โ๏ธ Chapter 02 ยท Topic 05 ยท Constitutional Bodies
NHRC, CIC & Other Commissions
National Human Rights Commission, Central Information Commission, NCW, NCSC, NCST, NCBC โ composition, functions, and key facts.
๐ค NHRC โ National Human Rights Commission
- Established under the Protection of Human Rights Act, 1993
- Composition: Chairperson (retired Chief Justice of India) + members (retired SC judges + experts in human rights)
- Appointed by the President on the recommendation of a committee: PM + Speaker of Lok Sabha + Home Minister + Leaders of Opposition in both Houses
- Tenure: 3 years or 70 years of age, whichever is earlier
- Not eligible for reappointment
- Removal: by the President on grounds of proved misbehaviour or incapacity (after SC inquiry)
๐ Functions of NHRC
- Inquires into complaints of violation of human rights or abetment thereof
- Intervenes in proceedings before courts relating to human rights violations
- Visits jails and detention centres to study conditions of inmates
- Reviews laws, treaties, and international instruments on human rights
- Promotes human rights literacy and awareness
- NHRC cannot investigate complaints more than 1 year old
- NHRC can only make recommendations โ it cannot enforce them
- NHRC cannot investigate complaints against the Armed Forces
- State Human Rights Commissions (SHRCs) exist at the state level
๐ CIC โ Central Information Commission
- Established under the Right to Information (RTI) Act, 2005
- Composition: Chief Information Commissioner (CIC) + Information Commissioners (up to 10)
- Appointed by the President on the recommendation of a committee: PM + Cabinet Minister nominated by PM + Leader of Opposition in Lok Sabha
- Tenure: 5 years or 65 years of age, whichever is earlier
- Not eligible for reappointment
- Functions: hears second appeals and complaints under the RTI Act; imposes penalties on Public Information Officers (PIOs)
- RTI Act applies to all public authorities โ Central and State governments, PSUs, bodies substantially financed by government
- State Information Commissions (SICs) exist at the state level
โญ RTI Act 2005 โ Key Provisions: Any citizen can request information from a public authority. The PIO must respond within 30 days (48 hours if life/liberty is involved). First appeal to the First Appellate Authority within 30 days. Second appeal to the CIC/SIC within 90 days. Penalty for non-compliance: โน250/day up to โน25,000. Compensation to complainant possible. Certain exemptions: national security, cabinet papers, personal information, trade secrets, etc.
๐๏ธ Other Important Statutory Commissions
| Commission | Act | Chairperson | Key Function |
|---|---|---|---|
| NCW (National Commission for Women) | NCW Act 1990 | Appointed by Central Govt | Safeguard rights of women; review laws; investigate complaints |
| NCSC (National Commission for Scheduled Castes) | Article 338 | Appointed by President | Safeguard interests of SCs; investigate complaints; advise on SC welfare |
| NCST (National Commission for Scheduled Tribes) | Article 338A | Appointed by President | Safeguard interests of STs; investigate complaints; advise on ST welfare |
| NCBC (National Commission for Backward Classes) | Article 338B | Appointed by President | Safeguard interests of OBCs; examine complaints; advise on OBC welfare |
| NCPCR (National Commission for Protection of Child Rights) | CPCR Act 2005 | Appointed by Central Govt | Protect rights of children; examine complaints; review laws |
| NCMEI (National Commission for Minority Educational Institutions) | NCMEI Act 2004 | Appointed by Central Govt | Protect educational rights of minorities |
๐ NCSC, NCST, NCBC โ Constitutional Status: The National Commission for Scheduled Castes (NCSC) is established under Article 338 of the Constitution. The National Commission for Scheduled Tribes (NCST) is under Article 338A (added by 89th Amendment, 2003). The National Commission for Backward Classes (NCBC) is under Article 338B (added by 102nd Amendment, 2018). These are constitutional bodies โ unlike NCW and NCPCR which are statutory bodies.
โ Revision Checklist
โ
NHRC = Protection of Human Rights Act 1993 = retired CJI as Chairperson
โ NHRC tenure = 3 years or 70 years = not eligible for reappointment
โ NHRC cannot investigate complaints more than 1 year old
โ NHRC cannot investigate complaints against Armed Forces
โ CIC = RTI Act 2005 = 5 years or 65 years = hears second appeals
โ RTI response time = 30 days (48 hours if life/liberty involved)
โ Penalty for non-compliance = โน250/day up to โน25,000
โ NCSC = Article 338; NCST = Article 338A; NCBC = Article 338B
โ NCW = NCW Act 1990 = statutory body
โ NCPCR = CPCR Act 2005 = child rights
โ NHRC tenure = 3 years or 70 years = not eligible for reappointment
โ NHRC cannot investigate complaints more than 1 year old
โ NHRC cannot investigate complaints against Armed Forces
โ CIC = RTI Act 2005 = 5 years or 65 years = hears second appeals
โ RTI response time = 30 days (48 hours if life/liberty involved)
โ Penalty for non-compliance = โน250/day up to โน25,000
โ NCSC = Article 338; NCST = Article 338A; NCBC = Article 338B
โ NCW = NCW Act 1990 = statutory body
โ NCPCR = CPCR Act 2005 = child rights