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Graduate Level intermediate Tribunals NHRC NCW NGT Commissions Kerala PSC Polity
Indian Polity: Tribunals, Commissions, and Statutory Bodies — NHRC, NCW, NGT, CAT
Comprehensive study of constitutional and statutory commissions and tribunals — NHRC, NCW, NCM, NCSC, NCST, CAT, NGT — with articles, acts, composition, and powers for Kerala PSC.
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— Comprehensive study of constitutional and statutory commissions and tribunals — NHRC, NCW, NCM, NCSC, NCST, CAT, NGT — with articles, acts, composition, and powers for Kerala PSC.
#Tribunals
#NHRC
#NCW
#NGT
#Commissions
#Kerala PSC Polity
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Commissions and tribunals are quasi-judicial bodies that supplement the regular judiciary. They are heavily tested in Kerala PSC exams — especially their constitutional basis, composition, and functions. This note covers all major bodies.
Constitutional Commissions
These are directly established by the Constitution of India.
Election Commission of India (Art. 324)
| Feature | Detail |
|---|---|
| Article | 324 |
| Composition | CEC + Election Commissioners (currently 3-member body) |
| Appointment | By President |
| Tenure | 6 years or age 65, whichever earlier |
| Removal | CEC — same as SC judge (impeachment); ECs — on CEC’s recommendation |
| Functions | Conduct elections to Parliament, State Legislatures, President, Vice-President |
| Key power | Can postpone/cancel elections; allot symbols; recognize parties |
Union Public Service Commission (Art. 315-323)
| Feature | Detail |
|---|---|
| Article | 315 |
| Composition | Chairman + members (currently 10-11, decided by President) |
| Appointment | By President |
| Tenure | 6 years or age 65 |
| Removal | By President on SC inquiry (proved misbehaviour) |
| Functions | Conduct UPSC exams; advise on service matters, disciplinary cases |
Finance Commission (Art. 280)
| Feature | Detail |
|---|---|
| Article | 280 |
| Constituted | Every 5 years by President |
| Current | 16th Finance Commission (Chairman: Dr. Arvind Panagariya, 2024) |
| Function | Recommend distribution of tax revenue between Centre and States |
| 15th FC recommendation | 41% of divisible pool to states |
National Commission for SCs (Art. 338)
| Feature | Detail |
|---|---|
| Article | 338 (originally Art. 338 covered both SC/ST; split by 89th Amendment, 2003) |
| Composition | Chairperson + Vice-Chairperson + 3 members |
| Appointment | By President |
| Functions | Safeguard rights of SCs; investigate complaints; advise on policy |
| Powers | Powers of civil court (summoning, examining witnesses) |
| Reports to | President annually |
National Commission for STs (Art. 338A)
| Feature | Detail |
|---|---|
| Article | 338A (inserted by 89th Amendment, 2003) |
| Previously | Part of combined SC/ST Commission |
| Composition | Same structure as NCSC |
| Special role | Monitor implementation of 5th and 6th Schedule provisions |
National Commission for Backward Classes (Art. 338B)
| Feature | Detail |
|---|---|
| Article | 338B (inserted by 102nd Amendment, 2018) |
| Previous status | Was statutory body (under 1993 Act); now constitutional |
| Function | Examine inclusion/exclusion from OBC list; safeguard OBC interests |
Statutory Commissions (Created by Acts of Parliament)
National Human Rights Commission (NHRC)
| Feature | Detail |
|---|---|
| Established by | Protection of Human Rights Act, 1993 (amended 2006, 2019) |
| Composition | Chairperson (retired CJI) + 5 members (2 from judiciary, 3 from other fields) |
| Ex-officio members | Chairpersons of NCW, NCM, NCSC, NCST, NCBC, National Commission for Protection of Child Rights |
| Appointment | By President on recommendation of committee (PM + Speaker + Home Minister + Leaders of Opposition in both Houses) |
| Tenure | 3 years or age 70 (after 2019 amendment; was 5 years earlier) |
| Removal | Same as SC judge |
| Jurisdiction | Cannot inquire into events older than 1 year; no jurisdiction over Armed Forces |
| Powers | Powers of civil court; can visit jails; recommend compensation |
| Limitation | Recommendations are NOT binding (only recommendatory) |
National Commission for Women (NCW)
| Feature | Detail |
|---|---|
| Established by | National Commission for Women Act, 1990 (operational 1992) |
| Composition | Chairperson + 5 members + Member-Secretary |
| Appointment | By Central Government |
| Functions | Safeguard women’s rights; investigate complaints; review legislation |
| Can investigate | Complaints of deprivation of rights, non-implementation of laws |
| Powers | Powers of civil court |
National Commission for Minorities (NCM)
| Feature | Detail |
|---|---|
| Established by | National Commission for Minorities Act, 1992 |
| Notified minorities | Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis), Jains (added 2014) |
| Composition | Chairperson + Vice-Chairperson + 5 members (from minority communities) |
| Functions | Safeguard minority rights under Art. 25-30; investigate complaints |
| Powers | Powers of civil court |
Central Information Commission (CIC)
| Feature | Detail |
|---|---|
| Established by | Right to Information Act, 2005 |
| Composition | Chief Information Commissioner + up to 10 Information Commissioners |
| Appointment | By President on recommendation of committee (PM + Leader of Opposition in LS + Cabinet Minister) |
| Tenure | 3 years or age 65 (after 2019 amendment) |
| Function | Hear appeals against refusal of information under RTI |
| State level | State Information Commissions in each state |
Tribunals
Central Administrative Tribunal (CAT)
| Feature | Detail |
|---|---|
| Article | 323A (enables Parliament to create) |
| Established by | Administrative Tribunals Act, 1985 |
| Purpose | Adjudicate service matters of Central government employees |
| Composition | Chairman + Vice-Chairmen + Members (judicial + administrative) |
| Jurisdiction | Replaces High Court jurisdiction in service matters |
| Appeal | To High Court (Division Bench) |
| Benches | Principal Bench in Delhi + 17 additional benches |
| State equivalent | State Administrative Tribunals (Art. 323A) |
National Green Tribunal (NGT)
| Feature | Detail |
|---|---|
| Established by | National Green Tribunal Act, 2010 |
| Purpose | Speedy disposal of environmental cases |
| Chairperson | Retired SC/HC judge |
| Composition | Judicial members + Expert members (environmental science) |
| Jurisdiction | All environmental laws (7 statutes including EPA 1986, Water Act, Air Act, Forest Act) |
| Unique features | Can award compensation; principles of sustainable development; polluter pays |
| Time limit | Must dispose cases within 6 months |
| Appeal | To Supreme Court within 90 days |
| Principal Bench | New Delhi |
| India is | 3rd country to have dedicated environmental court (after Australia, New Zealand) |
National Company Law Tribunal (NCLT)
| Feature | Detail |
|---|---|
| Established by | Companies Act, 2013 (operational 2016) |
| Purpose | Company disputes, insolvency and bankruptcy cases (IBC, 2016) |
| Appeal to | NCLAT (National Company Law Appellate Tribunal) |
| Key role | Corporate Insolvency Resolution Process (CIRP) under IBC |
Debt Recovery Tribunal (DRT)
| Feature | Detail |
|---|---|
| Established by | Recovery of Debts Due to Banks and Financial Institutions Act, 1993 |
| Jurisdiction | Cases above Rs. 20 lakh |
| Appeal to | DRAT (Debt Recovery Appellate Tribunal) |
| Purpose | Fast-track recovery of bank loans |
Armed Forces Tribunal (AFT)
| Feature | Detail |
|---|---|
| Established by | Armed Forces Tribunal Act, 2007 |
| Purpose | Service matters and court-martial appeals of armed forces personnel |
| Replaced | Jurisdiction of High Courts in these matters |
Tribunals Reforms Act, 2021
| Feature | Detail |
|---|---|
| Purpose | Streamline tribunal appointments and functioning |
| Key provisions | Fixed 4-year tenure for members; minimum age 50; search-cum-selection committee |
| Controversy | SC struck down some provisions (Madras Bar Association case) — tenure too short |
| Abolished tribunals | Film Certification Appellate Tribunal, Airports Appellate Tribunal (merged with HC) |
Comparison: Constitutional vs Statutory Bodies
| Feature | Constitutional Body | Statutory Body |
|---|---|---|
| Created by | Constitution itself | Act of Parliament |
| Amendment needed to abolish | Yes (constitutional amendment) | No (simple repeal of Act) |
| Examples | ECI, UPSC, Finance Commission, CAG | NHRC, NCW, CIC, NGT |
| Status | Higher constitutional protection | Can be modified by legislature |
Art. 323A and 323B: Tribunal System
| Article | Subject |
|---|---|
| 323A | Administrative Tribunals (service matters) — Parliament ONLY can create |
| 323B | Tribunals for other matters (tax, land reform, labor, etc.) — Parliament OR State Legislature can create |
PSC Frequently Asked Questions
| Question | Answer |
|---|---|
| NHRC Chairman must be | Retired Chief Justice of India |
| NHRC cannot investigate events older than | 1 year |
| NCW established under which Act | National Commission for Women Act, 1990 |
| How many minorities notified | 6 (Muslim, Christian, Sikh, Buddhist, Parsi, Jain) |
| NGT established in | 2010 |
| CAT established under which Article | 323A |
| Finance Commission under which Article | 280 |
| Art. 338 deals with | National Commission for Scheduled Castes |
| Art. 338A deals with | National Commission for Scheduled Tribes |
| RTI Act year | 2005 |
| NHRC tenure (after 2019 amendment) | 3 years or age 70 |
| NGT appeal goes to | Supreme Court |
| CAT appeal goes to | High Court |
Memory Aid: Statutory bodies = “NNN-C”: NHRC (1993), NCW (1992), NCM (1992), CIC (2005). Constitutional commissions end in digits: ECI (324), UPSC (315), FC (280), NCSC (338), NCST (338A).
Related Notes
Hub: Indian Polity — Complete Guide for Kerala PSC
More on The Judiciary:
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