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statutory bodies (CVC (CVC’s Jurisdiction (Members of All India Service…
statutory bodies
CVC
set up
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on recom of - santhanam committee (on prevention of corruption, 1962-64)
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It is not an investigating agency. The CVC either gets the investigation done through the CBI or through chief vigilance officers (CVO) in government offices.
inquire into offences alleged to have been committed under the Prevention of Corruption Act, 1988 by certain categories of public servants.
CBI works under the overall supervision of CVC in matters related to the Prevention of Corruption Act, 1988.
CVC’s Jurisdiction
Members of All India Service serving in connection with the affairs of the Union and Group A officers of the Central Government
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icers in Grade D and above in Reserve Bank of India, NABARD and SIDBI
Managers and above in General Insurance Companies and Senior Divisional Managers and above in Life Insurance Corporations
empowered to conduct preliminary inquiry into complaints referred by Lokpal in respect of officers and officials of Group 'B', 'C' & 'D', besides:
treated as an advisory body - it neither has the resources nor the power to take action on complaints of corruption.
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CVC can cause an inquiry for the members of the All India Services employed in the services of the Central Government and not those who are employed in the services of the state government. Similarly, the CVC has no right to investigate the Minister in the Council of Minister of Union.
The Director of CBI has been provided security of two-year tenure in office by the CVC Act, 2003
lokpal
provisions
by Lokpal and Lokayukta Act, 2013
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Salaries, allowances and service conditions
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powers wrt agencies
of superintendence/direction over any investigation agency including CBI for cases referred to them by lokpal
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time limits wrt
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investigation by CBI - 6 months, can be extended by lokpal on CBI's request
provisions for confiscation of property acquired by corrupt means, even while prosecution is pending
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NGT
provisions
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not bound by
Code of Civil Procedure, 1908
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delimitation commission
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delimitation
intro
act of fixing or redrawing the limits or boundaries of territorial constituencies (Assembly or Lok Sabha seat) in a country or a province having a legislative body, as per the Election Commission.
carried out by an independent high-powered panel known as the Delimitation Commission whose orders have the force of law and cannot be questioned by any court.
exercise has been carried out over the years to redefine the area of a constituency-based on its population size (based on the last Census).
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c status
Once the Act is in force, the Union government sets up a Delimitation Commission.
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history
however, first delimitation exercise was carried out by the President (with the help of the EC) in 1950-51.
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have been set up four times — 1952, 1963, 1973 and 2002
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NHRC
shortcomings
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gets too many complaints - difficult to address all - 40,000 pending cases
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functions
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review safeguards under C/laws/international treaties wrt HR protection and recommend measures for effective implementation
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spread HR literacy/awareness through media, seminars etc
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UIDAI
statutory body - aadhar(aa) act, 2016
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aa
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section 34 of act - punishment for providing false biometric/demographic data - 3 year jail or 10000 rs fine or both
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CIC
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issues
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has no effective punitive powers - eg: though CIC ruled that political parties come under RTI, they dont follow it
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2019 rti amendment
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Now, the salaries, allowances, and other terms and conditions of service of the central and state CIC and ICs will be determined by the central government. (No power to State Governments)
even the state bharti will be done by centre committee - pm, minister, opposition leader
rti act
A three-tier structure for enforcing the right to information has been set up under the RTI Act 2005.
Public Information Officers: The first request for information goes to the Assistant Public Information Officer and Public Information Officer, designated by the Public Authorities.
These Officers are required to provide information to an RTI applicant within 30 days of the request.
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State Information Commission or the Central Information Commission (CIC): Their major function is to listen to appeals against the order of the Appellate Authority.
These Information Commissions consist of a Chief Information Commissioner (CIC) and up to 10 Information Commissioners(ICs).
rti from - ‘Public Authorities’ - include bodies of self-government established under the Constitution, or under any law or government notification.
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CBI
gets crime manual - will be instrumental in guiding the agency on legal matters and a tool for efficienct probe
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