First Past the Post System

• Elections to  Lok Sabha & legislative Assemblies,  are held in accordance with  First-Past-the Post (FPTP) system 
• Elections to Rajya Sabha and Legislative Councils are under the system of proportional representation through single transferable vote

How First-Past-the Post System Works

• Voters vote for one candidate =>  candidate polling  highest number of votes  is declared elected.

Advantages of First-Past-the Post system

• It is easy to understand for electors.
• Counting is simple.
• Leads to stable governments in diverse country like India
• There is an identified representative for each constituency, accountable to his electorate. 
• Makers of our Constitution also felt that Proportional Representation based election may not be suitable for giving a stable government in a  parliamentary system

Disadvantages of First-Past-the Post system

• Winner takes all approach
• Parties having diffused base are not able to win even a single seat
• Results in Minority Democracy ruling the country. Eg : Present NDA Government got 37.4 % Vote  (17th Lok Sabha)

Why we adopted First-Past-the Post system

• Simplicity – Low literacy levels  at the time of independence, and unable to understand the complexity of the Proportional Representation SYSTEM.
• Familiarity – Before independence several elections were held regularly on the basis of First-Past-the Post system 
• Proportional Representation SYSTEM establishes party as a major center of power whereas First-Past-the Post gives an individual as a representative of the people 

Why Opposition now

Opponents of  First Past-The-Post (FPTP) system advocate the introduction of Proportional Representation System because of issue like in diverse country like India all people don’t get their legitimate representation. Eg in the general election of 2014, party like the BSP ended up without a single representative despite over 20 per cent vote share in state.

First Past the Post versus Proportional Representation

Hybrid System

• Hybrid System : two systems are merged into one combining the positive features from more than one electoral system.
  • Total seats are divided into Halves . Half of the seats in Parliament are filled by First Past the Post and Half seats by Proportional Representation
  • System is running successfully in Germany, New Zealand and Italy.
  • In Germany, while voting, Person cast two votes, one to Candidate and other to the Party .

• Need of this system
  • Parties with even 20% share of votes in state don’t even get one seat (as happened in 2014 National Votes in UP with BSP)
  • Law Commission’s 170th and 255th report also have suggested that 25% more seats should be added to the present Lok Sabha and be filled by Proportional Representation.
  • System running successfully in many European nations
  • Better compromise between FPTP System and PR System

Model Code of Conduct

What is Model Code of Conduct?

• Model Code of Conduct is
  • Set of norms ie dos and don’ts for any political party during the elections
  • Evolved with the consensus of political parties 
  • Comes into force immediately on announcement of the election schedule by the commission

How has the Model Code of Conduct evolved over time?

• Commission issued Model Code of Conduct for the first time in 1971 (5th Election) and revised it from time to time.
• In 2013, guidelines regarding election manifestos were added on the orders of Supreme Court

What are the key provisions of the Model Code of Conduct?

Model Code of Conduct contains eight provisions dealing with 

1. General Conduct 
2. Meetings: Parties must inform the local police authorities of the venue and time of any meeting 
3. Processions
4. Polling day
5. Polling booths
6. Observers
7. Party in power: Regulates the conduct of the party in power barring them official machinery for the same.
8. Election manifestos: Added in 2013, these guidelines prohibit parties from making promises that exert an undue influence on voters, and  that manifestos should also indicate the means to achieve promises. Eg freebies.

Making Model Code of Conduct legal

• Statutory shape for the model code would mean violations being tried in court; but at the same time , the Election Commission’s practice of using the code to restrain parties and candidates might be jeopardised. Code’s true power springs from the Election Commission’s active, interventionist role in real time during electioneering and polling, and not from successful prosecution in cases of violation
• In India, Courts take years to decide, and often their rulings come well after the term of the legislature is over.
• Even now moral authority of the model code is very strong and leaders are afraid of getting a notice under the model code.
• This is why the Election Commission itself, which once favoured making the code statutory is today apprehensive about it.

Analysis of its working

• Led to relatively free and fairer elections.
• Election Commission of India has achieved considerable success in containing the role of muscle power
• Model Code of Conduct bars the candidates from making hate speeches . This provision has  averted communal and caste riots  (Current 2019 : Yogi Adityanath, Mayavati, Azam Khan etc censured by Election Commission of India for Hate Speeches)
• Model Code of Conduct has ensured level playing field by barring the political party in power from using the state machinery in elections. 
• It has helped in keeping the campaign fair and healthy and avoid clashes 
• Freebies and manifesto guidelines has empowered Election Commission of India to cancel elections in case of evidence of use of money and gifts by candidates to influence voting pattern of voters.   Eg : 2019 Lok Sabha Elections –  polls in Vellore constituency in Tamil Nadu were cancelled due to evidence of use of money .

Criticism of Model Code of Conduct

• Large number of cases are filed for violation of Model Code of Conduct but they are not taken to logical end mainly because  Model Code of Conduct doesn’t have legal backing
• Model Code of Conduct comes into force from the time immediately on announcement of the election schedule . In 2019, the Model Code of Conduct lasted from March to May. This long implementation brings government work to standstill 
• Not able to contain money power effectively .
• Emergence of new forms of electoral malpractices eg – Manipulation through the media which is difficult to trace to specific political parties and candidates.

Elections to Legislative Assembly & Lok Sabha at same time

Why in news

• April 2018 : Law Commission has released a white paper on Simultaneous Elections
• Parliamentary Committee on Law & Justice has argued that Elections to Legislative Assembly & Lok Sabha should take place  at same time .

Historical Knowledge : After independence , first four elections were held at same time but after that  it couldn’t be continued . This was mainly done by Indira Gandhi , who wanted to cut the wings of regional leaders so that she needn’t depend on them for central power

Points in favour of this

1. Recommendation of Committees 
   • April 2018 : Law Commission has released a white paper on Simultaneous Elections. | 1999 : Law Commission Report recommended it
   • 2015 : Parliamentary Committee on Law & Justice 
2. Political Reason :
   • Frequent elections and implementation of Model Code of Conduct leads to policy paralysis and governance deficit impacting  development in country 
3. Economic Reasons :
   • Money & resources that are used on elections can be minimized  & used on Social Welfare
4. Social Reasons :
   • Elections in India are polarizing events and promotes communalism , casteism etc . Hence, fewer elections are better
5. Helpful in  Internal & External Security :
   • Concurrent polls would free central armed forces and manpower that is deployed at regular intervals for election duty so that they can be used better for their regular functions.
6. Examples from other countries : held successfully in Sweden & South Africa

Points against this

• Against Basic Structure of Constitution : To implement this system , there would be need of fixed tenure system .Fixed tenure is against Basic Structure of Constitution

• Result in lower Accountability : In present system, same political party has to approach voters multiple times (atleast 3 times) in 5 years. It  increases the accountability and answerability  

• Against the federal principle : National parties are going to benefit as Voters in India are not mature enough to vote on central & state issues at same time

• There is no report to vouch that development in India is stopped due to frequent elections

Alternate Way

Former Chief Election Commissioner Qureshi’s suggestion : Center should provide more paramilitary forces in bigger states like UP, Bihar etc so that election can be conducted in 1 Phase only and reduce time when Model code of conduct is in place 

Political  Parties

What is Political Party?

Voluntary association or organised group of individuals who share same political view and try to gain political power through constitutional means and who desire for promoting national interests of country.

Features of Party System in India ?

• Multi party system because of its continental size ,diversified society, adoption of universal adult franchise
• Most of time in history dominated by one party ie Congress. Hence, called Congress system
• Except for CPI,CPM & BJP no other party has clear ideology than to grab power
• Parties are organised around an eminent leader who become more important than ideology of party like Nehru & Indira Gandhi -Congress, NT Rama Rao- AIADMK
• Large number of parties are based on religion, caste, language , culture, race so on
• Emergence of large number of regional parties especially after internal emergency of 1975 has led to coalition politics at center
• Practice of defection gained greater currency  after fourth (1967) general elections and caused great instability to governments at state & central level
• Effective Opposition is very important for democratic government but most of time with clear majority of Congress, India never had an effective opposition. But situation completely reversed now

Issues with Political Parties in India

• Lack of Internal Democracy – tendency to keep power concentrated at the top and elections for administrative posts aren’t held .
• Dynastic  successions  – Political parties run like family fiefs
• Growing role of money and muscle power in parties

Recognition of parties

Who has power to recognise Political Parties ?

Election Commission of India

Why Parties Want Recognition ?

• Unique symbol across country 
• Free airtime on public broadcasters AIR and Doordarshan during the Lok Sabha elections.
• Two free copies of electoral rolls
• Their candidates need only one proposer to file their nomination papers.
• Deploy 40 star campaigners whose expenditure is not clubbed with the election expenses of an individual candidate.

Criteria by which National and State Parties are recognised ?

National parties in India

Presently 7 but keep on changing from time to time

BJP	Lotus
CPI (M)	Hammer ,Sickle & Star
CPI	Hammer and Sickle
Indian National Congress	Hand
Bahujan Samaj Party	Elephant
NCP	Clock
Trinamool Congress (Newest Entry)	Jora Ghas Phul

Issue  : Should political Parties be under Ambit of RTI

History

2013	Central Information Commission declared that – Six national parties to be public authorities under RTI Act – Directed them to appoint Public Information Officers
August 2013	Government introduced a Right To Information (Amendment) Bill which removed political parties from the scope of the law.

Parties should be under the purview of RTI  (ie Whether they are Public Authority)

• They should be included because
  • Parties receive substantial financing from government in form of subsidies , tax exemptions & benefits
  • Given free time on Government controlled media
  • Given land in prime areas at very low rates for establishment of office

• Political parties  indirectly make laws and shape public policy. Hence, they should be transparent
• For fighting Corruption and making them accountable : To breaking  nexus of Political Parties & Corporate Houses

Why Parties object

• Main excuse given by Political Parties : minutes of internal meetings of a political party  cannot be made public.
• Political parties are responsible under Representation of People Act and submit details of their expenses to Election Commission of India & income tax authorities

Above objection  can easily be dealt with by suitable exemptions . The real fear is exposure of their finances .  Parties are fighting to keep this a secret, fighting for their very survival as they see it. 

Issue : Inner Party Democracy in Political Parties

Unlike some countries like Germany and Portugal, India has no legal provision for enforcing internal democracy in a political party

In India , without any exception , almost no political party has inner party democracy . To take few examples

Congress	– Domination of the Nehru-Gandhi family – Rahul Gandhi= sixth member from the family to occupy the top post
BJP	– There has been no contest for the president’s post    – Selection of the party president in the BJP is  guided by RSS

Points in favour of Inner Party Democracy

• Ideological Arguments : Parties which are fighting to ensure democracy in the country should be democratic in their internal working as well.
• Increases accountability and promote transparency  (especially in using Party Funds)
• Helps in dismantling of nepotism & dynasty politics
• It would give space for dissent within the party reducing the possibility of formation of number of off shoots of political parties
• Cultivate a sense of ownership for local politician
• 2nd Administrative Reforms Commission (ARC) speaks about corruption due to high centralization

Way forward

• There is a need for a comprehensive law that deals specifically with inner party democracy.  

Salient Features of the Representation of People’s Act

1 . Qualification Matters

• Only elector can be representative. If not qualified to vote , then cant represent too.
• If seat is reserved for SC or ST, then only SC or ST can be elected. However, he may be registered voter from other constituency
• But in case of autonomous district of Assam, Sikkim, ST seat for Lakshadweep, elector should be enrolled in same constituency

Rajya Sabha	Should have his name in electoral roll of Parliamentary  Constituency at time of election (not necessarily from that state)
Legislative Council	Should be ordinarily resident of state
Lok Sabha	Should be listed in electoral roll of any Parliamentary Constituency in India
MLA	Should be listed in electoral roll of any Assembly Constituency in state

2. Disqualification Matters

2.1 Disqualification on conviction for certain offences under Section 8

Under Section 8(1), 8(2)  & 8(3) , Member will be Disqualified if convicted for these listed offences (even if punishment is just fine)  

1. Spreading communal hatred or promoting enmity between groups 
2. Offences related to rape
3. Cruelty toward woman by husband & dowry
4. Offence under Narcotic Drugs and Psychotropic Substances Act, 1985
5. Importing or exporting prohibited goods
6. Being a member or helping financially unlawful organisation
7. if sent to jail for atleast 2 years  for any other crime.

Disqualification  in all above cases will be from date of conviction and if there is imprisonment then till 6 years from date of his release.

But Section 8(4) provide a caveat –  ie If  MP/ MLA/MLC  appeal within 3 months of his conviction date for revision of such conviction then he would not be disqualified

2.2 Disqualification under Corrupt Practices

Under  Section 123 ,  MLA or MP can be disqualified under Corrupt Practices which include

• Bribery – both giving & receiving monetary & non monetary benefits
• Undue influences like threats, divine grace etc
• Making race, religion, caste, sex, language etc as basis to get votes
• Promoting hatred among Indians
• Making statements on character or motives of other candidates which are false
• Hiring of vehicle for conveyance of electors
• Flouting expenditure norms
• Taking help of government servants – gazetted officers , member of armed forced etc
• Booth capturing – punishable with imprisonment not less than 1 year to 3 years

Case of  person found guilty is referred to President for determination of question whether such person shall be disqualified or not & if yes then for what period (cannot exceed 6 years) . President decides in consultation with Election Commission & advice is conclusive

3. Political Parties

• Any association which calls itself a political party shall have to apply to Election Commission of India for registration
• Association’s memorandum shall contain specific provision that they bear allegiance to constitution of India
• Political party has to prepare report relating to contribution more than ₹20,000 in a year & submit it to Election Commission of India

4. Right to Vote

• All persons who are enrolled on electoral roll has right to vote
• If person votes at more than one constituencies all his votes would be deem to be void .
• Person in jail & lawful detention cant vote but in preventive detention can vote

Prelims Questions : Right to Vote is Constitutional Right while Right to Contest is Legal Right.

5. Disputes regarding Elections

• Election disputes are to be tried by respective High Courts .
• Election petition is the only way to challenge election.

Important cases regarding RPA :  Lily Thomas vs Union of India 2000

• Cause of case, following provisions of RPA,1951

Sec 8(1) & (2)	Those convicted for crimes listed under Section 8 (1), (2) of the Act will be disqualified for a minimum period of six years, even if the punishment is just a fine. (As mentioned above)
Sec 8(3)	If person is convicted under a punishable offence and jailed for 2 years  , then he will be disqualified for 6 years
Sec8(4)	But if  MP/ MLA appeal within 3 months of his conviction date for revision of such conviction then he would not be disqualified   Due to this provision, MLA & MPs who have been convicted for murder of even Cabinet members were not disqualified.

• Supreme Court  gave verdict in favour of Lily Thomas  and declared Section 8(4) as unconstitutional .

Importance of Judgement

• It is small step in cleaning  Indian politics and stop ‘CRIMINALISATION OF POLITICS’
• Will play role in reducing muscle power
• Leaders like Lalu Prasad have been disqualified and is showing desired affect
• Parties are now cautious to give tickets to tainted leaders whose cases are running in the court and chances of being decided during the life of house.

Way forward

• Bar candidates against whom charges have been framed by the court in heinous crimes from contesting elections
• Lifetime ban on convicted politicians from contesting elections (as suggested by Election Commission of India in Nov 2018)
• Set up fast track courts to exclusively prosecute and dispose criminal cases pending against MPs & MLAs within a year.
• Bar convicted politicians from becoming office bearer of a party.

Is seeking votes on name of Religion come under corrupt  practice?

Judgement ( Abhiram Singh v/s C.D. Comachen (dead))  2017

• 4-3 Ruling  
  • “religion, race, caste or language would not be allowed to play any role in the electoral process”
  • election of a candidate would be declared null and void if an appeal is made to seek votes on these considerations.
  • Word HIS include both candidate and elector (ie broader definition) 
• Dissenting Judgement :
  • RPA does not require such a broad interpretation and the word “his” does not include the elector/voter.
  • Markers such as religion are deeply rooted in the structure of the Indian society.
• The bench abstained from commenting on the “Hindutva” case.

Criticism of the judgement

• Doesn’t take into account the social realities: Election and consolidation of Dalits in elections has played important role in the emancipation of Dalits
• Historical Reason : People have  faced discriminations and deprivations on the ground of religion, caste and language. Hence they can’t be stopped from mobilising on these basis.
• Indian version of secularism  is different from Western Concept & doesn’t make wall between Religion and State .
• violates the right to freedom of speech under Article 19. 
• It “outlaws” parties like Akali Dal & Muslim League  whose  name violates this interpretation.
• Practical Reason : On-ground and door-to-door campaigning can’t be monitored. Hence, difficult to implement

Favour of the judgement

• Legislative history behind  Section 123 of RoPA  was to “curb communal, fissiparous and separatist tendencies. ” Present interpretation of Supreme Court is in line with this.
• Religion can have no place in secular activities like elections
• (Psychological Reason) Elections should be fought and votes should be casted on rational reasons .
• Will help in promoting fraternity and integrity of nation  
• Inline with principles of secularism which is a basic feature of the Constitution

Earlier Judgement – Hindutva Judgement, 1995 

• Supreme Court had held that since “Hinduism” and “Hindutva” amounted to a “way of life”, not every election speech that invoked these words amounted to a corrupt electoral practice.

Central Bureau of Investigation (CBI)

• Central Bureau of Investigation (CBI) is the main investigation agency of the central government for cases relating to (multidisciplinary cases)
  • Corruption
  • Economic offences
  • Major criminal probes.
• Superintendence of CBI rests with
  • Central Vigilance Commission  in corruption cases
  • Department of personnel and training (DoPT) in other matters.

• Takes up investigation of conventional crimes like murder, kidnapping , rape etc on request from state government
• Supreme Court and High Court can order Central Bureau of Investigation to investigate such a crime anywhere in the country without the consent of the State.
• CBI also acts as National Central Bureau of Interpol

• CBI derives powers from the provisions of Delhi Special Police Establishment Act (DSPE) , 1941 . CBI was set up by a resolution of Ministry of Home Affairs 1963 after Santhanam committee recommendation.
• Although DSPE Act gives legal power to CBI, 1946 , it is not a statutory body as (written in Laxmikant too)
  • Word ‘CBI’ is not mentioned in DSPE act.
  • Executive order of Ministry of Home Affairs did not mention CBI to be constituted under DSPE Act.

Divisions of CBI

CBI has following divisions

1. Anti Corruption Division
2. Economic Offences Division
3. Special Crimes Division
4. Policy and International Police Cooperation Division
5. Administration Division
6. Directorate of Persecution
7. Central Forensic Science Laboratory

Issues with CBI

1. It is not a statutory body and its powers are derived from DSPE Act, 1941
2. Earlier Supreme Court (Justice Lodha) in Coal Scam Case has termed CBI as a caged parrot with many masters on account of political interference in CBI’s functioning. These masters are
   • a. Ministry of Home Affairs : Controls Cadre Management  . If officer doesn’t work according to wishes of Government, he is transferred . 
   • b. Central Vigilance Commission  : While doing investigation of offences under Prevention of Corruption Act , CBI functions under Central Vigilance Commission
   • c. Department of Personnel and Training  : Training & Finances controlled by it
3. Plays partisan role : Eg –
   • Clean chit to Jagdish Tytler in the 1984 riots case and various Commissions like Nanavati Commission commented on the partisan role played by CBI in that  
   • Failure to appeal on the Babri Masjid case
4. CBI does not have its own cadre and is run by officers on deputation 
5. Overlapping jurisdictions: There is an overlap in jurisdictions of CVC, CBI and Lokpal in certain cases leading to problems.
6. Lack of Transparency: CBI is exempt from the provisions of the RTI Act of 2005

Fodder : 2019 case of CBI versus CBI infighting between CBI director (Alok Verma) vs his deputy (Rakesh Asthana) questioned the independence of independence of CBI . Timeline of what happened is as follows.

Steps already taken to improve working of CBI

1 . Supreme Court in Vineet Narain case has suggested reforms for making CBI independent (these provisions were added in Section 4B of Delhi Special Police Establishment Act in accordance with that )

• Supreme Court ruled that the Director of the CBI should be appointed and transferred on the recommendations of a committee of
  1. Prime Minister
  2. Leader of Opposition
  3. Chief Justice of India
• Director shall have a minimum tenure of two years, and in extra-ordinary situation,  premature transfer should have the approval of the Selection Committee which appointed it.

2 . CBI has been exempted from consultation with UPSC for recruitment to the post of DSP for a period of 3 years in 2017.

3. Advanced Certified Course for CBI officers to enhance their investigation skills, from National Law School of India University and IIM Bangalore.

4. Various schemes for Modernization of training centers in CBI

More steps required

• Central Bureau of Investigation should be under Lokpal . Amendments should be made accordingly as originally envisaged in Lokpal Bill.
• Make a separate law to make CBI a statutory body as suggested by 2nd ARC & Parliamentary Committees , thus giving it more autonomy to function and reducing political interference.
• CBI should develop its own cadre of officers who are not hindered by deputation issues and abrupt transfers.

Central Vigilance Commission

• Central Vigilance Commission is the main agency for preventing corruption in Central government.
• It was established in 1964 by an executive resolution of Central government but given Statutory Status in 2004
• Recommended by Santhanam Committee on Prevention of Corruption (1962–64).

Composition of Central Vigilance Commission

• Central Vigilance Commission is a multi-member body consisting of
  • Central Vigilance Commissioner (chairperson) and
  • Not more than two vigilance commissioners.

• They are appointed by the President by warrant  on the recommendation of a three-member committee consisting of  Prime Minister , Home Minister & Leader of Opposition in Lok Sabha.

• They hold office for a term of four years or until they attain the age of 65 years, whichever is earlier.
• After their tenure, they are not eligible for further employment under Central or a state government.

• Salary, allowances and other conditions of service of
  • Central Vigilance Commissioner = Chairman of UPSC
  • Vigilance Commissioner = member of UPSC.

But they cannot be varied to his disadvantage after his appointment.

• Central Vigilance Commission has its own Secretariat, Chief Technical Examiners (CTE) and a wing of Commissioners for Departmental Inquiries

Jurisdiction

• Members of All India Services  of the Union and Group A officers of the Central Government.
• Officers of the rank of Scale V and above in the Public Sector Banks.
• Managers and above in General Insurance Companies.
• Officers drawing salary of `8700/- p.m. and above on Central Government D.A. pattern

Working

• Central Vigilance Commission conducts its proceedings at its headquarters (New Delhi). It is vested with the power to regulate its own procedure.
• It has all the powers of a civil court and its proceedings have a judicial character.
• All ministries/departments in the Union Government have a Chief Vigilance Officer (CVO) who heads the Vigilance Division of the organisation ,  advising the Head of Office in  matters pertaining to vigilance. He is  a link between  organisation and  Central Vigilance Commission on one hand and his organisation and Central Bureau of Investigation on  other.
• The Central Vigilance Commission, on receipt of the report of the inquiry undertaken by any agency on a reference made by it, advises the Central government to further course of action.  Central government consider the advice of the Central Vigilance Commission and take appropriate action. However, where the Central government does not agree with the advice of the Central Vigilance Commission, it shall communicate the reasons (to be recorded in writing) to the Central Vigilance Commission.

The Central Vigilance Commission has to present annually to the President a report on its performance.  President places this report before each House of Parliament.

Central Information Commission

• Established  in 2005 under the provisions of  Right to Information Act (2005) (statutory body)

Functions

• It  is a high-powered independent body which inter alia looks into the complaints made to it and decide the appeals. It entertains complaints and appeals pertaining to offices, financial institutions, public sector undertakings, etc., under the Central Government and the Union Territories.

Composition

• It consists of
  • Chief Information Commissioner
  • Not more than ten Information Commissioners.
• Appointed by the President on the recommendation of a committee consisting of Prime Minister, Leader of Opposition &  a Union Cabinet Minister nominated by Prime Minister.

Qualification to become Chief Information Commissioner and Information Commisioners

• They
  • should be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
  • should not be MP or MLA .
  • should not hold any other office of profit
  • Should not be connected with any political party or carry on any business or pursuing any profession.

Term

• Chief Information Commissioner and Information Commissioners  hold office for a
  • term of 5 years or
  • until they attain the age of 65 years, whichever is earlier.
• They are not eligible for reappointment
• Salaries and other benefits are equivalent to Chief Election Commissioner

State Information Commission

• Right to Information Act of 2005 provides for the creation of not only the Central Information Commission but also a State Information Commission at the state level. Accordingly, all the states have constituted the State Information Commissions through Official Gazette Notifications.
• State Information Commission is a high-powered independent body which interalia looks into the complaints made to it and decide the appeals. It entertains complaints and appeals pertaining to offices, financial institutions, public sector undertakings, etc., under the concerned state government.”
• The Commission consists of a State Chief Information Commissioner and not more than ten State Information Commissioners. They are appointed by the Governor on the recommendation of a committee consisting of the Chief Minister as Chairperson, Leader of Opposition in the Legislative Assembly and a State Cabinet Minister nominated by Chief Minister.
• They should be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
• They should not be a Member of Parliament or Member of the Legislature of any State or Union Territory. They should not hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.”
• The State Chief Information Commissioner and a State Information Commissioner hold office for a term of 5 years or until they attain the age of 65 years, whichever is earlier. They are not eligible for reappointment.
• The Governor can remove the State Chief Information Commissioner or any State Information Commissioner from the office.

National Human Rights Commission

• National Human Rights Commission (NHRC) is the watchdog of human rights in India.
• It was established in 1993 under Protection of Human Rights Act,1993.
• It is a Statutory body (not constitutional).

Functions of NHRC

• Main purpose is, suo – moto or through petition of person , to investigate the violation of human rights or failure of state to prevent human rights violation
• Inspecting police lock-ups, prisons and juvenile homes where people are interred.
• Payment of compensation to the victim or to her/his family;
• Disciplinary proceedings against delinquent officials;
• It may also
  1. Conduct research about human rights
  2. Create awareness among people about human rights
  3. Encourage work of NGOs in this regard

Composition of NHRC

It consist of a Chairman and 4 members.

Chairman	Retired Chief Justice of India.
4 members	1. One Member who is, or has been, a Judge of the Supreme Court of India . 2. One Member who is, or has been, the Chief Justice of a High Court. 3. Two Members to be appointed from among persons having knowledge of, or practical experience in, matters relating to human rights.

Apart from above  full time members + 4 ex officio members and those are chairmen of

National commission for SC	National commission for women
National commission for ST	National commission for minorities

Term of Office

• Chairman and members hold office for 5 yrs or till they attain age of 70.
• Member or chairman can be removed if he is adjudged an  insolvent,engages in any paid employment,infirmity of mind,unsound mind so declared by court .
• Salaries and conditions determined by Central government but cant be reduced.

Why was it established ?

The establishment of NHRC  in 1993 resulted from the culmination of a number of national and international factors.

• Internal conflicts in Punjab, Jammu & Kashmir and  North – Eastern states escalated in the 1980s and early 1990s and were dealt with by the government with a heavy hand.
• Media, civil society organisations and general public increasingly expressed concern about police and security forces’ actions in tackling insurgency and the culture of impunity within the government – basic human rights were being ignored in the name of national security.
• Pressure of international community   to protect human rights.

In this context, the Protection of Human Rights Act, 1993 was enacted, which enabled the establishment of the National Human Rights Commission in Delhi and 14 state human rights commissions around the country.

Limitations of NHRC

Issue 1 : Flaws in Selection process

• Not sufficiently broad and transparent
• No  advertisement for vacancies in top posts is given out

Issue 2 : Flaws in Investigation process

• Non-independent investigators – involvement of serving or retired police officers in the investigation of human rights violations, particularly where the alleged perpetrators is the police itself.

Issue 3 : Composition – Less representation to women.

• Only 20% of the NHRC’s staff is women and since 2004, there hasn’t been a single woman on the governing body.
• The legislative requirement of having an ex-CJI as Chairperson and choosing members of the senior judiciary restricts the potential pool of candidates who can be appointed, especially women.

Issue 4 : Outright rejection of a recommendation .

• Governments often ignore the recommendation completely 

5 . Other problems

• Mammoth backlog of cases-around  40,000 cases pending
• Time bar :  Under the Act, human rights commissions cannot investigate an event if the complaint was made more than one year after the incident.Therefore, a large number of genuine grievances go unaddressed.
• Powers  of the National Human Rights Commission relating to violations of human rights by the armed forces have been restricted to simply seeking a report from the Government, (without being allowed to summon witnesses), and then issuing recommendations.

Suggested proposals

If human rights commissions are to truly protect and promote human rights in India, changes must be made to enable them to become more effective institutions. Some suggested proposals are:

More teeth	Their decisions should be immediately made enforceable by the government.
Including armed forces in the ambit	Not allowing commissions to independently investigate complaints against the military  furthers the culture of impunity.
Commission membership	Commission must include civil society human rights activists as members.
Separate agency to investigate police-related complaints	International experience: 1. UK has an Independent Police Complaints Commission 2. South Africa has an Independent Complaints Directorate 3. Brazil has Police Ombudsmen offices

Advocate General of State

• The Constitution (Article 165) has provided for the office of the advocate general for the states.
• He is the highest law officer in the state. Thus he corresponds to the Attorney General of India.

Appointment and Term

• The advocate general is appointed by the Governor.
• He must be a person who is qualified to be appointed a judge of a High Court.
• In other words, he must be a citizen of India and must have held a judicial office for ten years or been an advocate of a high court for ten years.
• The term of office of the advocate general is not fixed by the Constitution.
• Further, the Constitution does not contain the procedure and grounds for his removal. He holds office during the pleasure of the Governor. This means that he may be removed by the governor at any time. He may also quit his office by submitting his resignation to the governor.
• Conventionally, he resigns when the government (Council of Ministers) resigns or is replaced, as he is appointed on its advice.
• The remuneration of the advocate general is not fixed by the Constitution. He receives such remuneration as the Governor may determine.

Duties and Functions

• To  give advice to the government of the state upon such legal matters which are referred to him by the governor.
• To perform such other duties of a legal character that are assigned to him by the governor.
• To discharge the functions conferred on him by the Constitution or any other law.

In the performance of his official duties, the advocate general is entitled to appear before any court of law within the state. Further, he has the right to speak and to take part in the proceedings of both the Houses of the state legislature or any committee of the state legislature of which he may be named a member, but without a right to vote. He enjoys all the privileges and immunities that are available to a member of the state legislature.