NITI Aayog and Commissions for Women, Children, Minorities and Information

From Planning Commission to NITI Aayog

The Planning Commission was set up on 15 March 1950 by an executive resolution, on the recommendation of the Advisory Planning Board (1946) and in line with Article 39 of the DPSPs. It was neither constitutional nor statutory, chaired by the Prime Minister, and drew up twelve Five-Year Plans (1951–2017). Critics said it had become a top-down, "one-size-fits-all" body that controlled transfers to states through Plan assistance, encroaching on the Finance Commission's role.

On 1 January 2015 the government replaced it with the National Institution for Transforming India (NITI Aayog), also by an executive (cabinet) resolution. It is a policy think tank rather than a planning and fund-allocating body.

Composition:

• Chairperson: the Prime Minister.
• Governing Council: Chief Ministers of all states and UTs with legislatures and Lieutenant Governors of other UTs – the main forum of cooperative federalism.
• Regional Councils: formed for specific issues affecting more than one state, convened by the PM.
• Vice-Chairperson (appointed by the PM, with Cabinet Minister rank), full-time members, up to two part-time members from universities and research bodies (on rotation), up to four ex-officio members from the Union Council of Ministers nominated by the PM, and a Chief Executive Officer (Secretary rank).
• Special invitees – experts nominated by the PM.

Objectives and functions: foster cooperative federalism; develop mechanisms for village-level plans aggregated to higher levels; design long-term policy frameworks; offer advice to the Centre and states; act as a knowledge and innovation hub; monitor and evaluate programmes (through the Development Monitoring and Evaluation Office, DMEO); and promote "competitive federalism" through indices.

Key initiatives: Atal Innovation Mission (2016) with Atal Tinkering Labs and incubation centres; Aspirational Districts Programme (2018) for 112 districts, and Aspirational Blocks Programme (2023) for 500 blocks; SDG India Index; Composite Water Management Index; School Education Quality Index; Health Index; India Innovation Index; Export Preparedness Index; the Multidimensional Poverty Index (national MPI reports, the 2023 report showing about 13.5 crore people exiting multidimensional poverty between 2015–16 and 2019–21); Methanol Economy programme; and the vision for Viksit Bharat @2047.

Criticism: it lacks financial powers, so its influence depends on persuasion; it has been accused of being centralised and close to the government's views; and some states (e.g. some Chief Ministers boycotting Governing Council meetings in 2024) see it as a weak forum.

National Commission for Women (NCW)

A statutory body set up in January 1992 under the National Commission for Women Act, 1990. It has a chairperson (committed to the cause of women), five members (with at least one each from the SCs and STs) and a member-secretary, all nominated by the Central government; term three years. Functions: investigate and examine safeguards for women; review laws and suggest amendments; look into complaints and take suo motu notice of deprivation of women's rights; fund litigation on issues affecting women; inspect jails and custodial homes; and advise on socio-economic development of women. It has civil court powers while investigating. It runs a 24x7 helpline and the online complaint system. Limitations: recommendations are advisory; members are nominated by the government (raising questions of independence); limited funds.

National Commission for Protection of Child Rights (NCPCR)

A statutory body set up in March 2007 under the Commissions for Protection of Child Rights Act, 2005, under the Ministry of Women and Child Development. A chairperson and six members (at least two women). It monitors child rights under the Constitution and the UN Convention on the Rights of the Child (ratified by India in 1992); it also monitors the RTE Act, 2009, the POCSO Act, 2012 and the Juvenile Justice Act, 2015. "Child" means a person up to 18 years. It has civil court powers while inquiring into complaints.

National Commission for Minorities (NCM)

Originally a non-statutory Minorities Commission (1978); made statutory by the National Commission for Minorities Act, 1992. It has a chairperson, a vice-chairperson and five members, all from minority communities. The Centre has notified six religious minorities: Muslims, Christians, Sikhs, Buddhists, Parsis and Jains. It evaluates progress of minorities, monitors safeguards, looks into complaints and recommends measures. Recommendations are not binding. Many states have State Minorities Commissions.

Information Commissions

The Central Information Commission (CIC) and State Information Commissions were set up under the Right to Information Act, 2005 (in force on 12 October 2005). The CIC has a Chief Information Commissioner and up to ten Information Commissioners, appointed by the President on the recommendation of a committee of the Prime Minister, the Leader of the Opposition in the Lok Sabha and a Union Cabinet minister nominated by the PM. The RTI (Amendment) Act, 2019 gave the Central government power to fix the term and salaries of Information Commissioners (now three years under the 2019 rules), replacing the earlier fixed five-year term and equivalence with Election Commissioners. The CIC hears second appeals and complaints, can impose penalties of up to ₹25,000 on defaulting Public Information Officers, and recommend disciplinary action. The Digital Personal Data Protection Act, 2023 amended Section 8(1)(j) of the RTI Act, widening the exemption for personal information – criticised by transparency advocates. The large number of pending appeals and vacancies in commissions has been a persistent concern; in Anjali Bhardwaj (2019) the Supreme Court directed timely appointments.

Practice: Mains question

*"NITI Aayog was meant to be a think tank of cooperative federalism, but its effectiveness is constrained by design." Discuss. (150 words)* Points: its composition (Governing Council), initiatives (Aspirational Districts, indices, AIM), lack of financial powers, centralisation concerns, and suggestions – a statutory basis, regular Governing Council meetings, and a stronger role in evaluation through the DMEO.

Common traps

• Both the Planning Commission (1950) and NITI Aayog (2015) were created by executive resolution – neither is constitutional or statutory.
• NCW (1990 Act, set up 1992), NCPCR (2005 Act, set up 2007), NCM (1992 Act) are statutory.
• Under RTI, the CIC selection committee is PM, LoP and a Cabinet minister.
• The RTI Amendment 2019 allowed the Centre to fix term and salary of Information Commissioners.

Practice: check your understanding

1. *Who now allocates plan-type funds that the Planning Commission once gave states?* The Finance Ministry, through budget allocations to ministries and centrally sponsored schemes; the Finance Commission handles formula-based devolution.
2. *Can the NCW take suo motu notice of a crime against women?* Yes, it can take suo motu notice of deprivation of women's rights and seek reports from authorities.
3. *Why was the RTI Amendment of 2019 criticised?* Because allowing the government to fix the tenure and salary of Information Commissioners could weaken their independence from the bodies they oversee.