jbp123/hello · Datasets at Hugging Face

instruction stringlengths 1 84	input stringlengths 1 85	output stringlengths 1 83
responsibility. It was not responsible for taking and implementing	decisions. This responsibility rested with the Central and State	Governments.
Composition	The following points can be noted in context of the composition	(membership) of the erstwhile Planning Commission:
1. The Prime Minister of India was the chairman of the	commission. He presided over the meetings of the commission.	2. The commission had a deputy chairman. He was the de facto
executive head (i.e., full-time functional head) of the	commission. He was responsible for the formulation and	submission of the draft of Five-Year Plan to the Central cabinet.
He was appointed by the Central cabinet for a fixed tenure and	enjoyed the rank of a Cabinet Minister. Though he was not a	member of cabinet, he was invited to attend all its meetings
(without a right to vote).	3. Some Central Ministers were appointed as part-time members	of the commission. In any case, the finance minister and
planning minister were the exofficio (by virtue of) members of	the commission.	4. The commission had four to seven fulltime expert members.
They enjoyed the rank of a minister of state.	5. The commission had a member-secretary. He was usually a	senior member of IAS. The state governments were not
represented in the commission in any way. Thus, the erstwhile	Planning Commission was wholly a Centre-constituted body.	Critical Evaluation
The erstwhile Planning Commission was originally established as a	staff agency with advisory role but in the course of time it had	emerged as a powerful and directive authority whereby its
Cabinet’, a ‘Parallel Cabinet’, the ‘Fifth Wheel of the Coach’ and so	on.	The following observations were made on the domineering role
played by the erstwhile Planning Commission.	1. Administrative Reforms Commission (ARC) of India: The ARC	observed: ‘Under the Constitution, the ministers, whether in the
Centre or the states, are in effect, the ultimate executive	authorities. Unfortunately, the Planning Commission has, in	some measures, earned the reputation of being a Parallel
Cabinet and sometimes, a Super Cabinet’.12	2. K. Santhanam This eminent constitutional expert stated that,	‘Planning has superseded the federation and our country is
functioning like a unitary system in many respects.13	3. P.V. Rajamannar Rajamannar, the Chairman of the Fourth	Finance Commission, highlighted the overlapping of functions
and responsibilities between the erstwhile Planning	Commission and Finance Commission in federal fiscal	transfers.14
NATIONAL DEVELOPMENT COUNCIL	On the 1st of January, 2016, it was reported15 that the Modi	government is also going to abolish the National Development
Council (NDC) and transfer its powers to the Governing Council of	the NITI Aayog. However, till now (October 2019), such a resolution	has not been passed.
It must also be noted here that the last meeting (57th) of the NDC	was held on the 27th of December, 2012 to approve the 12th Plan	(2012–2017).
The National Development Council (NDC) was established in	August 1952 by an executive resolution of the Government of India	on the recommendation of the First Five Year Plan (draft outline).
Like the erstwhile Planning Commission, it is neither a constitutional	body nor a statutory body.16	Composition
The NDC is composed of the following members.	1. The Prime Minister of India (as its chairman/head).	2. All Union Cabinet Ministers (since 1967).17
3. The Chief Ministers of all the states.	4. The Chief Ministers/administrators of all union territories.	5. Members of the Planning Commission (now NITI Aayog).
The secretary of the Planning Commission (now NITI Aayog) acts	as the secretary to the NDC. It (NDC) is also provided with	administrative and other assistance for its work by the Planning
Commission (now NITI Aayog).	Objectives	The NDC was established with the following objectives.
1. To secure cooperation of states in the execution of the Plan.	2. To strengthen and mobilise the efforts and resources of the	nation in support of the Plan.
3. To promote common economic policies in all vital spheres.	4. To ensure balanced and rapid development of all parts of the	country.
To realise the above objectives, the NDC is assigned with the	following functions:	1. To prescribe guidelines for preparation of the national Plan.
2. To consider the national Plan as prepared by the Planning	Commission (now NITI Aayog).	3. To make an assessment of the resources required for
implementing the Plan and to suggest measures for	augmenting them.	4. To consider important questions of social and economic policy
affecting national development.	5. To review the working of the national Plan from time to time.	6. To recommend measures for achievement of the aims and
targets set out in the national Plan.	The Draft Five-Year Plan prepared by the Planning Commission	(now NITI Aayog) is first submitted to the Union Cabinet. After its
approval, it is placed before the NDC, for its acceptance. Then, the	Plan is presented to the Parliament. With its approval, it emerges as	the official Plan and published in the official gazette.
Therefore, the NDC is the highest body, below the Parliament,	responsible for policy matters with regard to planning for social and	economic development. However, it is listed as an advisory body to
the Planning Commission (now NITI Aayog) and its	recommendations are not binding. It makes its recommendations to	the Central and state governments and should meet at least twice
every year.	Critical Evaluation The first and foremost function of NDC is to act	as a bridge and link between the Central Government, the State
Governments and the Planning Commission (now NITI Aayog)	especially in the field of planning, to bring about coordination of	policies and programmes of plans. It has been, to a large extent
successful in this regard. Besides, it has also served as a forum for	Centre-State deliberations on matters of national importance, and	also as a device for sharing responsibility between them in the
federal political system.	However, two diametrically opposite views have been expressed	on its working. On one hand, it has been described as a ‘Super
Cabinet’ due to its wide and powerful composition, though its	recommendations are only advisory and not binding, and can hardly	be ignored as they are backed by a national mandate. On the other
decisions already taken by the Union government. This is mainly due	to the Congress Party rule both at the Centre and states for a long	period. However, due to the emergence of regional parties in various
states, the NDC is steadily acquiring its federal character and thus	providing a greater say to the states in the preparation of national	plans.
NOTES AND REFERENCES	1. Resolution of the Cabinet Secretariat vide No.	511/2/1/2015-Cab., dated the 1st of January, 2015,
published in the Gazette of India, Extraordinary, Part I,	Section 1, dated the 7th of January, 2015.	2. Government of India document on NITI Aayog entitled as
“From Planning to NITI–Transforming India’s Development	Agenda”, dated February 8, 2015.	3. Ibid.
4. “We will use every provision in the Constitution to push	reforms”, OPEN Magazine, January 9, 2015.	5. See Reference 2 above.
6. Press Information Bureau release on NITI Aayog, dated	January 1, 2015.	7. Ibid.
8. See Reference 2 above.	8a. Annual Report 2017–2018, NITI Aayog, Government of	India, p.14.
8b. Ibid.	8c. Ibid.	8d. Ibid.
9. “Opposition attacks government over plan panel new	avatar”, The Asian Age, page No.2, dated January 2,	2015.
10. “Renaming of Plan Panel due to ‘anti-Nehruvianism’:	Congress”, The Indian Express, page No.9, dated January	2, 2015.
11. “Left parties slam Centre for renaming plan panel”, The	Statesman, dated January 2, 2015.	12. Interim Report on the Machinery for Planning, 1967, Para
13. K. Santhanam, Union-State Relations in India, Asia	Publishing House, 1960, p. 70.	14. Report of the Fourth Finance Commission, New Delhi,
Government of India, 1965, pp. 88–90.	15. “NDC to be scrapped, NITI Aayog council likely to get its	powers”, The Hindu, dated January 1, 2016.
16. The Sarkaria Commission on Centre-State Relations	(1983–1987) recommended that the NDC should be given	a constitutional status under Article 263 of the Constitution
and should be renamed as National Economic and	Development Council.	17. Before 1967, only selected cabinet ministers like Home,
55 National Human Rights Commission	ESTABLISHMENT OF THE COMMISSION	The National Human Rights Commission is a statutory (and not a
constitutional) body. It was established in 1993 under a legislation	enacted by the Parliament, namely, the Protection of Human	Rights Act, 19931 .
The commission is the watchdog of human rights in the country,	that is, the rights relating to life, liberty, equality and dignity of the	individual guaranteed by the Constitution or embodied in the
international covenants2 and enforceable by courts in India.	The specific objectives of the establishment of the commission	are3 :
(a) To strengthen the institutional arrangements through which	human rights issues could be addressed in their entirety in a	more focussed manner;
(b) To look into allegations of excesses, independently of the	government, in a manner that would underline the	government’s commitment to protect human rights; and
COMPOSITION OF THE COMMISSION	The commission is a multi-member body consisting of a	chairperson and five members. The chairperson should be a
retired chief justice of India or a judge of the Supreme Court and	members should be a serving or retired judge of the Supreme	Court, a serving or retired chief justice of a high court and three
persons (out of which atleast one should be a woman) having	knowledge or practical experience with respect to human rights. In	addition to these full-time members, the commission also has
seven ex-officio members–the chairpersons of the National	Commission for Minorities, the National Commission for SCs, the	National Commission for STs, the National Commission for
Women, the National Commission for BCs and the National	Commission for Protection of Child Rights and the Chief	Commissioner for Persons with Disabilities.
The chairperson and members are appointed by the president	on the recommendations of a six-member committee consisting of	the prime minister as its head, the Speaker of the Lok Sabha, the
Deputy Chairman of the Rajya Sabha, leaders of the Opposition in	both the Houses of Parliament and the Central home minister.	Further, a sitting judge of the Supreme Court or a sitting chief
justice of a high court can be appointed only after consultation	with the chief justice of India.	The chairperson and members hold office for a term of three
years or until they attain the age of 70 years, whichever is earlier.	They are elligible for re-appointment. After their tenure, the	chairperson and members are not eligible for further employment
under the Central or a state government.	The president can remove the chairperson or any member from	the office under the following circumstances:
(a) If he is adjudged an insolvent; or	(b) If he engages, during his term of office, in any paid	employment outside the duties of his office; or
(d) If he is of unsound mind and stand so declared by a	competent court; or	(e) If he is convicted and sentenced to imprisonment for an
offence.	In addition to these, the president can also remove the	chairperson or any member on the ground of proved misbehaviour
or incapacity. However, in these cases, the president has to refer	the matter to the Supreme Court for an inquiry. If the Supreme	Court, after the inquiry, upholds the cause of removal and advises
so, then the president can remove the chairperson or a member.	The salaries, allowances and other conditions of service of the	chairperson or a member are determined by the Central
government. But, they cannot be varied to his disadvantage after	his appointment.	All the above provisions are aimed at securing autonomy,
FUNCTIONS OF THE COMMISSION	The functions of the Commission are:	(a) To inquire into any violation of human rights or negligence in
the prevention of such violation by a public servant, either	suo motu or on a petition presented to it or on an order of a	court.
(b) To intervene in any proceeding involving allegation of	violation of human rights pending before a court.	(c) To visit jails and detention places to study the living
conditions of inmates and make recommendation thereon.	(d) To review the constitutional and other legal safeguards for	the protection of human rights and recommend measures for
their effective implementation.	(e) To review the factors including acts of terrorism that inhibit	the enjoyment of human rights and recommend remedial
measures.	(f) To study treaties and other international instruments on	human rights and make recommendations for their effective
implementation.	(g) To undertake and promote research in the field of human	rights.
(h) To spread human rights literacy among the people and	promote awareness of the safeguards available for the	protection of these rights.
(i) To encourage the efforts of nongovernmental organisations	(NGOs) working in the field of human rights.	(j) To undertake such other functions as it may consider
WORKING OF THE COMMISSION	The commission’s headquarters is at Delhi and it can also	establish offices at other places in India. 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. It may call for	information or report from the Central and state governments or
any other authority subordinate thereto.	The commission has its own nucleus of investigating staff for	investigation into complaints of human rights violations. Besides, it
is empowered to utilise the services of any officer or investigation	agency of the Central government or any state government for the	purpose. It has also established effective cooperation with the
NGOs with first-hand information about human rights violations.	The commission is not empowered to inquire into any matter	after the expiry of one year from the date on which the act
constituting violation of human rights is alleged to have been	committed. In other words, it can look into a matter within one	year of its occurrence4 .
The commission may take any of the following steps during or	upon the completion of an inquiry:	(a) it may recommend to the concerned government or authority
to make payment of compensation or damages to the victim;	(b) it may recommend to the concerned government or authority	the initiation of proceedings for prosecution or any other
action against the guilty public servant;	(c) it may recommend to the concerned government or authority	for the grant of immediate interim relief to the victim;
ROLE OF THE COMMISSION	From the above, it is clear that the functions of the commission	are mainly recommendatory in nature. It has no power to punish
the violators of human rights, nor to award any relief including	monetary relief to the victim. Notably, its recommendations are not	binding on the concerned government or authority. But, it should
be informed about the action taken on its recommendations within	one month. In this context, a former member of the Commission	observed5 : ‘The government cannot wash away the
recommendations made by the Commission. The commission’s	role may be recommendatory, advisory, yet the Government	considers the cases forwarded by it. It is, therefore, improper to

responsibility. It was not responsible for taking and implementing

decisions. This responsibility rested with the Central and State

Governments.

Composition

The following points can be noted in context of the composition

(membership) of the erstwhile Planning Commission:

1. The Prime Minister of India was the chairman of the

commission. He presided over the meetings of the commission.

2. The commission had a deputy chairman. He was the de facto

executive head (i.e., full-time functional head) of the

commission. He was responsible for the formulation and

submission of the draft of Five-Year Plan to the Central cabinet.

He was appointed by the Central cabinet for a fixed tenure and

enjoyed the rank of a Cabinet Minister. Though he was not a

member of cabinet, he was invited to attend all its meetings

(without a right to vote).

3. Some Central Ministers were appointed as part-time members

of the commission. In any case, the finance minister and

planning minister were the exofficio (by virtue of) members of

the commission.

4. The commission had four to seven fulltime expert members.

They enjoyed the rank of a minister of state.

5. The commission had a member-secretary. He was usually a

senior member of IAS. The state governments were not

represented in the commission in any way. Thus, the erstwhile

Planning Commission was wholly a Centre-constituted body.

Critical Evaluation

The erstwhile Planning Commission was originally established as a

staff agency with advisory role but in the course of time it had

emerged as a powerful and directive authority whereby its

Cabinet’, a ‘Parallel Cabinet’, the ‘Fifth Wheel of the Coach’ and so

on.

The following observations were made on the domineering role

played by the erstwhile Planning Commission.

1. Administrative Reforms Commission (ARC) of India: The ARC

observed: ‘Under the Constitution, the ministers, whether in the

Centre or the states, are in effect, the ultimate executive

authorities. Unfortunately, the Planning Commission has, in

some measures, earned the reputation of being a Parallel

Cabinet and sometimes, a Super Cabinet’.12

2. K. Santhanam This eminent constitutional expert stated that,

‘Planning has superseded the federation and our country is

functioning like a unitary system in many respects.13

3. P.V. Rajamannar Rajamannar, the Chairman of the Fourth

Finance Commission, highlighted the overlapping of functions

and responsibilities between the erstwhile Planning

Commission and Finance Commission in federal fiscal

transfers.14

NATIONAL DEVELOPMENT COUNCIL

On the 1st of January, 2016, it was reported15 that the Modi

government is also going to abolish the National Development

Council (NDC) and transfer its powers to the Governing Council of

the NITI Aayog. However, till now (October 2019), such a resolution

has not been passed.

It must also be noted here that the last meeting (57th) of the NDC

was held on the 27th of December, 2012 to approve the 12th Plan

(2012–2017).

The National Development Council (NDC) was established in

August 1952 by an executive resolution of the Government of India

on the recommendation of the First Five Year Plan (draft outline).

Like the erstwhile Planning Commission, it is neither a constitutional

body nor a statutory body.16

Composition

The NDC is composed of the following members.

1. The Prime Minister of India (as its chairman/head).

2. All Union Cabinet Ministers (since 1967).17

3. The Chief Ministers of all the states.

4. The Chief Ministers/administrators of all union territories.

5. Members of the Planning Commission (now NITI Aayog).

The secretary of the Planning Commission (now NITI Aayog) acts

as the secretary to the NDC. It (NDC) is also provided with

administrative and other assistance for its work by the Planning

Commission (now NITI Aayog).

Objectives

The NDC was established with the following objectives.

1. To secure cooperation of states in the execution of the Plan.

2. To strengthen and mobilise the efforts and resources of the

nation in support of the Plan.

3. To promote common economic policies in all vital spheres.

4. To ensure balanced and rapid development of all parts of the

country.

To realise the above objectives, the NDC is assigned with the

following functions:

1. To prescribe guidelines for preparation of the national Plan.

2. To consider the national Plan as prepared by the Planning

Commission (now NITI Aayog).

3. To make an assessment of the resources required for

implementing the Plan and to suggest measures for

augmenting them.

4. To consider important questions of social and economic policy

affecting national development.

5. To review the working of the national Plan from time to time.

6. To recommend measures for achievement of the aims and

targets set out in the national Plan.

The Draft Five-Year Plan prepared by the Planning Commission

(now NITI Aayog) is first submitted to the Union Cabinet. After its

approval, it is placed before the NDC, for its acceptance. Then, the

Plan is presented to the Parliament. With its approval, it emerges as

the official Plan and published in the official gazette.

Therefore, the NDC is the highest body, below the Parliament,

responsible for policy matters with regard to planning for social and

economic development. However, it is listed as an advisory body to

the Planning Commission (now NITI Aayog) and its

recommendations are not binding. It makes its recommendations to

the Central and state governments and should meet at least twice

every year.

Critical Evaluation The first and foremost function of NDC is to act

as a bridge and link between the Central Government, the State

Governments and the Planning Commission (now NITI Aayog)

especially in the field of planning, to bring about coordination of

policies and programmes of plans. It has been, to a large extent

successful in this regard. Besides, it has also served as a forum for

Centre-State deliberations on matters of national importance, and

also as a device for sharing responsibility between them in the

federal political system.

However, two diametrically opposite views have been expressed

on its working. On one hand, it has been described as a ‘Super

Cabinet’ due to its wide and powerful composition, though its

recommendations are only advisory and not binding, and can hardly

be ignored as they are backed by a national mandate. On the other

decisions already taken by the Union government. This is mainly due

to the Congress Party rule both at the Centre and states for a long

period. However, due to the emergence of regional parties in various

states, the NDC is steadily acquiring its federal character and thus

providing a greater say to the states in the preparation of national

plans.

NOTES AND REFERENCES

1. Resolution of the Cabinet Secretariat vide No.

511/2/1/2015-Cab., dated the 1st of January, 2015,

published in the Gazette of India, Extraordinary, Part I,

Section 1, dated the 7th of January, 2015.

2. Government of India document on NITI Aayog entitled as

“From Planning to NITI–Transforming India’s Development

Agenda”, dated February 8, 2015.

3. Ibid.

4. “We will use every provision in the Constitution to push

reforms”, OPEN Magazine, January 9, 2015.

5. See Reference 2 above.

6. Press Information Bureau release on NITI Aayog, dated

January 1, 2015.

7. Ibid.

8. See Reference 2 above.

8a. Annual Report 2017–2018, NITI Aayog, Government of

India, p.14.

8b. Ibid.

8c. Ibid.

8d. Ibid.

9. “Opposition attacks government over plan panel new

avatar”, The Asian Age, page No.2, dated January 2,

2015.

10. “Renaming of Plan Panel due to ‘anti-Nehruvianism’:

Congress”, The Indian Express, page No.9, dated January

2, 2015.

11. “Left parties slam Centre for renaming plan panel”, The

Statesman, dated January 2, 2015.

12. Interim Report on the Machinery for Planning, 1967, Para

13. K. Santhanam, Union-State Relations in India, Asia

Publishing House, 1960, p. 70.

14. Report of the Fourth Finance Commission, New Delhi,

Government of India, 1965, pp. 88–90.

15. “NDC to be scrapped, NITI Aayog council likely to get its

powers”, The Hindu, dated January 1, 2016.

16. The Sarkaria Commission on Centre-State Relations

(1983–1987) recommended that the NDC should be given

a constitutional status under Article 263 of the Constitution

and should be renamed as National Economic and

Development Council.

17. Before 1967, only selected cabinet ministers like Home,

55 National Human Rights Commission

ESTABLISHMENT OF THE COMMISSION

The National Human Rights Commission is a statutory (and not a

constitutional) body. It was established in 1993 under a legislation

enacted by the Parliament, namely, the Protection of Human

Rights Act, 19931 .

The commission is the watchdog of human rights in the country,

that is, the rights relating to life, liberty, equality and dignity of the

individual guaranteed by the Constitution or embodied in the

international covenants2 and enforceable by courts in India.

The specific objectives of the establishment of the commission

are3 :

(a) To strengthen the institutional arrangements through which

human rights issues could be addressed in their entirety in a

more focussed manner;

(b) To look into allegations of excesses, independently of the

government, in a manner that would underline the

government’s commitment to protect human rights; and

COMPOSITION OF THE COMMISSION

The commission is a multi-member body consisting of a

chairperson and five members. The chairperson should be a

retired chief justice of India or a judge of the Supreme Court and

members should be a serving or retired judge of the Supreme

Court, a serving or retired chief justice of a high court and three

persons (out of which atleast one should be a woman) having

knowledge or practical experience with respect to human rights. In

addition to these full-time members, the commission also has

seven ex-officio members–the chairpersons of the National

Commission for Minorities, the National Commission for SCs, the

National Commission for STs, the National Commission for

Women, the National Commission for BCs and the National

Commission for Protection of Child Rights and the Chief

Commissioner for Persons with Disabilities.

The chairperson and members are appointed by the president

on the recommendations of a six-member committee consisting of

the prime minister as its head, the Speaker of the Lok Sabha, the

Deputy Chairman of the Rajya Sabha, leaders of the Opposition in

both the Houses of Parliament and the Central home minister.

Further, a sitting judge of the Supreme Court or a sitting chief

justice of a high court can be appointed only after consultation

with the chief justice of India.

The chairperson and members hold office for a term of three

years or until they attain the age of 70 years, whichever is earlier.

They are elligible for re-appointment. After their tenure, the

chairperson and members are not eligible for further employment

under the Central or a state government.

The president can remove the chairperson or any member from

the office under the following circumstances:

(a) If he is adjudged an insolvent; or

(b) If he engages, during his term of office, in any paid

employment outside the duties of his office; or

(d) If he is of unsound mind and stand so declared by a

competent court; or

(e) If he is convicted and sentenced to imprisonment for an

offence.

In addition to these, the president can also remove the

chairperson or any member on the ground of proved misbehaviour

or incapacity. However, in these cases, the president has to refer

the matter to the Supreme Court for an inquiry. If the Supreme

Court, after the inquiry, upholds the cause of removal and advises

so, then the president can remove the chairperson or a member.

The salaries, allowances and other conditions of service of the

chairperson or a member are determined by the Central

government. But, they cannot be varied to his disadvantage after

his appointment.

All the above provisions are aimed at securing autonomy,

FUNCTIONS OF THE COMMISSION

The functions of the Commission are:

(a) To inquire into any violation of human rights or negligence in

the prevention of such violation by a public servant, either

suo motu or on a petition presented to it or on an order of a

court.

(b) To intervene in any proceeding involving allegation of

violation of human rights pending before a court.

(c) To visit jails and detention places to study the living

conditions of inmates and make recommendation thereon.

(d) To review the constitutional and other legal safeguards for

the protection of human rights and recommend measures for

their effective implementation.

(e) To review the factors including acts of terrorism that inhibit

the enjoyment of human rights and recommend remedial

measures.

(f) To study treaties and other international instruments on

human rights and make recommendations for their effective

implementation.

(g) To undertake and promote research in the field of human

rights.

(h) To spread human rights literacy among the people and

promote awareness of the safeguards available for the

protection of these rights.

(i) To encourage the efforts of nongovernmental organisations

(NGOs) working in the field of human rights.

(j) To undertake such other functions as it may consider

WORKING OF THE COMMISSION

The commission’s headquarters is at Delhi and it can also

establish offices at other places in India. 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. It may call for

information or report from the Central and state governments or

any other authority subordinate thereto.

The commission has its own nucleus of investigating staff for

investigation into complaints of human rights violations. Besides, it

is empowered to utilise the services of any officer or investigation

agency of the Central government or any state government for the

purpose. It has also established effective cooperation with the

NGOs with first-hand information about human rights violations.

The commission is not empowered to inquire into any matter

after the expiry of one year from the date on which the act

constituting violation of human rights is alleged to have been

committed. In other words, it can look into a matter within one

year of its occurrence4 .

The commission may take any of the following steps during or

upon the completion of an inquiry:

(a) it may recommend to the concerned government or authority

to make payment of compensation or damages to the victim;

(b) it may recommend to the concerned government or authority

the initiation of proceedings for prosecution or any other

action against the guilty public servant;

(c) it may recommend to the concerned government or authority

for the grant of immediate interim relief to the victim;

ROLE OF THE COMMISSION

From the above, it is clear that the functions of the commission

are mainly recommendatory in nature. It has no power to punish

the violators of human rights, nor to award any relief including

monetary relief to the victim. Notably, its recommendations are not

binding on the concerned government or authority. But, it should

be informed about the action taken on its recommendations within

one month. In this context, a former member of the Commission

observed5 : ‘The government cannot wash away the

recommendations made by the Commission. The commission’s

role may be recommendatory, advisory, yet the Government

considers the cases forwarded by it. It is, therefore, improper to