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Group-II Mains Supplement — Polity, Economy and AP Society · Chapter 1

Rights and Accountability Bodies

What to remember

  • Human rights bodies (NHRC and SHRCs) are statutory, not constitutional, and their findings are only recommendations. They are created by the Protection of Human Rights Act, 1993.
  • The Right to Information Act, 2005 turns Article 19(1)(a) into a working tool. Every citizen can ask a public authority for records; the answer is due in 30 days, and 48 hours where life or liberty is at stake.
  • Lokpal (Centre) and Lokayukta (States) are anti-corruption ombudsman bodies under the Lokpal and Lokayuktas Act, 2013. The Lokpal covers the Prime Minister with safeguards, and every State must set up a Lokayukta.

Human Rights Commissions

Human rights are the rights of life, liberty, equality and dignity guaranteed by the Constitution or by international covenants enforceable by courts in India. The Universal Declaration of Human Rights was adopted in 1948 and Human Rights Day is observed on 10 December. India's law on the subject is the Protection of Human Rights Act, 1993 (amended in 2006 and 2019).

National Human Rights Commission (NHRC). It was set up in October 1993, has its headquarters in Delhi and can set up offices elsewhere.

  • Chairperson: a person who has been Chief Justice of India or a Judge of the Supreme Court (the 2019 amendment widened this from "Chief Justice only").
  • Members: one person who is or has been a Supreme Court Judge, one who is or has been a Chief Justice of a High Court, and three persons with knowledge of human rights, of whom at least one is a woman. Chairpersons of several national commissions (Minorities, SC, ST, Women, Backward Classes, Child Rights, Disabilities) are deemed members.
  • Appointment: by the President on the recommendation of a committee of the Prime Minister (chair), Speaker of Lok Sabha, Union Home Minister, Leaders of Opposition in both Houses and Deputy Chairman of Rajya Sabha.
  • Term: three years or until age 70, whichever is earlier; reappointment is allowed.
  • Removal: only by the President, for proved misbehaviour or incapacity, after the Supreme Court inquires and reports. The President may also remove a member who is insolvent, takes paid work outside office or is unfit due to infirmity.
  • Functions: inquire into violations or negligence in preventing violations, on petition or on its own motion; visit jails; review safeguards; study treaties; promote human rights literacy; encourage NGOs.
  • Powers: it has the powers of a civil court for summoning witnesses and producing documents. It may recommend compensation, prosecution or disciplinary action. It cannot punish or enforce.
  • Limits: it cannot ordinarily inquire into a matter more than one year old. For the armed forces it can only seek a report from the Central Government. Its annual report goes to the Government and is laid before Parliament.

State Human Rights Commission (SHRC). A State may constitute one under the same Act.

  • The Chairperson is a person who has been Chief Justice or a Judge of a High Court.
  • The Governor appoints, on the recommendation of a committee headed by the Chief Minister, with the Speaker, the State Home Minister and the Leader of Opposition as members.
  • Removal is by the President, as for the NHRC.
  • An SHRC deals with subjects in the State and Concurrent Lists. Where the NHRC is already seized of a matter, the SHRC does not take it up.

Human Rights Courts. Section 30 of the Act allows a State, with the consent of the High Court Chief Justice, to notify a Sessions Court in each district as a Human Rights Court for speedy trial of offences arising from violations.

PointNHRCSHRC
ChairFormer CJI or SC JudgeFormer Chief Justice or Judge of a High Court
Appointed byPresidentGovernor
Removed byPresident (after SC inquiry)President (after SC inquiry)
Term3 years or age 703 years or age 70
Report toCentral Government, then ParliamentState Government, then State Legislature

Right to Information

The Supreme Court, in cases such as State of U.P. v. Raj Narain (1975) and S.P. Gupta (1982), held that the right to know flows from Article 19(1)(a) (freedom of speech and expression). A grassroots movement in Rajasthan led by the Mazdoor Kisan Shakti Sangathan (MKSS) pushed for a law. Some States such as Tamil Nadu, Goa and Rajasthan passed laws earlier. The Freedom of Information Act, 2002 was never brought into force. The Right to Information Act, 2005 received assent in June 2005 and came fully into force on 12 October 2005.

Key features

  • Section 2(f): "information" means any material in any form, including records, documents, e-mails, opinions, advices, samples and data.
  • Section 4: public authorities must publish information proactively (their functions, duties, budgets, rules).
  • Section 5: every public authority designates Public Information Officers (PIOs) and Assistant PIOs.
  • Section 6: a written request to the PIO; no reason need be given. A fee is charged at a prescribed rate; below-poverty-line applicants are exempt.
  • Section 7: reply within 30 days; 48 hours if the matter concerns life or liberty of a person.
  • Section 8: exemptions, for example sovereignty and integrity, security, strategic interests, information that would breach Parliament's privilege, trade secrets, cabinet papers (until the decision is taken), personal information with no public interest, and information received in confidence from foreign governments. Section 8(2) lets a public authority disclose even exempt material if public interest outweighs harm.
  • Section 8(3): most exemptions lapse for events older than 20 years.
  • Section 11: third-party information requires notice to that party.
  • Section 19: first appeal to a senior officer in the same authority within 30 days; second appeal to the Information Commission within 90 days.
  • Section 18: complaints can go directly to the Commission.
  • Section 20: penalty on a defaulting PIO of Rs 250 per day, up to a maximum of Rs 25,000, and possible disciplinary action.
  • Section 22: the RTI Act overrides the Official Secrets Act, 1923 in case of conflict.
  • Section 24: intelligence and security organisations listed in the Second Schedule are exempt, except for allegations of corruption and human rights violation (for human rights information, the Commission's approval is needed and a 45-day reply applies).

Information Commissions. The Central Information Commission (CIC) has a Chief Information Commissioner and up to ten Information Commissioners, appointed by the President on the recommendation of a committee of the Prime Minister, the Leader of Opposition in Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister. State Information Commissions (SICs), including the one in Andhra Pradesh, are appointed by the Governor on a similar committee headed by the Chief Minister. The 2019 amendment allowed the Central Government to set tenure and salaries by rules; earlier the term was five years or age 65 with salary equal to the Election Commissioner. The Commissions are not courts, but their orders are binding. Their decisions can be challenged in the High Court under Article 226.

Lokpal and Lokayukta

The word "ombudsman" comes from Sweden, which created the office in 1809. The First Administrative Reforms Commission (chaired by Morarji Desai, 1966) recommended two levels: Lokpal at the Centre and Lokayukta in States. Bills were introduced many times from 1968 onward and lapsed. The public campaign of 2011 for a strong "Jan Lokpal" led to the Lokpal and Lokayuktas Act, 2013, in force from January 2014. The first Lokpal was appointed in 2019.

Composition of the Lokpal. One Chairperson and up to eight Members. Half of the members must be judicial members (former Supreme Court Judges or High Court Chief Justices). At least half of the members must come from SC, ST, OBC, minorities and women. The Chairperson is a former Chief Justice of India, a former Supreme Court Judge or an eminent person with at least 25 years in anti-corruption, vigilance or allied fields. Term is five years or age 70.

Selection committee: the Prime Minister (chair), Speaker of Lok Sabha, Leader of Opposition in Lok Sabha, Chief Justice of India or a Judge nominated by the CJI, and an eminent jurist nominated by the President.

Jurisdiction

  • The Prime Minister is covered, but not for allegations on international relations, external and internal security, public order, atomic energy and space. A complaint against the Prime Minister needs approval of at least two-thirds of the full Lokpal bench to proceed to inquiry, and any such inquiry is held in camera.
  • Ministers, MPs, Group A to D officials and officers of bodies funded by the Central Government are covered, as are entities receiving donations above a prescribed limit from foreign sources.
  • Wings: an Inquiry Wing for preliminary inquiry and a Prosecution Wing. A preliminary inquiry is to be completed within a set period, and the investigation within six months, extendable by six months. Special courts try cases.
  • Public servants must declare assets every year. The Act also provides for attachment of property gained by corruption.
  • Complaints must be in a prescribed form and false complaints are punishable.

Lokayukta in States. Section 63 of the Act requires every State to set up a Lokayukta within one year of commencement; its structure is left to the State law. Maharashtra was the first State to establish the institution (Act of 1971, operational in 1972). Odisha passed a law earlier but did not operationalise it first. Andhra Pradesh has the Andhra Pradesh Lokayukta and Upa-Lokayukta Act, 1983 (check the latest official release for the current office-holders and amendments).

FeatureLokpalLokayukta
LevelCentreState
LawAct of 2013Act of the State plus 2013 Act's direction
Appointed byPresidentGovernor
Covers Chief Minister?Prime Minister covered with limitsDepends on State law
StrengthChair plus up to 8 membersAs per State law

Related bodies. The Central Vigilance Commission (CVC), recommended by the Santhanam Committee (1964), was formed by a resolution in 1964 and made statutory in 2003. It has a Central Vigilance Commissioner and up to two Vigilance Commissioners. The Central Bureau of Investigation (CBI) works under the Delhi Special Police Establishment Act, 1946. The Whistle Blowers Protection Act, 2014 protects persons who expose corruption.

Other national commissions (quick map)

CommissionBasis
National Commission for Scheduled CastesArticle 338 (89th Amendment, 2003)
National Commission for Scheduled TribesArticle 338A (89th Amendment)
National Commission for Backward ClassesArticle 338B (102nd Amendment, 2018)
National Commission for MinoritiesStatute (Act of 1992)
National Commission for WomenStatute (Act of 1990)
National Commission for Protection of Child RightsStatute (Act of 2005)

Exam traps

  • NHRC is statutory; the Election Commission and the SC/ST/BC Commissions (Articles 338-338B) are constitutional.
  • NHRC cannot punish. Only recommends. Do not confuse with a court.
  • NHRC members are appointed by the President on a committee recommendation; SHRC by the Governor. Both are removed only by the President.
  • RTI second appeal is to the Information Commission within 90 days, first appeal within 30 days.
  • Reply under RTI: 30 days normally, 48 hours for life and liberty.
  • Section 8 lists exemptions; Section 24 exempts organisations (not information), and corruption/human rights allegations are still open.
  • Lokpal inquiry against the Prime Minister needs two-thirds of the full bench; Lokpal can examine PM only outside security, space, atomic energy and external affairs matters.
  • Lokayukta must be set up by each State; the Centre cannot appoint it. Appointment is by the Governor.

One-liners

  • 1. NHRC was constituted in 1993 under the Protection of Human Rights Act.
  • 2. NHRC term: three years or age 70.
  • 3. NHRC cannot normally inquire into an incident older than one year.
  • 4. Human Rights Day: 10 December.
  • 5. RTI Act received assent in June 2005 and became fully effective on 12 October 2005.
  • 6. PIO must respond in 30 days.
  • 7. Penalty on PIO: Rs 250 per day, maximum Rs 25,000.
  • 8. RTI Act has overriding effect over the Official Secrets Act, 1923.
  • 9. Lokpal and Lokayuktas Act came into force in 2014.
  • 10. Lokpal: Chairperson plus up to eight members; half judicial.
  • 11. Maharashtra first operationalised a Lokayukta (1971-72).
  • 12. CVC became a statutory body in 2003.

Practice questions

  1. The National Human Rights Commission functions under which law?

    1. Constitution (Article 338)
    2. Lokpal and Lokayuktas Act, 2013
    3. Protection of Human Rights Act, 1993
    4. Right to Information Act, 2005
    Answer

    C. Protection of Human Rights Act, 1993

    NHRC is a statutory body created by the Protection of Human Rights Act, 1993.

  2. Who appoints the Chairperson of the NHRC?

    1. The Speaker of Lok Sabha
    2. The Chief Justice of India
    3. The Prime Minister
    4. The President
    Answer

    D. The President

    The President appoints on the recommendation of a high-level committee.

  3. The term of office of the NHRC Chairperson is

    1. five years or age 65
    2. three years or age 70, whichever is earlier
    3. three years or age 65
    4. six years or age 62
    Answer

    B. three years or age 70, whichever is earlier

    After the 2019 amendment: three years or 70 years.

  4. Human Rights Day is observed every year on

    1. 10 December
    2. 24 October
    3. 26 January
    4. 15 August
    Answer

    A. 10 December

    The Universal Declaration of Human Rights was adopted in 1948 and the day is observed on 10 December.

  5. Who removes a member of the NHRC for proved misbehaviour?

    1. The Parliament by simple majority
    2. The President, after a Supreme Court inquiry
    3. The Chief Justice of India directly
    4. The Prime Minister on advice of the committee
    Answer

    B. The President, after a Supreme Court inquiry

    Removal is by the President after the Supreme Court reports on the inquiry.

  6. The NHRC can ordinarily NOT inquire into a matter that happened more than

    1. one year ago
    2. five years ago
    3. three years ago
    4. six months ago
    Answer

    A. one year ago

    The Act bars inquiry into matters older than one year.

  7. In respect of violations by the armed forces, the NHRC can

    1. order court martial
    2. directly summon the soldiers
    3. impose fines
    4. only seek a report from the Central Government
    Answer

    D. only seek a report from the Central Government

    NHRC has a limited role over armed forces: it seeks a report and then makes recommendations.

  8. A State Human Rights Commission is headed by a person who has been

    1. Judge of the Supreme Court only
    2. District Judge
    3. Chief Justice or Judge of a High Court
    4. Advocate General
    Answer

    C. Chief Justice or Judge of a High Court

    The Act requires a former Chief Justice or Judge of a High Court.

  9. Who appoints the Chairperson of a State Human Rights Commission?

    1. The President
    2. The Chief Minister alone
    3. The State Assembly Speaker
    4. The Governor
    Answer

    D. The Governor

    Governor appoints on the recommendation of a committee headed by the Chief Minister.

  10. Human Rights Courts are notified under which section of the Protection of Human Rights Act?

    1. Section 8
    2. Section 20
    3. Section 30
    4. Section 4
    Answer

    C. Section 30

    Section 30 provides for Sessions Courts to be specified as Human Rights Courts.

  11. Decisions of the National Human Rights Commission are best described as

    1. recommendatory
    2. binding like Supreme Court orders
    3. binding only on private persons
    4. subject to approval by the President
    Answer

    A. recommendatory

    The Commission can recommend compensation or prosecution, not enforce.

  12. The Right to Information Act came into full force on

    1. 15 June 2005
    2. 12 October 2005
    3. 26 January 2006
    4. 2 October 2004
    Answer

    B. 12 October 2005

    Assent was in June 2005 and the Act became fully effective on 12 October 2005.

  13. The right to information is derived from which Article of the Constitution?

    1. Article 21A
    2. Article 19(1)(a)
    3. Article 32
    4. Article 14
    Answer

    B. Article 19(1)(a)

    The Supreme Court held that the right to know flows from freedom of speech and expression.

  14. Under the RTI Act, the normal time limit for the PIO to reply is

    1. 90 days
    2. 60 days
    3. 15 days
    4. 30 days
    Answer

    D. 30 days

    Section 7 sets 30 days; 48 hours for life and liberty.

  15. If the information sought concerns the life or liberty of a person, the reply must be given within

    1. 24 hours
    2. 7 days
    3. 48 hours
    4. 15 days
    Answer

    C. 48 hours

    Section 7(1) proviso gives 48 hours.

  16. A second appeal under the RTI Act lies to

    1. the Information Commission within 90 days
    2. the District Collector within 15 days
    3. the High Court within 30 days
    4. the Lokpal within 60 days
    Answer

    A. the Information Commission within 90 days

    First appeal within 30 days to a senior officer; second appeal to the Commission within 90 days.

  17. The maximum penalty on a PIO for delay or refusal without reasonable cause is

    1. Rs 10,000 in total
    2. Rs 5,000 in total
    3. Rs 25,000 in total
    4. Rs 1 lakh in total
    Answer

    C. Rs 25,000 in total

    Rs 250 per day subject to a maximum of Rs 25,000 (Section 20).

  18. Which RTI section lists the exemptions from disclosure?

    1. Section 6
    2. Section 4
    3. Section 19
    4. Section 8
    Answer

    D. Section 8

    Section 8 lists exempt information; Section 4 deals with proactive disclosure.

  19. The RTI Act, in case of conflict, has overriding effect over the

    1. Constitution
    2. Indian Penal Code only
    3. Official Secrets Act, 1923
    4. Right to Education Act
    Answer

    C. Official Secrets Act, 1923

    Section 22 gives the RTI Act overriding effect over the Official Secrets Act.

  20. The Central Information Commission consists of the Chief Information Commissioner and up to how many Information Commissioners?

    1. Ten
    2. Fifteen
    3. Three
    4. Five
    Answer

    A. Ten

    CIC has a Chief plus a maximum of ten Information Commissioners.

  21. State Information Commissioners are appointed by the

    1. Chief Justice of the High Court
    2. Governor
    3. President
    4. Speaker of the Assembly
    Answer

    B. Governor

    Governor appoints on a committee headed by the Chief Minister.

  22. Which movement of Rajasthan played a major role in demanding a law on the right to information?

    1. Bhoodan Movement
    2. Narmada Bachao Andolan
    3. Chipko Movement
    4. Mazdoor Kisan Shakti Sangathan
    Answer

    D. Mazdoor Kisan Shakti Sangathan

    MKSS campaigned for transparency and public hearings on records.

  23. The word 'ombudsman' originated in

    1. Sweden
    2. United States
    3. Britain
    4. Denmark
    Answer

    A. Sweden

    Sweden created the office in 1809.

  24. The first Administrative Reforms Commission, which recommended Lokpal and Lokayukta, was chaired by

    1. K. Santhanam
    2. Morarji Desai
    3. Jawaharlal Nehru
    4. Veerappa Moily
    Answer

    B. Morarji Desai

    The ARC (1966) recommended two-tier ombudsman: Lokpal and Lokayukta.

  25. The Lokpal and Lokayuktas Act was enacted in

    1. 2008
    2. 2005
    3. 2019
    4. 2013
    Answer

    D. 2013

    The Act of 2013 came into force in January 2014.

  26. The Lokpal consists of a Chairperson and up to how many members?

    1. Eight
    2. Four
    3. Twelve
    4. Ten
    Answer

    A. Eight

    Chair plus a maximum of eight members, half judicial.

  27. Which of the following is NOT part of the selection committee for the Lokpal?

    1. Leader of Opposition in Lok Sabha
    2. Union Finance Minister
    3. Speaker of Lok Sabha
    4. Prime Minister
    Answer

    B. Union Finance Minister

    The committee has the PM, Speaker, Leader of Opposition, CJI or nominee, and an eminent jurist.

  28. An inquiry against the Prime Minister by the Lokpal requires approval of

    1. simple majority of the Chairperson and one member
    2. the President
    3. two-thirds of the full Lokpal bench
    4. half of the Lok Sabha
    Answer

    C. two-thirds of the full Lokpal bench

    Such inquiries are also held in camera.

  29. The Lokpal Act requires every State to establish a Lokayukta within

    1. six months
    2. three years
    3. five years
    4. one year of commencement
    Answer

    D. one year of commencement

    Section 63 gives one year.

  30. The first State to set up a functioning Lokayukta institution was

    1. Maharashtra
    2. Andhra Pradesh
    3. Gujarat
    4. Karnataka
    Answer

    A. Maharashtra

    Maharashtra's Act of 1971 became operational in 1972.

  31. The Central Vigilance Commission was made a statutory body in

    1. 2013
    2. 2003
    3. 1964
    4. 1985
    Answer

    B. 2003

    It was formed by a resolution in 1964 on the Santhanam Committee's advice and made statutory in 2003.

  32. The Whistle Blowers Protection Act was passed in

    1. 2011
    2. 2005
    3. 2014
    4. 2020
    Answer

    C. 2014

    It protects persons disclosing corruption.

  33. Match the commission with its constitutional basis: (1) NCST (2) NCBC (3) NCSC. Which is the correct pairing?

    1. 1-Article 338B, 2-Article 338, 3-Article 338A
    2. 1-Article 338A, 2-Article 338B, 3-Article 338
    3. 1-Article 338, 2-Article 338A, 3-Article 338B
    4. 1-Article 338A, 2-Article 338, 3-Article 338B
    Answer

    B. 1-Article 338A, 2-Article 338B, 3-Article 338

    SC: 338; ST: 338A; Backward Classes: 338B.

  34. Consider the statements on the NHRC: 1. Its Chairperson is appointed by the President. 2. It can punish violators directly. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    The NHRC only recommends; it cannot punish.

  35. Consider the statements on RTI: 1. A reason must be given with every application. 2. The first appeal is to a senior officer in the same authority. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    No reason is needed under Section 6; first appeal is internal.

  36. Consider the statements on the Lokpal: 1. Half of its members must be judicial members. 2. The Prime Minister is entirely outside its jurisdiction. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    The PM is covered with exceptions for security, space and similar subjects.

  37. Consider the statements: 1. SHRC members are removed by the Governor. 2. NHRC members are appointed on the recommendation of a committee. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    Removal is by the President for both bodies.

  38. Consider the statements on the RTI Act: 1. It applies to public authorities. 2. It has overriding effect over the Official Secrets Act. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both statements are correct (Sections 2 and 22).

  39. Consider the statements: 1. Lokayukta is appointed by the Governor. 2. The Centre appoints the State Lokayukta. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    Lokayuktas are State bodies appointed by the Governor.

  40. Consider the statements on Information Commissions: 1. Their orders are binding on the public authority. 2. They are constitutional bodies named in Part V. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    They are statutory bodies under the RTI Act.

  41. Consider the statements: 1. The NHRC was set up in 1993. 2. The NHRC has the powers of a civil court for certain purposes. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both are correct.

  42. A citizen files an RTI request to a Public Information Officer about a ration shop's stock records. The officer does not reply in 30 days. What is the next step?

    1. Wait for the Annual Report
    2. File a writ for contempt before the Lokpal
    3. Approach the NHRC
    4. File a first appeal before the senior officer in the same authority
    Answer

    D. File a first appeal before the senior officer in the same authority

    Deemed refusal allows a first appeal within 30 days.

  43. An officer is accused of taking bribes in a Central Government office. Which body can receive the complaint under a statute of 2013?

    1. Central Information Commission
    2. Election Commission
    3. NHRC
    4. Lokpal
    Answer

    D. Lokpal

    Lokpal looks into corruption of public servants of the Centre.

  44. Which of the following bodies is established by an Article of the Constitution?

    1. National Human Rights Commission
    2. Central Information Commission
    3. National Commission for Scheduled Castes
    4. Lokpal
    Answer

    C. National Commission for Scheduled Castes

    NCSC is under Article 338; the others are statutory.

  45. The Central Information Commission is appointed by the President on the recommendation of a committee that includes the

    1. Speaker of Rajya Sabha
    2. Chief Justice of India
    3. Union Finance Minister
    4. Leader of Opposition in Lok Sabha
    Answer

    D. Leader of Opposition in Lok Sabha

    The committee has the PM, the Leader of Opposition and a Cabinet Minister nominated by the PM.

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