Central vigilance commissioner[23]

It is not only true, but an inevitable fact that a Constitution when written for the first time by any country can neither comprehend all the future contingencies that a country might face nor can it anticipate the ever-changing dynamics of the society and the socio-political landscape of the country. It is thus, not possible in a Constitution to provide for all possible structures, bodies and functionaries for all times to come and accord them a Constitutional protection right there in the Constitution when it is written. As such, a Constitution generally empowers the federal legislature to create such bodies or functionaries as and when a need arise keeping in view the prevailing socio-economic or politico-administrative conditions in the country. This is the reason that a diverse kind of such statutory bodies have cropped up in almost every country having a written Constitution to dispense with the most vital task and responsibilities that it might incur upon owing to its donning on the mantle of a welfare state after being transformed from an era of lassiez- faire state.

Traversing the path of a similar transformation besides fulfilling the Constitutional mandate of being a welfare state, many such statutory bodies have seen their birth in India as well, ever since the commencement of the Constitution, some of which are being reproduced herein below:

National Commission for Women

It was established in January 1992 under the provisions of the National Commission for Women Act 1990.

Functions:

1.      To study and monitor constitution and other laws relating to women.

2.      To review existing legislation concerning the rights of women.

3.      To investigate complaints concerning the rights of women, either suomotu or on a petition presented to it.

In order to discharge its functions, the Commission has the powers of a civil court to take evidence and issue summons.

The Commission has produced legal literacy manuals to educate women in their basic rights. Since its inception, many issues and incidents have been taken up by the Commission. Similar Commissions are also being set up at the State level.

National Commission for Minorities

Although adequate safeguard are provided in the Constitution and the laws in force, still feelings of insecurity and inequality persist amongst the minorities. In order to preserve secular traditions and to promote national integration, the Government of India attaches utmost importance to the enforcement of the safeguards provided to minorities.

For this purpose, Government of India constituted a Minorities Commission in 1978, headed by a Chairman who is aided by a Vice-Chairman and five other members. It is headquartered in New Delhi. It got statutory status upon the passage of The National Commission for Minorities Act, 1992.

Functions:

1.      Evaluate the progress of the development of Minorities under the Union and States.

2.      Monitor the working of the safeguards provided in the Constitution and in laws enacted by Parliament and the State Legislatures.

3.      Make recommendations for the effective implementation of safeguards for the protection of the interests of Minorities by the Central Government or the State Governments.              

4.      Look into specific complaints regarding deprivation of rights and safeguards of the Minorities and take up such matters with the appropriate authorities.

5.      Cause studies to be undertaken in problems arising out of any discrimination against Minorities and recommend measures for their removal.

6.      Conduct studies, research and analysis on the issues relating to socio-economic and educational development of Minorities.

7.      Suggest appropriate measures in respect of any Minority to be undertaken by the Central Government or the State Governments.

8.      Make periodical or special reports to the Central Government or any matter pertaining to Minorities and in particular the difficulties confronted by them.

9       Any other matter, which may be referred to it by the Central Government.

The Act also provides that the Commission will enjoy the powers of a civil court during the course of the performance of its functions.

The Central Government has notified five communities as ‘minority communities’. They are Muslims, Christians, Sikhs, Buddhists and Zoroastrians, Each community is represented in the Commission by a prominent member of that Community.

Powers:

The Commission shall, while performing its functions has all the powers of a civil court trying a suit and in particular, in respect of the following matters, namely:

1.      summoning and enforcing the attendance of any person from any part of India and examining him on oath;

2.      requiring the discovery and production of any document;

3.      receiving evidence on affidavits;

4.      requesting any public record or copy thereof from any court of office;

5.      issuing commissions for the examinations of witnesses and documents; and

6.      any other matter which may be prescribed.

The advice of the Commission shall ordinarily be binding upon the Central Government.

National Commission for the Protection of Child Rights:

The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007 under the Commission for Protection of Child Rights Act 2005.

The Act provides for the Constitution of both a National and State Commission for protection of Child rights in every State and Union Territory.

Functions

1.      Examine and review the legal safeguards provided by or under any law for the protection of child rights and recommend measures for their effective implementation.

2.      Prepare and present annual and periodic reports upon the working of these safeguards.

3.      Inquire into violations of child rights and recommend initiation of proceedings where necessary.

4.      Undertake periodic review of policies, programmes and other activities related to child rights in reference.

5.      Spread awareness about child rights among various sections of society.

6.      Establish Children’s Courts for speedy trial of offences against children or of violation of Child Rights.

The Commission’s Mandate is to ensure that all Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with the Child Rights Perspective as enshrined, in the Constitution of India and the UN Convention on the Rights of the Child.

The Child is defined as a person in the 0 to 18 years age group. In order to touch every child, it seeks a deeper penetration to communities and households.

Central Vigilance Commission

The Central Vigilance Commission (CVC) is the main agency for preventing corruption in the Central government. It was established in 1964 by an executive resolution of the Central government. Its establishment was recommended by the Santhanam Committee on Prevention of Corruption (1962-64). Recently, in September 2003, the Parliament enacted a law conferring statutory status on the CVC.

Composition

The CVC is a multi-member body consisting of a Central Vigilance Commission (chairperson) and not more than two vigilance commissioners. They are appointed by the president by warrant under his hand and seal on the recommendation of a three-member committee consisting of the prime minister as its head, the Union minister of home affairs and the Leader of the Opposition in the LokSabha. They hold office for a term of four years affairs and the Leader of the Opposition in the Lok sabha. They hold office for a term of four years or until they attain the age of sixty five years, whichever is earlier. After their tenure, they are not eligible for further employment under the Central or a State Government.  

The salary, allowances and other conditions of service of the Central Vigilance Commissioner are similar to those of the Chairman of UPSC and that of the vigilance commissioner are similar to those of a member of UPSC. But they cannot be varied to his disadvantage after his appointment.

Functions of CVC:

1.      To inquire or cause an inquiry or investigation to be conducted on basis of a complaint or on a reference made by the Central government wherein it is alleged that a public servant being an employee of the Central government or its authorities has committed an offence under the Prevention of Corruption Act, 1988.

2.      To exercise superintendence over the functioning of Delhi Special Police Establishment (which is a part of Central Bureau of Investigation) in so far as it relates to the investigation of offences alleged to have been committed under the Prevent of Corruption act, 1988.

3.      To tender advise to the Central government and its authorities on such matters as are referred to it by them including in making rules and regulations governing the vigilance and disciplinary matters relating to the members of central services and All-India Services.            

4.      To exercise superintendence over the vigilance administration in the ministries of the Central government or its authorities.

Working

The CVC conducts its proceedings at its headquarters (New Delhi). It is vested with the power to regulate its own procedure. It has all the powers of a civil court and its proceedings have a judicial character. It may call for information or report from the Central government or its authorities so as to enable it to exercise general supervision over the vigilance and anti-corruption work in them.

The CVC, on receipt of the report of the inquiry undertaken by any agency on a reference made by it, advises the Central government or its authorities as to the further course of action. The central government or its authorities shall consider the advice of the CVC and take appropriate action. However, where the Central government or any of its authorities does not agree with the advice of the CVC, it shall communicate the reasons (to be recorded in writing) to the CVC.

The CVC has to present annually to the president a report on its performance. The president places this report before each House of Parliament.

The CBI is headed by a Director. He is assisted by Special director or Additional Director. Additionally, it has a number of joint directors, deputy inspector generals, superintendents of police and all other usual ranks of police personnel.

Information Commissions

Right to Information Act (RTI)

Right to Information means the freedom of people to have access to government information. It implies that the citizens and non-governmental organizations should enjoy a reasonably free access to all files and documents pertaining to the governmental operations, decisions, and performance. In other words, it means openness and transparency in the functioning of government. Thus, it is antithetical to secrecy in public administration.

The right to information is necessary due to the following reasons:

• It makes administration more accountable to people.
• It reduces the gap between administration and people.
• It makes people aware of administrative decision-making.
• It facilitates better delivery of goods and services to people by civil servants.
• It facilitates intelligent and constructive criticism of administration.
• It increases people’s participation in administration.
• It promotes public interest by discouraging arbitrariness in administrative decision-making.
• It reduces the scope for corruption in public administration.
• It upholds the democratic ideology by promoting openness and transparency in administration.
• It makes administration more responsive to the requirements of people.
• It reduces the chance of abuse of authority by the public servants. 

Sweden was the first country in the world to introduce the right to information way back in 1766. In this country, access to government documents is a right and non-access an exception.

Position in India:

In India, various law and rules restrict the disclosure of official information to the people and thus favours secrecy in administration. The Fifth Pay Commission (1994-1997) recommended for the abolition of the Official Secrets Act and Introduction of Right to Information Act.

In 2005, the Parliament has enacted a new legislation – the Right to Information Act (2005). Its various provisions are mentioned below:

1.      It provides for the appointment of an information officer in each department to provide information to the public on request.

2.      It fixes a 30-day deadline for providing information; deadline is 48 hours if information concerns life or liberty of a person.

3.      Information will be free for people below poverty line. For others, fee will be reasonable.

4.      The Act imposes obligation on public agencies to disclose the information suo-motu to reduce requests for information.

5.      Government bodies have to publish details of staff payments and budgets.

6.      It provides for the establishment of a Central Information Commission and State Information Commissions to implement the provisions of the Act.

7.      They will be independent high-level bodies to act as appellate authorities and vested with the powers of a Civil Court.

8.      The President will appoint a Chief Information Commissioner and governor of state will appoint state information commissioners.

9.      Their term will be five years.

10.    The Chief Information Commissioner (on par with the status currently  accorded to the chief election commissioner) will be selected by a panelcomprising the prime minister, leader of the Opposition in the LokSabha    and a minister nominated by the prime minister.

11.    The Chief Information Commissioner and State Information Commissioner will publish an annual report on the implementation of the Act. These reports will be tabled before Parliament and state legislature.

12.    The Act overrides the official Secrets Act, 1923. The information commissions can allow access to the information if public interest outweighs harm to protected persons.

13.    It carries strict penalties for failing to provide information or affecting its flow. The erring officials will be subject to departmental proceedings.

14.    The information commission shall fine an official Rs 250 per day (subject to a maximum of Rs.25,000) if information is delayed without reasonable cause beyond the stipulated 30 days.

15.    The procedure of appeal in case the information is denied is like this – first appeal to superior of public information officer, second appeal to information commission, and third appeal to a high court under their writ jurisdiction.

16.    Its purview does not extend to intelligence and security organizations like intelligence Bureau, RAW, BSF, CISF, NSG and so on. However, information pertaining to allegations of corruption of violation of human rights by these organizations will not be excluded.

17.    All categories of exempted information to be disclosed after 20 years except cabinet deliberations and information that affects security, strategic, scientific or economic interests, relations with foreign states or leads to incitement of offence.

Even before the Central legislation was passed, some of the states have introduced their own right to information legislation.         

Equal Opportunities Commission

The setting up of the Equal Opportunities Commission was suggested by Sacchar Committee, which submitted detailed report about the backwardness of the Muslims. Such a commission was necessary in the country since many people were suffering unequal treatment. It will be watchdog to ensure level playing field for deprived groups.

The Committee derived the model of setting up of Equal Opportunities Commission from the UK model which has Race Relations Act 1976. The proposed legislation while providing a redressal mechanism for different types of discrimination, will give a further re-assurance to the minorities that any unfair action against them will invite vigilance of law.

Features

The commission will consist of a chairperson and two deputies, all from different walks of life, but with the seniority and authority comparable to High Court and Supreme Court judges. Regional commissions will be formed all over the country.

People can approach the equal opportunities commission in case of denial of benefits because of sex, religion, caste, race, birthplace, language, descent etc. The commission with a statutorystatus will act as a common forum, which people from all walks of life can approach for the redressal of their grievances. Commission will not only act as a grievances cell, it will have enormous powers. It will act as a civil court, to conduct socio-legal audits and will have the power to inspect and penalize those not following the guidelines. It will be entitled to summon anyone and conduct an investigation in public and private sector organizations.

Employment education and housing will be three major areas of focus for the EOC. The Commission’s focus will be two-fold. The panel will ensure equal opportunity for socially weak groups like dalits, backwards, minorities in education and workplaces in both government and private sector. A diverse institution – measured against a ‘diversity index’ and on ‘good practices code’ – would get better benefits from the state. Housing projects would be another major area of focus to bring about social inclusion.