shall be deemed to have retired from the service to which he belonged on the date on which he assumed the charge of the Member but his subsequent service as Member shall, at his option, be reckoned as a post-retirement re-employment counting for pension and other retirement benefits in the service to which he belonged.
10A. Saving terms and conditions of service of Vice-Chairman – The Chairman, Vice-Chairman and Member of a Tribunal appointed before teh commencement of the Administrative Tribunals (Amendment) Act, 2006 shall continue to be governed by the provisions of the Act, and the rules made thereunder as if the Administrative Tribunals (Amendment) Act, 2006 had not come into force:
Provided that, however, such Chairman and the Members appointed before the coming into force of Administrative Tribunals (Amendment) Act, 2006, may on completion of their term or attainment of the age of sixty-five or sixty two years, as the case may be, whichever is earlier may, if eligible terms of section 8 as amended by the Administrative Tribunals (Amendment) Act, 2006 be considered for a fresh appointment in accordance with the selection procedure laid down for such appointments subject to the condition that the total term in office of the Chairman shall not exceed five years and that of the Members, ten years.
- Provision as to the holding of offices by Chairman, etc., on ceasing to be such Chairman, etc.,- On ceasing to hold office,-
(a) the Chairman of the Central Administrative Tribunal shall be ineligible for further employment either under the Government of India or under the Government of a State;
(b) the Chairman of a State Administrative Tribunal or a Joint Administrative Tribunal shall, subject to the other provisions of this Act be eligible for appointment as the Chairman or any other Member of the Central Administrative Tribunal or as the Chairman of any other State Administrative Tribunal or Joint Administrative Tribunal, but not for any other employment either under the Government of India or under the Government of a State;
(c) Omitted by Act 1 of 2007.
(d) Omitted by Act 1 of 2007.
(e) a Member (other than the Chairman) of any Tribunal shall, subject to the other provisions of this Act, be eligible for appointment as the Chairman of such Tribunal or as the Chairman, Vice-Chairman or other Member of any other Tribunal, but not for any other employment either under the Government of India or under the Government of a State;
(f) the Chairman or other Member shall not appear, act or plead before any Tribunal of which he was the Chairman or other Member;
Explanation-For the purposes of this section, employment under the Government of India or under the Government of a State includes employment under any local or other authority within the territory of India or under the control of the Government of India or under any corporation (or society) owned or controlled by the Government.
- Financial and administrative powers of the Chairman-
(1) The Chairman shall exercise such financial and administrative powers over the Benches as may be vested in him under the rules made by the appropriate Government:
(2) The appropriate Government may designate one or more Members to the Vice-Chairman or, as the case may be, Vice-Chairman thereof and the Members so designated shall exercise such of the powers and perform such of the functions of the Chairman as may be delegated to him by the Chairman by a general of special order in writing.
- Staff of the Tribunal-
(1) The appropriate Government shall determine the nature and categories of the officers and other employees required to assist a Tribunal in the discharge of its functions and provide the Tribunal with such officers and other employees as it may thinks fit.[1(A) The officers and other employees of a Tribunal shall discharge their
functions under the general superintendence of the Chairman.]
(2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
JURISDICTION, POWERS AND AUTHORITY OF TRIBUNALS
- Jurisdiction, powers and authority of the Central Administrative Tribunal.-
(1) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court in relation to-
(a) recruitment, and matters concerning recruitment, to any All-India Service or to any civil service of the Union or a civil post under the Union or to a post connected with defence or in the defence service, being, in either case, a post filled by a civilian;
(b) all service matters concerning-
(i) a member of any All-India Service; or
(ii) a person [not being a member of an All-India Service or a person referred to in clause (c) ] appointed to any civil service of the Union or any civil post under the Union; or
(iii) a civilian [not being a member of an All-India Service or a person referred in clause (c) ] appointed to any defence services or a post connected with defence,
and pertaining to the service of such member, person or civilian, in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation [or society] owned or controller by the Government;
(c) all service matters pertaining to service in connection with the affairs of the Union concerning a person appointed to any service or post referred to in sub-clause (ii) or sub-clause (iii) of clause (b), being a person whose services have been placed by a State Government or any local or other authority or any corporation [or society] or other body, at the disposal of the Central Government for such appointment.[Explanation – for the removal of doubts, it is hereby declared that references to “Union” in this sub-section shall be construed as including references also to a Union territory.]
(2) The Central Government may, by notification, apply with effect from such date as may be specified in the notification the provisions of sub-section (3) to local or other authorities within the territory of India or under the control of the Government of India and to corporations [or societies] owned or controller by Government, not being a local or other authority or corporation [or society] controller or owned by a State Government:
Provided that if the Central Government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this Act, different dated may be so specified under sub-section in respect of different classes of or different categories under any class of, local or other authorities or corporations [or societies].
(3) Save as otherwise expressly provided in this Act, the Central Administrative tribunal shall also exercise, on and from the date with effect from which the provisions of this sub-section apply to any local or other authority or corporation [or society], all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court [***] in relation to-
(a) recruitment, and matters concerning recruitment, to any service or post in connection with the affairs of such local or other authority or corporation [or society]; and
(b) all service matters concerning a person [other than a person referred to in clause (a) of sub-section (1) ] appointed to any service or post in connection with the affairs of such local or other authority or corporation [or society] and pertaining to the service of such person in connection with such affairs.
- Jurisdiction, powers and authority of State Administrative Tribunals-
(1) Save as otherwise expressly provided in this Act, the Administrative Tribunal for a State Shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court in relation to –
(a) recruitment, and matters concerning recruitment, to any civil service of the State or to any civil post under the State;
(b) all service matters concerning a person [not being a person referred to in clause (c ) of this sub-section or a member, person or civilian referred to in clause b) of sub-section (1) of section 14] appointed to any civil service of the State or any civil post under the State and pertaining to the service of such person in connection with the affairs of the State Government or of any corporation [society] owned or controlled by the State Government;
(c) all service matters pertaining to service in connection with the affairs of the State concerning a person appointed to any service or post referred to in clause (b), being a person whose services have been placed by any such local or other authority or corporation [or society] or other body as is controlled or owned by the State Government, at the disposal of the State Government for such appointment.
(2) The State Government may, by notification, apply with effect from such date as may be specified in the notification the provisions of sub-section(3) to local or other authorities and corporation [or societies] controlled or owned by the State Government:
Provided that if the State Government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this Act, different dates may be so specified under this sub-section in respect of different classes of, or different categories under any class of, local or other authorities or corporations [or societies].
(3) Save as otherwise expressly provided in this Act, the Administrative Tribunal for a State shall also exercise, on and from the date with effect from which the provisions of this sub-section apply to any local or other authority or corporations [or society], all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court in relation to-
(a) recruitment, and matters concerning recruitment, to any service or post in connection with the affairs of such local or other authority or corporation [or society]; and
(b) all service matters concerning a person [other than a person referred to in clause (b) of sub-section (1) of this section or a member, person or civilian referred to in clause (b) of sub-section(1) or section 14] appointed to any service or post in connection with the affairs of such local or other authority or corporation [or society] and pertaining to the service of such person in connection with such affairs.
(4) For the removal of doubts, it is hereby declared that the jurisdiction, powers, and authority of the Administrative Tribunal for a State shall not extend to, or be exercisable in relation to, any matter in relation to which the jurisdiction, powers and authority of the Central Administrative Tribunal extends or is exercisable.
16. Jurisdiction, powers and authority of a Joint Administrative Tribunal –
A Joint Administrative Tribunal for two or more States shall exercise all the jurisdiction, powers and authority exercisable by the Administrative Tribunals for such States.
- Power to punish for contempt –
A Tribunal shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself as a High Court has and may exercise and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (70 of 1971) shall have effect subject to the modifications that –
(a) the reference therein to a High Court shall be constructed as including a reference to such Tribunal;
(b) the reference to the Advocate-General in section 15 of the said Act shall be construed, –
(i) in relation to the Central Administrative Tribunal, as a reference to the Attorney-General or the Solicitor-General or the Additional Solicitor-General; and
(ii) in relation to an Administrative Tribunal for a State or a Joint Administrative Tribunal for two or more States, as a reference to the Advocate-General of the State or any of the States for which such Tribunal has been established.
- Distribution of business amongst the Benches –
(1) Where [any Benches of a Tribunal are constituted], the appropriate Government may, from time to time, by notification, make provisions as to the distribution of the business of the Tribunal amongst the Benches and specify the matters which may be dealt with by each Bench.
(2) If any question arises as to whether any matter falls within the purview of the business allocated to a Bench of a Tribunal, the decision of the Chairman thereon shall be final.
Explanation : For the removal or doubts, it is hereby declared that the expression “matters” includes applications under section 19.
- Applications to Tribunals –
(1) Subject to the other provisions of this Act a person aggrieved by any order pertaining to any matter within the jurisdiction of a Tribunal may make an application to the Tribunal for the redressal of his grievance.
Explanation – For the purposes of this sub-section, “order” means an order made –
(a) by the Government or a local or other authority within the territory of India or under the control of the Government of India or by any corporation [or society] owned or controlled by the Government ; or
(b) by an officer, committee or other body or agency of the Government or a local or other authority or corporation [or society] referred to in clause (a).
(2) Every application under sub-section (1) shall be in such form and be accompanied by such documents or other evidence and by such fee (if any, not exceeding one hundred rupees) [in respect of the filing of such application and by such other fees for the service e or execution of processes, as may be prescribed by the Central Government].[(3) On receipt of an application under sub-section (1), the Tribunal shall, if satisfied after such inquiry as it may deem necessary, that the application is a fit case for adjudication or trial by it, admit such application; but the Tribunal is not so satisfied, it may summarily reject the application after recording its reasons.]
(4) Where an application has been admitted by a Tribunal under sub-section (3), every proceeding under the relevant service rules as to redressal of grievances in relation to the subject-matter of such application pending immediately before such admission shall abate and save as otherwise directed by the Tribunal, no appeal or representation in relation to such matter shall thereafter be entertained under such rules.
- Application not to be admitted unless other remedies exhausted –
(1) A Tribunal shall not ordinarily admit an application unless it is satisfied that the applicant had availed of all the remedies available to him under the relevant service rules as to redressal of grievances.
(2) For the purposes of sub-section (1), a person shall be deemed to have availed of all the remedies available to him under the relevant service rules as to redressal of grievances, –
(a) if a final order has been made by the Government or other authority or officer or other person competent to pass such order under such rules, rejecting any appeal preferred or representation made by such person in connection with the grievance; or
(b) where no final order has been made by the Government or other authority or officer or other person competent to pass such order with regard to the appeal preferred or representation made by such person, if a period of six months from the date on which such appeal was preferred or representation was made has expired.
(3) For the purposes of sub-sections (1) and (2), any remedy available to an applicant by way of submission of a memorial to the President or to the Governor of a State or to any other functionary shall not be deemed to be one of the remedies which are available unless the applicant had elected to submit such memorial.
- Limitation –
(1) A Tribunal shall not admit an application, –
(a) in a case where a final order such as is mentioned in clause (a) of sub-section (2) of section 20 has been made in connection with the grievance unless the application is made, within one year from the date on which such final order has been made;
(b) in a case where an appeal or representation such as is mentioned in clause (b) of sub-section (2) of section 20 has been made and a period of six months had expired thereafter without such final order having been made, within one year from the date of expiry of the said period of six months.
(2) Notwithstanding anything contained in sub-section (1), where –
(a) the grievance in respect of which an application is made had arisen by reason of any order made at any time during the period of three years immediately preceding the date on which the jurisdiction, powers and authority of the Tribunal becomes exercisable under this Act in respect of the matter to which such order relates ; and
(b) no proceedings for the redressal of such grievance had been commenced before the said date before any High Court,
the application shall be entertained by the Tribunal if it is made within the period referred to in clause (a), or , as the case may be, clause (b), of sub-section (1) or within a period of six months from the said date, whichever period expires later.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), an application may be admitted after the period of one year specified in clause (a) or clause (b) of sub-section (1) or, as the case may be, the period of six months specified in sub-section(2), if the applicant satisfies the Tribunal that he had sufficient cause for not making the application within such period.
- Procedure and powers of Tribunals –
(1) A Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made by the Central Government, the Tribunal shall have power to regulate its own procedure including the fixing of places and times of its inquiry and deciding whether to sit in public or in private.
(2) A Tribunal shall decide every application made to it as expeditiously as possible and ordinarily every application shall be decided on a perusal of documents and written representations and [after hearing such oral arguments as may be advanced].
(3) A Tribunal shall have, for the purposes of [discharging its functions under this Act], the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely :-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence of affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872) requisitioning and public record or document or copy of such record or document from any office;
(e) issuing commissions for the examination of witnesses or documents;
(f) reviewing its decisions;
(g) dismissing a representation for default or deciding it ex- parte;
(h) setting aside any order of dismissal of any representation fro default or any order passed by it ex-parte ; and
(i) any other matter which may be prescribed by the Central Government.
- Right of applicant to take assistance of legal practitioner and of Government, etc., to appoint presenting officers –
(1) A person making an application to a Tribunal under this Act may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the Tribunal.
(2) The Central Government or a State Government or a local or other authority or corporation [or society], to which the provisions of sub-section (3) of section 14 or sub-section (3) of section 15 apply, [may authorize one or more legal practitioners or any of its officers to act as presenting officers and every person so authorized by it may present its case with respect to any application before a Tribunal].
- Conditions as to making of interim orders –
Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, no interim order (whether by way of injunction or stay in any other manner) shall be made on, or in any proceedings relating to, an application unless –
(a) copies of such application and of all documents in support of the plea for such interim order are furnished to the party against whom such application is made or proposed to be made; and
(b) opportunity is given to such party to be heard in the matter.
Provided that a Tribunal may dispense with the requirements of clauses (a) and (b) make an interim order as on exceptional measure if it is satisfied, for reasons to be recorded in writing, that it is necessary so to do for preventing any loss being caused to the applicant which cannot be adequately compensated in money but any such interim order shall, if it is not sooner vacated, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless the said requirements have been complied with before the expiry of that period and the Tribunal has continued the operation of the interim order.
- Power of Chairman to transfer cases from one Bench to another –
On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairman may transfer any case pending before one Bench, for disposal, to any other Bench.
26. Decision to be by majority –
If the Members of a Bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, if there is a majority, but if the Members are equally divided, they shall state the point or points on which they differ, and make a reference to the Chairman who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members of the Tribunal and such point or points shall be decided according to the opinion of the majority of the Members of the Tribunal who have heard the case, including those who first heard it.]
- Execution of orders of a Tribunal –
Subject to the other provisions of this Act and the rules, [the order of a Tribunal finally disposing of an application or an appeal shall be final and shall not be called in question in any court (including a High Court) and such order] shall be executed in the same manner in which any final order of the nature referred to in clause (a) of sub-section (2) or section 20 (whether or not such final order had actually been made) in respect of the grievance to which the application relates would have been executed.
- Exclusion of jurisdiction of courts except the Supreme Court –
On and from the date from which any jurisdiction, powers and authority becomes exercisable under this Act by a Tribunal in relation to recruitment and matters concerning recruitment to any Service or post or service matters concerning members of any Service or persons appointed to any Service or post, [ no court except –
(a) the Supreme Court ;
(b) any industrial Tribunal, Labour Court or other authority constituted under the Industrial Disputes Act, 1947 (14 of 1947) or any other corresponding law for the time being in force,
shall have], or be entitled to exercise any jurisdiction, powers or authority in relation to such recruitment or matters concerning such recruitment or such service matters.
- Transfer of pending cases –
- Every suit or other proceeding pending before any court or other authority immediately before the date of establishment of a Tribunal under this Act, being a suit or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after such establishment, within the jurisdiction of such Tribunal, shall stand transferred on that date to such Tribunal :
Provided that nothing in this sub-section shall apply to any appeal pending as aforesaid before a High Court.
- Every suit or other proceeding pending before a court or other authority immediately before the date with effect from which jurisdiction is conferred on a Tribunal in relation to any local or other authority or corporation [or society], being a suit or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after the said date, within the jurisdiction of such Tribunal, shall stand transferred on that date to such Tribunal:
Provided that nothing in this sub-section shall apply to any appeal pending as aforesaid before a High Court.
Explanation : For the purposes of this sub-section “date with effect from which jurisdiction is conferred on a Tribunal”, in relation to any local or other authority or corporation [or society], means the date with effect from which the provisions of sub-section (3) of section 14 or, as the case may be, sub-section (3) of section 15 are applied to such local or other authority or corporation [or society].
- Where immediately before the date of establishment of a Joint Administrative Tribunal any one or more of the States for which it is established, has or have a State Tribunal or State Tribunals, all cases pending before such State Tribunal or State Tribunals immediately before the said date together with the records thereof shall stand transferred on that date to such Joint Administrative Tribunal.
Explanation : For the purposes of this sub-section, “State Tribunal” means a Tribunal established under sub-section (2) of section 4.
- Where any suit, appeal or other proceeding stands transferred from any court or other authority to a Tribunal under sub-section (1) or sub-section (2), –
(a) the court or other authority shall, as soon as may be after such transfer, forward the records of such suit, appeal or other proceeding to the Tribunal; and
(b) the Tribunal may, on receipt of such records, proceed to deal with such suit, appeal or other proceeding, so far as may be, in the same manner as in the case of an application under section 19 from the stage which was reached before such transfer or from any earlier stage or de novo as the Tribunal may deem fit.
- Where any case stand transferred to a Joint Administrative Tribunal under sub-section(3), the Joint Administrative Tribunal may proceed to deal with such case from the stage which was reached before it stood so transferred.
- Every case pending before a Tribunal immediately before the commencement of the Administrative Tribunals (Amendment) Act, 1987, being a case the cause of action whereon it is based is such that it would have been, if it had arisen after such commencement, within the jurisdiction of any court, shall, together with the records thereof, stand transferred on such commencement to such court.
- Where any case stands transferred to a court under sub-section (6), that court may proceed to deal with such case from the stage which was reached before it stood so transferred.
- Provisions for filing of certain appeals –
Where any decree or order has been made or passed by any court (other than a High Court) in any suit or proceeding before the establishment of a Tribunal, being a suit or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after such establishment, within the jurisdiction of such Tribunal, and no appeal has been preferred against such decree or order before such establishment and the time for preferring such appeal under any law for the time being in force had not expired before such establishment, such appeal shall lie –
(a) to the Central Administrative Tribunal, within ninety days from the date on which the Administrative Tribunals (Amendment) Bill, 1986 receives the assent of the President , or within ninety days from the date of receipt of the copy of such decree or order, whichever is later, or
(b) to any other Tribunal, within ninety days from its establishment or within ninety days, from the date of receipt of the copy of such decree or order, whichever is later.
- Proceedings before a Tribunal to be judicial proceedings –
All proceedings before a Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860)
- Members and staff of Tribunal to be public servants –
The Chairman and other Members and the officers and other employees provided under section 13 to a Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
- Protection of action taken in good faith –
No suit, prosecution or other legal proceeding shall lie against the Central or State Government or against the Chairman or other member of any Central or Joint or State Administrative Tribunal, or any other person authorized by such Chairman or other Member for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
- Act to have overriding effect –
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
- Power to remove difficulties –
- If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty.
- Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
- Power of the Central Government to make rules –
- The Central Government may, subject to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
- Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely –
(a) the case or cases which shall be decided by a Bench composed of more than [two Members] under clause (d) of sub-section 5;
(b) the procedure under sub-section (3) of section 9 for the investigation misbehaviour or incapacity or Chairmanor other Member;
(c) the salaries and allowances payable to, and the other terms and conditions of, the Chairman and other Members;
(d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied [and the fees payable in respect of the filing of such application or for the service or execution of processes].
(e) The rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section ; and
(f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
- Power of the appropriate Government to make rules –
The appropriate Government may, by notification, make rules to provide for all or any of the following matters, namely –
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over Benches of the Tribunal under section 12;
(b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and
(c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
36A. Power to make rules retrospectively –
The power to make rules under clause (c ) of sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any of them retrospectively from a date not earlier than the date on which this Act received the assent of the President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.
- Laying of rules –1. Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both House agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect , as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
- Every rule made by a State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.
The Inter-State Commission, or Interstate Commission, is a defunct constitutional body under Australian law. The envisaged chief functions of the Inter-State Commission were to administer and adjudicate matters relating to interstate trade. The Commission was established in 1912, abolished in 1950; re-established in 1983, and absorbed into the Industry Commission in 1989.
- 1 Legal Basis
- 2 History of the Inter-State Commission
- 2.1 First Establishment
- 2.2 Loss of Judicial Power
- 2.3 First abolition
- 2.4 Second establishment
- 2.5 Second abolition
- 3 Relevance today
Section 101 of the Constitution of Australia provides that “[t]here shall be an Inter-State Commission”, which would have such powers “as Parliament deems necessary” to administer and adjudicate all matters relating to the Constitutional provisions on interstate trade, and laws made under these provisions.
Section 103 provides that members of the Commission are to be appointed by the Governor-General in Council, for seven years, and whose remuneration must not be diminished during the seven-year tenure.
Section 73 provides that appeals on questions of law can be made on decisions of the Inter-State Commission in the High Court
History of the Inter-State Commission
The Inter-State Commission was established in 1912, by the Labor Government under Andrew Fisher. In 1913, Attorney-General Billy Hughes had appointed A.B. Piddington to the High Court, one of the first Labor appointees. However, Piddington resigned without taking up the position, partly due to criticism that his declared centralist views regarding the balance of power between the Commonwealth and the states may have been a condition for his appointment. Later that year the newly elected Cook government invited Piddington to become Chief Commissioner of the Inter-State Commission, joining George Swinburne and (Sir) Nicholas Lockyer.
Loss of Judicial Power
The government at the time believed that the Inter-State Commission had powers to “administer and adjudicate” as to “the execution and maintenance … of the provisions of the Constitution relating to trade and commerce”. Most crucially, it was believed that this would include jurisdiction over Section 92, which provides for freedom of interstate trade.
This dream was shattered soon after, in 1915, with the Wheat Case. This case involved the interpretation of Section 92 of the Constitution. As that provision dealt with interstate trade, it was first heard by the Inter-State Commission. However, on appeal to the High Court, it was held that the vesting of judicial power in the Inter-State Commission was invalid.
This was because the Constitution implicitly created separation of powers. Thus, judicial power can only be vested in the judiciary. Furthermore, Chapter Three of the Constitution provided that a court must have the following features: 1) being vested with judicial power; 2) not being vested with power other than judicial power; 3) having security of tenure, meaning that members are appointed for life (this has since been changed to mandatory retirement at age 70). The Inter-State Commission as it then existed violated all three criteria. Hence, as it was not a part of the judiciary (not a “Chapter Three Court”), it could not be vested with judicial power.
This ruling created continuing controversy, because although the Constitution clearly provides for an Inter-State Commission to “administer and adjudicate”, the provision appears to be irreconcilable with the concept of separation of powers. As a result, the part of Section 73 providing for appeals on questions of law from the Inter-State Commission to the High Court has been ‘dead letter law’ for most of the Court’s history.
Having lost its judicial power in 1915, the Inter-State Commission’s power was restricted to administrative and executive matters. However, as this was a function already served by relevant government departments, the Commission, without any real purpose, lapsed in 1920 when the terms of the initial Commissioners expired and new appointments were not made.
The Commission was reconstituted by the Whitlam Government in 1975 with the envisaged role to enquire into transport issues that arose due to the federal structure of Australian government. Issues on the agenda included Victorian shipping to the Riverina; Bass Strait ferries; and disruptions to Fremantle shipping to the Eastern States in 1975. In this second incarnation, the Commission did not have any judicial power, but did have powers of arbitration and adjudication, and of investigation and reporting.
The Commission did not become active due to the dismissal of the Whitlam Government. In 1984, following the re-election of Labor Party under Bob Hawke, the Commission received its appointments and was charged with investigating all matters relating to interstate transport.
In 1989, the Commission was abolished with its functions transferred to a new Industry Commission, a statutory body directly responsible to the Commonwealth Government.
Despite the Commission’s apparent importance in the scheme of government envisaged by the framers of the Australian Constitution, it is largely unknown to most Australians today The Inter-State Commission is mentioned often in two contexts: as a lesson from the past, and as a suggestion for change.
It has been said that the Commission sits oddly outside of the three branches of government. It was intended as an institution of federal-state co-operation, but was to be controlled exclusively by the Commonwealth Government. As a result, it has not played any significant role, and certainly has not fulfilled the expectations of the framers of the Constitution.This is often cited as a lesson as to the importance of federal-state cooperation, and of preserving the balance of power between state and federal governments.
A few arguments have also been made using the story of the Inter-State Commission, to support certain causes. These include advocates for the abolition of State governments, or some other type of radical change to the Australian system of government. It is also sometimes cited as an example of the inadequacy of the present Australian Constitution, and the importance of either a republic or a bill of rights.
Official Languages Commission (India)is a commission which was constituted by the President of India in pursuance to the provisions stated in the Article-344 of the Indian Constitution. This commission was constituted on June 7, 1955 vide a notification of the Ministry of Home Affairs, Government of India.
- 1 Duties of the Commission
- 2 Chairman & Members of the joint parliamentary committee, to examine the report of Official language Commission
Duties of the Commission
As defined in the Article-344 of the Constitution, it shall be the duty of the Commission to make recommendations to the President as to:
- the progressive use of the Hindi language for the official purposes of the Union;
- restrictions on the use of the English language for all or any of the official purposes of the Union;
- the language to be used for all or any of the purposes mentioned in Article 348;
- the form of numerals to be used for any one or more specified purposes of the Union;
- any other matter referred to the Commission by the President as regards the official language of the Union and the language for communication between the Union and a State or between one State and another and their use.
Chairman & Members of the joint parliamentary committee, to examine the report of Official language Commission
As defined in the articles of the Constitution of India, the committee shall consist of thirty members, of whom twenty shall be members of the House of the People and ten shall be members of the Council of States to be elected respectively by the members of the House of the People and the members of the Council of States in accordance with the system of proportional representation by means of the single transferable vote.
LANGUAGE ISSUES IN INDIA
The Language issues in India are the result of multi-lingual polity. Language problem is a very hot political question in India. India is divided into distinct linguistic regions. Naturally the person of every large linguistic region wants their language to be the national language or the lingua franca of India.
During the British rule, English was used as the official language of India. English also was issued as die medium of instruction particularly for higher education. English also became the language of inter-state communication in India.
There were objections against the continued use of English. Even after the continuous use as official language for nearly two hundred years, English did not take firm roots in India. It remained restricted to small circle of elites. Not more than 1% of Indians knew English at the time of independence, Besides, English being a foreign language, continued use of English affronted the sense of national dignity of independent India. Thus, objections to the continued use of English in independent India were almost universal. But there was no unanimity or consensus as to what Indian language should replace English as official language, medium of instruction and as medium of inter-state communication in India.
During the freedom movement, there was a consensus among, national leaders that English should be replaced by an Indian Language as the national language of the country. But there could not any unanimity as to what language should be national language.
The Constituent Assembly, after a protracted debate resolved that Hindi in Devanagri script should be the official language of India. It should be noted that the Constituent Assembly was exactly equally divided into supporters and opponents of Hindi. Indeed it was only with the casting vote of the President of the Constituent Assembly, Dr. Rajendra Prasad, that Hindi was adopted as the official language of the country.
But it is one thing to declare Hindi as the official language of the Union. It is a totally different proposition to make Hindi acceptable to the Indian people at large. Undoubtedly Hindi is spoken by the single largest group of Indians. But Hindi is certainly not the language of the majority Indians nor can it claim to be the richest among the Indian languages. There was wide spread resistance to the adoption of Hindi as the official language. The resistance was particularly sharp in the southern region. The South looked upon imposition of Hindi, as the imperialism of the North. The constitutional provision that English shall continue side by side with Hindi, somewhat pacified the south.
Hindi is the spoken language for North Indian people. But, most people residing in South Indian states do not speak or understand Hindi. This gives rise to communication problem. A South-Indian and a North-Indian person finds it very hard to talk and communicate with each other because they don’t understand each other’s language of communication. Educated people who can speak and understand English breaks the barrier of language problem and able to talk freely with each other. English language has been helpful in bridging the gap between the Hindi and non-Hindi speaking people.
The constitution originally recognized 13 other languages besides Hindi as the national languages of India. Since the adoption of the constitution several other languages have come to be used as official languages in the states. Thus Nepali and Santhali are used in West Bengal besides Bengali. In Bihar Urdu is also used besides Hindi.
But as medium of instruction and as medium of inter-state communication between non-Hindi speaking states or between non- Hindi-speaking states and the centre, English still continues to be the predominant language. Even in courts particularly the higher courts such as the High Courts and the Supreme Court, English and not Hindi is used.
Considering these circumstances, one may conclude that there is no possibility of English being abolished as official language, as medium of instruction for higher education as medium of inter-state communication and as language of the courts, is deem indeed.
(2) Statutory Bodies
Statutory bodies are established by acts which Parliament and State Legislatures can pass. These bodies are entities shaped by an Act of Parliament or state legislatures and set up by the government to consider the data and make judgments in some arena of activity. Basically, a statutory body is an organisation of government which is not demarcated in Constitution of India but it gets its powers, service rules, authority by an act of parliament or state legislatures. They are generally established to perform specific functions which a government considers effectively performed outside a traditional departmental executive structure. They fulfil the requirement for some operational independence from the government; funding arrangements that are not dependent on the annual appropriations processes; or to establish a separate legal body. Statutory bodies are normally set up in countries which are ruled under parliamentary democracy form of political setup. Under law, statutory bodies are organisations with the authority to monitor that the activities of a business and check whether these institutions are legal and follow official rules. For example, the General Medical Council is the statutory body which regulates doctors.
The statutory bodies may be established to permit a certain level of independence from government, the government is still accountable to guarantee that taxpayers funds expended in the operations of statutory bodies are spent in the most, effective and economic way. These bodies are subject to varying degrees of ministerial control which are identified in the statutory body’s enabling legislation. Ministers are accountable to Parliament for the operation of all government boards and agencies within their portfolios, and are necessary to table their annual reports in Parliament. A state representatives have authority for many reasons such as transparency, accountability, effectiveness, and bipartisanship.
The meaning of a ‘statutory body’ may change depending upon the legislation. For example, a local council is not a statutory body for the purposes of the Financial Accountability Act, but it is for the purposes of the Statutory Bodies Financial Arrangements Act. All statutory bodies are established and operate under the provisions of their own enabling legislation, which sets out the purpose and specific powers of the agency. The enabling legislation may also include provisions for the levels of fees to be charged for services / products provided by the statutory body, the power of the statutory body to borrow or invest funds, whether the board can delegate powers to officers of the statutory body and whether the body represents the State .
The example of statuary body is The University Grants Commission, a statutory organization established by an Act of Parliament in 1956 for the coordination, determination and maintenance of standards of university education. Apart from providing grants to eligible universities and colleges, the Commission also recommends the Central and State Governments on the measures which are necessary for the development of Higher Education. It functions from New Delhi as well as its six Regional offices located in Bangalore, Bhopal, Guwahati, Hyderabad, Kolkata and Pune.
Important Statutory Bodies:
Reserve Bank of India
|Headquarters||Shahid Bhagat Singh Marg Mumbai, Maharashtra|
|Established||1 April 1935; 80 years ago|
|Currency||Indian Rupee (₹)|
|Interest on reserves||4.00%(market determined)|
The Reserve Bank of India (RBI, Hindi:भारतीय रिज़र्व बैंक) is India’s central banking institution, which controls the monetary policy of the Indian rupee. It commenced its operations on 1 April 1935 during the British Rule in accordance with the provisions of the Reserve Bank of India Act, 1934 The original share capital was divided into shares of 100 each fully paid, which were initially owned entirely by private shareholders. Following India’s independence on 15 August 1947, the RBI was nationalised on 1 January 1949.
The RBI plays an important part in the Development Strategy of the Government of India. It is a member bank of the Asian Clearing Union. The general superintendence and direction of the RBI is entrusted with the 21-member Central Board of Directors: the Governor, 4 Deputy Governors, 2 Finance Ministry representatives, 10 government-nominated directors to represent important elements from India’s economy, and 4 directors to represent local boards headquartered at Mumbai, Kolkata, Chennai and New Delhi. Each of these local boards consists of 5 members who represent regional interests, and the interests of co-operative and indigenous banks.
The bank is also active in promoting financial inclusion policy and is a leading member of the Alliance for Financial Inclusion (AFI).
- 1 History
- 1.1 1935–1950
- 1.2 1950–1960
- 1.3 1960–1969
- 1.4 1969–1985
- 1.5 1985–1991
- 1.6 1991–2000
- 1.7 Since 2000
- 2 Structure of RBI
- 3 Branches and support bodies
- 4 Main functions
- 4.1 Financial Supervision
- 4.2 Regulator and supervisor of the financial system
- 4.3 Managerial of exchange control
- 4.4 Issue of currency
- 4.5 Banker’s bank
- 5 Detection of fake currency
- 5.1 Developmental role
- 5.2 Related functions
- 6 Policy rates and reserve ratios
- 6.1 Bank rate
- 6.2 Reserve requirement cash reserve ratio (CRR)
- 6.3 Statutory liquidity ratio (SLR)
- 7 Publications
The Reserve Bank of India was founded on 1 April 1935 to respond to economic troubles after the First World War. The Reserve Bank of India was conceptualized based on the guidelines presented by Dr. Ambedkar to the “Royal Commission on Indian Currency & Finance” in 1925; Commission members found Dr B. R. Ambedkar’s book “The Problem of the Rupee- Its origin and Its Solution” an invaluable reference tool and the Central Legislative Assembly eventually passed these guidelines as the RBI Act 1934. The bank was set up based on the recommendations of the 1926 Royal Commission on Indian Currency and Finance, also known as the Hilton–Young Commission. The original choice for the seal of RBI was The East India Company Double Mohur, with the sketch of the Lion and Palm Tree. However it was decided to replace the lion with the tiger, the national animal of India. The Preamble of the RBI describes its basic functions to regulate the issue of bank notes, keep reserves to secure monetary stability in India, and generally to operate the currency and credit system in the best interests of the country. The Central Office of the RBI was established in Calcutta (now Kolkata), but was moved to Bombay (now Mumbai) in 1937. The RBI also acted as Burma’s central bank, except during the years of the Japanese occupation of Burma (1942–45), until April 1947, even though Burma seceded from the Indian Union in 1937. After the Partition of India in 1947, the bank served as the central bank for Pakistan until June 1948 when the State Bank of Pakistan commenced operations. Though set up as a shareholders’ bank, the RBI has been fully owned by the Government of India since its nationalization in 1949.
In the 1950s, the Indian government, under its first Prime Minister Jawaharlal Nehru, developed a centrally planned economic policy that focused on the agricultural sector. The administration nationalized commercial banks and established, based on the Banking Companies Act of 1949 (later called the Banking Regulation Act), a central bank regulation as part of the RBI. Furthermore, the central bank was ordered to support the economic plan with loans.
As a result of bank crashes, the RBI was requested to establish and monitor a deposit insurance system. It should restore the trust in the national bank system and was initialized on 7 December 1961. The Indian government found funds to promote the economy and used the slogan “Developing Banking”. The government of India restructured the national bank market and nationalized a lot of institutes. As a result, the RBI had to play the central part of control and support of this public banking sector.
In 1969, the Indira Gandhi-headed government nationalized 14 major commercial banks. Upon Gandhi’s return to power in 1980, a further six banks were nationalized. The regulation of the economy and especially the financial sector was reinforced by the Government of India in the 1970s and 1980s. The central bank became the central player and increased its policies for a lot of tasks like interests, reserve ratio and visible deposits. These measures aimed at better economic development and had a huge effect on the company policy of the institutes. The banks lent money in selected sectors, like agri-business and small trade companies.
The branch was forced to establish two new offices in the country for every newly established office in a town. The oil crises in 1973 resulted in increasing inflation, and the RBI restricted monetary policy to reduce the effects.
A lot of committees analysed the Indian economy between 1985 and 1991. Their results had an effect on the RBI. The Board for Industrial and Financial Reconstruction, the Indira Gandhi Institute of Development Research and the Security & Exchange Board of India investigated the national economy as a whole, and the security and exchange board proposed better methods for more effective markets and the protection of investor interests. The Indian financial market was a leading example for so-called “financial repression” (Mackinnon and Shaw). The Discount and Finance House of India began its operations on the monetary market in April 1988; the National Housing Bank, founded in July 1988, was forced to invest in the property market and a new financial law improved the versatility of direct deposit by more security measures and liberalisation.
The national economy came down in July 1991 and the Indian rupee was devalued. The currency lost 18% relative to the US dollar, and the Narsimham Committee advised restructuring the financial sector by a temporal reduced reserve ratio as well as the statutory liquidity ratio. New guidelines were published in 1993 to establish a private banking sector. This turning point should reinforce the market and was often called neo-liberal. The central bank deregulated bank interests and some sectors of the financial market like the trust and property markets. This first phase was a success and the central government forced a diversity liberalisation to diversify owner structures in 1998. The National Stock Exchange of India took the trade on in June 1994 and the RBI allowed nationalized banks in July to interact with the capital market to reinforce their capital base. The central bank founded a subsidiary company—the Bharatiya Reserve Bank Note Mudran Private Limited—on 3 February 1995 to produce banknotes.
The Foreign Exchange Management Act from 1999 came into force in June 2000. It should improve the item in 2004–2005 (National Electronic Fund Transfer). The Security Printing & Minting Corporation of India Ltd., a merger of nine institutions, was founded in 2006 and produces banknotes and coins. The national economy’s growth rate came down to 5.8% in the last quarter of 2008–2009 and the central bank promotes the economic development.
Structure of RBI
RBI runs a monetary museum in Mumbai
The Central Board of Directors is the main committee of the Central Bank. The Government of India appoints the directors for a 4-year term. The Board consists of a Governor, and not more than 4 Deputy Governors, 4 Directors to represent the regional boards, 2 from the Ministry of Finance and 10 other directors from various fields. RBI wants to create a post of Chief Operating Officer (COO) and re-allocate work between the five of them(4 Deputy Governor and COO).
The bank is headed by the Governor and the post is currently held by economist Raghuram Rajan. There are 4 Deputy Governors H R Khan, Dr Urjit Patel, R Gandhi and S S Mundra. Two of the four Deputy Governors are traditionally from RBI ranks, and are selected from the Bank’s Executive Directors. One is nominated from among the Chairpersons of public sector banks and the other is an economist. An Indian Administrative Service officer can also be appointed as Deputy Governor of RBI and later as the Governor of RBI as with the case of Y. Venugopal Reddy. Other persons forming part of the central board of directors of the RBI are Dr. Nachiket Mor, Y C Deveshwar, Prof Damodar Acharya, Ajay Tyagi and Anjuly Duggal.
Branches and support bodies
RBI Headquarters in Mumbai
The Reserve Bank of India has four zonal offices at Chennai, Delhi, Kolkata and Mumbai. It has 19 regional offices and 10 sub-offices. Regional offices are located in Ahmedabad, Bangalore, Bhopal, Bhubaneswar, Chandigarh, Chennai, Delhi, Guwahati, Hyderabad, Jaipur, Jammu, Kanpur, Kochi, Kolkata, Lucknow, Mumbai, Nagpur, Patna and Thiruvananthapuram. It also has 9 sub-offices located in Agartala, Dehradun, Gangtok, Panaji, Raipur, Ranchi, Shillong, Shimla and Srinagar. Recently the RBI has opened two more sub-offices at Aizawal and Imphal.
The Reserve Bank of India has four regional representations: North in New Delhi, South in Chennai, East in Kolkata and West in Mumbai. The representations are formed by five members, appointed for four years by the central government and serve—beside the advice of the Central Board of Directors—as a forum for regional banks and to deal with delegated tasks from the central board.
The bank has also two training colleges for its officers, viz. Reserve Bank Staff College, Chennai and College of Agricultural Banking, Pune. There are three autonomous institutions run by RBI namely National Institute of Bank Management (NIBM), Indira Gandhi Institute for Development Research (IGIDR), Institute for Development and Research in Banking Technology (IDRBT). There are also four Zonal Training Centres at Mumbai, Chennai, Kolkata and New Delhi.
The Board of Financial Supervision (BFS), formed in November 1994, serves as a CCBD committee to control the financial institutions. It has four members, appointed for two years, and takes measures to strength the role of statutory auditors in the financial sector, external monitoring and internal controlling systems. The Tarapore committee was set up by the Reserve Bank of India under the chairmanship of former RBI deputy governor S.S.Tarapore to “lay the road map” to capital account convertibility. The five-member committee recommended a three-year time frame for complete convertibility by 1999–2000. On 1 July 2007, in an attempt to enhance the quality of customer service and strengthen the grievance redressal mechanism, the Reserve Bank of India created a new customer service department.
The Reserve in November 1994 as a committee of the Central Board of Directors of the Reserve Bank of India. Primary objective of BFS is to undertake consolidated supervision of the financial sector comprising commercial banks, financial institutions and non-banking finance companies.
The Board is constituted by co-opting four Directors from the Central Board as members for a term of two years and is chaired by the Governor. The Deputy Governors of the Reserve Bank are ex-officio members. One Deputy Governor, usually, the Deputy Governor in charge of banking regulation and supervision, is nominated as the Vice-Chairman of the Board. The Board is required to meet normally once every month. It considers inspection reports and other supervisory issues placed before it by the supervisory departments.
BFS through the Audit Sub-Committee also aims at upgrading the quality of the statutory audit and internal audit functions in banks and financial institutions. The audit sub-committee includes Deputy Governor as the chairman and two Directors of the Central Board as members. The BFS oversees the functioning of Department of Banking Supervision (DBS), Department of Non-Banking Supervision (DNBS) and Financial Institutions Division (FID) and gives directions on the regulatory and supervisory issues..
Regulator and supervisor of the financial system
The institution is also the regulator and supervisor of the financial system and prescribes broad parameters of banking operations within which the country’s banking and financial system functions. Its objectives are to maintain public confidence in the system, protect depositors’ interest and provide cost-effective banking services to the public. The Banking Ombudsman Scheme has been formulated by the Reserve Bank of India (RBI) for effective addressing of complaints by bank customers. The RBI controls the monetary supply, monitors economic indicators like the gross domestic product and has to decide the design of the rupee banknotes as well as coins.
Managerial of exchange control
The central bank manages to reach different goals of the Foreign Exchange Management Act, 1999. Objective: to facilitate external trade and payment and promote orderly development and maintenance of foreign exchange market in India
Issue of currency
The bank issues and exchanges currency notes and coins and destroys the same when they are not fit for circulation. The objectives are to issue bank notes and giving public adequate supply of the same, to maintain the currency and credit system of the country to utilize it in its best advantage, and to maintain the reserves. RBI maintains the economic structure of the country so that it can achieve the objective of price stability as well as economic development, because both objectives are diverse in themselves. For printing of notes, the Security Printing and Minting Corporation of India Limited (SPMCIL), a wholly owned company of the Government of India, has set up printing presses at Nashik, Maharashtra and Dewas, Madhya Pradesh. The Bharatiya Reserve Bank Note Mudran Private Limited (BRBNMPL), a wholly owned subsidiary of the Reserve Bank, also has set up printing presses at Mysuru in Karnataka and Salboni in West Bengal. In all, there are four printing presses. And for minting of notes, SPMCIL has four mints at Mumbai, Noida (UP), Kolkata and Hyderabad for coin production.
RBI also works as a central bank where commercial banks are account holders and can deposit money.RBI maintains banking accounts of all scheduled banks. Commercial banks create credit. It is the duty of the RBI to control the credit through the CRR, bank rate and open market operations. As banker’s bank, the RBI facilitates the clearing of cheques between the commercial banks and helps inter-bank transfer of funds. It can grant financial accommodation to schedule banks. It acts as the lender of the last resort by providing emergency advances to the banks. It supervises the functioning of the commercial banks and take action against it if need arises.
Detection of fake currency
In order to curb the fake currency menace, RBI has launched a website to raise awareness among masses about fake notes in the market.www.paisaboltahai.rbi.org.in provides information about identifying fake currency.
On 22 January 2014; RBI gave a press release stating that after 31 March 2014, it will completely withdraw from circulation all banknotes issued prior to 2005. From 1 April 2014, the public will be required to approach banks for exchanging these notes. Banks will provide exchange facility for these notes until further communication. The Reserve Bank has also clarified that the notes issued before 2005 will continue to be legal tender. This would mean that banks are required to exchange the notes for their customers as well as for non-customers. From 1 July 2014, however, to exchange more than 10 pieces of `500 and `1000 notes, non-customers will have to furnish proof of identity and residence to the bank branch in which she/he wants to exchange the notes.
This move from the Reserve Bank is expected to unearth black money held in cash. As the new currency notes have added security features, they would help in curbing the menace of fake currency.
The central bank has to perform a wide range of promotional functions to support national objectives and industries. The RBI faces a lot of inter-sectoral and local inflation-related problems. Some of these problems are results of the dominant part of the public sector.
The RBI is also a banker to the government and performs merchant banking function for the central and the state governments. It also acts as their banker. The National Housing Bank (NHB) was established in 1988 to promote private real estate acquisition. The institution maintains banking accounts of all scheduled banks, too. RBI on 7 August 2012 said that Indian banking system is resilient enough to face the stress caused by the drought like situation because of poor monsoon this year.
Policy rates and reserve ratios
|Policy Rates, Reserve Ratios, Lending and Deposit Rates as of 29 September 2015|
|Reverse Repo Rate||5.75%|
|Cash Reserve Ratio (CRR)||4%|
|Statutory Liquidity Ratio (SLR)||21.50%|
|Savings Deposit Rate||4%|
|Term Deposit Rate||7.25%–8.00%|
RBI lends to the commercial banks through its discount window to help the banks meet depositors’ demands and reserve requirements for long term. The interest rate the RBI charges the banks for this purpose is called bank rate or repo rate. If the RBI wants to increase the liquidity and money supply in the market, it will decrease the bank rate and if RBI wants to reduce the liquidity and money supply in the system, it will increase the bank rate. The bank rate has lost its significance as a monetary policy tool as the central bank signals stance through changes in repo, the rate at which banks borrow short-term funds from RBI. The bank rate, which is the standard rate at which the RBI buys or re-discount bills of exchange or other commercial paper, is presently used in the country.
Reserve requirement cash reserve ratio (CRR)
Every commercial bank has to keep certain minimum cash reserves with Reserve Bank of India. Consequent upon amendment to sub-Section 42(1), the Reserve Bank, having regard to the needs of securing the monetary stability in the country, RBI can prescribe Cash Reserve Ratio (CRR) for scheduled banks without any floor rate or ceiling rate. Before the enactment of this amendment, in terms of Section 42(1) of the RBI Act, the Reserve Bank could prescribe CRR for scheduled banks between 3% and 15% of total of their demand and time liabilities. RBI uses this tool to increase or decrease the reserve requirement depending on whether it wants to effect a decrease or an increase in the money supply. An increase in Cash Reserve Ratio (CRR) will make it mandatory on the part of the banks to hold a large proportion of their deposits in the form of deposits with the RBI. This will reduce the size of their deposits and they will lend less. This will in turn decrease the money supply.
Statutory liquidity ratio (SLR)
Apart from the CRR, banks are required to maintain liquid assets in the form of gold, cash and approved securities. Higher liquidity ratio forces commercial banks to maintain a larger proportion of their resources in liquid form and thus reduces their capacity to grant loans and advances, thus it is an anti-inflationary impact. A higher liquidity ratio diverts the bank funds from loans and advances to investment in government and approved securities. In well-developed economies, central banks use open market operations—buying and selling of eligible securities by central bank in the money market—to influence the volume of cash reserves with commercial banks and thus influence the volume of loans and advances they can make to the commercial and industrial sectors. In the open money market, government securities are traded at market-related rates of interest. The RBI is resorting more to open market operations in the more recent years. Generally RBI uses
- Minimum margins for lending against specific securities.
- Ceiling on the amounts of credit for certain purposes.
- Discriminatory rate of interest charged on certain types of advances.
Direct credit controls in India are of three types:
- Part of the interest rate structure, i.e., on small savings and provident funds, are administratively set.
- Banks are mandatory required to keep 21.50% of their deposits in the form of government securities.
- Banks are required to lend to the priority sectors to the extent of 40% of their advances.
A report titled “Trend and Progress of Banking In India” is published annually, as required by the Banking Regulation Act of 1949. The report sums up trends and developments throughout the financial sector. Starting in April 2014, the Reserve Bank of India is sending out bi-monthly policy updates.
National Bank for Agriculture and Rural Development
|Headquarters||Mumbai, Maharashtra, India|
|Chairman||Dr. Harsh Kumar Bhanwala|
National Bank for Agriculture and Rural Development (NABARD) is an apex development bank in India, having headquarters in Mumbai (Maharashtra) and other branches are all over the country. The committee to review arrangements for institutional credit for agriculture and rural development (CRAFICARD), set up by the Reserve Bank of India (RBI) under the chairmanship of Shri B. Sivaraman, conceived and recommended the establishment of National Bank for Agriculture and Rural Development (NABARD). It was established on 12 July 1982 by a special Act of parliament and its main focus was on upliftment of rural India by increasing the credit flow for elevation of agriculture & rural non farm sector and completed its 34 years on 1 Jan 2016. It has been entrusted with “matters concerning policy, planning and operations in the field of credit for agriculture and other economic activities in rural areas in India”. RBI sold its stake in NABARD to the Government of India, which now holds 99% stake. NABARD is active in developing financial inclusion policy and is a member of the Alliance for Financial Inclusion.
- 1 History
- 2 Role
- 3 Rural innovation
- 4 Microfinance and NABARD
- 5 NABARD a 100 % CSR company
NABARD was established on the recommendations of Shivaraman Committee, (by Act 61, 1981 of Parliament) on 12 July 1982 to implement the National Bank for Agriculture and Rural Development Act 1981. It replaced the Agricultural Credit Department (ACD) and Rural Planning and Credit Cell (RPCC) of Reserve Bank of India, and Agricultural Refinance and Development Corporation (ARDC). It is one of the premier agencies providing developmental credit in rural areas. NABARD is India’s specialised bank for Agriculture and Rural Development in India.
The initial corpus of NABARD was Rs.100 crores. Consequent to the revision in the composition of share capital between Government of India and RBI, the paid up capital as on 31 March 2015, stood at Rs.5000 crore with Government of India holding Rs.4,980 crore (99.60%) and Reserve Bank of India Rs.20.00 crore (0.40%).
International associates of NABARD include World Bank-affiliated organizations and global developmental agencies working in the field of agriculture and rural development. These organizations help NABARD by advising and giving monetary aid for the upliftment of the people in the rural areas and optimizing the agricultural process.
1.NABARD is the most important institution in the country which looks after the development of the cottage industry, small industry and village industry, and other rural industries. 2.NABARD also reaches out to allied economies and supports and promotes integrated development. 3.NABARD discharge its duty by undertaking the following roles :
- Serves as an apex financing agency for the institutions providing investment and production credit for promoting the various developmental activities in rural areas
- Takes measures towards institution building for improving absorptive capacity of the credit delivery system, including monitoring, formulation of rehabilitation schemes, restructuring of credit institutions, training of personnel, etc.
- Co-ordinates the rural financing activities of all institutions engaged in developmental work at the field level and maintains liaison with Government of India, state governments, Reserve Bank of India (RBI) and other national level institutions concerned with policy formulation
- Undertakes monitoring and evaluation of projects refinanced by it.
- NABARD refinances the financial institutions which finances the rural sector.
- NABARD partakes in development of institutions which help the rural economy.
- NABARD also keeps a check on its client institutes.
- It regulates the institutions which provide financial help to the rural economy.
- It provides training facilities to the institutions working in the field of rural upliftment.
- It regulates the cooperative banks and the RRB’s, and manages talent acquisition through IBPS CWE.
NABARD’s refinance is available to state co-operative agriculture and rural development banks (SCARDBs), state co-operative banks (SCBs), regional rural banks (RRBs), commercial banks (CBs) and other financial institutions approved by RBI. While the ultimate beneficiaries of investment credit can be individuals, partnership concerns, companies, State-owned corporations or co-operative societies, production credit is generally given to individuals. NABARD has its head office at Mumbai, India.
NABARD Regional Office[RO] has a Chief General Manager [CGMs] as its head, and the Head office has several top executives viz the Executive Directors[ED], Managing Directors[MD], and the Chairperson.It has 336 District Offices across the country, one special cell at Srinagar. It also has 6 training establishments.
NABARD is also known for its ‘SHG Bank Linkage Programme’ which encourages India’s banks to lend to self-help groups (SHGs). Largely because SHGs are composed mainly of poor women, this has evolved into an important Indian tool for microfinance. By March 2006, 22 lakh SHGs representing 3.3 core members had to be linked to credit through this programme. NABARD also has a portfolio of Natural Resource Management Programmes involving diverse fields like Watershed Development, Tribal Development and Farm Innovation through dedicated funds set up for the purpose.
NABARD role in rural development in India is phenomenal. National Bank For Agriculture & Rural Development (NABARD) is set up as an apex Development Bank by the Government of India with a mandate for facilitating credit flow for promotion and development of agriculture, cottage and village industries. The credit flow to agriculture activities sanctioned by NABARD reached Rs 1,57,480 crore in 2005-2006. The overall GDP is estimated to grow at 8.4 per cent. The Indian economy as a whole is poised for higher growth in the coming years. Role of NABARD in overall development of India in general and rural & agricultural in specific is highly pivotal.
Through assistance of Swiss Agency for Development and Cooperation, NABARD set up the Rural Innovation Fund. Vrajlal Sapovadia Rural Infrastructure Development Fund (RIDF) is another noted scheme for the bank for rural development. Under the RIDF scheme Rs. 51,283 crore have been sanctioned for 2,44,651 projects covering irrigation, rural roads and bridges, health and education, soil conservation, water schemes etc. Rural Innovation Fund is a fund designed to support innovative, risk friendly, unconventional experiments in these sectors that would have the potential to promote livelihood opportunities and employment in rural areas. The assistance is extended to Individuals, NGOs, Cooperatives, Self Help Group, and Panchayati Raj Institutions who have the expertise and willingness to implement innovative ideas for improving the quality of life in rural areas. Through member base of 25 crore, 600000 cooperatives are working in India at grass root level in almost every sector of economy. There are linkages between SHG and other type institutes with that of cooperatives.
The purpose of RIDF is to promote innovation in rural & agricultural sector through viable means. Effectiveness of the program depends upon many factors, but the type of organization to which the assistance is extended is crucial one in generating, executing ideas in optimum commercial way. Cooperative is member driven formal organization for socio-economic purpose, while SHG is informal one. NGO have more of social color while that of PRI is political one. Does the legal status of an institute influences effectiveness of the program? How & to what an extent? Cooperative type of organization is better (Financial efficiency & effectiveness) in functioning (agriculture & rural sector) compared to NGO, SHG & PRIs
Recently in 2007-08, NABARD has started a new direct lending facility under ‘Umbrella Programme for Natural Resource Management’ (UPNRM). Under this facility financial support for natural resource management activities can be provided as a loan at reasonable rate of interest. Already 35 projects have been sanctioned involving loan amount of about Rs 1000 crore. The sanctioned projects include honey collection by tribals in Maharashtra, tussar value chain by a women producer company (‘MASUTA’), eco-tourism in Karnataka etc.
Microfinance and NABARD
Thus the Reserve Bank of INDIA and NABARD has laid out certain guidelines in 06-07 for the commercial banks, Regional Rural Banks and Cooperative Banks to provide the data to RBI including that regarding loans given by banks to the microfinance institutions.
NABARD a 100 % CSR company
NABARD has been instrumental in grounding rural,social innovations and social enterprises in the rural hinterlands. This endeavour is perhaps unparalleled in the country, it has in the process partnered with about 4000 partner organisations in grounding many of the interventions be it, SHG-Bank Linkage programme, tree-based tribal communities’ livelihoods initiative, watershed approach in soil and water conservation, increasing crop productivity initiatives through lead crop initiative or dissemination of information flow to agrarian communities through Farmer clubs.Despite all this, it pays huge taxes too, to the exchequer – figuring in the top 50 tax payers consistently. NABARD virtually ploughs back all the profits for development spending, in their unending search for solutions and answers. Thus the organisation had developed a huge amount of trust capital in its 3 decades of work with rural communities.
Central Information Commission
union government was appointed another three information commissioners on 25 February 2016 named BIMAL JULKA,DIVYA PRAKASH SINHA ,& AMITAVA BHATTACHARYYA
|Annual budget||₹113 million (US$1.7 million) (2011–12)|
|Legal personality||Governmental: Government agency|
|Governing body||Government of India|
|Constituting instrument||Right to Information Act, 2005|
The Central Information Commission (CIC) set up under the Right to Information Act is the authorised body, established in 2005, under the Government of India to act upon complaints from those individuals who have not been able to submit information requests to a Central Public Information Officer or State Public Information Officer due to either the officer not having been appointed, or because the respective Central Assistant Public Information Officer or State Assistant Public Information Officer refused to receive the application for information under the RTI Act. The President of India, Pranab Mukherjee inaugurated the 8th Annual Convention of Central Information Commission (CIC) on 2 September 2013.
The Commission includes 1 Chief Information Commissioner (CIC) and not more than 10 Information Commissioners (IC) who are appointed by the President of India.
Current Information Commissioners
- 1. Basant Seth
- 2. Yashovardhan Azad
- 3. Sharat Sabharwal
- 4. Manjula Prasher
- 5. M A Khan Yusufi
- 6. Prof Madabhushanam Sridhar Acharyulu
- 7. Shri Sudhir Bhargava
- 8.Shri Bimal julka
- 9.Divya prakash sinha
- 10.amitava bhattacharyya
Chief Information Commissioners
- Wajahat Habibullah
- A N Tiwari
- Satyananda Mishra
- Deepak Sandhu
- Sushma Singh
- Rajiv Mathur
- Vijay Sharma
- Radhakrishna Mathur
Central Vigilance Commission
|Central Vigilance Commission(CVC)|
|Legal personality||Governmental: Government agency|
|Governing body||Government of India(GOI)|
|Headquarters||New Delhi, India|
|Agency executive||Shri K V Chowdary, Central Vigilance Commissioner|
|The Central Vigilance Commission|
Central Vigilance Commission (CVC) is an apex Indian governmental body created in 1964 to address governmental corruption. It has the status of an autonomous body, free of control from any executive authority, charged with monitoring all vigilance activity under the Central Government of India, advising various authorities in central Government organizations in planning, executing, reviewing and reforming their vigilance work.
It was set up by the Government of India in February, 1964 on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam Committee, to advise and guide Central Government agencies in the field of vigilance. Nittoor Srinivasa Rau, was selected as the first Chief Vigilance Commissioner of India.
The Annual Report of the CVC not only gives the details of the work done by it but also brings out the system failures which leads to corruption in various Departments/Organisations, system improvements, various preventive measures and cases in which the Commission’s advises were ignored etc.
The Commission shall consist of:
- A Central Vigilance Commissioner – Chairperson;
- Not more than two Vigilance Commissioners – Members;
The current Central Vigilance Commissioner is Mr. K.V. Chowdary, and among the two Vigilance Commissioners, one is Mr. Rajivand the other is Shri T.M. Bhasin.
- 1 Role
- 2 Appointment
- 2.1 Oath or affirmation
- 3 Removal
- 4 Organisation
- 4.1 Secretariat
- 4.2 Chief Technical Examiners’ Wing (CTE)
- 4.3 Commissioners for Departmental Inquiries (CDI)
- 4.4 The Directorate General of Vigilance
- 5 Right to Information (RTI)
- 6 Limitations of CVC
- 7 Controversies
- 7.1 Supreme court quashes appointment of CVC
- 7.2 Whistleblower protection
- 7.3 Petition against appointment of K V Chowdary
- 8 New initiatives
The CVC is not an investigating agency.
The only investigation carried out by the CVC is that of examining Civil Works of the Government which is done through the Chief Technical Officer.
Corruption investigations against government officials can proceed only after the government permits them. The CVC publishes a list of cases where permissions are pending, some of which may be more than a year old. The Ordinance of 1998 conferred statutory status to the CVC and the powers to exercise superintendence over functioning of the Delhi Special Police Establishment, and also to review the progress of the investigations pertaining to alleged offences under the Prevention of Corruption Act, 1988 conducted by them. In 1998 the Government introduced the CVC Bill in the Lok Sabha in order to replace the Ordinance, though it was not successful. The Bill was re-introduced in 1999 and remained with the Parliament till September 2003, when it became an Act after being duly passed in both the Houses of Parliament. The CVC has also been publishing a list of corrupt government officials against which it has recommended punitive action.
The Central Vigilance Commissioner and the Vigilance Commissioners are appointed by the President after obtaining the recommendation of a Committee consisting of:
- The Prime Minister of India (Chairperson)
- The Minister of Home Affairs
- The Leader of the second largest party in the Lok Sabha or majority group leader in parliament
Oath or affirmation
The Central Vigilance Commissioner and a Vigilance Commissioner, before he enters upon his office, is required to make and subscribe to following oath or affirmation:
I, <name>, having been appointed Central Vigilance Commissioner (or Vigilance Commissioner) of the Central Vigilance Commission do swear in the name of God (or solemnly affirm) that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favor, affection or ill-will and that I will uphold the constitution and the laws.
— The Schedule of the Central Vigilance Commission Act, 2003
The Central Vigilance Commissioner or any Vigilance Commissioner can be removed from his office only by order of the President on the ground of proved misbehavior or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Central Vigilance Commissioner or any Vigilance Commissioner, as the case may be, ought to be removed. The President may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the Central Vigilance Commissioner or any Vigilance Commissioner in respect of whom a reference has been made to the Supreme Court until the President has passed orders on receipt of the report of the Supreme Court on such reference. The President may, by order, remove from office the Central Vigilance Commissioner or any Vigilance Commissioner if the Central Vigilance Commissioner or such Vigilance Commissioner, as the case may be:
- is adjudged an insolvent; or
- has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
- engages during his term of office in any paid employment outside the duties of his office; or
- is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or
- has acquired such financial or other interest as is likely to affect prejudicially his functions as a Central Vigilance Commissioner or a Vigilance Commissioner.
The CVC is headed by a Central Vigilance Commissioner who is assisted by two Vigilance Commissioners.
The Central Vigilance Commission has its own Secretariat, Chief Technical Examiners’ Wing (CTE) and a wing of Commissioners for Departmental Inquiries (CDI).
As on 21 March 2012, CVC has a staff strength of 257 against sanctioned strength of 299 (including the post of CVC and 2 VCs)
The Secretariat consists of a Secretary of the rank of Additional Secretary to the Govt of India, one officer of the rank of Joint Secretary to the Govt of India, ten officers of the rank of Director/Deputy Secretary, four Under Secretaries and office staff.
Chief Technical Examiners’ Wing (CTE)
The Chief Technical Examiner’s Organisation constitutes the technical wing of the Central Vigilance Commission and has two Engineers of the rank of Chief Engineers (designated as Chief Technical Examiners) with supporting engineering staff. Following are the main functions of this organisation:
- Technical audit of construction works of Governmental organisations from a vigilance angle
- Investigating specific cases of complaints relating to construction works
- Assisting the CBI in their investigations involving technical matters and for evaluation of properties in Delhi and
- Assisting the Commission and Chief Vigilance Officers in vigilance cases involving technical matters.
- Commissioners for Departmental Inquiries (CDI)
There are fourteen posts of Commissioners for Departmental Inquiries (CDI) in the Commission, 11 in the rank of Director and 03 in the rank of Deputy Secretary. The CDIs function as Inquiry Officers to conduct inquiries in departmental proceedings initiated against public servants.
The Directorate General of Vigilance
The Directorate General of Vigilance, Income Tax is the apex body under the Central Board of Direct Taxes for the vigilance matters. The Directorate General interfaces with the Central Vigilance Commission, the Central Bureau of Investigation, field formations of CBDT who are also having their Vigilance wings and others in all the matters relating to Vigilance, preliminary investigation of complaints, obtaining CVC/CVO’s first stage advice, wherever required, assistance to Ministry in issuance of charge sheets, monitoring the charge sheet issued by the Disciplinary authorities in the field, monitoring of progress in inquiry proceedings, processing of enquiry reports, obtaining CVC/CVO’s second stage advice, wherever required and communication thereof to Disciplinary authorities and monitoring compliance/implementation of the advice.
Right to Information (RTI)
Main article: Right to Information Act
CVC is a public authority as defined in the Right to Information Act and hence it is obliged to provide information requested by any citizen of India. Any interested citizen can seek specific information as per the procedure laid down by RTI Act.
Limitations of CVC
|This section requires expansion. (April 2012)|
- CVC is only an advisory body. Central Government Departments are free to either accept or reject CVC’s advice in corruption cases. CVC does not have adequate resources compared with number of complaints that it receives. It is a very small set up with a sanctioned staff strength of 299. Whereas, it is supposed to check corruption in more than 1500 central government departments and ministries. CVC cannot direct CBI to initiate inquiries against any officer of the level of Joint Secretary and above on its own. Such a permission has to be obtained from the concerned department.
- CVC does not have powers to register criminal case. It deals only with vigilance or disciplinary cases. CVC has supervisory powers over CBI. However, CVC does not have the power to call for any file from CBI or to direct CBI to investigate any case in a particular manner. CBI is under administrative control of Department of Personnel and Training (DoPT). Which means that, the powers to appoint, transfer, suspend CBI officers lie with DoPT.
- Appointments to CVC are indirectly under the control of Govt of India, though the leader of the Opposition (in Lok Sabha) is a member of the Committee to select CVC and VCs. But the Committee considers candidates put up before it. These candidates are decided by the Government.
As a result, although CVC is relatively independent in its functioning, it has neither resources nor powers to inquire and take action on complaints of corruption that may act as an effective deterrence against corruption.
Supreme court quashes appointment of CVC
PJ Thomas was appointed as the Chief Vigilance Commissioner in September 2010, on the recommendation of a High Powered Committee (HPC) headed by the Prime Minister of India. The selection of the new CVC was marked by controversies, after Sushma Swaraj, who was part of three-member selection committee, objected to the choice of Thomas, citing the pending chargesheet against him. A public interest litigation was filed in the Supreme Court of India by Centre for Public Interest Litigation and India Rejuvenation Initiative. On March 3, 2011, the Supreme Court quashed the appointment of Thomas as the Chief Vigilance Commissioner, noting that the HPC did not consider the relevant materials on the pending chargesheet. Subsequently, Mr Thomas resigned.
Main article: Whistleblower protection in India
A few years after the murder of IIT Kanpur alumnus NHAI engineer Satyendra Dubey, the CVC launched an initiative to protect whistleblowers. However, this program has been criticized by ex-Chief Justice of India R.C. Lahoti as being ineffective. He said that he had on previous occasions through his NGO India Rejuvenation Initiative, tried to draw the attention of high officials in the CVC to the unsatisfactory manner of its functioning, but with no results.
Petition against appointment of K V Chowdary
Before K V Chowdary’s appointment, eminent Supreme Court lawyer and Rajya Sabha MP Ram Jethmalani as well as eminent lawyer and activist Prashant Bhushan raised a red flag, asking the Prime Minister not to go ahead with his appointment, raising severe objections on Chowdary’s tenure as CBDT Chief. After Chowdary being appointed, Jethmalani expressed disappointment and wrote a letter to Narendra Modi questioning Chowdhary’s credentials. NGO Common Cause represented by Prashant Bhushan has filed a petition in Supreme Court of India challenging K V Chowdary’s appointment as CVC and T M Bhasin’s appointment as VC on 22 July.
The following initiatives have been taken by CVC:- 1. National Anticorruption Strategy 2. Leveraging Technology to Prevent Corruption 3. Integrity in Public procurement 4. Awareness Campaign 5. Provision for Whistle Blowers 6. Improving the Standard of Vigilance Work 7. Computerisation of Commission’s Work 8. Modern Preventive Vigilance Framework 9. International Cooperation. etc.
National Human Rights Commission of India
|National Human Rights Commission
राष्ट्रीय मानवाधिकार आयोग
|Formed||12th October 1993|
|Legal personality||Governmental: Government agency|
|Headquarters||New Delhi, India|
The National Human Rights Commission (NHRC) of India is an autonomous public body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993. It was given a statutory basis by the Protection of Human Rights Act, 1993 (TPHRA). The NHRC is the national human rights institution, responsible for the protection and promotion of human rights, defined by the Act as “rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants”.
“Human Rights” means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the constitution or embodied in the International covenants and enforceable by courts in India. “Commission” means the National Human Rights Commission constituted under section of All human beings are born free and equal in dignity and rights known as Human rights, as commonly understood, are the rights that every human being is entitled to enjoy freely irrespective of his religion, race, caste, sex and nationality, etc. (Jagdish chand, 2007) In Declaration of Independence acknowledged the fundamental human rights. Human right means different thing to different people. Human Rights are not static. New rights are recognized and enforced from time to time. Only persons fully conversant with the latest development about the expanding horizons of Human Rights can promote their awareness better than others.
- 1 Functions
- 2 Composition
- 2.1 Chairperson and Members
- 2.2 State Human Rights Commission
- 3 Appointment
- 4 Former chairpersons
- 4.1 Acting Chairpersons
- 5 International status
- 6 Controversy
TPHRA mandates the NHRC to perform the following functions: proactively or reactively inquire into violations of human rights or negligence in the prevention of such violation by a public servant
- by leave of the court, to intervene in court proceeding relating to human rights
- to visit any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates and make recommendations
- review the safeguards provided 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
- review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures
- to study treaties and other international instruments on human rights and make recommendations for their effective implementation
- undertake and promote research in the field of human rights
- engage in human rights education among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means
- encourage the efforts of NGOs and institutions working in the field of human rights
- such other function as it may consider it necessary for the protection of human rights.
The NHRC (National Human Rights Commission) consists of:
- A Chairperson, retired Chief Justice of India
- One Member who is, or has been, a Judge of the Supreme Court of India
- One Member who is, or has been, the Chief Justice of a High Court
- Two Members to be appointed from among persons having knowledge of, or practical experience in, matters relating to human rights
- In addition, the Chairpersons of four National Commissions of ( 1.Minorities 2.SC and ST 3.Women) serve as ex officio members.
Chairperson and Members
The chairperson of the NHRC is Justice Shri H.L. Dattu and the other members are:
- Justice Shri Cyriac Joseph
- Justice Shri D. Murugesan
- Shri Sharad Chandra Sinha
- Shri Naseem Ahmad, Chairperson, National Commission for Minorities
- Panna Lal (P.L.) Punia, Chairperson, National Commission for Scheduled Castes
- Dr Rameshwar Oraon, Chairperson, National Commission for Scheduled Tribes
- Lalitha Kumaramangalam, Chairperson, National Commission for Women and aruneshwaran.v
State Human Rights Commission
A State Government may constitute a body known as the Human Rights Commission of that State to exercise the powers conferred upon, and to perform the functions assigned to, a State Commission. In accordance to the amendment brought in TPHRA,1993 point No.10 below is the listof State Human Rights Commissions formed to perform the functions of the commission as stated under chapter V of TPHRA,1993 (with amendment act 2006). At present, 23 states have constituted SHRC
|State Commission||City||Date constituted|
|Assam Human rights Commission||Guwahati||19 January 1996|
|Andhra Pradesh State Human rights Commission||Hyderabad||—|
|Bihar Human rights Commission||Patna||3 January 2000|
|Chhattisgarh Human Rights Commission||Raipur||16 April 2001|
|Gujrat State Human Rights Commission||Gandhinagar||12 September 2006|
|Goa Human Rights Commission||Panaji||—|
|Himachal Pradesh State Human rights Commission||Shimla||—|
|Jammu and Kashmir||Sri Nagar|
|Kerala State Human Rights Commission||Thiruvananthapuram||11 December 1998|
|Karnataka State Human Rights Commission||Bangalore||28 June 2005|
|Madhya Pradesh Human Rights Commission||Bhopal||1 September 1995|
|Maharashtra State Human Rights Commission||Mumbai||6 March 2001|
|Manipur State Human Rights Commission||Imphal||—|
|Odisha Human rights Commission||Bhubaneswar||27 January 2000|
|Punjab Human Rights Commission||Chandigarh||—|
|Rajasthan State Human rights Commission||Jaipur||18 January 1999|
|State Human Rights Commission Tamil Nadu||Chennai||17 April 1997|
|Uttar Pradesh Human Rights Commission||Lucknow||7 October 2002|
|West Bengal Human Rights Commission||Kolkata||8 January 1994|
|Jharkhand State Human Rights Commission||Ranchi||—|
|Sikkim State Human Rights Commission||Gangtok||18 October 2008|
|Uttarakhand Human Rights Commission||Dehradun||13 May 2013|
|Haryana Human Rights Commission||Chandigarh||—|
Sections 3 and 4 of TPHRA lay down the rules for appointment to the NHRC. The Chairperson and members of the NHRC are appointed by the President of India, on the recommendation of a committee consisting of:
- The Prime Minister (chairperson)
- The Home Minister
- The Leader of the Opposition in the Lok Sabha (House of the People)
- The Leader of the Opposition in the Rajya Sabha (Council of States)
- The Speaker of the Lok Sabha (House of the People)
- The Deputy Chairman of the Rajya Sabha (Council of States)
|1.||Justice Ranganath Misra||12 October 1993 – 24 November 1996|
|2.||Justice M N Venkatachaliah||26 November 1996 – 24 October 1999|
|3.||Justice J S Verma||4 November 1999 – 17 January 2003|
|4.||Justice A S Anand||17 February 2003 – 31 October 2006|
|5.||Justice S. Rajendra Babu||2 April 2007 – 31 May 2009|
|6.||Justice K G Balakrishnan||7 June 2010 – 11 May 2015|
|7.||Justice H.L. Dattu||29 Feb-2016|
- Justice Cyriac Joseph from May 11, 2015 to February 28, 2016
- Dr. Justice Shivaraj Patil, from November 1, 2006 to April 1, 2007
- Justice G P Mathur, from June 1, 2009 to June 6, 2010
The NHRC has been accredited with “A status” by the International Coordinating Committee of National Human Rights Institutions (the ICC), indicating that it is in conformity with the Paris Principles – a broad set of principles agreed upon by a conference of experts on the promotion and protection of human rights, in Paris in October 1991, and subsequently endorsed by the UN General Assembly. The Commission is thus entitled to participate in the ICC and in its regional sub-group, the Asia Pacific Forum, and may take part in certain sessions of the UN human rights committees.
A report concerning the manner of which the Shivani Bhatnagar murder controversy case was rejected, a case which involved high-ranking officials being implicated in the murder of a journalist, opened the organisation up to questioning over the usefulness of human rights commissions set up by the government at the national and state levels. In mid-2011, the chairman of the NHRC, ex-Chief Justice K.G. Balakrishnan came under a cloud for allegedly owning assets disproportionate to his income. His son-in-law P. V. Srinijan, an Indian National Congress politician, had to resign for suddenly coming into possession of land worth Rs. 25 lakhs. Many prominent jurists, including former CJ J. S. Verma, SC ex-Judge V. R. Krishna Iyer, noted jurist Fali S. Nariman, former NHRC member Sudarshan Agrawal and prominent activist lawyer Prashant Bhushan, have called on Balakrishnan’s resignation pending from the HRC pending inquiry. As of February 2012, Justice Balakrishnan had not resigned, and the Supreme Court inquired of the government re: the status of the inquiry.
NHRC held that 16 out of 19 police encounters with suspected maoists in Guntur and Kurnool districts of Andhra Pradesh, prior to 2002 were fake and recommended to Government payment of compensation of Rs 5 lakh each to the kin of the families.
National Commission for Women
The National Commission for Women (NCW) is a statutory body of the Government of India, generally concerned with advising the government on all policy matters affecting women. It was established in January 1992 under the provisions of the Indian Constitution, as defined in the 1990 National Commission for Women Act. The first head of the commission was Jayanti Patnaik. On 17 September 2014 Lalitha Kumaramangalam was appointed Chairperson.
- 1 Activities
- 2 Controversies
- 2.1 Section 497 of the Indian Penal Code
- 2.2 Mangalore pub attack controversy
- 2.3 Guwahati molestation controversy
- 3 Chairpersons
The objective of the NCW is to represent the rights of women in India and to provide a voice for their issues and concerns. The subjects of their campaigns have included dowry, politics, religion, equal representation for women in jobs, and the exploitation of women for labour. They have also discussed police abuses against women.
The commission regularly publishes a monthly newsletter, Rashtra Mahila in both Hindi and English.
Section 497 of the Indian Penal Code
In December 2006 and January 2007, the NCW found itself at the center of a minor controversy over its insistence that Section 497 of the Indian Penal Code not be changed to make adulterous wives equally prosecutable by their husbands.4
But the grounds on which Ms. Vyas resists the logic of making this a criminal offence — particularly for women, as often recommended — are not as encouraging. She is averse to holding the adulterous woman equally culpable as the adulterous man because women, she believes, are never offenders. They are always the victims.
The NCW has demanded that women should not be punished for adultery, as a woman is “the victim and not an offender” in such cases. They have also advocated the amendment of Section 198 of the CrPC to allow women to file complaints against unfaithful husbands and prosecute them for their promiscuous behaviour. This was in response to “loopholes” in the Indian Penal code that allowed men to file adultery charges against other men who have engaged in illicit relations but does not allow women to file charges against their husbands.
The Commission has also worked to guarantee women security in unconventional relationships.
Mangalore pub attack controversy
Main article: 2009 Mangalore pub attack
The NCW came under sharp criticism for their response to the attack by forty male members of the Hindu right-wing Sri Ram Sena on eight women in a bar in Mangalore in late January 2009. Video from the attack shows the women were punched, pulled by their hair, and thrown out of the pub.
NCW member Smt Nirmala Venkatesh was sent to assess the situation, and said in an interview that the pub did not have adequate security and that the women should have protected themselves. Venkatesh said, “If the girls feel they were not doing anything wrong why are they afraid to come forward and give a statement?” On 6 February, the NCW said they decided not to accept Venkatesh’s report but would not be sending a new team to Mangalore. On 27 February, The Prime Minister’s Office approved the removal of Nirmala Venkatesh on disciplinary grounds.
Guwahati molestation controversy
Main article: 2012 Guwahati molestation case
The NCW came under fire again after the molestation of a 17-year-old girl by a gang of men outside a pub in Guwahati on 9 July 2012. NCW member Alka Lamba was accused of leaking the name of the minor victim to the media, and was subsequently removed from the fact-finding committee, though she remains a member of the commission. The following week, NCW chairperson Mamta Sharma made comments suggesting that women “be careful how you dress”, which invited criticism that she was guilty of victim blaming. The controversy led activists to call for a restructuring of the commission.
This is a list of current and former chairpersons of the NCW:
|1||Jayanti Patnaik||3 February 1992||30 January 1995|
|2||Dr. V. Mohini Giri||21 July 1995||20 July 1998|
|3||Vibha Parthasarathi||18 January 1999||17 January 2002|
|4||Dr. Poornima Advani||25 January 2002||24 January 2005|
|5||Dr. Girija Vyas||16 February 2005||15 February 2008|
|6||Dr. Girija Vyas||9 April 2008||8 April 2011|
|7||Mamta Sharma||2 August 2011||1 August 2014|
|8||Lalitha Kumaramangalam||17 September 2014||(present)|
Securities and Exchange Board of India
From Wikipedia, the free encyclopedia
|Securities and Exchange Board of India|
|भारतीय प्रतिभूति और विनिमय बोर्ड|
|Formed||12 April 1992|
|Jurisdiction||Government of India|
The Securities and Exchange Board of India (SEBI) is the regulator for the securities market in India. It was established in the year 1988 and given statutory powers on 12 April 1992 through the SEBI Act, 1992.
- 1 History
- 2 Organization structure
- 3 Functions and responsibilities
- 3.1 Powers
- 4 Major achievements
- 5 Controversies
It was established by The Government of India on 12 April 1988 and given statutory powers in 1992 with SEBI Act 1992 being passed by the Indian Parliament. SEBI has its headquarters at the business district of Bandra Kurla Complex in Mumbai, and has Northern, Eastern, Southern and Western Regional Offices in New Delhi, Kolkata, Chennai and Ahmedabad respectively. It has opened local offices at Jaipur and Bangalore and is planning to open offices at Guwahati, Bhubaneshwar, Patna, Kochi and Chandigarh in Financial Year 2013 – 2014.
Controller of Capital Issues was the regulatory authority before SEBI came into existence; it derived authority from the Capital Issues (Control) Act, 1947.
Initially SEBI was a non statutory body without any statutory power. However, in 1995, the SEBI was given additional statutory power by the Government of India through an amendment to the Securities and Exchange Board of India Act, 1992. In April 1988 the SEBI was constituted as the regulator of capital markets in India under a resolution of the Government of India.
The SEBI is managed by its members, which consists of following:
- The chairman who is nominated by Union Government of India.
- Two members, i.e., Officers from Union Finance Ministry.
- One member from the Reserve Bank of India.
- The remaining five members are nominated by Union Government of India, out of them at least three shall be whole-time members.
Further information: SEBI Organization Chart
Upendra Kumar Sinha was appointed chairman on 18 February 2011 replacing C. B. Bhave.
The Board comprises
|Upendra Kumar Sinha||Chairman|
|Nishant Rathi||Whole Time Member|
|Rajeev Kumar Agarwal||Whole Time Member|
|S Raman||Whole Time Member|
|Prakash Chandra||Joint Secretary, Ministry of Finance|
|V. K. Jairath magya||Member Appointed|
|Anand Sinha||Deputy Governor, Reserve Bank of India|
|Naved Masood||Secretary, Ministry of Corporate Affairs|
|Raje Kumar||Part Time Member|
List of former Chairmen:
|U K Sinha||18 February 2011||present|
|C. B. Bhave||18 February 2008||18 February 2011|
|M. Damodaran||18 February 2005||18 February 2008|
|G. N. Bajpai||20 February 2002||18 February 2005|
|D. R. Mehta||21 February 1995||20 February 2002|
|S. S. Nadkarni||17 January 1994||31 January 1995|
|G. V. Ramakrishna||24 August 1990||17 January 1994|
|Dr. S. A. Dave||12 April 1988||23 August 1990|
Functions and responsibilities
The Preamble of the Securities and Exchange Board of India describes the basic functions of the Securities and Exchange Board of India as “…to protect the interests of investors in securities and to promote the development of, and to regulate the securities market and for matters connected there with or incidental there to”.
SEBI has to be responsive to the needs of three groups, which constitute the market:
- the issuers of securities
- the investors
- the market intermediaries.
SEBI has three functions rolled into one body: quasi-legislative, quasi-judicial and quasi-executive. It drafts regulations in its legislative capacity, it conducts investigation and enforcement action in its executive function and it passes rulings and orders in its judicial capacity. Though this makes it very powerful, there is an appeal process to create accountability. There is a Securities Appellate Tribunal which is a three-member tribunal and is headed by Mr. Justice J P Devadhar, a former judge of the Bombay High Court. A second appeal lies directly to the Supreme Court. SEBI has taken a very proactive role in streamlining disclosure requirements to international standards.
For the discharge of its functions efficiently, SEBI has been vested with the following powers:
- to approve by−laws of stock exchanges.sebi
- to require the stock exchange to amend their by−laws.
- inspect the books of accounts and call for periodical returns from recognized stock exchanges.
- inspect the books of accounts of a financial intermediaries.
- compel certain companies to list their shares in one or more stock exchanges.
- registration brokers.
There are two types of brokers:
- circuit broker
- merchant broker
- Technical Advisory Committee
- Committee for review of structure of market infrastructure institutions
- Advisory Committee for the SEBI Investor Protection and Education Fund
- Takeover Regulations Advisory Committee
- Primary Market Advisory Committee (PMAC)
- Secondary Market Advisory Committee (SMAC)
- Mutual Fund Advisory Committee
- Corporate Bonds & Securitization Advisory Committee
SEBI has enjoyed success as a regulator by pushing systematic reforms aggressively and successively. SEBI is credited for quick movement towards making the markets electronic and paperless by introducing T+5 rolling cycle from July 2001 and T+3 in April 2002 and further to T+2 in April 2003. The rolling cycle of T+2 means, Settlement is done in 2 days after Trade date. SEBI has been active in setting up the regulations as required under law. SEBI did away with physical certificates that were prone to postal delays, theft and forgery, apart from making the settlement process slow and cumbersome by passing Depositories Act, 1996.
SEBI has also been instrumental in taking quick and effective steps in light of the global meltdown and the Satyam fiasco. In October 2011, it increased the extent and quantity of disclosures to be made by Indian corporate promoters. In light of the global meltdown, it liberalised the takeover code to facilitate investments by removing regulatory structures. In one such move, SEBI has increased the application limit for retail investors to Rs 2 lakh, from Rs 1 lakh at present.
Supreme Court of India heard a Public Interest Litigation (PIL) filed by India Rejuvenation Initiative that had challenged the procedure for key appointments adopted by Govt of India. The petition alleged that, “The constitution of the search-cum-selection committee for recommending the name of chairman and every whole-time members of SEBI for appointment has been altered, which directly impacted its balance and could compromise the role of the SEBI as a watchdog.” On 21 November 2011, the court allowed petitioners to withdraw the petition and file a fresh petition pointing out constitutional issues regarding appointments of regulators and their independence. The Chief Justice of India refused the finance ministry’s request to dismiss the PIL and said that the court was well aware of what was going on in SEBI. Hearing a similar petition filed by Bengaluru-based advocate Anil Kumar Agarwal, a two judge Supreme Court bench of Justice SS Nijjar and Justice HL Gokhale issued a notice to the Govt of India, SEBI chief UK Sinha and Omita Paul, Secretary to the [President of India].
Further, it came into light that Dr KM Abraham (the then whole time member of SEBI Board) had written to the Prime Minister about malaise in SEBI. He said, “The regulatory institution is under duress and under severe attack from powerful corporate interests operating concertedly to undermine SEBI”. He specifically said that Finance Minister’s office, and especially his advisor Omita Paul, were trying to influence many cases before SEBI, including those relating to Sahara Group, Reliance, Bank of Rajasthan and MCX.
Forward Markets Commission (India)
|Parent agency||Ministry of Finance|
The Forward Markets Commission (FMC) is the chief regulator of commodity futures markets in India. As of July 2014, it regulated Rs 17 trillion worth of commodity trades in India. It is headquartered in Mumbai and this financial regulatory agency is overseen by the Ministry of Finance. The Commission allows commodity trading in 22 exchanges in India, of which 6 are national.
On 28 September 2015 the FMC was merged with the Securities and Exchange Board of India (SEBI).
- 1 History
- 1.1 Development of the Industry
- 2 Responsibilities and functions
- 3 Commission
Established in 1953 under the provisions of the Forward Contracts (Regulation) Act, 1952, it consists of not less than two but not exceeding four members appointed by the Central Government, out of them one being nominated by the Central Government to be the Chairman of the Commission.
Since futures traded in India are traditionally on food commodities, the agency was originally overseen by Ministry of Consumer Affairs, Food and Public Distribution (India). The commission appeared in the news in March 2012 for their ban on guar gum futures trading after it said the price quadrupled due to its use in fracking causing food inflation.
In September 2013, the commission responsibility was moved to the Ministry of Finance to reflect that futures trading was becoming more and more a financial activity.
Development of the Industry
India has a long history of trading commodities and considered the pioneer in some forms of derivatives trading. The first derivative market was set up in 1875 in Mumbai, where cotton futures was traded. This was followed by establishment of futures markets in edible oilseeds complex, raw jute and jute goods and bullion. This became an active industry with volumes reported to be large.
However, in 1935 a law was passed allowing the government to in part restrict and directly control food production (Defence of India Act, 1935). This included the ability to restrict or ban the trading in derivatives on those food commodities. Post independence, in the 1950s, India continued to struggle with feeding its population and the government increasingly restricting trading in food commodities. Just at the time the FMC was established, the government felt that derivative markets increased speculation which led to increased costs and price instabilities. And in 1953 finally prohibited options and futures trading altogether. The industry was pushed underground and the prohibition meant that development and expansion came to a halt. In the 1970 as futures and options markets began to develop in the rest of the world, Indian derivatives markets were left behind. The apprehensions about the role of speculation, particularly in the conditions of scarcity, prompted the Government to continue the prohibition well into the 1980s.
The result of the period of prohibition left India with a large number of small and isolated regional futures markets. The futures markets were dispersed and fragmented, with separate trading communities in different regions with little contact with one another. The exchanges had not yet embrace modern technology or modern business practices.
Next to the officially approved exchanges, there were also many havala markets. Most of these unofficial commodity exchanges have operated for many decades. Some unofficial markets trade 20–30 times the volume of the “official” futures exchanges. They offer not only futures, but also option contracts. Transaction costs are low, and they attract many speculators and the smaller hedgers. Absence of regulation and proper clearing arrangements, however, meant that these markets were mostly “regulated” by the reputation of the main players.
Responsibilities and functions
The functions of the Forward Markets Commission are as follows:
- To advise the Central Government in respect of the recognition or the withdrawal of recognition from any association or in respect of any other matter arising out of the administration of the Forward Contracts (Regulation) Act 1952.
- To keep forward markets under observation and to take such action in relation to them, as it may consider necessary, in exercise of the powers assigned to it by or under the Act.
- To collect and whenever the Commission thinks it necessary, to publish information regarding the trading conditions in respect of goods to which any of the provisions of the act is made applicable, including information regarding supply, demand and prices, and to submit to the Central Government, periodical reports on the working of forward markets relating to such goods;
- To make recommendations generally with a view to improving the organization and working of forward markets;
- To undertake the inspection of the accounts and other documents of any recognized association or registered association or any member of such association whenever it considers it necessary.
It allows futures trading in 23 fibers and manufacturers, 15 spices, 44 edible oils, 6 pulses, 4 energy products, single vegetable, 20 metal futures and 33 other futures.
The three members of the Commission are
- Shri Ramesh Abhishek (Chairman) – Appointed 24 September 2012
- M. Mathisekaran
- Shri Nagendraa Parakh – appointed July 2013
Telecom Regulatory Authority of India
|Telecom Regulatory Authority of India|
|Legal status||Created by Telecom Regulatory Authority of India Act, 1997|
|Headquarters||New Delhi, India|
|Key people||R. S. Sharma
Dr Vijayalakshmy K. Gupta
The Telecom Regulatory Authority of India (TRAI) is the independent regulator of the telecommunications business in India.
- 1 History
- 2 Authority
- 2.1 Secretariat
TRAI was established on February 20, 1997 by an Act of Parliament to regulate telecom services and tariffs in India. Earlier regulation of telecom services and tariffs was overseen by the Central Government.
TRAI’s mission is to create and nurture conditions for growth of telecommunications in India to enable the country to have a leading role in the emerging global information society.
One of its main objectives is to provide a fair and transparent environment that promotes a level playing field and facilitates fair competition in the market. TRAI regularly issues orders and directions on various subjects such as tariffs, interconnections, quality of service, Direct To Home (DTH) services and mobile number portability.
In January 2000, TRAI was amended to establish the Telecom Disputes Settlement Appellate Tribunal (TDSAT) to take over the adjudicatory functions of the TRAI. The TDSAT was set up to resolve any dispute between a licensor and a licensee, between two or more service providers, between a service provider and a group of consumers. In addition, any direction, TRAI orders or decisions can be challenged by appealing to TDSAT. In January 2016, TRAI introduced an important change in telecommunication that would benefit all consumers. Effective from 1 January 2016, consumers will be compensated for call drops. However, there is a catch, per the rule, mobile users will get a compensation of Re 1 for every dropped call but it will be limited to a maximum three dropped calls in a day.
Per the “Telecom regulatory Authority of India (Amendment) Act, 2000”, the authority shall have no more than two full-time and two part-time members.
|Present Members of TRAI|
|Ram Sewak Sharma||Chairman|
|A.K. Kaushal||Whole time member|
|Dr Vijayalakshmy K. Gupta||Whole time member|
|H.S. Jamadagni||Part-time member|
|Pankaj Chandra||Part-time member|
|List of former Chairman of TRAI|
|S. S. Sodhi||1997-2000|
|M. S. Verma||2000-2003|
|A. K. Sahney||March–May 2009 (Interim)|
|Dr Rahul Khullar||2012-2015|
|Ram Sevak Sharma||2015–present|
TRAI is administered through a Secretariat headed by a secretary. All proposals are processed by the secretary, who organizes the agenda for Authority meetings (consulting with the Chairman), prepares the minutes and issues regulations in accordance to the meetings. The secretary is assisted by advisors. These include Mobile Network, Interconnection and Fixed Network, BroadBand and Policy Analysis, Quality of Service, Broadcasting & Cable Services, Economic Regulation, Financial Analysis & IFA, Legal, Consumer Affairs & International Relation and Administration & Personnel. Officers are selected from the premier Indian Telecommunications Service and also from the Indian Administrative Service.
Telecommunications in India
(Redirected from Communications in India)
More than half of the mobile phones sold in India in 2012 were smart phones
India’s telecommunication network is the second largest in the world based on the total number of telephone users (both fixed and mobile phone). It has one of the lowest call tariffs in the world enabled by the mega telephone networks and hyper-competition among them. It has the world’s third-largest Internet user-base. According to the Department of Telecommunication of India (DoT), as on March 2015, India has 302.35 million internet connections. Major sectors of the Indian telecommunication industry are telephony, internet and television broadcast Industry in the country which is in an ongoing process of transforming into next generation network, employs an extensive system of modern network elements such as digital telephone exchanges, mobile switching centres, media gateways and signalling gateways at the core, interconnected by a wide variety of transmission systems using fibre-optics or Microwave radio relay networks. The access network, which connects the subscriber to the core, is highly diversified with different copper-pair, optic-fibre and wireless technologies. DTH, a relatively new broadcasting technology has attained significant popularity in the Television segment. The introduction of private FM has given a fillip to the radio broadcasting in India. Telecommunication in India has greatly been supported by the INSAT system of the country, one of the largest domestic satellite systems in the world. India possesses a diversified communications system, which links all parts of the country by telephone, Internet, radio, television and satellite.
Indian telecom industry underwent a high pace of market liberalisation and growth since the 1990s and now has become the world’s most competitive and one of the fastest growing telecom markets. The Industry has grown over twenty times in just ten years, from under 37 million subscribers in the year 2001 to over 846 million subscribers in the year 2011. India has the world’s second-largest mobile phone user base with over 929.37 million users as of May 2012. It has the world’s second-largest Internet user-base with over 300 million as of June 2015. The total revenue of the Indian telecom sector grew by 7% to ₹2832 billion (US$42 billion) for 2010–11 financial year, while revenues from telecom equipment segment stood at ₹1170 billion (US$17 billion).
Telecommunication has supported the socioeconomic development of India and has played a significant role to narrow down the rural-urban digital divide to some extent. It also has helped to increase the transparency of governance with the introduction of e-governance in India. The government has pragmatically used modern telecommunication facilities to deliver mass education programmes for the rural folk of India.
A microwave tower for short distance (~50 km) communication
The history of Indian telecom can be started with the introduction of telegraph. The Indian postal and telecom sectors are one of the worlds oldest. In 1850, the first experimental electric telegraph line was started between Calcutta and Diamond Harbour. In 1851, it was opened for the use of the British East India Company. The Posts and Telegraphs department occupied a small corner of the Public Works Department, at that time.
The construction of 4,000 miles (6,400 km) of telegraph lines was started in November 1853. These connected Kolkata (then Calcutta) and Peshawar in the north; Agra, Mumbai (then Bombay) through Sindwa Ghats, and Chennai (then Madras) in the south; Ootacamund and Bangalore. William O’Shaughnessy, who pioneered the telegraph and telephone in India, belonged to the Public Works Department, and worked towards the development of telecom throughout this period. A separate department was opened in 1854 when telegraph facilities were opened to the public.
In 1880, two telephone companies namely The Oriental Telephone Company Ltd. and The Anglo-Indian Telephone Company Ltd. approached the Government of India to establish telephone exchange in India. The permission was refused on the grounds that the establishment of telephones was a Government monopoly and that the Government itself would undertake the work. In 1881, the Government later reversed its earlier decision and a licence was granted to the Oriental Telephone Company Limited of England for opening telephone exchanges at Calcutta, Bombay, Madras and Ahmedabad and the first formal telephone service was established in the country. On 28 January 1882, Major E. Baring, Member of the Governor General of India’s Council declared open the Telephone Exchanges in Calcutta, Bombay and Madras. The exchange in Calcutta named the “Central Exchange” had a total of 93 subscribers in its early stage. Later that year, Bombay also witnessed the opening of a telephone exchange.
Insurance Regulatory and Development Authority
|Insurance Regulatory and Development Authority of India
(बीमा विनियामक और विकास प्राधिकरण)
|Headquarters||3rd Floor, Parisrama Bhavan, Basheer Bagh, Hyderabad, Telangana|
|Chairman, IRDA||T.S. Vijayan|
Insurance Regulatory and Development Authority of India (IRDAI) is an autonomous apex statutory body which regulates and develops the insurance industry in India. It was constituted by a Parliament of India act called Insurance Regulatory and Development Authority Act, 1999 and duly passed by the Government of India.
The agency operates from its headquarters at Hyderabad, Telangana where it shifted from Delhi in 2001.
IRDA batted for a hike in the foreign direct investment (FDI) limit to 49 per cent in the insurance sector from the erstwhile 26 per cent. The FDI limit in insurance sector was raised to 49% in July 2014.
- 1 History of insurance in India
- 2 Organizational structure or Composition of Authority
- 3 Insurance Repository
- 4 Career
History of insurance in India
Organizational structure or Composition of Authority
As per the section 4 of IRDA Act’ 1999, Insurance Regulatory and Development Authority (IRDA, which was constituted by an act of parliament) specify the composition of Authority. IRDAI is a ten-member body consisting of: A Chairman,-(T.S. Vijayan)
- Five whole-time members,-(R.K. Nair,M. Ram Prasad,S. Roy Chowdhary,D.D. Singh)
- Four part-time members,-(Anup Wadhawan,S.B. Mathur,Prof. V.K.Gupta,CA. Subodh Kr. Agarwal)
All members are appointed by the Government of India.
Recently the Finance Minister of India announced the setting of insurance repository system. An Insurance Repository is a facility to help policy holders buy and keep insurance policies in electronic form, rather than as a paper document. Insurance Repositories, like Share Depositories or mutual fund Transfer Agencies, will hold electronic records of insurance policies issued to individuals and such policies are called “electronic policies” or “e Policies”, e.g. CDSL Insurance Repository Limited ( CDSL IR )
Insurance Regulatory and Development Authority of India (IRDA). Name of post is Junior Officer and is a highly paid job. Eligibility of IRDA is first class in graduation and age criteria is 21 to 30. Application form comes in January and examination conducts in February. The exam is conducted in 3 phases. Phase 1 is Online Preliminary Objective, Test Phase 2 is Computer based Descriptive Test Phase 3 is Interview. Basically quantitative, reasoning general awareness and English language.
National Commission for Backward Classes
National Commission for Backward Classes is an Indian statutory body established on 14 August 1993, under the provisions of National Commission for Backward Classes Act, 1993 (Act No. 27 of 1993). The commission was the outcome of the direction of the Supreme Court in the Mandal case judgement. The number of backward castes in Central list of OBCs has now increased to 5,013 (without the figures for most of the Union Territories) in 2006 as per National Commission for Backward Classes. In October 2015, National Commission for Backward Classes proposed that a person belonging to OBC with an annual family income of up to Rs 15 lakh should be considered as minimum ceiling for OBC. NCBC also recommended sub-division of OBCs into ‘backward’, ‘more backward’ and ‘extremely backward’ blocs and divide 27% quota amongst them in proportion to their population, to ensure that stronger OBCs don’t corner the quota benefits.
- 1 Composition
- 1.1 Current members
- 2 Functions and power
The commission has five members: a Chairperson who is or has been a judge of the Supreme Court or of a High Court; a social scientist; two persons, who have special knowledge in matters relating to backward classes; and a Member-Secretary, who is or has been an officer of the Central Government in the rank of a Secretary to the Government of India. Their term is of Three years.
- Chairperson — Justice Vangala Eshwaraiah
- Secretary — Shri A. K. Mangotra
- Member — S.K.Kharventhan
- Member — A. K. Saini
- Member — Shakeel-uz-Zaman Ansari
Functions and power
The commission considers inclusions in and exclusions from the lists of communities notified as backward for the purpose of job reservations and tenders the needful advice to the Central Government as per Section 9(1) of the NCBC Act, 1993.. Similarly, the states have also constituted commissions for BC’s. As of 24 July 2014 over two thousand groups have been listed as OBCs. Both the National Commission for Backward Classes and National Commission for Scheduled Castes have the same powers as a Civil Court.
Other Backward Class
From Wikipedia, the free encyclopedia
(Redirected from Other Backward Classes)
Other Backward Class (OBC) is a collective term used by the Government of India to classify castes which are socially and educationally disadvantaged. It is one of several official classifications of the population of India, along with Scheduled Castes and Scheduled Tribes (SCs and STs). The OBCs were found to comprise 52% of the country’s population by the Mandal Commission report of 1980, a figure which had shrunk to 41% by 2006 when the National Sample Survey Organisation took place. In the Indian Constitution, OBCs are described as “socially and educationally backward classes”, and the Government of India is enjoined to ensure their social and educational development — for example, the OBCs are entitled to 27% reservations in public sector employment and higher education. The list of OBCs maintained by the Indian Ministry of Social Justice and Empowerment is dynamic, with castes and communities being added or removed depending on social, educational and economic factors. RTI data showed in 2015 that in spite of these 27% reservations in jobs, only less than 12% OBCs are in these jobs (in some departments only 6.67% of OBCs were given employment under these 27% reservations). As of 2015, in educational institutes also funds meant for OBC student reservation policy are not utilised properly or are underutilised in case of upgrading infrastructure as well as violation of faculty recruitment according to OBC 27% reservation policy. Until 1985, the affairs of the Backward Classes were looked after by the Backward Classes Cell in the Ministry of Home Affairs. A separate Ministry of Welfare was established in 1985 (renamed in 1998 to the Ministry of Social Justice and Empowerment) to attend to matters relating to Scheduled Castes, Scheduled Tribes and OBCs. The Backward Classes Division of the Ministry looks after the policy, planning and implementation of programmes relating to social and economic empowerment of OBCs, and matters relating to two institutions set up for the welfare of OBCs, the National Backward Classes Finance and Development Corporation and the National Commission for Backward Classes.
- 1 Obligation of the government
- 2 Demographics
- 2.1 First Backward Classes Commission
- 2.2 Mandal Commission
- 3 Legal dispute
- 3.1 Creamy layer and Indra Sawhney vs Union of India
- 3.2 Supreme Court interim stay
- 3.3 Supreme Court verdict
- 3.4 Supreme Court conclusions from Ashoka Kumar Thakur vs. Union of India
- 3.5 Supreme Court scrapped Jat Reservations in Central OBCs list
- 4 OBC Christians
- 5 Lists
Obligation of the government
Under Article 340 of the Indian Constitution, it is obligatory for the government to promote the welfare of the OBCs.
The president may by order appoint a commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the union or any state to remove such difficulties and as to improve their condition and as to the grants that should be made, and the order appointing such commission shall define the procedure to be followed by the commission. … A commission so appointed shall investigate the matters referred to them and present to the president a report setting out the facts as found by them and making such recommendations as they think proper.
— Article 340 of the Indian Constitution
A 1992 decision of the Supreme Court of India resulted in a requirement that 27% of civil service positions be reserved for members of OBCs. In August 2010 the Times of India reported that at most 7% of eligible positions had been filled by OBCs, in spite of the 27% reservation This difference between proportion of different communities in higher educational institutions is mainly because of difference in primary school enrollment. Political parties in India have attempted to use these communities as votebanks
First Backward Classes Commission
Main article: Kalelkar Commission
Below is the distribution of population of each Religion by Caste Categories,obtained from merged sample of Schedule 1 and Schedule 10 of available data from the National Sample Survey Organisation 55th (1999-2000) and National Sample Survey Organisation 61st Rounds (2004–05) Round Survey
|Distribution of Population of each Religion by Caste Categories|
The First Backward Classes Commission was established by a presidential order on 29 January 1953 under the chairmanship of Kaka Kalelkar, and submitted its report on 30 March 1955. It had prepared a list of 2,399 backward castes or communities for the entire country, of which 837 had been classified as the “most backward”. Some of the most notable recommendations of the Kalelkar commission were:
- Undertaking caste-wise enumeration of population in the census of 1961;
- Relating social backwardness of a class to its low position in the traditional caste hierarchy of Indian society;
- Treating all women as a class as “backward”;
- Reservation of 70 per cent seats in all technical and professional institutions for qualified students of backward classes.
- Reservation of vacancies in all government services and local bodies for other backward classes.
The commission in its final report recommended “caste as the criteria” to determine backwardness. However, the report was not accepted by the government, which feared that the backward classes excluded from the caste and communities selected by the commission might not be considered, and those in most need would be swamped by the multitudes, thus receiving insufficient attention.
NFHS Survey estimated only Hindu OBC population. Total OBC population derived by assuming Muslim OBC population in same proportion as Hindu OBC population.
The decision to set up a second backward classes commission was made official by the president on 1 January 1979. The commission popularly known as the Mandal Commission, its chairman being B. P. Mandal, submitted a report in December 1980 that stated that the population of OBCs, which includes both Hindus and non-Hindus, was around 52 per cent of the total population according to the Mandal Commission. The number of backward castes and communities was 3,743 in the initial list of Mandal Commission set up in 1979-80. The number of backward castes in Central list of OBCs has now increased to 5,013 (without the figures for most of the Union Territories) in 2006 as per National Commission for Backward Classes. Mandal Commission developed 11 indicators or criteria to identify OBCs, of which four were economic.
However, this finding was criticized as based on “fictitious data”. The National Sample Survey puts the figure at 32%. There is substantial debate over the exact number of OBCs in India, with census data compromised by partisan politics. It is generally estimated to be sizable, but lower than the figures quoted by either the Mandal Commission or and National Sample Survey.
27 percent of reservation was recommended owing to the legal constraint that the total quantum of reservation should not exceed 50 percent. States which have already introduced reservation for OBC exceeding 27 per cent will not be affected by this recommendation. With this general recommendation the commission proposed the following overall scheme of reservation for OBC:
- Candidates belonging to OBC recruited on the basis of merit in an open competition should not be adjusted against their reservation quota of 27 per cent.
- The above reservation should also be made applicable to promotion quota at all levels.
- Reserved quota remaining unfilled should be carried forward for a period of three years and de-reserved thereafter.
- Relaxation in the upper age limit for direct recruitment should be extended to the candidates of OBC in the same manner as done in the case of scheduled castes and scheduled tribes.
- A roster system for each category of posts should be adopted by the concerned authorities in the same manner as presently done in respect of scheduled caste and scheduled tribe candidates.
These recommendations in total are applicable to all recruitment to public sector undertakings, both under the central and state governments as well as to nationalised banks. All private sector undertakings which have received financial assistance from the government in one form or other should also be obliged to recruit personnel on the aforesaid basis. All universities and affiliated colleges should also be covered by the above scheme of reservation. Although education is considered an important factor to bring a desired social change, “educational reform” was not within the terms of reference of this commission. To promote literacy the following measures were suggested:
- An intensive time-bound programme for adult education should be launched in selected pockets with high concentration of OBC population.
- Residential schools should be set up in these areas for backward class students to provide a climate specially conducive to serious studies. All facilities in these schools including board and lodging should be provided free of cost to attract students from poor and backward class homes.
- Separate hostels for OBC students with above facilities will have to be provided.
- Vocational training was considered imperative.
- It was recommended that seats should be reserved for OBC students in all scientific, technical and professional institutions run by the central as well as state governments. The quantum of reservation should be the same as in the government services, i.e. 27 per cent.
Creamy layer and Indra Sawhney vs Union of India
The term creamy layer was first coined by Justice Krishna Iyer in 1975 in State of Kerala vs NM Thomas case, wherein he observed that “the danger of ‘reservation’, it seems to me, is three-fold. Its benefits, by and large, are snatched away by the top creamy layer of the ‘backward’ caste or class, thus keeping the weakest among the weak always weak and leaving the fortunate layers to consume the whole cake”. 1992 Indra Sawhney v Union of India judgment laid down the limits of the state’s powers: it upheld the ceiling of 50 per cent quotas, emphasized the concept of “social backwardness”, and prescribed 11 indicators to ascertain backwardness. The nine-Judge Bench judgement also established the concept of qualitative exclusion, such as “creamy layer”. The creamy layer is only applicable in the case of Other Backward Castes and not applicable on other group like SC or ST. The creamy layer criteria was introduced at Rs 1 lakh in 1993, and revised to Rs 2.5 lakh in 2004, Rs 4.5 lakh in 2008 and Rs 6 lakh in 2013. In October 2015, National Commission for Backward Classes proposed the that a person belonging to OBC with an annual family income of up to Rs 15 lakh should be considered as minimum ceiling for OBC. NCBC also recommended recommended sub-division of OBCs into ‘backward’, ‘more backward’ and ‘extremely backward’ blocs and divide 27% quota amongst them in proportion to their population, to ensure that stronger OBCs don’t corner the quota benefits.
Supreme Court interim stay
On 29 March 2007, the Supreme Court of India, as an interim measure, stayed the law providing for 27 percent reservation for Other Backward Classes in educational institutions like IITs and IIMs. This was done in response to a public interest litigation — Ashoka Kumar Thakur vs. Union of India. The Court held that the 1931 census could not be a determinative factor for identifying the OBCs for the purpose of providing reservation. The court also observed, “Reservation cannot be permanent and appear to perpetuate backwardness”.
Supreme Court verdict
On 10 April 2008 the Supreme Court of India upheld the government’s initiative of 27% OBC quotas in government-funded institutions. The Court has categorically reiterated its prior stand that those considered part of the “Creamy layer” should be excluded by government-funded institutions and by private institutions from the scope of the reservation policy. The verdict produced mixed reactions from supporting and opposing quarters.
Several criteria to identify the portion of the population comprising the “creamy layer” have been recommended, including the following:
- Children of those with family income above ₹ 250,000 a year, and then ₹ 450,000 a year as of October 2008 and now ₹ 600,000 a year, should be considered creamy layer, and excluded from the reservation quota.
- Children of doctors, engineers, chartered accountants, actors, consultants, media professionals, writers, bureaucrats, defence officers of colonel and equivalent rank or higher, high court and Supreme Court judges, all central and state government Class A and B officials should be excluded.
- The Court has requested Parliament to exclude the children of MPs and MLAs as well.
Supreme Court conclusions from Ashoka Kumar Thakur vs. Union of India
- The Constitution (Ninety-Third Amendment) Act, 2006 does not violate the “basic structure” of the Constitution so far as it relates to the state maintained institutions and aided educational institutions. Question whether the Constitution (Ninety-Third Amendment) Act, 2006 would be constitutionally valid or not so far as “private unaided” educational institutions are concerned, is left open to be decided in an appropriate case.
- The “Creamy layer” principle is one of the parameters to identify backward classes. Therefore, principally, the “Creamy layer” principle cannot be applied to STs and SCs, as SCs and STs are separate classes by themselves.
- Preferably there should be a review after ten years to take note of the change of circumstances.
- A graduation (not technical graduation) or professional course deemed to be educationally forward.
- Principle of exclusion of Creamy layer applicable to OBC’s.
- The Central Government shall examine as to the desirability of fixing a cut off marks in respect of the candidates belonging to the Other Backward Classes (OBCs)to balance reservation with other societal interests and to maintain standards of excellence. This would ensure quality and merit would not suffer. If any seats remain vacant after adopting such norms they shall be filled up by candidates from general categories.
- So far as determination of backward classes is concerned, a Notification should be issued by the Union of India. This can be done only after exclusion of the creamy layer for which necessary data must be obtained by the Central Government from the State Governments and Union Territories. Such Notification is open to challenge on the ground of wrongful exclusion or inclusion. Norms must be fixed keeping in view the peculiar features in different States and Union Territories. There has to be proper identification of Other Backward Classes (OBCs). For identifying backward classes, the Commission set up pursuant to the directions of this Court in Indra Sawhney 1 has to work more effectively and not merely decide applications for inclusion or exclusion of castes.
- The Parliament should fix a deadline by which time free and compulsory education will have reached every child. This must be done within six months, as the right to free and compulsory education is perhaps the most important of all the fundamental rights (Art.21 A). For without education, it becomes extremely difficult to exercise other fundamental rights.
- If material is shown to the Central Government that the Institution deserves to be included in the Schedule (institutes which are excluded from reservations) of The Central Educational Institutions (Reservation in Admission) Act, 2006 (No. 5 of 2007), the Central Government must take an appropriate decision on the basis of materials placed and on examining the concerned issues as to whether Institution deserves to be included in the Schedule of the said act as provided in Sec 4 of the said act.
- Held that the determination of SEBCs is done not solely based on caste and hence, the identification of SEBCs does not violate Article 15(1) of the Constitution.
Supreme Court scrapped Jat Reservations in Central OBCs list
In March 2015, Supreme Court of India scrapped Jat Reservations saying that Jats are not socially and economically backward in reference with National Commission for Backward Classes’ (NCBC) opinion . Supreme Court judgement quashed the proposed inclusion of Jats in Central list of OBCs on the basis that Jats are already given OBC status in 9 States. On 21 July 2015, Supreme Court rejected Centre’s review plea for its verdict of quashing Jat reservation in OBCs.
The Karnataka State Government has issued notification granting OBC reservation benefits to Brahmin Christian, Kuruba Christian, Madiga Christian, Akkasali Christian, Sudri Christian, Scheduled Caste converted to Christianity, Setty Balija Christian, Nekara Christian, Nadar Christian and Lambani Christian. The Kerala government grants OBC reservation benefits to Latin Catholics.
See also: List of Muslim Other Backward Classes communities
Lists of OBCs are maintained by both the National Commission for Backward Classes and the individual states. The central list does not always reflect the state lists, which can differ significantly. A community identified as a nationally recognized OBC in the NCBC central list may be so recognized only in specific states or only in limited areas within specific states. Occasionally, it is not an entire community that is thus classified but rather some parts within it.
National Commission for Minorities
The Union Government set up the National Commission for Minorities (NCM) under the National Commission for Minorities Act, 1992. Six religious communities, viz; Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis) and Jains have been notified as minority communities by the Union Government.
- 1 UN Declaration
- 2 Functions and powers
- 3 Composition of Commission
- 4 Sachar Committee Report
The NCM adheres to the United Nations Declaration of 18 December 1992 which states that “States shall protect the existence of the National or Ethnic, Cultural, Religious and Linguistic identity of minorities within their respective territories and encourage conditions for the promotion of that identity.”
Functions and powers
The Commission has the following functions:
- evaluate the progress of the development of Minorities under the Union and States.
- monitor the working of the safeguards provided in the Constitution and in laws enacted by Parliament and the State Legislatures.
- make recommendations for the effective implementation of safeguards for the protection of the interests of Minorities by the Central Government or the State Governments.
- look into specific complaints regarding deprivation of rights and safeguards of the Minorities and take up such matters with the appropriate authorities.
- cause studies to be undertaken into problems arising out of any discrimination against Minorities and recommend measures for their removal.
- conduct studies, research and analysis on the issues relating to socio-economic and educational development of Minorities.
- suggest appropriate measures in respect of any Minority to be undertaken by the Central Government or the State Governments.
- make periodical or special reports to the Central Government on any matter pertaining to Minorities and in particular the difficulties confronted by them.
- any other matter which may be referred to it by the Central Government.
The Commission has the following powers:
- Summoning and enforcing the attendance of any person from any part of India and examining him on oath.
- Requiring the discovery and production of any document.
- Receiving evidence on affidavit.
- Requisitioning any public record or copy thereof from any court or office.
- Issuing commissions for the examination of witnesses and documents.
Composition of Commission
The current commission consists of:
- Chairperson: Shri Naseem Ahmad(4.3.2014–Present )
- Vice Chairperson: Vacant
- Members :
- Ajaib Singh(06-09-2012–Present )
- Tsering Namgyal Shanoo- (31.5.2013–Present )
- Farida Abdulla Khan-(23.10.13-Present )
- Ms Mabel Rebello-(2.12.13-Present)
- Shri Praveen Davar-(27-1-14-Present)
- Shri Dadi E. Mistry-(10.3.2014–Present)
Sachar Committee Report
On March 9, 2005 the Prime Minister issued a Notification for the constitution of a High Level Committee to prepare a report on the social, economic and educational status of the Muslim community of India. Recommendations contained in the Report of the High Level Committee on Social, Economic and Educational Status of the Muslim Community of India headed by Justice Rajindar Sachar (Retd.) :-
- Need for Transparency, Monitoring and Data Availability- Create a National Data Bank (NDB) where all relevant data for various socio-religious categories are maintained
- Enhancing the Legal Basis for Providing Equal Opportunities Set up an Equal Opportunity Commission to look into grievances of deprived groups like minorities.
- Shared Spaces: Need to Enhance Diversity:- The idea of providing certain incentives to a ‘diversity index’ should be explored.
- Education:- a process of evaluating the content of the school text books needs to be initiated to purge them of explicit and implicit content that may impart inappropriate social values, especially religious intolerance. Need to ensure that all children in the age group 0-14 have access to free and high
- quality education
- High quality Government schools should be set up in all areas of Muslim concentration. Exclusive schools for girls should be set up, particularly for the 9-12 standards. This would facilitate higher participation of Muslim girls in school education. In co-education schools more women teachers need to be appointed.
- Provide primary education in Urdu in areas where Urdu speaking population is concentrated.
- Mechanisms to link madarsas with higher secondary school board.
- Recognise degrees from madarsas for eligibility in Defence Services, Civil Services and Banking examinations.
- Increase employment share of Muslims, particularly where there is great deal of public dealing.
- Enhancing Participation in Governance:- appropriate state level laws can be enacted to ensure minority
- representation in local bodies
- Create a nomination procedure to increase participation of minorities in public bodies.
- Establish a delimitation procedure that does not reserve constituencies with high minority population for SCs.
- Enhancing Access to Credit and Government Programmes:-Provide financial and other support to initiatives built around occupations where Muslims are concentrated and that have growth potential
- Improve participation and share of minorities, particularly Muslims, in business of regularcommercial banks
- Improving Employment Opportunities and Conditions
The Committee suggested that policies should “sharply focus on inclusive development and ‘mainstreaming’ of the Community while respecting diversity.”
The idea of creation of Zonal Councils was mooted by the first Prime Minister of India, Pandit Jawahar Lal Nehru in 1956 when during the course of debate on the report of the States Re-organisation Commission, he suggested that the States proposed to be reorganised may be grouped into four or five zones having an Advisory Council ‘to develop the habit of cooperative working” among these States. This suggestion was made by Pandit Nehru at a time when linguistic hostilities and bitterness as a result of re-organisation of the States on linguistic pattern were threatening the very fabric of our nation. As an antidote to this situation, it was suggested that a high level advisory forum should be set up to minimise the impact of these hostilities and to create healthy inter-State and Centre-State environment with a view to solving inter-State problems and fostering balanced socio economic development of the respective zones.
MEETINGS OF ZONAL COUNCILS
COMPOSITION OF ZONAL COUNCILS
In the light of the vision of Pandit Nehru, five Zonal Councils were set up vide Part-III of the States Re-organisation Act, 1956. The present composition of each of these Zonal Councils is as under:
- The Northern Zonal Council, comprising the States of Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, National Capital Territory of Delhi and Union Territory of Chandigarh;
- The Central Zonal Council, comprising the States of Chhattisgarh, Uttarakhand, Uttar Pradesh and Madhya Pradesh;
- The Eastern Zonal Council, comprising the States of Bihar, Jharkhand, Orissa, Sikkim and West Bengal;
- The Western Zonal Council, comprising the States of Goa, Gujarat, Maharashtra and the Union Territories of Daman & Diu and Dadra & Nagar Haveli; and
- The Southern Zonal Council, comprising the States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territory of Puducherry.
The North Eastern States i.e. (i) Assam (ii) Arunachal Pradesh (iii) Manipur (iv) Tripura (v) Mizoram (vi) Meghalaya and (vii) Nagaland are not included in the Zonal Councils and their special problems are looked after by the North Eastern Council, set up under the North Eastern Council Act, 1972. The State of Sikkim has also been included in the North Eastern Council vide North Eastern Council (Amendment) Act, 2002 notified on 23rd December, 2002. Consequently, action for exclusion of Sikkim as member of Eastern Zonal Council has been initiated by Ministry of Home Affairs.
COMMITTIEES OF ZONAL COUNCILS
Each Zonal Council has set up a Standing Committee consisting of Chief Secretaries of the member States of their respective Zonal Councils. These Standing Committees meet from time to time to resolve the issues or to do necessary ground work for further meetings of the Zonal Councils. Senior Officers of the Planning Commission and other Central Ministries are also associated with the meetings depending upon necessity. :
ORGANISATIONAL STRUCTURE OF ZONAL COUNCILS
- Chairman – The Union Home Minister is the Chairman of each of these Councils.
- Vice Chairman – The Chief Ministers of the States included in each zone act as Vice-Chairman of the Zonal Council for that zone by rotation, each holding office for a period of one year at a time.
- Members- Chief Minister and two other Ministers as nominated by the Governor from each of the States and two members from Union Territories included in the zone.
- Advisers- One person nominated by the Planning Commission for each of the Zonal Councils, Chief Secretaries and another officer/Development Commissioner nominated by each of the States included in the Zone
Union Ministers are also invited to participate in the meetings of Zonal Councils depending upon necessity.
ROLE AND OBJECTIVES OF THE ZONAL COUNCILS
The Zonal Councils provide an excellent forum where irritants between Centre and States and amongst States can be resolved through free and frank discussions and consultations. Being advisory bodies, there is full scope for free and frank exchange of views in their meetings. Though there are a large number of other fora like the National Development Council, Inter State Council, Governor’s/Chief Minister’s Conferences and other periodical high level conferences held under the auspices of the Union Government, the Zonal Councils are different, both in content and character. They are regional fora of cooperative endeavour for States linked with each other economically, politically and culturally. Being compact high level bodies, specially meant for looking after the interests of respective zones, they are capable of focusing attention on specific issues taking into account regional factors, while keeping the national perspective in view.
The main objectives of setting up of Zonal Councils are as under :
- Bringing out national integration;
- Arresting the growth of acute State consciousness, regionalism, linguism and particularistic tendencies;
- Enabling the Centre and the States to co-operate and exchange ideas and experiences; and
- Establishing a climate of co-operation amongst the States for successful and speedy execution of development projects.
FUNCTIONS OF THE COUNCILS
Each Zonal Council is an advisory body and may discuss any matter in which some or all of the States represented in that Council, or the Union and one or more of the States represented in that Council, have a common interest and advise the Central Government and the Government of each State concerned as to the action to be taken on any such matter.
In particular, a Zonal Council may discuss, and make recommendations with regard to:
- any matter of common interest in the field of economic and social planning;
- any matter concerning border disputes, linguistic minorities or inter-State transport; and
- any matter connected with, or arising out of, the re-organisation of the States under the States Reorganisation Act.
MEETINGS OF ZONAL COUNCILS
As per Section 17(1) of States Re-organisation Act, each Zonal Council shall meet at such time as the Chairman of the Council may appoint in this behalf. Since their inception in 1957, the Zonal Councils have met 106 times. The last meetings of the Zonal Councils were held as under:
|MEETINGS OF ZONAL COUNCILS|
|Sl.no||Name of the Council||Place of meeting||Date of Meeting|
|1.||Eastern Zonal Council||Ranchi||30.5.2005|
|2.||Western Zonal Council||Panaji||29.09.2006|
|3.||Northern Zonal Council||Shimla||25.10.2005|
|4.||Southern Zonal Council||Hyderabad||12.2.2007|
|5.||Central Zonal Council||Bhopal||24.5.2005|
Deliberations at Zonal Councils have led to important initiatives in regard to Internal Security, Coastal Security, Mega City Policing, Sharing of information on crime and criminals by the concerned states, Jail Reforms, Communal Harmony and the resolution of the socio-economic problems like trafficking in women and children, National Disaster Management and strengthening the preparedness for disaster management, implementation of Right to information Act, Implementation of National Employment Guarantee Bill, Coastal Secretary and Good Governance etc.
SECRETARIAT OF ZONAL COUNCILS
The Secretariat of the Zonal Councils has also been created by the statue itself. Section 19 of the States Re-organisation Act deals with the staff of Zonal Councils whereas Section 20 deals with office of the Council and its administrative expenses.
- Office of Zonal Councils:
As per Section 20(1) of the States Reorganisation Act, 1956 the office of Zonal Council for each zone shall be located at such place within the zone as may be determined by the Council. However, since 1963, a single Secretariat looking after the affairs of all Zonal Councils is functioning from New Delhi. The Secretariat is located 9/11, Jamnagar House, New Delhi and functioning under administrative control of Ministry of Home Affairs.
The Zonal Councils Secretariat explores centre-State, inter-State and zonal issues which are to be deliberated by the Councils or the Standing Committees. The Secretariat also follows up on the recommendations of the Councils/Standing Committees, if necessary drawing the attention of the Chairman and other Central Ministers/Chief Ministers.
- Organisational set up of Zonal Council Secretariat
According to Section 19 (1) of the States Reorganisation Act, 1956, each Zonal Council shall have a secretarial staff consisting of a Secretary, a Joint Secretary and such other officers as the Chairman may consider necessary to appoint
The Chief Secretaries of the States represented in such Zonal Councils act as the Secretary of the respective Council by rotation, holding office for a period of one year at a time.
The Joint Secretary of Zonal Councils is as a Director Level officer from All India Services or Central Secretariat Services.
To assist the Joint Secretary, there are other 19 sanctioned posts in the Zonal Council Secretariat. The posts of Joint Secretary, Deputy Secretary and Chowkidar are temporary ones whereas other posts are permanent.The details in respect of incumbents of all the 20 posts are as given below:
BUDGET ALLOCATION FOR THE CURRENT FINANCIAL YEAR 2010-11
The Zonal Council Secretariat interacts with State Governments, Union Government and institutions like Planning Commission to explore issues of relevance for deliberations of Zonal Councils /Standing Committees. However, it is open to the enlightened citizens to identify such issues and bring them to the notice of the Zonal Council Secretariat. The Zonal Council Secretariat can be contacted at:
|FOR THE CURRENT FINANCIAL YEAR 2010-11|
|Object/Head description||BE 2009-10 agreed
(Rs. in thousands)
|Domestic Travel Expenses||200|
|Foreign Travel Expenses||–|
|Banking Transaction Tax||–|
|Information Technology (Office Expenses)||135|
PROCEDURE FOLLOWED IN DECISION MAKING PROCESS, INCLUDING CHANNELS OF SUPERVISION & ACCOUNTABILITY AND NORMS SET BY ZONAL COUNCIL SECRETARIAT FOR DISCHARGE OF ITS FUNCTIONS
- Functions relating to meetings of Zonals Councils:
Functions of Zonal Councils are performed as per States Re-organisation Act, 1956 and Rules of Procedure of all the five Zonal Councils, which may be seen at ANNEXURE I-VI. States Reorganisation Act, 1956 is a published statutory document. Rules of Procedures of Zonal Councils have also been printed and are made available to public on demand. (The updation of these rules is done by Ministry of Home Affairs when considered necessary).
All issues relating to convening of meetings of Zonal Councils are submitted to the Union Home Minister, through CS Division of Ministry of Home Affairs.
- Administrative functions of Zonal Council Secretariat:
All administrative and financial functions are performed as per existing rules and instructions of the Government of India. Updation of these rules and orders is being done by concerned nodal Ministries when considered necessary. Further, guidelines provided under the Manual of Office Procedure are followed in dealing with day to day office work. While Deputy Secretary, Zonal Councils Secretariat being Head of Office and Branch Officer of Councils, Administration and Hindi Sections disposes of day to day work within his delegated powers, he takes the orders of Joint Secretary, Zonal Council Secretariat on important cases requiring approval of Head of Department.
- Sexual harassment of Women Compliance of guidelines relating there to
(3) EXECUTIVE BODY
राष्ट्रीय भारत परिवर्तन संस्था
Emblem of India
|Formed||1 January 2015; 14 months ago|
|Preceding||· Planning Commission|
|Jurisdiction||Government of India|
|Parent agency||Government Of India|
The National Institution for Transforming India Aayog (Hindi: राष्ट्रीय भारत परिवर्तन संस्था; Hunterian transliteration: Rāshtriya Bhārat Parivartan Sansthā; IAST: Rāṣṭrīya Bhārat Parivartan Sansthā), or NITI Aayog (Hindi: नीति आयोग), is a Government of India policy think-tank established by Prime Minister Narendra Modi to replace the Planning Commission.
The stated aim for NITI Aayog’s creation is to foster involvement and participation in the economic policy-making process by the State Governments of India. It has adopted a “bottom-up” approach in planning which is a remarkable contrast to the Planning Commission’s tradition of “top-down” decision-making. One of the important mandates of NITI Aayog is to bring cooperative competitive federalism and to improve centre state relation . This is well reflected when Indian Prime Minister appointed three sub-groups of chief ministers for making recommendations in three important areas (centrally sponsored schemes, skill development and Swachh Bharat ). NITI Aayog will provide opportunities, that the previous Planning Commission structure lacked, to represent the economic interests of the State Governments and Union Territories of India.
The Prime Minister will serve as Ex-Officio Chairperson for NITI Aayog.
The Union Government of India announced formation of NITI Aayog on 1 January 2015, and the first meeting of NITI Aayog was held on 8 February 2015. “NITI Blogs”, which provide public access to articles, field reports and work in progress as well as the published opinions of NITI officials, are available to the public on the Aayog website.
NITI Aayog is a group of people with authority entrusted by the government to formulate/regulate policies in social and economic issues with experts in it.
India’s Finance Minister Arun Jaitley made the following observation on the necessity of creating NITI Ayog:
“The 65-year-old Planning Commission had become a redundant organisation. It was relevant in a command economy structure, but not any longer. India is a diversified country and its states are in various phases of economic development along with their own strengths and weaknesses. In this context, a ‘one size fits all’ approach to economic planning is obsolete. It cannot make India competitive in today’s global economy.”
1 Renaming of Planning Commission
- 2 Origin and formation
- 3 Members
- 4 Present Members
- 5 Major Highlights
- 6 SETU
- 7 Criticism
Renaming of Planning Commission
- May 29, 2014 -> According to the first IEO (Independent Evaluation Office ) assessment report which was submitted to Prime Minister Modi on May 29, Planning Commission to be replaced by “control commission”
- 15th -17th Aug. 2014 –> Govt. of India officials viewed Planning Commission to be replaced with a diluted version of the National Development and Reform Commission (NDRC) of China “
- 1st January 2015 –> Cabinet resolution to replace Planning Commission by NITI Aayog (National Institution for Transforming India) “
- February 8, 2015: The first meeting of NITI Aayog was chaired by Narendra Modi
Origin and formation
- 1950 : Planning commission was established
- May 29, 2014 : The first
(Independent Evaluation Office ) assessment report was submitted to Prime Minister Modi on May 29, three days after he was sworn in. According to Ajay Chibber, who heads the IEO, views in the report are based on the views of stakeholders and some Planning Commission members themselves. Planning Commission to be replaced by “control commission”
- August 13, 2014 : Cabinet of Modi govt. scrapped the Planning Commission
- Aug. 15 2014 : Modi mentioned to replace Planning Commission by National Development and Reform Commission (NDRC) on the line of China
The NITI Aayog comprises the following:
- Prime Minister of India as the Chairperson
- Governing Council comprising the Chief Ministers of all the States and Union territories with Legislatures and lieutenant governors of other Union Territories.
- Regional Councils will be formed to address specific issues and contingencies impacting more than one state or a region. These will be formed for a specified tenure. The Regional CouncilVUO by the Prime Minister and will be composed of the Chief Ministers of States and Lt. Governors of Union Territories in the region. These will be chaired by the Chairperson of the NITI Aayog or his nominee
- Experts, specialists and practitioners with relevant domain knowledge as special invitees nominated by the Prime Minister
- Full-time organizational framework (in addition to Prime Minister as the Chairperson) comprising
- Vice-Chairperson: Arvind Panagariya
- Members: Three (3) Full-time: economist Bibek Debroy, former DRDO chief V.K. Saraswat and Agriculture Expert Professor Ramesh Chand
- Part-time members: Maximum of two from leading universities research organizations and other relevant institutions in an ex-officio capacity. Part-time members will be on a rotational basis
- Ex Officio members: Maximum of four members of the Union Council of Ministers to be nominated by the Prime Minister
- Chief Executive Officer: To be appointed by the Prime Minister for a fixed tenure, in the rank of Secretary to the Government of India. Amithab Kant has been appointed as the new Chief Executive Officer.
- Secretariat as deemed necessary
The various members of NITI Aayog are:
- Chairperson: Prime Minister of India
- CEO: Amitabh kant
- Vice Chairperson: Arvind Panagariya
- Ex-Officio Members: Rajnath Singh, Arun Jaitley, Suresh Prabhu and Radha Mohan Singh
- Special Invitees: Nitin Gadkari, Smriti Zubin Irani and Thawar Chand Gehlot
- Full-time Members: Bibek Debroy (Economist), K. Saraswat (former DRDO Chief) and Ramesh Chand (Agriculture Expert)
- Governing Council: All Chief Ministers and Lieutenant Governors of States and Union Territories
- The new National Institution for Transforming India (NITI) will act more like a think tank or forum and execute programs by taking the States along with them. This is in sharp contrast with the defunct Planning Commission which imposed five-year-plans and allocated resources while running roughshod over the requests of the various States.
- NITI will include leaders of India’s 29 states and seven union territories. But its full-time staff – a deputy chairman, Chief Executive Officer and experts – will answer directly to the Prime Minister of India, who will be chairman.
- The opposition Congress IS mocked the launch as a cosmetic relabelling exercise – the new body’s acronym-based name means ‘Policy Commission’ in Hindi, suggesting a less bold departure than the English version does. Several believe that is consistent with the negativism that has become the hallmark of the Congress.
- Despite being blamed by critics for the slow growth that long plagued India, the Commission survived the market reforms of the early 1990s, riling Mr Modi with its interventions when he was Chief minister of industry and investor friendly Gujarat.
- Mr Modi, elected by a landslide last year on a promise to revive flagging growth and create jobs, had vowed to do away with the Planning Commission that was set up in 1950 by Congressman and Prime Minister Jawaharlal Nehru.
- But his plans been derided by the Congress party, which wants to defend the Nehru legacy and describes Mr Modi’s vision of “cooperative federalism” as cover for a veiled power grab.
- India’s first Prime Minister Jawaharlal Nehru, a socialist who admired Joseph Stalin’s drive to industrialize the Soviet Union, set up and chaired the Commission to map out a development path for India’s agrarian economy.
- In 2012, the Planning Commission was pilloried for spending some Rs. 35 lakh to renovate two office toilets, and then it was lampooned for suggesting that citizens who spent Rs. 27 or more a day were not poor.
- The commission had remained powerful over the decades because it had emerged as a sort of parallel cabinet with the Prime Minister as its head.
- The Commission’s power in allocating central funds to states and sanctioning capital spending of the central government was deeply resented by states and various government departments.
- The NITI Aayog will also seek to put an end to slow and tardy implementation of policy, by fostering better Inter-Ministry coordination and better Centre-State coordination. It will help evolve a shared vision of national development priorities, and foster cooperative federalism, recognizing that strong states make a strong Nation.
The Government has established a mechanism to be known as SETU (Self-Employment and Talent Utilisation) under NITI Aayog. SETU will be a Techno-Financial, Incubation and Facilitation Programme to support all aspects of start-up businesses, and other self-employment activities, particularly in technology-driven areas.
The government’s move to replace the Planning Commission with a new institution called ‘NITI Aayog’ was criticised by opposition parties of India. The Congress sought to know whether the reform introduced by the BJP-led government was premised on any meaningful programme or if the move was simply born out of political opposition to the party that ran the Planning Commission for over 60 years. “The real issue is do you (the government) have a substantive meaningful programme to reform the Planning Commission?” Congress spokesperson Abhishek Manu Singhvi said. “If you (the BJP government) simply want to abolish it (the commission), because it is something which (Jawaharlal) Nehru created for this country and you don’t like Nehru or simply because it was run by the Congress for 60 years and you don’t like the Congress, that is pitiable”.
The Communist Party of India-Marxist said a mere change in the name would not yield the desired results. “Mere changing this nomenclature, and this sort of gimmickry is not going to serve the purpose. Let us wait and see what the government is eventually planning,” CPI-M leader Sitaram Yechury said.
“The Planning Commission used to plan policy. I don’t know what is the government trying to do by merely changing the nomenclature from Planning Commission to Niti Ayog,” said Congress spokesman Manish Tiwary.
However, Commerce and Industry Minister Nirmala Sitharaman of BJP accused the critics of being “ignorant of facts”.
“With the new set of changes, the state governments no longer need to have a begging attitude and instead take independent steps for development,” said Sitharaman. With this the NDA government is fulfilling one more of its key promises of robust federalism.
“The idea to create an institution where states’ leaders will be part and parcel of the collective thinking with the Centre and other stakeholders in formulating a vision for the development of the country is right on as compared with the previous structure, where a handful of people formulated the vision and then presented it to the National Development Council (NDC). This was not entirely absorbed and adopted by the latter,” said former Planning Commission member Arun Maira.
In fact, a recent survey of expert opinions presented and analysed by Sharma (2015) and published in the magazine “Business World” shows that either a very clear distinction of roles of NDC, Governing Council and Inter State Council or a merger of one or two with a vibrant and functional ISC can serve the two key goals of such forums: policy development and conflict resolution.
National Development Council (India)
|National Development Council|
|Rashtriya Vikas Parishad|
|Formed||Aug 1952; 63 years ago|
The National Development Council (NDC) or the Rashtriya Vikas Parishad is the apex body for decision making and deliberations on development matters in India, presided over by the Prime Minister. It was set up on 6 August 1952 to strengthen and mobilize the effort and resources of the nation in support of the Plan, to promote common economic policies in all vital spheres, and to ensure the balanced and rapid development of all parts of the country. The Council comprises the Prime Minister, the Union Cabinet Ministers, Chief Ministers of all States or their substitutes, representatives of the Union Territories and the members of the Planning Commission.
It is an extra-constitutional and non-statutory body. NDC is the listed as an advisory body to Planning Commission but it’s advice is not binding.
- 1 History
- 2 Objectives
- 3 Functions
- 4 Composition
The first meeting chaired by Prime Minister, Jawaharlal Nehru on 8–9 November 1952. So far 57 meetings had been held. The 57th Meeting of National Development Council was held on 27 December 2012 at Vigyan Bhavan, New Delhi.
It has been set up with four objectives
- to secure cooperation of the states in the execution of the plan
- to strengthen and mobilize the effort and resources of the nation in support of the Plan
- to promote common economic policies in all vital spheres and
- to ensure the balanced and rapid development of all parts of the country.
The functions of the Council are
- to prescribe 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 make an assessment of the resources that are required for implementing the Plan and to suggest measures for augmenting them.
- to consider important questions of social and economic policy affecting national development; and
- 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.
- To recommend measures for achievement of the aims and targets set out in the national Plan.
The National Development Council is presided over by the Prime Minister of India and includes all Union Ministers, Chief Ministers of all the States and Administrators of Union Territories and Members of the Planning Commission. Ministers of State with independent charge are also invited to the deliberations of the Council.
The 58th meeting of NDC
Not yet held
The 57th meeting of NDC
Held on 27 December 2012
The 56th meeting of NDC
The 56th meeting of NDC was held on 22 October 2011 to consider the 12th Plan approach paper. The meeting was presided over by Dr Manmohan Singh Prime Minister of India. Dr Montek Singh Ahluwalia, the Dy Chairman of Planning Commission, raised six major issues for consideration at the NDC:
- Determining the state level five year plans for the Twelfth Plan period early and set targets for growth and other social indicators. They need to be built into consistent national targets for the Twelfth Plan. Create an economic environment that would support the efforts of farmers and entrepreneurs. It will determine much of the outcome in terms of the flow of investment to the State, and the growth of both output and employment.
- Mobilization and allocation of resources for the Plan. Since inclusive growth depends on the development of rural and urban infrastructure, provision of health services and extension of education and skill development, adequate provisioning shall be done for these sectors. Centre’s Gross Budgetary Support for the Plan as a ratio of GDP shall be increased while reducing the fiscal deficit. That requires raising of the ratio of tax revenues to GDP, and cut untargeted subsidies. States have to aim at much better revenue performance and also exercise progressive control over subsidies. Early implementation of the GST would not only raise more revenue for both the Centre and the States, it would also create a single market in the country and remove many of the distortions in the indirect tax system. Both the Centre and the States must explore the scope for public private partnership, wherever possible to leverage limited public resources.
- Agriculture needs more attention and priority at State Government levels (e.g. exempting horticultural products entirely from the application of the APMC Act.)
- Management of energy resources will be a major challenge because rapid growth will require a significant expansion in domestic energy supplies and also a much greater focus on energy efficiency. The viability of the power sector as a whole depends critically upon the financial viability of the distribution system. The total losses of the distribution system, if properly accounted, are probably as high as Rs 70,000 crores. If the States could cover these losses by subsidies, the system would not be at risk. However, state budgets cannot provide subsidies on this scale and the losses are effectively being funded by the banking system. AT&C losses shall be reduced to 15% by the end of the Twelfth Plan. The electricity tariffs have to be adjusted in line with costs. There is an urgent need to implement a package of distribution reforms combined with tariff increases, which will make the distribution companies viable for all additional sales. The Twelfth Plan version of the Accelerated Power Development Reform Programme should be tailored to provide resources to States taking credible steps along these lines. New energy efficient building standards should be made mandatory.
- Management of water resources – demand for water in the country is outstripping supply, leading to serious water shortages and unsustainable drawal of ground water in many parts of the country. Whereas we increase the amount of water that is effectively available, the real solution lies in increasing the efficiency of water use. At present, almost 80% of our water is used in agriculture, and it is used very inefficiently. Water use in agriculture can be cut to half with known technology, e.g., by switching from flood irrigation of paddy to SRI. Water availability can be improved by treating sewage water before it enters our fresh water system. At present, only about 30% of sewage water is treated. There are similar problems with industrial effluents. With urbanisation and industrialisation set to accelerate, these pressures on our fresh water systems will increase. Corrective action in all these areas lies largely in the domain of state governments. The Approach paper called for a comprehensive re-examination of water policy including changes in the laws. It also calls for empowered water regulatory authorities which can ensure effective allocation of water to different uses and also different areas. Some States have introduced innovative schemes for rational use of water by involving farmers actively. Future assistance under AIBP should be linked to moves which ensure more rational use of water.
- Improve implementation of Plan schemes on the ground. Over the past several years, we have greatly expanded the volume of resources devoted to various flagship programmes in health, education, clean drinking water, sanitation, area development programme, etc. The while these schemes focus on the right areas, their implementation leaves a great deal to be desired. Report of the Chaturvedi Committee made a number of recommendations on the need for streamlining the centrally sponsored schemes. Ways of improving governance, promoting innovation, extending e-governance to the panchayat level, introducing transparency in government programmes and use of the UID number combined with the benefits of IT become areas of priority. The Aadhar platform can be used to improve efficiency in many of these programmes. The Central Plan Scheme Monitoring System will be used to serve as a management information and decision support system which will enable tracking of the Central government disbursements under a Centrally Sponsored Scheme. There is a need to track funds from the State Governments down through different levels in the state Government to the final expenditure incurred at the implementing level.
National Integration Council
|Formation||2 June 1962|
|Type||Government advisory body|
|Purpose||Address the problems of communalism, casteism and regionalism|
|Chairman||Prime Minister of India, currently Narendra modi|
The National Integration Council (NIC) is a group of senior politicians and public figures in India that looks for ways to address the problems of communalism, casteism and regionalism.
The National Integration Council originated in a conference convened by Prime Minister Jawaharlal Nehru in September–October 1961. The purpose was to find ways to counter problems that were dividing the country including attachment to specific communities, castes, regions and languages.
The conference set up the NIC to review national integration issues and make recommendations. The NIC met for the first time in June 1962. The fourteenth meeting was held in New Delhi on 13 October 2008. The fifteenth meeting was held on 10 September 2011 in New Delhi. The latest meeting (sixteenth meeting) was held on 23 September 2013
Activities since 2005
The NIC was reconstituted and met again in August 2005. The new council had 103 members. The inaugural meeting was attended by Prime Minister Manmohan Singh and Congress Party leader Sonia Gandhi. Twelve Chief Ministers and twelve Union Ministers attended, as did leaders of all the main political parties. Christian minority rights leader John Dayal and the Reverend Valson Thampu presented a statement signed by Archbishop Vincent Conçessao calling for equal rights for Christian Dalits and for an end to violence inspired by ethnic and religious divisions. The NIC met in October 2008 soon after the United Progressive Alliance (UPA) government had taken office. In this special meeting chaired by Manmohan Singh, Prime Minister of India, the NIC raised its voice against spreading anti-Christian violence in India. The Prime minister strongly condemned the violence allegedly supported by the hands of Hindu organizations such as Bajrang Dal and Vishva Hindu Parishad. The prime minister had earlier publicly admitted that the ongoing violence against the Christian communities was a matter of great “national shame”. In April 2010 the council was reconstituted with 147 members, again chaired by Prime Minister Manmohan Singh. The fifteenth meeting was scheduled in Delhi for 10 September 2011. The agenda included discussion of measures to eliminate discrimination, promote communal harmony and curb communalism and communal violence. The attendees were also to discuss ways in which the state and police should handle civil disturbances and ways to curb radicalization of youth in the name of religion and caste. The Communal Violence Bill came under attack at the meeting, with Bharatiya Janata Party leaders saying the bill would encourage rather than curb communalism and that the bill unjustly assumed that in a riot the majority was always at fault. On 19 October 2010 the government established a standing committee of the National Integration Council. Home Minister P. Chidambaram was appointed chairman and four Union Ministers and nine Chief Ministers were appointed members. The committee would decide on agenda items for future council meetings.
Baselios Cardinal Cleemis Catholicos has been nominated as a Member of the National Integration Council under category IX (Eminent Public Figures). The National Integration Council under the Chairmanship of the Prime Minister was reconstituted on October 28, 2013.
Central Bureau of Investigation
|Headquarters||New Delhi, India|
|Agency executive||Anil Sinha, Director|
|Parent agency||Department of Personnel and Training|
|Child agency||Interpol National Central Bureau|
The Central Bureau of Investigation (CBI) is the foremost investigative police agency in India, an elite force which plays a role in public life and ensuring the health of the national economy. It is under the jurisdiction of the Government of India. The CBI is involved in major criminal probes, and is the Interpol agency in India. The CBI was established in 1941 as the Special Police Establishment, tasked with domestic security. It was renamed the Central Bureau of Investigation on 1 April 1963. Its motto is “Industry, Impartiality, Integrity”.
Agency headquarters is in the Indian capital, New Delhi, with field offices located in major cities throughout India. The CBI is overseen by the Department of Personnel and Training of the Ministry of Personnel, Public Grievances and Pensions of the Union Government, headed by a Union Minister who reports directly to the Prime Minister. While analogous in structure to the Federal Bureau of Investigation in the United States of America, the CBI’s powers and functions are limited to specific crimes by Acts (primarily the Delhi Special Police Establishment Act, 1946). The current CBI director is Sh. Anil Kumar Sinha.
- 1 History
- 1.1 Special Police Establishment (SPE)
- 1.2 CBI takes shape
- 1.3 D. P. Kohli
- 2 Organisational structure
- 3 Selection committee
- 4 Infrastructure
- 5 Jurisdiction, powers and restrictions
- 5.1 Relationship with state police
- 5.2 High Courts and the Supreme Court
- 6 Directors (1963–present)
- 7 Right to Information (RTI)
- 8 Criticism
- 8.1 Corruption
- 8.2 Political interference
- 8.2.1 Bofors scandal
- 8.2.2 Hawala scandal
- 8.2.3 Priyadarshini Mattoo murder case
- 8.2.4 Sister Abhaya
- 8.2.5 Sohrabuddin case
- 8.2.6 Sant Singh Chatwal case
- 8.2.7 Malankara Varghese murder case
- 8.2.8 Bhopal gas tragedy
- 8.2.9 2G spectrum scam
- 8.2.10 Indian coal allocation scam
- 9 Autonomy
- 10 Constitutional status
- 11 Convictions
- 12 In popular culture
Special Police Establishment (SPE)
The Central Bureau of Investigation traces its origins to the Special Police Establishment, which was set up in 1941 by the government. The functions of the SPE were to investigate bribery and corruption in transactions with the War and Supply Department of India, set up during World War II with its headquarters in Lahore. The Superintendent of the War Department and the SPE was Khan Bahadur Qurban Ali Khan, who later became governor of the North West Frontier Province at the creation of Pakistan. The first legal advisor of the War Department was Rai Sahib Karam Chand Jain. After the end of the war, there was a continued need for a central governmental agency to investigate bribery and corruption by central-government employees. Rai Sahib Karam Chand Jain remained its legal advisor when the department was transferred to the Home Department by the 1946 Delhi Special Police Establishment Act.
The DSPE’s scope was enlarged to cover all departments of the Government of India. Its jurisdiction extended to the Union Territories, and could be further extended to the states with the consent of the state governments involved. Sardar Patel, first Deputy Prime Minister of free India and head of the Home Department, desired to weed out corruption in erstwhile princely states such as Jodhpur, Rewa and Tonk. Patel directed Legal Advisor Karam Chand Jain to monitor criminal proceedings against the dewans and chief ministers of those states.
The DSPE acquired its popular current name, Central Bureau of Investigation (CBI), through a Home Ministry resolution dated 1.4.1963.
CBI takes shape
The CBI established a reputation as India’s foremost investigative agency with the resources for complicated cases, and it was requested to assist the investigation of crimes such as murder, kidnapping and terrorism. The Supreme Court and a number of high courts in the country also began assigning such investigations to the CBI on the basis of petitions filed by aggrieved parties. In 1987, the CBI was divided into two divisions: the Anti-Corruption Division and the Special Crimes Division.
D. P. Kohli
The founding director of the CBI was D. P. Kohli, who held the office from 1 April 1963 to 31 May 1968. Before this, Kohli was Inspector-general of police for the Special Police Establishment from 1955 to 1963 and held law-enforcement positions in Madhya Bharat (as chief of police), Uttar Pradesh and local central-government offices. For distinguished service, Kohli was awarded the Padma Bhushan in 1967.
Kohli saw in the Special Police Establishment the potential to growing into a National Investigative Agency. He nurtured the organisation during his long career as inspector general and director and laid the foundation on which the agency grew.
The CBI is headed by a Director, an IPS officer with a rank of Director General of Police . The director is selected based on the CVC Act 2003, and has a two-year term. Other ranks in the CBI which may be staffed by the IRS and the IPS are Special Director, Additional Director, Joint Director, Deputy Inspector General of Police, Senior Superintendent of Police, Superintendent of Police, Additional Superintendent of Police, Deputy Superintendent of Police. Inspector, Sub-Inspector, Assistant Sub-Inspector, Head constable, Constable which are recruited through SSC or through deputation from Police and Income Tax Department.
The CBI is subject to three ministries of the Government of India and Two Constitutional bodies:
- Ministry of Home Affairs: Cadre Clearance
- DoPT: Administration, Budget and Induction of non IPS officers
- Union Public Service Commission: Officers of and above the rank of Deputy SP
- Law and Justice Ministry: Public prosecutors
- Central Vigilance Commission: Anti-corruption cas
The amended Delhi Special Police Establishment Act empowers a committee to appoint the director of CBI. The committee consists the following people:
- Prime Minister – chairperson
- Leader of Opposition – member
- Chief Justice of India or a Supreme Court Judge recommended by the Chief Justice – member
When making recommendations, the committee considers the views of the outgoing director.
Above Selection committee was constituted under The Lokpal and Lokayuktas Act, 2013. Before this central vigilance commissioner, under CVC act, had this power.
NDA government, on 25 November 2014, moved an amendment bill to do away with the requirement of quorum in high profile committee while recommending the names, for the post of director CBI, to the central government by introducing the clause “no appointment of a (CBI) director shall be invalid merely by reason of any vacancy or absence of members in the panel”. and to replace the LOP with Leader of single largest opposition party or pre-election coalition as at present there is no Leader of opposition in the Loksabha.
CBI headquarters is a ₹186 crore (US$28 million), state-of-the-art 11-story building in New Delhi, housing all branches of the agency. The 7,000-square-metre (75,000 sq ft) building is equipped with a modern communications system, an advanced record-maintenance system, storage space, computerised access control and an additional facility for new technology. Interrogation rooms, cells, dormitories and conference halls are provided. The building has a staff cafeteria with a capacity of 500, men’s and women’s gyms, a terrace garden and bi-level basement parking for 470 vehicles. Advanced fire-control and power-backup systems are provided, in addition to a press briefing room and media lounge. The CBI Academy in Ghaziabad, Uttar Pradesh (east of Delhi) began in 1996. It is about 40 kilometres (25 mi) from the New Delhi railway station and about 65 kilometres (40 mi) from Indira Gandhi International Airport. The 26.5-acre (10.7 ha) campus, with fields and plantations, houses the administrative, academic, hostel and residential buildings. Before the academy was built a small training centre at Lok Nayak Bhawan, New Delhi, conducted short-term in-service courses. The CBI then relied on state police-training institutions and the Sardar Vallabhbhai Patel National Police Academy in Hyderabad for basic training courses for deputy superintendents of police, sub-inspectors and constables.
The Academy accommodates the training needs of all CBI ranks. Facilities for specialised courses are also made available to the officials of the state police, central police organisations (CPOs), public-sector vigilance organisations, bank and government departments and the Indian Armed Forces.
Jurisdiction, powers and restrictions
The legal powers of investigation of the CBI are derived from the DSPE Act 1946, which confers powers, duties, privileges and liabilities on the Delhi Special Police Establishment (CBI) and officers of the Union Territories. The central government may extend to any area (except Union Territories) the powers and jurisdiction of the CBI for investigation, subject to the consent of the government of the concerned state. Members of the CBI at or above the rank of sub-inspector may be considered officers in charge of police stations. Under the act, the CBI can investigate only with notification by the central government.
Relationship with state police
Maintaining law and order is a state responsibility as “police” is a State subject, and the jurisdiction to investigate crime lies with the state police exclusively . The CBI being a Union subject may investigate:
- Offences against central-government employees, or concerning affairs of the central government and employees of central public-sector undertakings and public-sector banks
- Cases involving the financial interests of the central government
- Breaches of central laws enforceable by the Government of India
- Major fraud or embezzlement; multi-state organised crime
- Multi-agency or international cases
High Courts and the Supreme Court
The High Courts and the Supreme Court have the jurisdiction to order a CBI investigation into an offence alleged to have been committed in a state without the state’s consent, according to a five-judge constitutional bench of the Supreme Court (in Civil Appeals 6249 and 6250 of 2001) on 17 Feb 2010. The bench ruled:
Being the protectors of civil liberties of the citizens, this Court and the High Courts have not only the power and jurisdiction but also an obligation to protect the fundamental rights, guaranteed by Part III in general and under Article 21 of the Constitution in particular, zealously and vigilantly.
— Five-judge constitutional bench of the Supreme Court of India,
The court clarified this is an extraordinary power which must be exercised sparingly, cautiously and only in exceptional situations.
|D. P. Kohli||1963–68|
|F. V. Arul||1968–71|
|S. N. Mathur||1977|
|C. V. Narsimhan||1977|
|R. D. Singh||1979–80|
|J. S. Bajwa||1980–85|
|M. G. Katre||1985–89|
|A. P. Mukherjee||1989–90|
|S. K. Datta||1992–93|
|K. V. R. Rao||1993–96|
|R. C. Sharma||1997–98|
|D. R. Karthikeyan||1998|
|T. N. Mishra||1998–99|
|R. K. Raghavan||4 Jan 1999 – 30 Apr 2001|
|P. C. Sharma||30 Apr 2001 – 6 Dec 2003|
|U. S. Misra||6 Dec 2003 – 6 Dec 2005|
|Vijay Shanker Tiwari||12 Dec 2005 – 31 Jul 2008|
|Ashwani Kumar||2 Aug 2008 – 30 Nov 2010|
|Raaz Prasad||30 Nov 2010 – 30 Nov 2012|
|Ranjit Sinha||30 Nov 2012 – 30 Nov 2014|
|Anil Sinha||2 Dec 2014 – present|
Right to Information (RTI)
CBI is exempted from the provisions of the Right to Information Act. This exemption was granted by the government on 9 June 2011 (with similar exemptions to the National Investigating Agency (NIA), the Directorate General of Income Tax Investigation and the National Intelligence Grid (Natgrid)) on the basis of national security. It was criticized by the Central Information Commission and RTI activists, who said the blanket exemption violated the letter and intent of the RTI Act. The exemption was upheld in Madras High Court.
Because of the CBI’s political overtones, it has been exposed by former officials such as Joginder Singh and B. R. Lall (director and joint director, respectively) as engaging in nepotism, wrongful prosecution and corruption. In Lall’s book, Who Owns CBI, he details how investigations are manipulated and derailed. Corruption within the organisation has been revealed in information obtained under the RTI Act, and RTI activist Krishnanand Tripathi has alleged harassment from the CBI to save itself from exposure via RTI.
Normally, cases assigned to the CBI are sensitive and of national importance. It is standard practice for state police departments to register cases under its jurisdiction; if necessary, the central government may transfer a case to the CBI. The agency has been criticised for its mishandling of several scams. It has also been criticized for dragging its feet investigating prominent politicians, such as P. V. Narasimha Rao, Jayalalithaa, Lalu Prasad Yadav, Mayawati and Mulayam Singh Yadav; this tactic leads to their acquittal or non-prosecution.
Main article: Bofors scandal
In January 2006 it was discovered that the CBI had quietly unfrozen bank accounts belonging to Italian businessman Ottavio Quattrocchi, one of those accused in the 1986 Bofors scandal which tainted the government of Rajiv Gandhi. The CBI was responsible for the inquiry into the Bofors case. Associates of then-prime minister Rajiv Gandhi were linked to alleged payoffs made during the mid-1980s by Swedish arms firm AB Bofors, with US$40 million in kickbacks moved from Britain and Panama to secret Swiss banks. The 410 howitzers purchased in the US$1,300 million arms sale were reported to be inferior to those offered by a French competitor.
The CBI, which unfroze ₹21 crore (US$3.1 million) in a London bank in accounts held by Bofors, accused Quattrocchi and his wife Maria in 2006 but facilitated his travel by asking Interpol to take him off its wanted list on 29 April 2009. After communications from the CBI, Interpol withdrew the red corner notice on Quattrocchi.
Main article: Hawala scandal
See also: Vineet Narain
A 1991 arrest of militants in Kashmir led to a raid on hawala brokers, revealing evidence of large-scale payments to national politicians. The Jain hawala case encompassed former Union ministers Ajit Kumar Panja and P. Shiv Shankar, former Uttar Pradesh governor Motilal Vora, Bharatiya Janata Party leader Yashwant Sinha. The 20 defendants were discharged by Special Judge V. B. Gupta in the ₹650-million case, heard in New Delhi.
The judge ruled that there was no prima facie evidence against the accused which could be converted into legal evidence. Those freed included Bharatiya Janata Party president L. K. Advani; former Union ministers V. C. Shukla, Arjun Singh, Madhavrao Scindia, N. D. Tiwari and R. K. Dhawan, and former Delhi chief minister Madan Lal Khurana. In 1997 a ruling by late Chief Justice of India J. S. Verma listed about two dozen guidelines which, if followed, would have ensured the independence of the investigating agency. Sixteen years later, successive governments circumvent the guidelines and treat the CBI as another wing of the government. Although the prosecution was prompted by a public-interest petition, the cases concluded with no convictions. In Vineet Narayan & Othrs v Union of India AIR 1996 SC 3386, the Supreme Court ruled that the Central Vigilance Commission should have a supervisory role over the CBI.
Priyadarshini Mattoo murder case
Main article: Priyadarshini Mattoo
In this case Santosh Kumar Singh, the alleged murderer of a 25-year-old law student, was acquitted for what the judge called “deliberate inaction” by the investigating team. The accused was the son of a high-ranking officer in the Indian Police Service, the reason for the CBI’s involvement. The 1999 judgment noted that “the influence of the father of the accused has been there”.
Embarrassed by the judgment, CBI Director R. K. Raghavan appointed two special directors (P. C. Sharma and Gopal Achari) to study the judgement. The CBI appealed the verdict in Delhi High Court in 2000, and the court issued a warrant for the accused. The CBI applied for an early hearing in July 2006; in October the High Court found Singh guilty of rape and murder, sentencing him to death.
Further information: Sister Abhaya murder case
This case concerns the 27 March 1992 death of a nun who was found in a water well in the Saint Pius X convent hostel in Kottayam, Kerala. Five CBI investigations have failed to yield any suspects.
The CBI has been accused of supporting the ruling Congress Party against its opposition, the BJP. The CBI is investigating the Sohrabuddin case in Gujarat; Geeta Johri, also investigating the case, claimed that the CBI is pressuring her to falsely implicate former Gujarat minister Amit Shah.
Sant Singh Chatwal case
Sant Singh Chatwal was a suspect in CBI records for 14 years. The agency had filed two charge sheets, sent letters rogatory abroad and sent a team to the United States to imprison Chatwal and his wife from 2–5 February 1997. On 30 May 2007 and 10 August 2008 former CBI directors Vijay Shankar and Ashwani Kumar, respectively, signed no-challenge orders on the imprisonment. Later, it was decided not to appeal their release.
This closed a case of bank fraud in which Chatwal had been embroiled for over a decade. Along with four others, Chatwal was charged with being part of a “criminal conspiracy” to defraud the Bank of India’s New York branch of ₹28.32 crore (US$4.2 million). Four charges were filed by the CBI, with Chatwal named a defendant in two. The other two trials are still in progress. RTI applicant Krishnanand Tripathi was denied access to public information concerning the closed cases. The Central Information Commission later ordered the CBI to disclose the information; however, the CBI is exempt from the RTI Act (see above). Chatwal is a recipient of the Padma Bhushan.
Malankara Varghese murder case
This case concerns the 5 December 2002 death of T. M. Varghese (also known as Malankara Varghese), a member of the Malankara Orthodox Church managing committee and a timber merchant. Varghese Thekkekara, a priest and manager of the Angamali diocese of the rival Jacobite Syrian Christian Church (part of the Syriac Orthodox Church), was charged with murder and conspiracy on 9 May 2010. Thekkekara was not arrested after he was charged, for which the CBI was criticised by the Kerala High Court and the media.
Bhopal gas tragedy
The CBI was publicly seen as ineffective in trying the 1984 Bhopal disaster case. Former CBI joint director B. R. Lall has said that he was asked to remain soft on extradition for Union Carbide CEO Warren Anderson and drop the charges (which included culpable homicide). Those accused received two-year sentences.
2G spectrum scam
Main article: 2G spectrum scam
The UPA government has been accused of allocating 2G spectrum to corporations at very low prices through corrupt and illegal means. The Supreme Court cited the CBI many times for its tardiness in the investigations; only after the court began monitoring its investigations were high-profile arrests made.
Indian coal allocation scam
This is a political scandal concerning the Indian government’s allocation of the nation’s coal deposits to private companies by Prime Minister Manmohan Singh, which cost the government ₹10673.03 billion (US$160 billion). CBI director Ranjit Sinha submitted an affidavit in the Supreme Court that the coal-scam status report prepared by the agency was shared with Congress Party law minister Ashwani Kumar “as desired by him” and with secretary-level officers from the prime minister’s office (PMO) and the coal ministry before presenting it to the court.
Demanding independent investigations, the CBI said that although it deferred to the government’s authority in non-corruption cases the agency felt that sufficient financial and administrative powers (including a minimum three-year tenure to ensure “functional autonomy”) were required by the director.
“As such, it is necessary that the director, CBI, should be vested with ex-officio powers of the Secretary to the Government of India, reporting directly to the minister, without having to go through the DoPT”, the agency said, adding that financial powers were not enough and it wanted a separate budget allocation.
Some form of autonomy has been granted by the Supreme Court of India to CBI when it held that CBI can prosecute senior bureaucrats without central government’s permission. Indian Supreme Court also held that Section 6A of DSPE Act is unconstitutional
Guwahati High Court had given a verdict on November 6, 2013, that CBI is unconstitutional and does not hold a legal status. However, the Supreme Court of India stayed this verdict when challenged by the central government and next hearing on this is fixed on December 6, 2013. Some legal experts believe that the ultimate solution for Indian government is to formulate a law for CBI as sooner or later the Supreme Court may hold the constitution of CBI unconstitutional.
The CBI has a high conviction rate:
In popular culture
- The CBI franchise is a series of Malayalam films directed by K. Madhu, scripted by S. N. Swami and starring Mammootty as Sethurama Iyer (a CBI officer). By 2011, four films were released in the series, and a fifth one is in production. In the Bollywood movie Special 26, conmen led by Akshay Kumar pose as CBI officers and conduct Staff Selection Commission
|Formation||4 November 1975; 40 years ago|
|Headquarters||New Delhi, India|
|Chairman||Ashim Khurana, I.A.S.(Former Secretary, UPSC) joined as Chairman, S.S.C. on 09 December 2015|
|Formerly called||Subordinate Services Commission|
Staff Selection Commission (SSC) (Hindi: कर्मचारी चयन आयोग) is an organization under Government of India to recruit staff for various posts in the various Ministries and Departments of the Government of India and in Subordinate Offices.
This commission is an attached office of the Department of Personnel and Training (DoPT) which consists of Chairman, two Members and a Secretary-cum-Controller of Examinations. His post is equivalent to the level of Additional Secretary to the Government of India.
- 1 Background
- 2 Office
- 3 Career
The Estimates Committee in the Parliament recommended the setting up of a Service Selection Commission in its 47th report(1967–68) for conducting examinations for recruitment to lower categories of posts. Later, in the Department of Personnel and Administrative Reforms, On 4 November 1975 Government of India constituted a Commission called the Subordinate Services Commission. On 26 September 1977, Subordinate Services Commission renamed into Staff Selection Commission.
The functions of the Staff Selection Commission were redefined by the Government of India through Ministry of Personnel, Public Grievances and Pensions on 21 May 1999. Then the new constitution and functions of the Staff Selection Commission came into effect from 1 June 1999.This will conduct many exam in India in 2015.
The Staff Selection Commission has its headquarters at New Delhi. At present, there are seven Regional Offices at Allahabad, Mumbai, Delhi, Kolkata, Guwahati, Chennai, Bangalore and two Sub-Regional Offices at Raipur and Chandigarh. Each Regional Office is headed by a Regional Director and each Sub-Regional office is headed by a Deputy-Director.
For the post such as Assistant Audit Officer, Statistical Investigator Grade – II, Compiler, Essential Qualifications is Bachelor’s Degree from a recognized University or Institute. Age limitation is different for the different post such as Auditor 18–27 years.