Non-Constitutional Bodies

The story behind it

The Planning Commission was set up in March 1950 with the Prime Minister as chairman. The National Development Council (1952) brought the Prime Minister, all Union Cabinet Ministers, the Chief Ministers and the members of the Planning Commission together to approve Five-Year Plans. It was not an organ of the Planning Commission (UPSC 2013). Critics said the Commission had become a “super cabinet” that told States how to spend their money.

On 1 January 2015 it was replaced by NITI Aayog (National Institution for Transforming India). NITI is a think tank: it does not allocate funds. Its Governing Council of the Prime Minister and all Chief Ministers took over the NDC’s role in practice. The Five-Year Plans ended with the twelfth (2012–17).

How UPSC asks it

1. UPSC 2014 Which of the following are associated with 'Planning' in India?
   1. The Finance Commission
   2. The National Development Council
   3. The Union Ministry of Rural Development
   4. The Union Ministry of Urban Development
   5. The Parliament
   1. 1, 2 and 5 only
   2. 1, 3 and 4 only
   3. 2 and 5 only
   4. 1, 2, 3, 4 and 5
   Show answer

   (c) 2 and 5 only. UPSC’s key: the NDC (approves plans) and Parliament.
2. UPSC 2013 Consider the following statements:
   1. The National Development Council is an organ of the Planning Commission.
   2. The Economic and Social Planning is kept in the Concurrent List in the Constitution of India.
   3. The Constitution of India prescribes that Panchayats should be assigned the task of preparation of plans for economic development and social justice.
   1. 1 only
   2. 2 and 3 only
   3. 1 and 3 only
   4. 1, 2 and 3
   Show answer

   (b) 2 and 3 only. The NDC was a separate body, not an organ of the Planning Commission.
3. UPSC 2013 Who among the following constitute the National Development Council?
   1. The Prime Minister
   2. The Chairman, Finance Commission
   3. Ministers of the Union Cabinet
   4. Chief Ministers of the States
   1. 1, 2 and 3 only
   2. 1, 3 and 4 only
   3. 2 and 4 only
   4. 1, 2, 3 and 4
   Show answer

   (b) 1, 3 and 4 only. The Finance Commission chairman was not a member.
4. UPSC 2013 Which of the following bodies does not/do not find mention in the Constitution?
   1. National Development Council
   2. Planning Commission
   3. Zonal Councils
   1. 1 and 2 only
   2. 2 only
   3. 1 and 3 only
   4. 1, 2 and 3
   Show answer

   (d) 1, 2 and 3. All three are extra-constitutional (executive or statutory).

Reading the law

None of India’s anti-corruption bodies is in the Constitution. Each rests on a statute, which is where UPSC’s traps come from.

• Lokpal (Lokpal and Lokayuktas Act, 2013): a Chairperson and up to eight members, half of them judicial members, and at least half from SCs, STs, OBCs, minorities and women. The selection committee is the Prime Minister, the Lok Sabha Speaker, the Leader of the Opposition, the Chief Justice of India (or a judge nominated by the CJI) and an eminent jurist. The Act applies to public servants “in and outside India”, including the Prime Minister, with safeguards (UPSC 2025).
• Lokayuktas: the 2013 Act required every State to set one up by its own law within a year. Maharashtra had the first, in 1971.
• Central Vigilance Commission: set up in 1964 by executive resolution on the Santhanam Committee’s advice, and made statutory by the CVC Act, 2003, after the Supreme Court’s directions in Vineet Narain (1997).
• CBI: created in 1963 by a Home Ministry resolution. Its legal powers come from the Delhi Special Police Establishment Act, 1946, which is why it needs a State’s consent to investigate there. Its Director is chosen by a committee of the Prime Minister, the Leader of the Opposition and the Chief Justice of India.

The story behind it

The Administrative Reforms Commission (1966, under Morarji Desai) proposed a Lokpal and Lokayuktas. Lokpal Bills were introduced eight times between 1968 and 2001 and lapsed each time. The 2011 anti-corruption movement led by Anna Hazare finally produced the 2013 Act. The first Lokpal, Justice Pinaki Chandra Ghose, was appointed only in March 2019.

How UPSC asks it

1. UPSC 2026 With reference to the organisations under the Government of India, consider the following details: In how many of the above rows are the given details correctly matched?

   Organisation	Function	Controlling Union Ministry
   1. Central Economic Intelligence Bureau (CEIB)	To coordinate between various law enforcement agencies	Ministry of Home Affairs
   2. Serious Fraud Investigation Office (SFIO)	To investigate complex corporate frauds	Ministry of Finance
   3. Central Bureau of Investigation (CBI)	To preserve values in public life and ensure the health of the national economy	Ministry of Personnel, Public Grievances and Pension

   1. 1
   2. 2
   3. 3
   4. None
   Show answer

   (a) 1. Only row 3 is right: the CBI’s mission is to preserve values in public life and ensure the health of the national economy, and it works under the Department of Personnel and Training. CEIB is under the Ministry of Finance (Department of Revenue), and SFIO is under the Ministry of Corporate Affairs.
2. UPSC 2025 Consider the following statements about Lokpal: I. The power of Lokpal applies to public servants of India, but not to the Indian public servants posted outside India. II. The Chairperson or a Member shall not be a Member of the Parliament or a Member of the Legislature of any State or Union Territory, and only the Chief Justice of India, whether incumbent or retired, has to be its Chairperson. III. The Chairperson or a Member shall not be a person of less than forty-five years of age on the date of assuming office as the Chairperson or Member, as the case may be. IV. Lokpal cannot inquire into the allegations of corruption against a sitting Prime Minister of India.
   1. III only
   2. II and III
   3. I and IV
   4. None of the above statements is correct
   Show answer

   (a) III only. Only III is correct. The Act covers public servants abroad; the chair can be a former CJI, former SC judge or eminent person; and the PM is covered with safeguards.

Reading the law

• NHRC (Protection of Human Rights Act, 1993): until 2019 the Chairperson had to be a retired Chief Justice of India (UPSC 2004). The 2019 amendment widened this to a retired Chief Justice or a retired Supreme Court judge, and cut the term from five years to three.
• Limits in the Act: the NHRC can recommend, not enforce. It cannot inquire into a matter more than one year old, and for the armed forces it can only seek a report from the government.
• Other rights bodies: the National Commission for Women (Act of 1990, set up 1992), the National Commission for Minorities (1992 Act) and the National Commission for Protection of Child Rights (2005 Act, set up 2007). All are statutory. The National Commissions for SCs, STs and Backward Classes are constitutional (Chapter 19).

The story behind it

The NHRC was created in line with the UN’s Paris Principles (1991) on national human rights institutions. Its accreditation with the global alliance of such institutions has been deferred since 2023, over concerns about its independence and the role of police officers in its investigations.

How UPSC asks it

1. UPSC 2004 According to the National Human Rights Commission Act, 1993, who amongst the following can be its Chairman?
   1. Any serving Judge of the Supreme Court
   2. Any serving Judge of the High Court
   3. Only a retired Chief Justice of India
   4. Only a retired Chief Justice of a High Court
   Show answer

   (c) Only a retired Chief Justice of India. Correct in 2004. Since the 2019 amendment, a retired Supreme Court judge can also be appointed.

The story behind it: councils made by law

• Zonal Councils are statutory, under the States Reorganisation Act, 1956. There are five, each chaired by the Union Home Minister. The North Eastern States have their own North Eastern Council instead.
• North Eastern Council: set up under the NEC Act, 1971 as an advisory body. The 2002 amendment made it a regional planning body and added Sikkim, so it now covers eight States; its members are their Governors and Chief Ministers plus members nominated by the President (UPSC 2024).
• Quality Council of India: set up in 1997 jointly by the Government of India and three industry bodies, ASSOCHAM, CII and FICCI (UPSC 2017).

How UPSC asks it

1. UPSC 2024 The North Eastern Council (NEC) was established by the North Eastern Council Act, 1971. Subsequent to the amendment of NEC Act in 2002, the Council comprises which of the following members?
   1. Governor of the Constituent State
   2. Chief Minister of the Constituent State
   3. Three Members to be nominated by the President of India
   4. The Home Minister of India
   1. 1, 2 and 3 only
   2. 1, 3 and 4 only
   3. 2 and 4 only
   4. 1, 2, 3 and 4
   Show answer

   (a) 1, 2 and 3 only. The 2002 amendment provides for Governors, Chief Ministers and three presidential nominees. The Home Minister chairs it under a 2018 executive decision, not the Act.
2. UPSC 2021 With reference to the Union Government, consider the following statements:
   1. The N. Gopalaswamy Iyengar Committee suggested that a minister and a secretary be designated solely for pursuing the subject of administrative reform and promoting it.
   2. In 1970, the Department of Personnel was constituted on the recommendation of the Administrative Reforms Commission, 1966, and this was placed under the Prime Minister's charge.
   1. 1 only
   2. 2 only
   3. Both 1 and 2
   4. Neither 1 nor 2
   Show answer

   (b) 2 only. The Ayyangar Committee (1949) suggested an Organisation and Methods division, not a dedicated minister and secretary. 2 is correct.
3. UPSC 2017 With reference to 'Quality Council of India (QCI)', consider the following statements:
   1. QCI was set up jointly by the Government of India and the Indian Industry.
   2. Chairman of QCI is appointed by the Prime Minister on the recommendations of the industry to the Government.
   1. 1 only
   2. 2 only
   3. Both 1 and 2
   4. Neither 1 nor 2
   Show answer

   (c) Both 1 and 2. Both are correct.

Reading the law: statutes UPSC keeps asking about

This section’s PYQs test individual laws, not the Constitution. The key lines:

• Zero FIR: section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 makes it statutory. A police station must register an FIR for a cognisable offence wherever it happened, and transfer it. FIRs can also be filed electronically.
• Rights of Persons with Disabilities Act, 2016: recognises 21 disabilities, up from 7; reserves 4% of government jobs and at least 5% of seats in government higher education institutions; free education for children with benchmark disabilities from 6 to 18.
• Maternity Benefit (Amendment) Act, 2017: paid leave raised from 12 to 26 weeks for the first two children; a crèche required in establishments with 50 or more employees (UPSC 2019).
• Aadhaar: in Puttaswamy (2018) the Court upheld the Act but struck down the clause letting private companies use Aadhaar for verification, and cut metadata storage to six months (UPSC 2020).
• Prisons and police are State subjects (State List, Entries 4 and 2), so each State has its own prison rules (UPSC 2023). The Home Ministry’s Model Prisons Act, 2023 is a model for States to adopt, not a binding law. Home Guards are raised under State laws.
• Custody: police custody means the accused is held by the police for questioning; judicial custody means held in jail under a magistrate’s order. Parole is a matter of discretion, not a right (UPSC 2021).

How UPSC asks it

1. UPSC 2026 Which of the following statements with regard to the persons with disabilities in India is/are correct?
   1. The Rights of Persons with Disabilities Act, an Act passed by the Parliament of India in 2018, mandates reservation in education and employment, places a legal duty on Governments to ensure accessibility and non-discrimination.
   2. The Sugamya Bharat Abhiyan focuses on achieving universal accessibility for Persons with Disabilities across three key domains — built infrastructure, transport systems and information and communication technology.
   3. The National Divyangjan Finance and Development Corporation (NDFDC) is a public sector organisation set up by the Ministry of Corporate Affairs as a not-for-profit company to promote entrepreneurship among Persons with Disabilities (PwDs).
   Select the answer using the code given below:
   1. 1 and 2
   2. 2 only
   3. 1 and 3
   4. 1 only
   Show answer

   (b) 2 only. The RPwD Act was passed in 2016 (not 2018). Sugamya Bharat Abhiyan (2015) covers built environment, transport and ICT. NDFDC works under the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, not the Ministry of Corporate Affairs.
2. UPSC 2026 Which of the following statements about a Zero First Information Report (Zero FIR) under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is/are correct?
   1. A Zero FIR can be lodged at a police station, even though the place of commission of a cognizable/non-cognizable offence is outside the territorial jurisdiction of that police station.
   2. The Officer-in-Charge of the police station where a Zero FIR has been lodged may, with the permission of the competent authority, initiate a preliminary enquiry.
   3. Under Zero FIR, it is obligatory for the informant to furnish information electronically.
   Select the answer using the code given below:
   1. 1, 2 and 3
   2. 2 and 3 only
   3. 1 only
   4. 2 only
   Show answer

   (c) 1 only. Section 173(1) BNSS lets information be given at any police station ‘irrespective of the area where the offence is committed’, which is the Zero FIR. The station that receives it registers it and transfers it to the station with jurisdiction; the preliminary enquiry under Section 173(3) is for the investigating station. Information may be given orally or electronically, so electronic filing is an option, not a duty.
3. UPSC 2023 With reference to Home Guards, consider the following statements:
   1. Home Guards are raised under the Home Guards Act and Rules of the Central Government.
   2. The role of the Home Guards is to serve as an auxiliary force to the police in maintenance of internal security.
   3. To prevent infiltration on the international border/coastal areas, the Border Wing Home Guards Battalions have been raised in some states.
   How many of the above statements are correct?
   1. Only one
   2. Only two
   3. All three
   4. None
   Show answer

   (b) Only two. Home Guards are raised under State Acts and rules, so 1 is wrong.
4. UPSC 2023 Consider the following statements: Statement-I: In India, prisons are managed by State Governments with their own rules and regulations for the day-to-day administration of prisons. Statement-II: In India, prisons are governed by the Prisons Act, 1894 which expressly kept the subject of prisons in the control of Provincial Governments.
   1. Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
   2. Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
   3. Statement-I is correct but Statement-II is incorrect
   4. Statement-I is incorrect but Statement-II is correct
   Show answer

   (a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I. Prisons have been a provincial (now State) subject since the 1894 Act; that is why States manage them.
5. UPSC 2021 With reference to India, consider the following statements:
   1. When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right.
   2. State Governments have their own Prisoners Release on Parole Rules.
   1. 1 only
   2. 2 only
   3. Both 1 and 2
   4. Neither 1 nor 2
   Show answer

   (b) 2 only. Parole is a concession, not a right.
6. UPSC 2021 With reference to India, consider the following statements:
   1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in a police station, not in jail.
   2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.
   1. 1 only
   2. 2 only
   3. Both 1 and 2
   4. Neither 1 nor 2
   Show answer

   (b) 2 only. In judicial custody the accused is held in jail, not a police station.
7. UPSC 2020 Consider the following statements:
   1. Aadhaar metadata cannot be stored for more than three months.
   2. The State cannot enter into any contract with private corporations for sharing of Aadhaar data.
   3. Aadhaar is mandatory for obtaining insurance products.
   4. Aadhaar is mandatory for getting benefits funded out of the Consolidated Fund of India.
   1. 1 and 4 only
   2. 2 and 4 only
   3. 3 only
   4. 1, 2 and 3 only
   Show answer

   (b) 2 and 4 only. The Court allowed metadata storage for up to six months, and Aadhaar is not mandatory for insurance.
8. UPSC 2019 Which of the following statements is/are correct regarding the Maternity Benefit (Amendment) Act, 2017?
   1. Pregnant women are entitled for three months pre-delivery and three months post-delivery paid leave.
   2. Enterprises with crèches must allow the mother a minimum six crèche visits daily.
   3. Women with two children get reduced entitlements.
   1. 1 and 2 only
   2. 2 only
   3. 3 only
   4. 1, 2 and 3
   Show answer

   (c) 3 only. Up to 8 weeks before delivery (of 26), four crèche visits, and 12 weeks for women with two or more children.
9. UPSC 2018 Consider the following statements:
   1. The Food Safety and Standards Act, 2006 replaced the Prevention of Food Adulteration Act, 1954.
   2. The Food Safety and Standards Authority of India (FSSAI) is under the charge of Director General of Health Services in the Union Ministry of Health and Family Welfare.
   1. 1 only
   2. 2 only
   3. Both 1 and 2
   4. Neither 1 nor 2
   Show answer

   (a) 1 only. FSSAI is a separate statutory authority under the Health Ministry, with its own chairperson and CEO.
10. UPSC 2017 With reference to the 'Prohibition of Benami Property Transactions Act, 1988 (PBPT Act)', consider the following statements:
    1. A property transaction is not treated as a benami transaction if the owner of the property is not aware of the transaction.
    2. Properties held benami are liable for confiscation by the Government.
    3. The Act provides for three authorities for investigations but does not provide for any appellate mechanism.
    1. 1 only
    2. 2 only
    3. 1 and 3 only
    4. 2 and 3 only
    Show answer

    (b) 2 only. The owner’s awareness is not the test, and the Act has an Appellate Tribunal.
11. UPSC 2012 With reference to consumers' rights/privileges under the provisions of law in India, which of the following statements is/are correct?
    1. Consumers are empowered to take samples for food testing.
    2. When a consumer files a complaint in any consumer forum, no fee is required to be paid.
    3. In case of death of a consumer, his/her legal heir can file a complaint in the consumer forum on his/her behalf.
    1. 1 only
    2. 2 and 3 only
    3. 1 and 3 only
    4. 1, 2 and 3
    Show answer

    (c) 1 and 3 only. Fees are payable above certain claim values, so 2 is wrong.
12. UPSC 2011 India is home to lakhs of persons with disabilities. What are the benefits available to them under the law?
    1. Free schooling till the age of 18 years in government-run schools
    2. Preferential allotment of land for setting up business
    3. Ramps in public buildings
    1. 1 only
    2. 2 and 3 only
    3. 1 and 3 only
    4. 1, 2 and 3
    Show answer

    (d) 1, 2 and 3. All three are provided under disability law.
13. UPSC 2007 Consider the following statements:
    1. The nation-wide scheme of the National Child Labour Projects (NCLP) is run by the Union Ministry of Social Justice and Empowerment.
    2. Gurupadswamy Committee dealt with the issues of child labour.
    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer

    (b) 2 only. NCLP is run by the Ministry of Labour and Employment.