Indian Polity — Extra-Constitutional Bodies
1. Introduction
- Extra-Constitutional Bodies are institutions not explicitly mentioned in the Constitution but established by acts of Parliament or executive resolutions.
- They play a crucial role in governance, accountability, and policy formulation.
KNOWLEDGE NUGGET
- Nature: Statutory / Non-Statutory / Executive
- Purpose: Specialised functions beyond constitutional framework
- Key Bodies: Lokpal, CVC, CIC, SIC, CBI, NIA, NHRC, NCW, NITI Aayog, etc.
2. Lokpal & Lokayukta
- Recommended by First Administrative Reforms Commission (1966-1970); Maharashtra appointed first Lokayukta (1971).
- Statutory bodies under Lokpal and Lokayukta Act, 2013. Lokpal at Centre, Lokayukta in States.
- Members: Multi-member body: Chairperson and up to 8 members (50% judicial). Minimum 50% from SC, ST, OBC, Minorities, and Women.
- Appointment: Lokpal: By President; Lokayukta: By Governor.
- Term: 5 years or age of 70; Removal and resignation: By President.
- Selection Committee: PM, Speaker, Opposition Leader, CJI/His Nominee, eminent jurist.
- Search Committee: Assists selection (50% from marginalised groups).
- Qualification: Judicial Members: Current/former SC judges or HC Chief Justices. Non-Judicial Members: Experts with 25+ years in anti-corruption, public administration, etc. Chairperson salary equivalent to CJI, members to SC judges.
- Function: Superintendence over investigating agencies, including CBI. Property attachment and confiscation powers. Timeline for enquiry, investigation, and trial. Enhanced punishment under Prevention of Corruption Act. Power to grant prosecution sanction.
- Jurisdiction: Covers PM, Ministers, MPs, Group A-D officers and includes government-financed institutions. Powers of a civil court; Concept originated in Sweden (1809).
LOKPAL — KEY POINTS
- Act: Lokpal and Lokayukta Act, 2013
- Chairperson: Former CJI or SC Judge
- Members: Up to 8 (50% judicial)
- Appointment: President (Lokpal) / Governor (Lokayukta)
- Term: 5 years or 70 years
- Jurisdiction: PM, Ministers, MPs, Group A-D officers
3. CVC, CIC & SIC
COMPARATIVE TABLE
| Attribute | CVC | CIC | SIC |
|---|---|---|---|
| Act | CVC Act, 2003 | RTI Act, 2005 | RTI Act, 2005 |
| Head | Chief Vigilance Commissioner | Chief Information Commissioner | State Chief Information Commissioner |
| Members | CVC + 2 CV Commissioners | CIC + up to 10 ICs | SCIC + up to 10 ICs |
| Appointment | President (PM, LoP, HM) | President (PM, LoP, Minister) | Governor (CM, LoP, Minister) |
| Term | 4 years / 65 years | Prescribed / 65 years | Prescribed / 65 years |
| Removal | President (SC inquiry for misconduct) | President (SC inquiry for misconduct) | Governor (specific grounds) |
CVC — KEY POINTS
- Established: 1964 (recommended by Santhanam Committee)
- Statutory Status: CVC Act, 2003
- Supervises: CBI in corruption cases
- Whistleblower Protection: Under WhistleBlowers Protection Act, 2014
- Powers: Civil court powers, All India Services, Group A officers, PSUs, Banks, RBI, LIC
4. Central Bureau of Investigation (CBI) & NIA
- CBI: Established in 1963 by a resolution of Ministry of Home Affairs, as recommended by the Santhanam Committee (1962-64). Non-statutory body, under the Ministry of Personnel as Attached office. Derives powers from the Delhi Special Police Establishment Act.
- Head: Director
- Appointment: 3-member committee: PM (Chair), Leader of Opposition (LS), CJI or SC Judge. In the absence of a recognized opposition leader, the largest opposition party leader becomes a member.
- Term: Fixed tenure of 2 years (CVC Act, 2003), extendable up to 5 years (annual extensions).
- Function: Investigates Corruption, economic offences, serious organised crimes (not terrorism). Functions as National Central Bureau for Interpol India. Assists CVC, Lokpal, and Lokayukta.
- General Consent: State consent required for jurisdiction; general consent allows CBI to operate without fresh approval for every case.
NIA — KEY POINTS
- Founded: 2009, under National Investigation Agency Act, 2008
- Nodal Ministry: Ministry of Home Affairs
- Head: Director-General
- Function: Counter-terrorism, human trafficking, counterfeit currency, cyber-terrorism
- NIA (Amendment) Act, 2019: Extends jurisdiction to offences committed outside India against Indian citizens. Allows designation of Special Courts for NIA-related trials.
- TFFC: Terror Funding and Fake Currency cell
CBI — KEY POINTS
- Established: 1963 (Santhanam Committee recommendation)
- Nature: Non-statutory body
- Under: Ministry of Personnel
- Director Term: 2 years (extendable up to 5 years)
- Appointment Committee: PM, LoP, CJI/SC Judge
- Powers: Delhi Special Police Establishment Act
5. Disaster Management Authorities
COMPARATIVE TABLE — NDMA, SDMA, DDMA
| Attribute | NDMA | SDMA | DDMA |
|---|---|---|---|
| Act | Disaster Management Act, 2005 | Disaster Management Act, 2005 | Disaster Management Act, 2005 |
| Head | Prime Minister | Chief Minister | District Magistrate/Collector |
| Members | Up to 9 (Chairperson + VC) | As prescribed | Up to 7 (with Chairperson) |
| Appointment | Nominated by PM | Nominated by CM | Appointed by State Govt. |
| Salary | CFI | CFS | CFS |
DISASTER MANAGEMENT — KEY POINTS
- History: 1999: High Powered Committee; 2001: National Committee post-Gujarat Earthquake; 2005: Disaster Management Act enacted after 2004 Tsunami.
- NDMA: Constituted in 2005 via executive order; notified in 2006.
- Nodal Ministry: Ministry of Home Affairs.
- Functions: Approve National Plan, establish guidelines for SDMAs, coordinate policy enforcement, recommend funding for mitigation.
6. NHRC & SHRC
COMPARATIVE TABLE — NHRC & SHRC
| Attribute | NHRC | SHRC |
|---|---|---|
| Act | Protection of Human Rights Act, 1993 | Protection of Human Rights Act, 1993 |
| Chairperson | Retired CJI or SC Judge | Retired CJI or HC Judge |
| Members | 5 Members + Ex-officio (NCBC, NCW, NCSC, NCST, NCPCR, NCM, PwDs) | 2 Members (HC Judge/District Judge + Expert) |
| Appointment | President (Selection Committee: PM, Speaker, Deputy Chairman RS, LoP LS & RS, HM) | Governor (Selection Committee: CM, Speaker SLA, Chairman SLC, LoP SLA & SLC, HM) |
| Term | 3 years / 70 years | 3 years / 70 years |
| Removal | President (insolvency, employment, unsound mind, misconduct) | Governor (similar grounds) |
NHRC — KEY POINTS
- Inquiry: Suo motu or by petition
- Powers: Civil court powers, own investigative staff
- Limitations: Cannot inquire into matters after 1 year of occurrence; recommendations only; no punitive powers
- Armed Forces: Limited role; recommendations only
- Human Rights Courts: Each district (with HC Chief Justice's approval)
7. NCW, NCPCR & NCM
COMPARATIVE TABLE — NCW, NCPCR, NCM
| Attribute | NCW | NCPCR | NCM |
|---|---|---|---|
| Act | NCW Act, 1990 | NCPCR Act, 2005 | NCM Act, 1992 |
| Nodal Ministry | Women and Child Development | Women and Child Development | Minority Affairs |
| Members | 5 Members (one SC, one ST) | 6 Members (at least 2 women) | Chairperson + VC + 5 Members |
| Term | 3 years | 3 years (max 2 terms) | 3 years |
NCW — KEY INITIATIVES
- Parivarik Mahila Lok Adalat: Established by NCW to assist District Legal Service Authority in resolving family disputes.
- Financial Aid: NCW provides financial aid to NGOs and State Women's Commissions to organise these Adalats.
- Issues Addressed: Rape, harassment, domestic violence.
- Powers: Civil court powers, summon witnesses, require documents.
NCPCR — KEY POINTS
- Established: 2007 (based on UN Convention on the Rights of the Child)
- Responsibilities: RTE Act 2009, POCSO Act 2012, Juvenile Justice Act 2015
- Children's Court: Established under 2005 Act for speedy trials.
- Special Public Prosecutor: Appointed for each court.
NCM — KEY POINTS
- Recognised Minorities (1993): Muslims, Christians, Sikhs, Buddhists, Zoroastrians
- Jains added: 2014
- Powers: Civil court powers, summon witnesses, require documents
- Reports: Annual and special reports to Centre, presented before Parliament
8. NITI Aayog
- Extra Constitutional Body, replaced Planning Commission in 2015 (not mentioned in constitution UPSC 2013) via a resolution of the Union Cabinet.
- Head: Prime Minister of India
- Members: Governing Council: Chief Ministers of States and UTs with legislatures, and Lt. Governors of UTs.
- Salary: Consolidated Fund of India (CFI)
- Regional Councils: Address region-specific issues.
- Special Invitees: Experts nominated by the Prime Minister.
- Vice Chairperson: Appointed by the Prime Minister, with the rank of Cabinet Minister.
- Full-time Members: Rank of Minister of State.
- Part-time Members: Max 2, from universities/research organisations.
- Ex-Officio Members: Max 4, from the Union Council of Ministers.
- CEO: Appointed by the Prime Minister.
- Functions: Designs policy frameworks, monitors progress, fosters cooperative federalism and a bottom-up approach, acts as a think tank.
- 7 Pillars: Pro-people, Pro-activity, Participation, Empowering, Inclusion of all, Equality & Transparency
- Hubs: Team India Hub (Centre-State interface) & Knowledge and Innovation Hub (Think-tank focus).
- Initiatives: 15-year roadmap and 7-year strategy, India@75 vision, Digital India, Atal Innovation Mission, SDG India Index, Composite Water Management Index, SATH Programme, Aspirational Districts Programme, Health Index.
- Guiding Principles: Antyodaya, Inclusion, Village Integration, Demographic Dividend, People's Participation, Governance, & Sustainability.
NITI AAYOG — QUICK FACTS
- Established: 2015 (replaced Planning Commission)
- Nature: Extra-Constitutional (via Cabinet Resolution)
- Chairperson: Prime Minister
- Vice Chairperson: Cabinet Minister rank
- CEO: Appointed by PM
- Governing Council: CMs and Lt. Governors
9. Law Commission of India
- Non-statutory advisory body established by the Central Government for fixed tenures.
- Head: Typically a serving/retired judge or legal expert
- Members: Includes full-time members, a member-secretary, and part-time members. Term: 3 years and salary from CFI.
- Member-Secretary: Typically an Indian Legal Service officer holding the rank of Additional Secretary/Secretary to the Government.
- Part-Time Members: Eminent legal professionals, scholars, or specialists in specific law areas.
- Function: Recommend legislative measures for law consolidation and codification. Identify and recommend repeal of outdated laws. Review laws. Advise the government on legal and judicial matters. Provide legal research for foreign countries. Powers to recommend legislative measures, summon witnesses, and require the production of documents. Reports undergo scrutiny by the full Commission before finalisation. Final reports are submitted to the Ministry of Law and Justice and then to Parliament.
- To date, the Commission has submitted 289 reports on various legal issues. 1st Law Commission 1955 under M.C. Setalvad. 22nd Law Commission currently headed by Justice Ritu Raj Awasthi (2020-2024).
LAW COMMISSION — KEY POINTS
- Nature: Non-statutory advisory body
- 1st Commission: 1955 (M.C. Setalvad)
- 22nd Commission: 2020-2024 (Justice Ritu Raj Awasthi)
- Reports Submitted: 289
- Term: 3 years
- Salary: Consolidated Fund of India
10. Bar Councils
COMPARATIVE TABLE — BCI & SBC
| Attribute | Bar Council of India (BCI) | State Bar Councils (SBC) |
|---|---|---|
| Act | Advocates Act, 1961 | Advocates Act, 1961 |
| Members | Elected + Ex-officio (AG, SG + one from each SBC) | Elected + Ex-officio (Advocate-General) |
| Functions | Set professional standards, supervise SBCs, promote legal education | Admit advocates, handle misconduct, promote rights of advocates |
| Powers | Civil court powers, summon witnesses, require documents | Regulate legal education and practice |
11. CCI & TRAI
COMPARATIVE TABLE — CCI & TRAI
| Attribute | Competition Commission of India (CCI) | Telecom Regulatory Authority of India (TRAI) |
|---|---|---|
| Act | Competition Act, 2002 | TRAI Act, 1997 |
| Head | Chairperson | Chairperson |
| Members | 5 Members | 6 Members |
| Functions | Promotes fair competition, investigates anti-competitive practices | Regulates telecom, ensures quality standards, promotes consumer interests |
12. NIC & NDC
COMPARATIVE TABLE — NIC & NDC
| Aspect | National Integration Council (NIC) | National Development Council (NDC) |
|---|---|---|
| Established | 1961 | 1952 |
| Objective | Promote national integration and communal harmony | Facilitate economic development and cooperative federalism |
| Composition | Chaired by PM; includes political leaders and social activists | Chaired by PM; includes CMs and Planning Commission members |
| Nature | Executive body | Executive body |
13. Home Guards & Consumer Commission
- Home Guards: Formed in December 1946 to assist police in civil disturbances and communal riots. Post-1962 Chinese aggression, the Centre advised states to unify existing voluntary organisations into the Home Guards. Established by state governments under respective state acts.
- Border Wing Home Guards (BWHG): 15 battalions raised in border states (Punjab, Rajasthan, Gujarat) to assist the Border Security Force.
- Consumer Commission: 3-tier redressal system under Consumer Protection Act, 2019:
- District Commission: President + 2 members; Jurisdiction: ≤ ₹1 crore (reduced to ₹50 lakhs in 2021)
- State Commission: President + 4 members; Jurisdiction: ₹1 crore to ₹10 crores (now ₹50 lakhs to ₹2 crores as of 2021)
- National Commission: Oversees State Commissions
HOME GUARDS — QUICK FACTS
- Established: December 1946
- Raising Authority: State Governments
- Roles: Auxiliary support, emergency response, community services
- BWHG: 15 battalions in border states
14. Summary: Extra-Constitutional Bodies at a Glance
| Body | Act/Year | Chairperson/Head | Key Function |
|---|---|---|---|
| Lokpal | 2013 Act | President (Chairperson) | Anti-corruption ombudsman |
| CVC | CVC Act, 2003 | Chief Vigilance Commissioner | Vigilance oversight |
| CIC | RTI Act, 2005 | Chief Information Commissioner | RTI appeals & penalties |
| CBI | 1963 (Executive) | Director | Corruption & economic offences |
| NIA | NIA Act, 2008 | Director-General | Counter-terrorism |
| NDMA | DM Act, 2005 | Prime Minister | Disaster management |
| NHRC | PHRA, 1993 | Retired CJI/SC Judge | Human rights protection |
| NITI Aayog | 2015 (Resolution) | Prime Minister | Policy think tank |
| Law Commission | 1955 (1st) | Justice Ritu Raj Awasthi (22nd) | Legal reform & codification |
| BCI | Advocates Act, 1961 | Chairperson (elected) | Legal profession regulation |
Key Takeaways for UPSC
- Extra-Constitutional Bodies: Not in Constitution but established by Acts or Executive Orders
- Lokpal: Anti-corruption ombudsman at Centre (2013 Act)
- CVC: Statutory body under CVC Act, 2003 — supervises CBI
- CIC/SIC: Under RTI Act, 2005 — enforce RTI compliance
- CBI: Non-statutory (1963) — derives powers from Delhi Special Police Establishment Act
- NIA: Statutory (2008) — counter-terrorism and scheduled offences
- NDMA/SDMA/DDMA: Under Disaster Management Act, 2005
- NHRC/SHRC: Under Protection of Human Rights Act, 1993
- NCW/NCPCR/NCM: Statutory commissions for women, children, minorities
- NITI Aayog: Replaced Planning Commission (2015) — think tank
- Law Commission: Non-statutory advisory body — 289 reports
- Bar Councils: Under Advocates Act, 1961 — BCI and SBCs
High-Yield Interactive UPSC Quiz (Extra-Constitutional Bodies)
Q1. Which committee recommended the establishment of the CVC?
Correct Answer: B. The Santhanam Committee (1962-64) recommended the establishment of the CVC.
Q2. The Lokpal and Lokayukta Act was enacted in which year?
Correct Answer: C. The Lokpal and Lokayukta Act was enacted in 2013.
Q3. Who appoints the Chief Information Commissioner?
Correct Answer: C. The President appoints the Chief Information Commissioner on the recommendation of a 3-member committee.
Q4. The CBI derives its powers from which Act?
Correct Answer: B. The CBI derives its powers from the Delhi Special Police Establishment Act.
Q5. What is the fixed tenure of the CBI Director as per the CVC Act, 2003?
Correct Answer: B. The CBI Director has a fixed tenure of 2 years as per the CVC Act, 2003, extendable up to 5 years.
Q6. The NIA was established under which Act?
Correct Answer: C. The NIA was established under the National Investigation Agency Act, 2008.
Q7. The NDMA is headed by:
Correct Answer: B. The Prime Minister is the ex-officio Chairperson of the NDMA.
Q8. The NHRC was established under which Act?
Correct Answer: B. The NHRC was established under the Protection of Human Rights Act, 1993.
Q9. Which commission was established based on the UN Convention on the Rights of the Child?
Correct Answer: B. The NCPCR (National Commission for Protection of Child Rights) was established in 2007 based on the UN Convention on the Rights of the Child.
Q10. Who is the head of the Law Commission of India?
Correct Answer: B. The Law Commission is headed by a serving/retired judge or legal expert.