Election Commission of India 

The Election Commission of India is central to the idea of a successful democracy. Especially with respect to a country as large and as vast like India, both in terms of size and diversity, it becomes imperative to be well prepared with respect to all the important aspects of this institution for the Civil Services 2019 preliminary as well as mains examination.

What is Election Commission?

The Election Commission of India was established in 1950. It is an autonomous constitutional body which oversees the conduct of free and fair elections in the country. It administers control on the election conducted for the Rajya Sabha, Lok Sabha, State Legislative councils, assemblies as well as the President and Vice-President.

The election commission has been entrusted these responsibilities under Article 324 and the People’s Representation Act 1951. The commission is empowered under the Constitution of India to act appropriately whenever prevalent laws prove insufficient to conduct an election under certain conditions.

Election Commission Powers

The powers of the Election Commission are defined in the following articles of the Indian Constitution:

• Article 324: Superintendence, control and direction of national and state level elections are to be directly handled by the ECI
• Article 325: Inclusion and exclusion of names in electoral rolls are based on Indian Citizenship. No citizen of India above the voting age should be excluded from the rolls or included in a special electoral roll based on any criteria such as race, caste, religion or sex.
• Article 326: Defines universal adult franchise as the basis for elections to all levels of the elected government.
• Article 327: Defines responsibilities of the ECI and parliament for the conduct of national elections.
• Article 328: Defines the role and responsibilities of the state legislatures with respect to state level elections.
• Article 329: Prohibits court interference in matters related to elections unless specifically asked to provide their views.

The powers of the Election Commission can be studied under three headings :

• Administrative Powers
• Advisory Powers
• Quasi-Judicial Powers

Let us discuss each of them one by one.

Administrative Powers of the Election Commission

• The commission has been empowered to function in accordance to the Delimitation Commission Act and define the territorial boundaries of electoral constituencies for different elections.
• It has been given powers to register and deregister any political party or entity.
• It is empowered to enforce the ‘Model Code of Conduct’ for election campaigns and ensures its implementation.
• It is empowered to keep a check on the election expenses of the political parties. This ensures a level playing field for all the political parties irrespective of their size and thus the capacity to spend.
• It has the power to appoint officers as election observers and expenditure observers from different departments of the Civil Services.

Advisory Powers of the EC:

• The Commission is empowered to advise the President of India regarding disqualification of the members of Parliament and the conditions for the same.
• The Commission also advises the Governors with respect to the disqualifications of members of the State Legislatures
• It advises the High Courts and Supreme Court in matters related to post-election disputes between candidates and political parties.

Note: The post-election disputes related to the election of President and Vice President go to the Supreme Court. Disputes regarding the Parliament and the State Legislatures are referred to the High Courts.

Election Commission Quasi-Judicial Powers

• The Election Commission is empowered to settle disputes regarding recognition granted to political parties and candidates.
• It has the powers to act as a court for matters related to disputes arising out of the allotment of election symbols to political parties and candidates. No two election symbols are the same, even in different regions.
• It must be noted that the elections with respect to the election of Panchayats and Municipalities are carried out under the supervision of the State Election Commission. The State Election Commissions are in turn advised by the ECI and are answerable to it.

The ECI is one of the few constitutional authorities which have the freedom to operate autonomously. Other such bodies are the Comptroller and Auditor General (CAG) of India’s Office, Higher judiciary such as the High Courts and Supreme Court and the Union Public Service Commission. It is an important part of Public Administration as well as General Studies. The commission is also a very important institution covered by Indian Polity and IAS aspirants should stay abreast of the latest developments related to it.

Constitutional, Statutory and Quasi-Judicial Bodies

There are multiple types of government bodies in India, that we hear on a daily basis in the news. They are very important for the UPSC exam since many of them play vital roles in Indian polity and economy. In this article, you can read about constitutional, statutory, quasi-judicial, judicial and regulatory bodies.

Constitutional Bodies

Constitutional bodies are important bodies in India that derive their powers and authorities from the Indian Constitution.

• They are specifically mentioned in the Constitution, meaning they have dedicated articles.
• Any change in the mechanism of these bodies would require a constitutional amendment.
• Important bodies such as the Finance Commission, the UPSC, the Election Commission, the CAG, National Commissions for SCs and STc, etc. are constitutional bodies.

Statutory Bodies

These are non-constitutional bodies as they do not find any mention in the Constitution.

• They are also important bodies due to their function.
• They are created by an Act of Parliament.
• They are called ‘statutory’ since statutes are laws made by the Parliament or the legislature.
• Since these bodies derive their power from statutes or laws made by the Parliament, they are known as statutory bodies.
• For example, the Securities and Exchange Board of India (SEBI) is a statutory body. It was set up in 1988 and was given statutory powers in 1992 through the passing of the SEBI Act, 1992.
• Other examples: NHRC, Unique Identification Authority of India (UIDAI), Central Vigilance Commission (CVC), Central Information Commission, etc.

Regulatory Bodies

Regulatory bodies are public or government agencies responsible for exercising autonomous authority over some area of human activity in a regulatory or supervisory capacity.

• Some regulatory bodies are independent, which means they are independent from any branch of the government.
• They are set up to enforce safety and standards.
• They have the charge of establishing norms of a particular area of human activity, and also supervising the bodies employed in that activity.
• They are established by legislative acts. 
• Examples of regulatory body are given in the table below:

Important Regulatory Bodies in India

Regulatory Body	Sector
SEBI	Securities and capital market
RBI	Banking, monetary policy and finance
NABARD	Financing rural development
Insurance Regulatory and Development Authority of India (IRDAI)	Insurance
Pension Fund Regulatory & Development Authority (PFRDA)	Pension
National Housing Bank (NHB)	Housing finance
SIDBI	Financing MSME
Telecom Regulatory Authority of India (TRAI)	Telecom and tariffs
Central Board of Film Certification	Film certification and censorship
Food Safety and Standards Authority of India (FSSAI)	Food safety
Bureau of Indian Standards (BIS)	Standards and certification
Board of Control for Cricket in India (BCCI)	Cricket

Executive Bodies

These bodies are non-constitutional and non-statutory. 

• They are not mentioned in the Constitution.
• They are also not established by an act of Parliament.
• They are formed by executive resolution or action, which means that they are formed by the government’s action only.
• They can be converted into a statutory body by enacting a law. For example, the UIDAI was made into a statutory body after it was established by enacting a new law.
• Examples of executive bodies: the now-defunct Planning Commission, the NITI Aayog, National Law Commission, etc.

Judicial Bodies

Judicial bodies are courts in India. Their chief objective is to provide justice by following the laws of the land.

Quasi-judicial Bodies

A quasi-judicial body can be an individual or body with powers resembling a court of law.

• They can adjudicate and decide penalties on the guilty.
• They are different from judicial bodies in that their field is limited compared to a court.
• They can be formed on a matter pending in court, by a court order if the court considers it necessary; the court reserves the right to appoint members of such a body.
• They can be tribunals for a specific domain, or like an arbitrator.
• Quasi-judicial bodies have adjudicating powers in such matters as:
  • Breach of discipline
  • Trust in money matters or otherwise
  • Conduct rules
• Their authority is limited to specific areas like:
  • Financial markets
  • Land use and zoning
  • Public standards
  • Employment law
  • Specific set of regulations of an agency
• Decisions of a quasi-judicial body are often legally enforceable under the laws of a jurisdiction.
• Examples of quasi-judicial bodies: National Human Rights Commission, National Consumer Disputes Redressal Commission, Competition Commission of India, Income Tax Appellate Tribunal, Appellate Tribunal for Electricity, Railway Claims Tribunal, Intellectual Property Appellate Tribunal, Banking Ombudsman, etc.

Difference between Judicial and Quasi-judicial Bodies

• Judicial decisions are bound by precedent in common law, whereas quasi-judicial decisions are generally not.
• Judicial decisions may create new laws, but quasi-judicial decisions are based on existing law.
• Quasi-judicial needn’t adhere to strict judicial rules (of procedure and evidence).
• Quasi-judicial bodies can hold formal hearings only if they are mandated to do so as per their governing laws.

National Commission for Women

The National Commission for Women was formed with an intention to establish an equal and just livelihood for women by making legal and constitutional amendments for women in India. The Violence against Women is a fundamental violation of human rights, across nations, societies, cultures and classes and to stop this violation of the fundamental right; this Commission was formed. 

Problems faced by the women in the country has been one of the biggest concerns of the Government and other authorities. Over the years, many Commissions have been set up by the Government to look into the welfare of Women in the country. According to the reports of these commissions, all of them state the necessity of setting up an apex body for reviewing and addressing the grievances of women in the country. The demand for setting up a body persisted for long and ultimately to keep the interest of the people, the National Commission for Women Bill 1990 was introduced in the Lok Sabha on 22nd May 1990.

---

National Commission for Women

The National Commission for Women was set up in 1992 under the National Commission Act, 1990. This body was established to review the constitutional and legal safeguards for women. 

It recommends the remedial legislative measures, facilitates redressal of grievances and advises the government on all policy matters affecting women. It enjoys all the powers of a civil court.

The first commission was constituted on 31st January 1992 as Jayanti Patnaik as the chairperson. Alok Rawat IAS is the first male member of the National Commission for Women (NCW). His appointment filled the 4th seat on the five-member body. Ms Rekha Sharma is the current Chairperson of the National Commission for Women. She took over Lalitha Kumaramangalam as the new Chairperson in September 2018.

The National Commission for Women is an important topic for candidates preparing for the upcoming UPSC exam. Aspirants can visit the linked article for more details.

Composition of National Commission for Women

The Commission must consist of a minimum number of members which includes a chairperson, a member secretary, and other five members.

Chairperson: The central government should nominate the chairperson.

Five members: The five members are also to be nominated by the central government from amongst the person of ability, integrity, and standing. They should possess experience in various fields like law or legislation, trade unionism, management of industry potential of women, women’s voluntary organization, education, administration, economic development and social good-being.

Member Secretary: The Central Government also nominates member secretary. He/ she should be either an expert in the field of management, organization or an officer who is a member.

Functions of National Commission for Women

• Inquiry and Investigation

The National Commission of Women enjoys the powers of a civil court. It investigates and examines the matters related to the safeguards ensured for feminine society under the Constitution of India. It took complaints suo moto notice of issues related to the non- implementation of laws and non- enforcement of laws and non -compliance of policy decisions, guidelines enacted and aimed at mitigating hardships ensuring the welfare and then take up issues arising out of matter with the concerned authorities.

• Action Research

NCW members take part in the planning process of socio-economic development of women, propose measures to encourage their representation in all spheres and review their advancement. It also examines the safeguards provided for women in the Constitution and other laws study their working, recommend amendments to meet any inadequacies or deficiencies, and advocate measures for effective implementation.

• Legal Intervention

The Parivarik Mahila Lok Adalat, (PMLA) is an innovative component with its roots in the traditional Nyaya Panchayats. It is created by NCW for the redressal and speedy disposal of cases. It has taken up 7500 cases so far. The essential feature of PMLA is cordial mutual settlement and flexibility in implementation, aiming to empower women in the justice delivery mechanism.

The Commission shall perform all or any of the following functions:

1. Investigation and Examination: Investigate and examine all the matters relating to the safeguards provided for the women under the Constitution and other laws
2. Presentation of Reports: Table reports to the Central Government, every year and at such other times as the Commission may deem fit, reports upon the working of those safeguards
3. Recommendations: Make in such reports and recommendations for the effective accomplishment of those safeguards for enhancing the conditions of the women by the Union or any State.
4. Review, every now and then, the current provisions of the Constitution and other laws distressing the women and prescribe alterations and suggest curative legislative measures meet any break, inadequacies and incapacity in such legislation.
5. Cases of Violation: Take up cases of infringement of the provisions of the Constitution and of other laws relating to the women with the relevant authorities
6. Suo Motu Notice: It looks into complaints, and takes Suo Motto notice of matters relating to – deprivation of women’s rights, Non-implementation of the laws and Non-compliance of policy decisions guaranteeing the welfare for women society.
7. Special Studies and Investigation: It conducts special studies or investigation on the concerning issues or circumstances emerging out of segregation and outrages against ladies and recognizes the limitations in order to suggest techniques for their expulsion
8. Research: Undertake the promotional and educational research so as to propose ways of ensuring due representation of women in all fields and identifies the factors responsible for impeding the support services and technologies for reducing drudgery and professional health hazards and for escalating their efficiency.
9. Participation in all spheres particularly in Planning: take part and advice on the planning process of socio-economic development of women
10. Evaluation: assess the progress of the development of women society under the Union and State.
11. Inspection: investigate or cause to be inspected a jail, remand home women’s establishment or other places of guardianship where ladies are kept as detainees.
12. Funding: fund litigation, relating issues affecting a large body of women.
13. Reporting: make periodical reports on any issue pertaining to women and in particular various difficulties under which women toil.

Prepare this topic for other government exams as well. To know more about other government exams, candidates can visit the linked article.

Drawbacks of National Commission for Women

• It has no actual legislative powers. It only has the powers to suggest amendments and submit reports which are not obligatory on a state or Union Governments.
• It does not have the power to choose its own members. The power selecting members is vested with the Union Government and the nature of the country’s volatile political scenario tends the commission to be politicized.
• It is reliant on financial assistance from the Union Government and this could compromise the independence of the Commission.
• The jurisdiction of the commission is not operating in Jammu and Kashmir and considering the current political unrest and human rights infringements in the region, the presence of commission is vital.

Complaints and Counseling Unit of National Commission for Women

This cell is the Core unit of the commission and pro members. The power selecting members is vested with the Union Government and the nature of the country’s volatile political scenario tends the commission to be politicized.

The jurisdiction of the commission is not operating cesses the complaints received oral, written or suo motu under Section 10 of the NCW Act. The complaints received relate to domestic violence, harassment, dowry, torture, desertion, bigamy, rape, and refusal to register FIR, cruelty by husband, deprivation, gender discrimination and sexual harassment at workplace. 

The complaints are dealt with and tackled in various ways such as Investigations by the police are expedited and monitored, disaggregated data are made available to various state authorities to facilitate action, family disputes are resolved or compromised through counselling.

National Commission for Backward Classes (NCBC)

National Commission for Backward Classes (NCBC) established on 14th August 1993 is a constitutional body under the Ministry of Social Justice and Empowerment. It was formed under the National Commission for Backward Classes Act, 1993. This Commission was formed as an initiative for investigating the conditions and difficulties of the socially and educationally backward classes and thus making appropriate recommendations.

Some of the highlights of NCBC are mentioned in the table below:

NCBC full form	National Commission for Backward Classes
Year of formation	14th August 1993
NCBC Headquarters	Delhi
NCBC Chairman	Bhagwan Lal Sahni
Official website	http://www.ncbc.nic.in

How was NCBC formed?

The National Commission for Backward Classes (NCBC) was an outcome of the Indra Sawhney case (Mandal Commission)of 1992. In the final verdict of the Mandal Commission, the Supreme Court of India had addressed the formation of NCBC as a statutory body. Headquartered in Delhi, the National Commission for Backward Classes was established on August 14, 1993, under the NCBC Act of 1993.  NCBC, in the year 2015, proposed that a person having an annual family income of up to ₹15 lakhs and belonging to the OBC caste will be considered as a minimum ceiling for OBC. It also recommended that OBC can be sub-divided into ‘backwards’, ‘more backwards’ and ‘extremely backward’ categories. As per NCBC, the number of backward castes in the year 2016  increased to 5013 in the Central list of OBCs.

Structure of NCBC
The National Commission for Backward Classes consists of five regulatory members which include the  Chairperson, Vice-Chairperson and three other members with a tenure period of three years.  The current regulatory members of NCBC are mentioned in the table below:

National Commission for Backward Classes (NCBC)
Chairperson	Mr.Bhagwan Lal Sahni
Vice-Chairperson	Dr. Lokesh Kumar Prajapati
Member 1	Mrs. Sudha Yadav
Member 2	Mr. Kaushlendra Singh Patel
Member 3	Mr. Thalloju Achary

NCBC- Powers and Functions

1. To investigate and monitor all the matters of the socially and educationally backward classes under the Constitution or under any other law that are related to the proper working of the safeguards provided.
2. To participate and advise actively on the socio-economic development of the socially backward classes along with evaluating the progress of their development.
3. It annually presents the reports based on the working of the safeguards to the President. If any of those reports relate to any matter which is concerned with the State Government,  a copy of that report is forwarded to the State Government.
4. NCBC is responsible for the protection, welfare, development and advancement of the socially and educationally backward classes.

NCBC is an important statutory body of India that investigates the conditions and difficulties of the socially and educationally backward classes. Candidates preparing for UPSC should keep a track on the latest developments in the country as they form an important part for the Civil Service Exam

Important Committees and Commissions in India 

A commission is a group of people entrusted by the government to implement a specific task or objective. It can either be long-term or specified to carry out a short-term objective. Long-term commissions are called permanent commissions. Those commissions mandated to carry out a specific task are called ad-hoc commissions. This is an important part of polity preparation for IAS Exam.

This article gives the list of Committees and Commissions in India that can be used by IAS aspirants in their UPSC  preparation in general and in IAS Mains Polity for prelims and GS-II papers preparation in particular.

List of Committees & Commissions in  India for IAS

Some commissions are permanent while others are temporary. The latter kind are constituted for a single purpose only and are discontinued once their purpose is fulfilled and their report is submitted to the government.

The list of important Permanent Commissions is given in the table below:

List of Commissions	Purpose of Commissions	Year of Establishment
Central Information Commission (CIC)	To receive and inquire into complaints from aggrieved persons	2005
Central Vigilance Commission (CVC)	To address and probe offences by Central Government officers, officers of societies, corporation and local authority under the Central Government	1964
Atomic Energy Commission of India	To look after atomic energy activities in India	1958
Commission for Agricultural Costs and Prices (CACP)	To give meaningful real income levels to farmers, and to help farmers adopt new technology for increased productivity	1965
National Commission for Backward Classes (NCBC)	To consider inclusions in and exclusions from the lists of communities notified as backward for the purpose of job reservations and tenders needful advice to the Central Government on such matters	1993
National Commission on Cattle	To recommend ways to improve cattle condition in India	2002
National Commission for Women (NCW)	To protect and promote the interests of women in India	1992
Competition Commission of India (CCI)	To enforce ‘The Competition Act, 2002’ all over India	2003
Telecom Commission	To deal with various aspects of telecommunications	1989
National Statistical Commission (NCS)	To reduce the problems faced by statistical agencies with regard to the collection of data	2005
Election Commission (ECI)	To administer the election process all over India	1950
Law Commission	To reform the law for promoting justice in society	1834
Chief Labour Commissioner	To enforce labour laws and other labour-related issues	1945
Finance Commission (FCI)	To define the financial relations between the centre and the states	1951
National Human Rights Commission (NHRC)	To protect and promote human rights	1993
University Grants Commission (UGC)	To provide recognition to universities in India, disburse funds and maintain standards in university education	1956
National Commission for Scheduled Tribes (NCST)	To protect and develop the condition of STs in India	2004
National Commission for Enterprises in the Unorganized Sector	To address the issues faced by enterprises in the unorganised sector	2004
National Forest Commission	To review and assess the existing forest policy	2003
Electronics Commission	To deal with the various aspects of the electronics industry	1971
Central Water Commission (CWC)	To manage schemes for control, conservation and utilisation of water resources throughout the country	1945
Commission for Additional Sources of Energy	To formulate and implement policies and programmes for the development of new and renewable energy, and also conduct R&D in this area	1981
National Flood Commission (Rashtriya Barh Ayog)	To evolve a coordinated, integrated and scientific approach to the flood control problems in the country	1976
Indo-Bangladesh Joint Rivers Commission (JRC)	To maintain liaison in order to ensure the most effective joint effort in maximizing the benefits from common river systems between India and Bangladesh	1972
Khadi and Village Industries Commission (KVIC)	To plan, promote, organise, facilitate and assist in the establishment and development of khadi and village industries in rural areas	1957
Staff Selection Commission (SSC)	To recruit staff for various posts in the Ministries and Departments of the Union Government	1976
Administrative Reforms Commission (ARC)	To give recommendations regarding the public administration system of India	1966
Union Public Service Commission (UPSC)	Conduct examinations for appointment to the services of the Union Direct recruitment by selection through interviews. Appointment of officers on promotion/deputation/ absorption and more	1926

This list of important permanent commissions will help candidates in UPSC 2020 too which they may check in the linked article.

The list of important Ad-Hoc Commissions is given in the table below:

List of Commissions	Purpose of Commissions	Year of Establishment
States Reorganisation Commission	To recommend the reorganization of state boundaries	1955
Kothari Commission	For educational reforms	1964
Kapur Commission	To inquire into Mahatma Gandhi’s assassination	1966
Khosla Commission	To re-investigate the death of Subhas Chandra Bose	1970
Mandal Commission	To consider seat reservations and quotas for people to redress caste discrimination	1980
Sarkaria Commission	To examine centre-state relations	1983
Mukherjee Commission	To re-investigate the death of Subhas Chandra Bose	1959
Nanavati Commission	To inquire into the anti-Sikh riots of 1984	2000
Narendran Commission	To examine the representation of Backward Classes in the State public services	2000
National Commission to Review the Working of the Constitution	To suggest changes in electoral laws	2000
Nanavati-Shah Commission	To inquire into the Godhra incident and the communal riots that ensued in 2002	2002
Commission for Religious and Linguistic Minorities (Ranganath Misra Commission)	To look into the issues of linguistic and religious minorities in India	2004
U.C. Banerjee Commission	To inquire into the Godhra incident and the communal riots that ensued in 2002	2002
Srikrishna Commission	To investigate the cause of the 1992 Bombay riots	2002
Thakkar Commission	To probe the assassination of Indira Gandhi	1984
Phukan Commission	To inquire into corruption allegations in the wake of the Tehelka tapes controversy	2003
Upendra Commission	To probe the alleged rape and murder of Thangjam Manorama Devi	2004
M.M. Punchhi Commission	To examine centre-state relations	2007
Shah Commission	To probe the excesses committed during the emergency (1975-77)	1977
Kalelkar Commission	To promote and uplift the society’s deprived sections	1953
Liberhan Commission	To probe the Babri Masjid demolition	1992