NITI Aayog: India's Think Tank

NITI Aayog

• Established in 2015 through an executive resolution.
• It is not a constitutional or statutory body.
• It functions as the premier policy 'Think Tank' for the Government of India.
• Employs a 'bottom-up' approach, differing from a 'top-down' model.
• The Chairperson is the Prime Minister.
• The Vice Chairperson is nominated by the PM.
• The Chief Executive Officer is nominated by the PM.
• There are Full-time members.
• There are Part-time members, up to 2 from relevant institutions.
• Ex-officio members, from the council of ministers, up to 4 nominated by the PM.
• The Governing Council includes Chief Ministers and Lt Governors of Union Territories.
• The Regional Council is formed on a need basis.
• Special invitees include experts, specialists, and practitioners with domain knowledge.
• Specialized Wings include Research Wing, Consultancy Wing, and Team India Wing.
• Team India Wing has representatives from every State and Ministry.
• There are two Main Hubs: Team India-Cooperative Federalism & Designing Policy and Programme Frameworks and Knowledge and Innovation.
• Functionally divided into various Verticals focusing on sectors like Agriculture, Health, and HRD.
• The National Institute of Labour Economics Research and Development is a central autonomous organization attached to the NITI Aayog.
• The Nation Institutes objectives are, research, data collection, education, and training in all aspects of human capital planning, human resource development, and monitoring and evaluation.
• The Development Monitoring and Evaluation Office was formed by merging the Programme Evaluation Organization and the Independent Evaluation Office in 2015.
• It is mandated to actively monitor and evaluate the implementation of the programmes and initiatives of the Government of India.
• Functions include: Foster Cooperative Federalism, Design Policy & Programme Framework, Act as a Resource Centre & Knowledge Hub and Monitoring and Evaluation.
• Objectives include: Evolve a shared vision of national development priorities with the active involvement of States; develop mechanisms to formulate credible plans at the village level; incorporate interests of national security in economic strategy and policy; pay special attention to sections of society at risk of not benefiting adequately from economic progress.
• Objectives also include, designing strategic policy and programme frameworks, monitoring and feedback for innovative improvements, providing advice and encouraging partnerships between key stakeholders.
• A knowledge, innovation and entrepreneurial support system is created through a collaborative community of national and international experts, practitioners and other partners.
• The Aayog offers a platform for resolution of inter-sectoral and inter departmental issues in order to accelerate the implementation of the development agenda.
• Technology upgradation and capacity building is also maintained for the implementation of programmes and initiatives.

NITI Aayog Guiding Principles

• Antyodaya
• Inclusion
• Village
• Demographic dividend
• People's Participation
• Governance
• Sustainability

Central Vigilance Commission

• Established in 1964 via an executive resolution.
• The Santhanam Committee on Prevention of Corruption (1962-64) was recommended it.
• 2003 saw the passage of the act establishing the CVC's Statutory Status.
• In 2004, the CVC became the "Designated Agency" to receive written complaints for disclosure of corruption or misuse of office from whistleblowers under PIDPI.
• It is an apex vigilance institution, free from executive authority control.
• CVC monitors government vigilance and advises central organizations on vigilance work.
• The CVC includes a chairperson and up to two vigilance commissioners.
• Section 3(3) of the CVC Act, 2003 specifies appointees to be from All India Services, civil service, or those with expertise and experience in vigilance, finance, insurance, banking, law, or investigations.
• The President appoints the commission on the recommendation of a 3 member committee.
  • The 3 member committee includes the Prime Minister, the Union Minister of Home Affairs, and the Leader of the Opposition in the Lok Sabha.
• Members hold office for four years or until age 65, whichever is earlier.
• After tenure, members are ineligible for further employment under the Central or a state government.
• The President can remove any member from office if adjudged insolvent or convicted of an offence with moral turpitude.
• The President can also remove if there is paid employment outside of duties, or one has infirmity.
• The President can also remove if the officer has acquired financial or other interests.
• President can remove any member on grounds of proved misbehaviour or incapacity, but has to refer the matter to the Supreme Court for an enquiry.
• Someone is deemed guilty of misbehavior if he is concerned, interested or profits in any way from a contract with the Central Government
• CVC salary, allowances, and service conditions are similar to those of the Chairman/member of UPSC.
• These conditions cannot be changed to the office holder's disadvantage after appointment.

Central Vigilance Commission Functions

• Exercises superintendence over the CBI regarding investigations under the Prevention of Corruption Act, 1988 or offences under CrPC.
• It gives directions and reviews the progress of investigations conducted by the DSPE, related to offenses under the Prevention of Corruption Act.
• An inquiry or investigation is undertaken when a public servant is suspected to have acted improperly or corruptly.
• Independent and impartial advice is given to disciplinary and other authorities in disciplinary cases.
• Functions also include a general check and supervision over vigilance and anti-corruption work in India's Ministries or Departments.
• Complaints are inquired into under the Public Interest Disclosure and Protection of Informer.
• The Central Government is required to consult the CVC when making rules governing vigilance and disciplinary matters for Central Services and All India Services.
• CVC headquarter are in New Delhi.
• It has powers of a Civil Court and regulates its procedure.
• After inquiry, the agency advises the Central Government or its authorities on the next steps.
• The Central Government or its authorities must consider this advice & take action.
• If disagreeing with the CVC's advice, reasons must be communicated.
• The annual performance report of CVC must be presented to the President, before placement before each House of the Parliament.
• All Union Government Ministries/Departments have a Chief Vigilance Officer (CVO).
• The CVO provides a link between his organization and the Central Vigilance Commission as well as the Central Bureau of Investigation

Lokpal

• The Lokpal and Lokayukta Act of 2013 establishes Lokpal for the Union and Lokayukta for States to inquire into allegations of corruption.
• Lokpal includes a chairperson and up to eight members, 50% of whom must be judicial members, and 50% from SC/ST/OBCs, minorities, and women.
• A two stage process is used to appoint the Lokpal:
  • A search committee recommends names to a high-power selection committee.
  • 50% of Search Committee members should be from SCs, STs, OBCs, minorities, and women.
• The selection committee comprises the Prime Minister, the Speaker of the Lok Sabha, the Leader of the Opposition, and the Chief Justice of India or nominee.
• An eminent jurist is nominated by the President based on the recommendation of other members of the panel.
• Names are appointed by the President.
• The Chairperson or any Member may be removed by order of the President.
  • Removal has to be on grounds of misbehaviour from the Supreme Court report.
• A petition has to be signed by at least one hundred Members of Parliament.
• Its jurisdiction extends over anyone who is or has been Prime Minister, a Minister, a Member of Parliament, and officials of the Union government.
• Its jurisdiction extends over directors of any board, corporation, society, trust or autonomous body either established by an Act of Parliament and any society or trust or body that receives foreign contribution above ₹10 lakh
• The Lokpal Chairperson's salary and allowances will be the same as those for the Chief Justice of India.
• They will be the same as a judge of the Supreme Court for the rest of the members.
• Administrative expenses of the Lokpal charged upon the Consolidated Fund of India.
• A Lokpal inquiry is not allowed if the allegation against the PM relates to international relations, external and internal security, public order, atomic energy and space.
• Complaints against the PM are not to be probed unless the full Lokpal bench considers the initiation of inquiry and at least 2/3rds of the members approve it.
• Any inquiry is held in camera.
• If the complaint is found dismissed, the records are not published or made available.

Lokpal Functioning

• It includes power of superintendence and direction over any investigation agency including CBI for cases referred to them by Lokpal.
• It also includes transfer of officers of CBI investigating cases referred by Lokpal if in need of approval.
• It has an inquiry wing and prosecution wing is for preliminary inquiry and for public servant prosecution.
• A time limit of 03+03 months for inquiry and 06 + 06months for investigation act.
• Trial has to be setup withing 01+01 month.
• There is confiscation of property with provisions for attachment and confiscation acquired by corrupt means, even while the prosecution is pending.
• Special Court to hear and decide the cases referred by the Lokpal.
• The Act envisages the the Lokpal shall not inquire into any complaint, made after seven years from the date in which the offense has been committed.
• The Lokpal has been deprived of taking suo moto measures in cases of corruption and maladministration.
• The Act mandates Lokayukta establishment in every state within a year.
• State legislatures are free to determine the powers and jurisdiction.
• Heavy punishment set for false complaints against public servants.
• Non-transparent procedure to deal with complaints against the PM.

National Investigation Agency

• The NIA is Statutory - Established under the National Investigation Agency Act, 2008
• It was established in 2009 in response to 2008 Mumbai terror attacks.
• The NIA is headed by a Director-General, appointed by the central government, and has powers similar to those of a Director-General of Police in a state.
• It is under the administrative control of the Ministry of Home Affairs
• State governments have to provide all assistance and co-operation to the NIA when it comes to specified offences under the NIA Act.
• It has concurrent jurisdiction to investigate and prosecute offenses against India's sovereignty, security, integrity, friendly relations with foreign countries and, also implements international treaties and resolutions..
• The NIA can investigate terror attacks, hijacking, nuclear installations, weapons of mass destruction, human trafficking, counterfeit currency, manufacture or sale of prohibited arms, cyber-terrorism and explosive substances.

Central Bureau of Investigation

• Established in 1963 by a resolution of the Ministry of Home Affairs
• It was transferred to the Ministry of Personnel, enjoying status as an attached office.
• Previously the established The Special Police (in 1941) was merged with the CBI.
• It was recommended by the Santhanam Committee on Prevention of Corruption (1962–1964).
• The CBI is not a statutory body.
• The powers derive from the Delhi Special Police Establishment Act, 1946.
• It is the Main investigating agency of the government.
• Promotes prevention of corruption and maintaining integrity.
• The CBI provides assistance to the Central Vigilance Commission and Lokpal.
• CBI acts as Interpol for India.
• The CBI has seven divisions:
  • Anti-Corruption Division
  • Economic Offences Division
  • Special Crimes Division
  • Policy and Coordination Division
  • Administration Division
  • Directorate of Prosecution
  • Central Forensic Science Laboratory