Non Constitutional Bodies Part 1 (Planning commission,

National Development Council, NITI Aayog)

By – Dr. Vipan Goyal

NITI Aayog Planning commission

Zonal Councils

National Development Council

National Human Rights Commission

State Human Rights Commission

Central Information Commission

State Information Commission

Central Vigilance Commission

Central Bureau of Investigation

Lokpal and Lokayuktas

Constitutional bodies are those that derive their existence and thus authority from the Constitution itself.

Finance Commission [Art 280]

Election Commission [Art 324]

Statutory body is one that derives its existence and authority from a statute (law).

Wildlife Board constituted under Wildlife (Protection) Act, 1972.

Non-statutory body would thus be one that has no legislative backing.

Non-statutory body = not created by an Act of the Parliament.

NITI Aayog - non-statutory extra-constitutional body created through an executive order.

Extra-constitutional body = not created by the Constitution

• The Planning Commission formulated the five year plans in India.

• Plans for the social and economic development in India.

• Set up on the recommendation of Planning Advisory board in the year 1946.

• The Chairman of the Planning Advisory Board was K C Neogi.

• The Planning Commission was set up in March 1950.

• established through the executive resolution. EXECUTIVE RESOLUTION: The decision taken by the Cabinet.

• not a Constitutional body.

• not a statutory body.

Planning Commission

COMPOSITION: • The Prime Minister was the ex-officio chairman of the planning

Commission.

• The deputy chairman = de facto head (was appointed by the Cabinet)

• The Union Finance Minister and the Planning Ministers were the ex-

officio members of the Planning Commission. • There were four to seven full time expert members.

• There was a member-secretary to the Planning Commission. (Normally a

senior member of IAS).

FUNCTIONS OF PLANNING COMMISSION:

• an advisory body.

• The plans were implemented by the Central and state governments.

• formulates a plan for the most effective and balanced utilization of the country’s resources.

• determines the priorities and define the strategies in which the plan should be a carried out.

Establishment

• On January 1, 2015, the NITI Aayog (National Institution for Transforming India) was established as the successor to the planning commission.

• Created by an executive resolution of the Government of India (i.e., Union Cabinet).

• It is a non constitutional or extra-constitutional body (i.e., not created by the Constitution) and a non-statutory body (not created by an Act of the Parliament)

• NITI’s policy thinking is shaped by a ‘bottom-up’ approach rather than a ‘top- down’ model.

NITI Aayog

Composition

a) Chairperson: The Prime Minister of India

b) Governing Council: It comprises the Chief Ministers of all the States,

Chief Ministers of Union Territories with Legislatures (i.e., Delhi and Puducherry) and

Lt. Governors of other Union Territories.

a) Regional Councils: These are formed to address specific issues and contingencies impacting more than one state or a region for a specified tenure.

Convened by the Prime Minister and comprises of the Chief Ministers of States and

Lt. Governors of Union Territories in the region.

These are chaired by the Chairperson of the NITI Aayog or his nominee.

d) Special Invitees: Experts, specialists and practitioners

e) Full-time Organizational Framework: It comprises, in addition to the Prime Minister as the Chairperson:

1) Vice-Chairperson: He is appointed by the Prime Minister. He enjoys the rank of a Cabinet Minister.

2) Members: Full-time. They enjoy the rank of a Minister of State.

3) Part-time Members: Maximum of 2, from leading universities, research organisations and other relevant institutions in an ex-officio capacity. Part-time members would be on a rotation.

4) Ex-Officio Members: Maximum of 4 members of the Union Council of Ministers to be nominated by the Prime Minister.

4) Chief Executive Officer: He is appointed by the Prime Minister for a fixed tenure, in the rank of Secretary to the Government of India.

5) Secretariat: As deemed necessary.

• The National Development Council is not a Constitutional body.

• The National Development Council is not a statutory body.

• The National Development Council was set up in the year 1952.

• The National Development Council was set up on the recommendation of first five year plan draft.

• The National Development Council was set up through the executive resolution.

• The National Development Council is an advisory body to the Planning Commission.

• The recommendations of National Development Council are not binding.

• The National Development Council should meet at least twice every year.

National Developmental Council

COMPOSITION:

• The Prime Minister is the ex-officio Chairman of the National Development Council.

• All Union Cabinet ministers are the members of National Development Council.

• Chief Ministers of all the states are the members of the National Development Council.

• The Members of Planning Commission are the members of National Development Council.

• The secretary of the Planning Commission acts as the secretary of National Development Council.

FUNCTIONS OF NATIONAL DEVELOPMENT COUNCIL:

• The NDC provides the guidelines for preparation of the five year plan.

• The NDC considers the national plan as prepared by the Planning Commission.

• The NDC considers the important questions of social and economic policy affecting national development.

• The NDC reviews the national plan from time to time.

HOW DOES THE PROCESS GO

Planning Commission --> Union Cabinet --> NDC --> Parliament

• The Planning Commission prepares the draft five-year plan.

• The draft is submitted to the Union Cabinet for its approval.

• After the approval by the Union cabinet the draft is placed before the NDC.

• After the approval by the NDC the five year plan is placed before the Parliament.

• With the approval of the Parliament the draft becomes the official plan.

THANK YOU