Key Statutory National Commissions Compared

Statutory commissions in India are created by Acts of Parliament to protect civil, social and economic rights. Their composition, powers, tenure and reporting structure are fixed by the parent law, so they differ from constitutional bodies in both status and mandate.

Comparative Overview

Human Rights, Women and Minority Protection

The National Human Rights Commission (NHRC), National Commission for Women (NCW) and National Commission for Minorities (NCM) are important statutory bodies for protecting vulnerable sections and examining rights-related issues. Their powers and composition flow from their respective Acts.

• NHRC: Established under the Protection of Human Rights Act, 1993.
• NCW: Established under the National Commission for Women Act, 1990.
• NCM: Established under the National Commission for Minorities Act, 1992.
• NHRC recommending committee: Prime Minister, Lok Sabha Speaker, Deputy Chairman of Rajya Sabha, Leaders of Opposition in both Houses, and Union Home Minister.
• NHRC deemed members: Heads of NCW, NCM, NCPCR, NCSC, NCST, NCBC, and the Chief Commissioner for Persons with Disabilities (CCPD).
• NCW representation: At least one member must be from the Scheduled Castes and one from the Scheduled Tribes.
• NCM composition rule: At least five members, including the Chairperson, must belong to the six notified minority communities.

Child Rights and Environmental Adjudication

The NCPCR and NGT deal with specialised areas of public concern. The NCPCR safeguards child rights, while the NGT provides a dedicated forum for environmental disputes and related relief.

• NCPCR: Created under the Commissions for Protection of Child Rights (CPCR) Act, 2005.
• NCPCR term limit: Chairperson and members can serve a maximum of two terms.
• NCPCR gender rule: At least two female members are required.
• NGT: Established under the National Green Tribunal Act, 2010 as a specialised judicial body.
• NGT composition: 10 to 20 Judicial Members and 10 to 20 Expert Members.
• NGT term: Members are appointed for a non-renewable term of five years.
• NGT disposal period: Applications or appeals should ordinarily be disposed of within six months.

Transparency and Anti-Corruption Watchdogs

The CIC and CVC are key statutory watchdogs for transparency and vigilance. The CIC is linked to the RTI Act, while the CVC gained statutory status in 2003 after functioning earlier as an executive body.

• CIC: Created under the Right to Information Act, 2005.
• CIC selection committee: Prime Minister, Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister.
• CVC: Given statutory backing by the Central Vigilance Commission Act, 2003.
• CVC origin: Related to the Santhanam Committee recommendations.
• CVC appointment panel: Prime Minister, Minister of Home Affairs, and Leader of Opposition in the Lok Sabha.

Statutory Commissions and Constitutional Bodies

It is important to distinguish statutory commissions from constitutional commissions. The former are created by ordinary legislation, while the latter derive their authority directly from the Constitution.

• NCSC: A constitutional body under Article 338.
• NCST: A constitutional body under Article 338A.
• NCBC: A constitutional body under Article 338B.
• NCBC status: Gained constitutional backing through the 102nd Amendment Act, 2018.
• Key distinction: Statutory commissions can be altered by ordinary law, whereas constitutional bodies require constitutional provisions or amendments.

Key Prelims Takeaways

• NHRC: Works under the Protection of Human Rights Act, 1993 and is headed by a chairperson appointed through a multi-member selection process.
• DoPT-linked bodies: Both the CIC and CVC are administratively linked to the Department of Personnel and Training.
• NCPCR age limits: Chairperson up to 65 years; members up to 60 years.
• NGT’s special status: It is a specialised tribunal, not a regular court, and follows principles of natural justice.
• RTI amendment: The RTI (Amendment) Act, 2019 reduced the tenure of Information Commissioners from 5 years to 3 years.
• NHRC membership: Includes heads of several other rights commissions as deemed members.
• Constitutional vs statutory: NCSC, NCST and NCBC are constitutional bodies, not statutory commissions.