Planning & National Human Rights Commission - Questions and Answers

ANSWER: Both 1 and 2

Explanation:

Planning Commission -


• Advisory Planning Board constituted in 1946, under the chairmanship of K. C. Neogi recommended establishing Planning Commission.


• It was established in March 1950 by an executive resolution of the Government of India.


• It is non-statutory and non-constitutional body.


• Supreme organ of planning for social and economic development in India is Planning Commission.


• The critics have called it as a ‘Super Cabinet’, a ‘Parallel Cabinet’, the ‘Fifth Wheel of the Coach’, an ‘Economic Cabinet’ etc.

Composition -

(a) Prime minister of India (Chairman of the commission) - He presides over the meetings of the commission.

(b) Deputy chairman (de facto executive head (i.e., full-time functional head)) -

(i) responsible for the formulation and submission of the draft Five-Year Plan to the Union Cabinet;

(ii) appointed by the Central cabinet for a fixed tenure;

(iii) enjoys the rank of a Cabinet Minister;

(iv) not a member of cabinet but is invited to attend all its meeting (without a right to vote);

(c) Some Central Ministers -

(i) appointed as part-time members;

(ii) finance minister and planning minister are the ex-officio members.

(d) 4 to 7 full-time expert members enjoying rank of a minister of state.

(e) A member-secretary senior member of IAS.


• It is completely a centre-constituted body with no state representation.

ANSWER: All of the above

Explanation:

Functions -

(a) Assess material, capital and human resources of India.

(b) Find ways to augment them.
(c) Make plan to effectively utilize India’s resources.

(d) Set priorities and define stages in which the plan should be implemented.

(e) Show factors that retard economic development.

(f) Find nature of the machinery required for successful implementation of the plan in each stage.

(g) Periodically monitor the progress achieved in execution of the plan and to recommend necessary adjustments.

(h) To make appropriate recommendations for facilitating the discharge of its duties, or on a matter referred to it for advice by Central or State Governments.

Apart from the above functions, the allocation of business rules have assigned the following matters to Planning Commission -

(a) Public co-operation in National Development.

(b) Specific programmes for area development notified from time-to-time.

(c) Perspective Planning.

(d) Institute of Applied Manpower Research.

(e) Unique Identification Authority of India (UIDAI).

(f) All matters relating to National Rainfed Area Authority (NRAA) (transferred from Ministry of Agriculture).


• National Informatics Centre was also under the Planning Commission.


• But, it was brought under the Ministry of Information Technology.


• UIDAI, constituted in January, 2009, is an attached office under aegis of Planning Commission.


• Planning Commission is only a staff agency (advisory body).


• It has no executive responsibility.


• Responsibility of taking and implementing decisions rests with the Central and State Governments.

Programme Evaluation Organization (PEO) -


• PEO was established in 1952 as an independent unit of the Planning Commission.


• But, it functions under the general direction of the Planning Commission.


• Its head is a Director/Chief.


• He is who is assisted by Joint Directors, Deputy Directors, Assistant Directors and other staff.


• PEO has 7 regional offices - Chennai, Hyderabad, Mumbai, Lucknow, Chandigarh, Jaipur and Kolkata.


• Each regional evaluation office of PEO has a Deputy Director as head.


• PEO provides technical advice to state evaluation organizations.


• The PEO assesses implementation of development programmes and plans of the Five-Year Plans.


• It also provides periodic feedback to the Planning Commission and executive agencies.

ANSWER: 1, 3, 4

Explanation:

Composition -


• National commission consists of a Chairman and four members.


• State commission consists of a Chairperson and two members.


• The Chairman should be a retired Chief Justice of India.

The members should be -

1. serving or retired judges of the Supreme Court;

2. a serving or retired Chief Justice of a High Court; and

3. two persons having knowledge or practical experience with respect to human rights.

Along with these the commission also has 4 ex-officio members - the Chairmen of the -

1. National Commission for Minorities.

2. National Commission for SCs.

3. National Commission for STs.

4. National Commission for women.


• The Chairperson of State Commissions should be a retired Chief Justice of a High Court.

The members should be -

1. a serving or retired judge of a High Court or a District Judge in the state with a minimum of seven years’ experience as District Judge; and

2. a person having knowledge or practical experience with respect to human rights.

The Chairman and members are appointed by the President (Governor, in case of state) on the recommendations of a six-member committee consisting of -

1. Prime minister as its head (Chief Minister, in case of state).

2. Speaker of the Lok Sabha (Legislative Assembly, in case of State).

3. Deputy Chairman of the Rajya Sabha (Legislative Council, in case of State (if it has a council)).

4. Leaders of the Opposition in both the Houses of Parliament and (House/Houses of State legislature, in case of State).

5. Union Home Minister (State Home Minister, in case of State).


• A sitting judge of the Supreme Court or a sitting Chief Justice of a High ourt can be appointed only after consultation with the Chief Justice of India.


• The Chairman/Chairperson and members hold office for a term of five years or until they attain the age of 70 years, whichever is earlier.


• Members are eligible for re-appointment subject to 70 years’ age limit.


• After their tenure, the Chairman and members are not eligible for further employment under the Central or a State Government.


• Though appointed by Governor, the Governor cannot remove Chairperson or member of state commission. Only President can remove them.

The President can remove the Chairman or any member from the office under the following circumstances -

1. if he is adjudged an insolvent; or

2. if he engages, during his term of office, in any paid employment outside the duties of his office; or

3. if he is unfit to continue in office by reason of infirmity of mind or body; or

4. if he is of unsound mind and stand so declared by a competent court; or

5. if he is convicted and sentenced to imprisonment for an offence.


• But in such scenarios, the President has to refer the matter to the Supreme Court for an enquiry.


• If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, then the President can remove him.


• The salary and other service conditions are decided by the Union Government (State Government, in case of state).


• They cannot be varied to their disadvantage during service.

ANSWER: Both 1 and 2

Explanation:

National and State Human Rights Commission -


• The National Human Rights Commission and State Human Rights Commission are statutory, non-constitutional bodies, established in 1993 under an act of Parliament, the Protection of Human Rights Act, 1993.


• A State Human Rights Commission can inquire into violation of human rights only regarding subjects mentioned in the State List (List-II) and the Concurrent List (List-III) of the 7^th Schedule of the constitution.


• But, if the National Human Rights Commission or any other Statutory Commission is already looking into any such case, then the State Human Rights Commission does not inquire into that case.

Powers and Functions -


• Inquire into any violation of human rights.


• They can even look into negligence in the prevention of human rights violation by a public servant.


• They can take cognizance either suo motu or on a petition presented to it or on an order of a court.


• They intervene in any proceeding involving allegation of violation of human rights pending before a court.


• They visit jails and detention places to study the living conditions of inmates and make recommendation.


• Constitutional and other legal safeguards for the protection of human rights are reviewed by them.


• They recommend measures for effective implementation of safeguards.


• They also consider other factors like terrorism etc., that curb the enjoyment of human rights and recommend measures to counter it.


• They study treaties and other international instruments on human rights and make recommendations for their effective implementation. But this is only for National Human Rights Commission and not the state commissions.


• They undertake and promote research in the field of human rights.


• They spread human rights literacy among the people.


• They encourage NGOs working in field of human rights.


• They undertake all such other functions as may be considered necessary for the promotion of human rights.

Human Rights Courts -


• Human Rights Court can be established in every district as per the Protection of Human Rights Act (1993) for speedy trial of violation of human rights.


• In each of these courts, the State Government appoints a public prosecutor or appoints an advocate (who has practiced for 7 years) as a special public prosecutor.


• Only with the concurrence of the Chief Justice of the High Court of that state, can these courts be setup by the State Government.

ANSWER: Only 2

Explanation:

Working of National and State Human Rights Commission -


• The National Commission’s headquarters is at Delhi.


• It can also establish offices at other places in India.


• The national and state commissions can regulate their own procedure.


• They have all the powers of a civil court and its proceedings have a judicial character.


• National Commission may call for information or report from Union and State Governments or any other authority subordinate to that, but state commissions can call for information or report from State Governments or any other authority subordinate to that.


• The commissions have their own investigating staff for investigation.


• National Commission is empowered to use the services of any officer or investigation agency of the Union or any State Government for the purpose.


• The commissions are not empowered to inquire into any matter on expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed.

The commission may take any of the following steps during or after the completion of an inquiry -

(a) it may recommend payment of compensation to victims, to concerned government or authority;

(b) it may recommend to initiate proceedings for prosecution or any other action against the guilty public servant, to the concerned government or authority;

(c) it may recommend to the concerned government or authority for the grant of immediate interim relief to the victim;

(d) it may approach the Supreme Court or the concerned high court for the necessary directions,orders or writs.

Role of The Commission -


• The functions of the commission are mainly recommendatory.


• It cannot punish the violators of human rights, nor to award any relief including monetary relief to the victim.


• Its recommendations are not binding on the concerned government or authority.


• But, it should be informed about the action taken on its recommendations within one month.


• The National Commission has limited powers with respect to the violation of human rights by the members of the armed forces.


• In this sphere, the commission may make its recommendations.


• The Central Government should inform the commission of the action taken on the recommendations within three months.


• The National Commission submit its annual or special reports to the Central government and to the State Government concerned.


• The State Commission submits it to the State Government.


• These reports are laid before the respective legislatures, along with a memorandum of action taken on its recommendations and the reasons for non-acceptance of any of such recommendations.

ANSWER: All of the above

Explanation:

Features of the Protection of Human Rights (Amendment) Act, 2006


• Number of members of State Human Rights Commissions (SHRCs) decreased from 5 to 3.


• Eligibility condition for appointment of member of SHRCs changed.


• NHRC can transfer complaints received by it to the concerned SHRC.


• Investigative machinery of Human Rights Commissions strengthened.


• Commission can recommend award of compensation, etc. even during the course of enquiry.


• NHRC can visit jails even without prior intimation to the State Governments.


• Procedure for recording of evidence of witnesses strengthened.


• Chairpersons of NHRC and SHRCs are distinct from the Members of the respective commission.


• Chairperson and members of the NHRC can address their resignations in writing to the President.


• Chairperson and members of the SHRCs can address their resignations in writing to the Governor of the state concerned.


• Absence of any member in the Selection Committee for selection of the Chairperson and member of the NHRC or the SHRCs will not nullify the decisions taken by such Committees.


• Chairperson of the National Commission for the Scheduled Castes and the Chairperson of the National Commission for the Scheduled Tribes shall be deemed to be members of the NHRC.


• The Act allowed the Central Government to notify future international covenants and conventions to which the Protection of Human Rights Act would be applicable.