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Lokpal and Lokayukta (The Indian Ombudsman)

A. Origin and Recommendation

• The concept was recommended by the First Administrative Reforms Commission (ARC) in 1966.
• The Commission was led by Morarji Desai initially, then by K. Hanumanthaiah from 1967, and concluded in 1970.
• The institution of Ombudsman, on which the Lokpal is modeled, originated in Sweden in 1809.

B. Legislative History

• The first Lokpal Bill was introduced in Parliament in 1968.
• It was passed by the Lok Sabha in 1969 but lapsed in the Rajya Sabha.
• A significant version, the Lokpal Bill, 2011, was introduced on August 4, 2011. It was criticized as “weak” by civil society.
• The Lokpal and Lokayuktas Act, 2013 was finally enacted and came into force on January 1, 2014.

C. Appointment and Composition

• The first Lokpal of India was Justice Pinaki Chandra Ghose.
• The selection committee for the Lokpal is chaired by the Prime Minister and includes:
  • The Speaker of the Lok Sabha.
  • The Leader of the Opposition in the Lok Sabha.
  • The Chief Justice of India (or a nominated Supreme Court judge).
  • An eminent jurist.

D. State Lokayuktas

• Maharashtra was the first state to establish a Lokayukta in 1971.
• Uttarakhand was the first state to pass a new Lokayukta Bill in 2011.
• The Lokayukta in Uttar Pradesh submits its report to the Governor.
• The Chief Minister comes under the ambit of the Lokayukta Act in states like Gujarat, Maharashtra, Himachal Pradesh, Andhra Pradesh, Madhya Pradesh, Odisha, and Punjab.

E. Civil Society Involvement

• Key civil society members involved in drafting the bill included Anna Hazare, Shanti Bhushan, and N. Santosh Hegde.

National Human Rights Commission (NHRC) & State Human Rights Commission (SHRC)

A. Establishment and Legal Basis

• Established under the Protection of Human Rights Act (PHRA), 1993.
• The Act was initially promulgated as an ordinance by the President under Article 123 of the Constitution.
• Objective: To provide better protection of human rights by constituting the NHRC, SHRCs, and Human Rights Courts.

B. Composition and Appointment

• Chairperson: Must be a retired Chief Justice of India or a Judge of the Supreme Court.
• Appointment Committee for NHRC:
  • Prime Minister (Chairperson)
  • Speaker of the Lok Sabha
  • Minister of Home Affairs
  • Leader of the Opposition in the Lok Sabha
  • Leader of the Opposition in the Rajya Sabha
  • Deputy Chairman of the Rajya Sabha
  • Note: The Chairman of the Rajya Sabha is not a member.

C. Ex-Officio Members of NHRC

• The Chairpersons of the following are ex-officio members:
  • National Commission for Minorities
  • National Commission for Scheduled Castes
  • National Commission for Scheduled Tribes
  • National Commission for Women
• Note: The Chairperson of the Law Commission of India is not an ex-officio member.

D. Powers and Nature of NHRC

• The NHRC is a statutory body.
• Its powers are only recommendatory.
• For certain legal procedures, it is deemed to be a Civil Court.
• When investigating human rights violations by the armed forces (navy, military, air force), it must seek a report from the Central Government.
• The term “Public Servant” within the Act is defined in Section 2(M) of the PHRA, 1993.

E. Term of Office (NHRC)

• The Chairperson and members hold office for a term of 3 years or until they attain the age of 70 years, whichever is earlier.
• After tenure, they are not eligible for further government employment.

F. State Human Rights Commission (SHRC)

• Appointment: The Governor appoints the Chairperson and members based on the recommendation of a committee consisting of:
  • Chief Minister (Chairperson)
  • Speaker of the Legislative Assembly
  • State Home Minister
  • Leader of the Opposition in the Legislative Assembly
  • Note: The Governor is not a member of this committee.
• Functions: Can inquire into violations suo moto, visit jails, and review safeguards. However, it does not have the power to punish.
• Reporting: Submits its annual report to the State Government, which is then tabled before the state legislature.
• Vacancy: If the Chairperson’s office is vacant, the Governor can authorize a member to act as Chairperson.

G. Human Rights Courts

• The State Government can specify a court as a Human Rights Court.
• An advocate with not less than seven years of practice can be appointed as a Special Public Prosecutor (Section 31 of PHRA).

Other Important Commissions and Committees

A. Administrative Reforms Commissions

• First ARC (1966-1970): Recommended the establishment of Lokpal and Lokayukta.
• Second ARC: Recommended that the appointment of judges to higher courts should involve the Executive, Legislature, and the Chief Justice.

B. Backward Classes Commissions

• First Backward Classes Commission (Kaka Saheb Kalelkar Commission): Appointed in 1953.
• Mandal Commission: Constituted in 1979 under PM Morarji Desai. Chairman: B.P. Mandal. Submitted its report in 1980.

C. Other Significant Committees

• Vohra Committee (1993): Studied the nexus between politicians, criminals, and bureaucrats.
• Rajamannar Commission: Recommended the abolition of the IAS and IPS.
• Swaran Singh Committee (1976): Recommended constitutional amendments, forming the basis of the 42nd Amendment. It considered prioritizing Directive Principles over Fundamental Rights but recommended against a Presidential system.
• P.C. Hota Committee (2004): Constituted to recommend reforms for the Civil Services.
• Constitutional Review Commission (2000): Headed by Justice M.N. Venkatachaliah. Its report was recommendatory and not approved by Parliament.

Minorities in India

A. Recognized Minorities

• The government has officially notified six religious minorities: Muslims, Sikhs, Christians, Buddhists, Zoroastrians (Parsis), and Jains (Jains added in 2014).
• The Constitution recognizes both religious and linguistic minorities.

B. National Commission for Minorities (NCM)

• Granted statutory status in 1993 under the National Commission for Minorities Act, 1992.

Topic 5: Constitutional and Statutory Bodies (Comparative Context)

A. Constitutional Bodies (Established by the Constitution)

• Finance Commission (Centre and State)
• Election Commission
• State Election Commission
• Backward Classes Commission
• Public Service Commissions (PSCs):
  • The first Public Service Commission was established by the Government of India Act, 1919 (on October 1, 1926).
  • UPSC/SPSC Chairmen/Members are appointed by the President/Governor, respectively.
  • A member can be removed by the President only on the recommendation of the Supreme Court.
  • The expenses of an SPSC are charged to the Consolidated Fund of the State.
  • The first woman Chairman of the UPSC was Roze Millian Bethew (1992-1996).

B. Statutory Bodies (Established by an Act of Parliament)

• National Human Rights Commission (NHRC) – Protected by Human Rights Act, 1993.
• Central Information Commission: As per the RTI (Amendment) Act, 2019, the tenure is 5 years or until attaining 65 years of age.
• Central Vigilance Commission (CVC): Established in 1964 based on the K. Santhanam Committee report; granted statutory status in 2003.

C. Other Bodies

• National Development Council (NDC): Established in 1952.
• Central Pollution Control Board (CPCB): Chairman is appointed by the Central Government and must be an expert in environmental matters. It is not held by a constitutional functionary by default.
• Comptroller and Auditor General (CAG): The CAG (Amendment) Act, 1976, separated accounting from auditing. Since March 1, 1976, the CAG’s role has been primarily auditing.

D. National Commission for SCs and STs

• A 1990 report identified major causes of atrocities as land alienation, bonded labor, indebtedness, and non-payment of wages. Religious causes were not identified.

Know More About Lokpal and Important Commissions:

• Lokpal and Important Commissions – Old Year Questions
• Lokpal and Important Commissions One Liner Questions & Answers