MANDAR PATKI

AIR 22 CSE 2019

NHRC CIC CVC CBI LOKPAL

ACT Protection of Human RTI,2005 1. exe. resol.1964 1.No statutory base Lokpal and Lokayuktas Act,
Rights Act,2003 2. CVC act, 2003 2.resolution of HM 2013
HOME MINISTRY MINISTRY OF PERSONNEL INDEPENDENT BODY MINISTRY OF PERSONNEL

Complaints only Responsible only to Derives power from

against central and PARLIAMENT DPSE act,1946
UT offices, insti, psu
PANEL PM+ Speaker+ Depty PM+ LoO+ UM PM+ LoO+ HM 1. DIRECTOR- 1. selection comm:
Chairman+ LoO+ LoO PM+LoO+CJI PM + Speaker + LoO + CJI
+ HM (as per L&LA,2013) + eminent j
Sitting judge of SC or CJ of HC- 2. DoProsecution
only on consult with CJI
Recomm by CVC
SHRC: CM + HM + (as per L&LA,2013)
LoO + Speaker + 3. SP and above-
Chairman (if LC) + CVC+2VC+SoHM+
LoO (if LC) SoDoPT

STRENGTH NHRC-1+5 (2+3) 1+10max 1+2 Max- 8

1. atleast 50% judicial- S or
R judge of SC or CJ of HC
SHRC- 1+2 2. 50% Non judicial- More
than 25 years exp in anti-
corruptn policy, pub Ad,
vigilance, finance (including
insurance and banking)
3. atleast 50% reserve for
woman, SC, ST

QUALIFICATION NHRC
1. chair- retired CJI/ J
2. members
-s or r Judge of SC
-s or r CJ of HC
-3 member: knowledge
or practical exp wrt HR
1.Person of eminence NOTE- CBI under Qualification for chairman:
in public life with administrative control 1. s or r CJI or s or r Judge of
wide knowledge and of DoPT, Ministry of SC or non judicial member
exp in law, sci-tech, Personnel only if (eminent + 25 yr exp
social service, mana, in anticorruption, Pub Ad,
journalism, mass Vigilance, finance including
media or admini and insurance and banking, law,
governance Management)
2. not MP or MLA NOTE- min Age of chair= 45 yrs
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3.ex officio- SC, ST, 3. Not conn with Pol
BC, Minorities, party
Woman, PwD, Child 4. no business or
pursuing any
profession

APPOINTMENT President President President (H&S) Central Govt Prsident

TENURE 3 or 70 years Prescribed by 4 or 65 years Director- 2 year 5 or 70 yrs

Central Govt or 65
yrs (2019 Amend)

REAPPOINTMENT HR (Amend) Act, Not eligible Not eligible Both not eligible for any
2019- Chair and IC- as CIC, no other constitutional or statutory
Members of N & post + cannot contest
SHRC Eligible for election + gupchup ghari bas
reappoint in same
office

SALARIES/ ALLO Central Govt 1.CIC- CEC Same as UPSC Chairman= CJI
SHRC- State govt 2. IC- ECs Members= Judge of SC

ANNUAL REPORT NHRC- report to Central Govt- both President-both President

BOTH Central and houses houses
State govt
NHRC should be
informed of action
taken on its report in 1
month
Armed force-3 month
REMOVAL 1. insolvent 1. insolvent Same as CIC SC: Only by Selection 1. Misbehaviour or incapacity
2. paid employ 2. paid employ committee - Petition signed by 100
3. unfit- infirmity of 3. unfit- infirmity of members of
body or mind body or mind Parliament (thus
4.unsound mind 4. moral turpitude mixed LS and RS)
5. convicted and 5. acquired financial and inquiry by SC
sentenced for offence or other interest 2. IIP
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6. misbeh or incapacity- which likely to affect
SC enquiry his official function
6.misbeh or incap-SC

MISCELLANEOUS 1. only 1 year window 1. suo motu powers 1. Nodal agency for 1. under CVC act,2003 1. L&L Act- Applicable to
of crimes + Suo Motu (if reasonable PoCA,1988, – superintendence rest whole country (Including
grounds) PMLA, with Central govt J&K + public servents
2. power of civil court Whistleblowers (except when PoCA- outside India)
Power to regulate own 2. can impose penalty - Investigate cases CVC)
procedure- proceedings on PIO refered by central 1.Juridiction of lokpal:
have Judicial against authorities 2.Directorate of - Anyone who is or has been:
character 3. power of civil under central in prosecution -for PM + Ministers + MPs
court PoCA conducting (except Art 105)+ Group A,
3. have own prosecution under B, C, D official of Central
investigation staff 4. Removal: 2.ONLY agency lokpal act,2013 govt.
CIC- Prez against motivated + Institutions financed Fully
3. Amendment in 2006- SIC- Gov or false complaints 3.PoCA investigation or Partially (but Not aided
1)SHRC – from 5 to 3 for employees of insti) by centre or estd by Act
2)NHRC- visit jail NOTE- 3. own secretariat central govt and UTs of parliament,
w/o intimation of Salaries of SIC: and their public sector + Entities receiving FCRA
state govt 1. SCIC- Election 4. consulted by undertakings above 10 Lakh
Commissioner centre on
4. HR courts- By state 2. SIC- Chief disciplinary matters 4. infringement of 2. Confiscation of property
govt with concurrence Secretary of state of AIS and CS fiscal/economic laws, even if prosecution is pending
of CJ of HC govt serious crimes, taking
5.Jurisdiction- AIS, up request of state 3. Clear timelines
SHRC- 5. CIC- only PSB, RBI, SIDBI govt, any case of public Preliminary 2 2
1. only wrt state and appellate authority NABARD, PSU, importance. Inquiry m m
Investigation 6 6
concurrent list, 1+2 which can declare GIC, LIC, local Maintaining crime
m m
members, removed only body as public authorities statistics and Trial 1yr 1yr
by President (BUT authority if &socities controlled disseminating criminal
resignation- Gov) convinced that body by central govt info 4. Investigation Wing and
fits into criteria for Prosecution Wing: IW-
2. SHRC qualification being under RTI act 6. Lokpal>>Group 5.’national central conduct preliminary inquiry
Chair- retired CJ or J A,B,C,D>>CVC>> bureau’ of Interpol in PW- prosecute public servent
of HC enquire>>send india.
Member- report about A and 5. NO suo motu + within 7
I. S or r judge of HC or yrs to file complaint + legal
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district judge with 7 yr B to lokpal>> do 6.role of CBI- assistance to public servent+
exp investi on C and D Supplementary to that no anonymous complaints
II. Person with practical of state police forces
exp in HR 7. powers of Civil 6. Direct. of prosecution:
Court 7. organized crime, HR, From law ministry>>CBI
3. Committee- CM+ Cyber & high-tech director
LoO+LoO+Speaker+ 8. NO suo motu 8.Suo motu
HM + chairman (Not 7. public servents>> not
depty as in NHRC) 9. Advise govt for 9. General Consent : represent in preliminary
proper action As CBI has juri wrt inquiry if case requires
against employee only central govt surprise Raids and searches
(thus no employees>> thus
prosecution) perimission from states 8. CBI>> panel of advocate
with lokpal permission>> not
- Central Govt can depend on govt advocate
authorize CBI to
investigate crime in 9. Lokpal shall NOT enquire
state only with states into Complaints against its
consent own chairperson or
- BUT, SC and HC can members
do it w/o state’s
consent 10. Chair or members are
deemed to be public servent

11. Complaint against PM-

cannot be taken of External
relations, public order, ext or
int security, atomic energy
and space
for other cases against PM:
1.FULL members need to
consider initiation of inquiry
+ 2/3rd approve such inquiry
OTE- Two Commisions: NHRC and CAG>>> submits report to BOTH Central and State Govt (CAG- Prez and Gov)
Two Commisions: NCSC and NCST>>>Submits report to President>> forwards to Gov