The Indian Council of World Affairs Act, 2001

Summary of Indian Council of World Affairs Act, 2001
Key Provisions
1. Incorporation: - ICWA is constituted as a body corporate with perpetual succession and a common seal.
• Its head office is in Delhi, with the possibility of establishing branches elsewhere in India, subject to Central Government approval.
2. Transfer of Assets and Liabilities: - All assets, liabilities, and obligations of the pre-existing ICWA (registered under the Societies Registration Act, 1860) are transferred to the newly incorporated ICWA.
3. Composition of the Council: - Initial Composition: Includes high-ranking government officials and dignitaries, with the Vice-President of India as the ex officio President.
• Subsequent Composition: Diversified to include experts from various fields, with the Vice-President of India continuing as ex officio President.
4. Term of Office and Vacancies: - Members serve for three years, with provisions for addressing casual vacancies, removal, and potential re-nomination.
5. Powers and Functions: - Leadership Roles: Defined powers for the President and Vice-Presidents.
• Council Responsibilities: Promoting the study of Indian and international affairs, facilitating India's global relations, and achieving related objectives as outlined in Section 13.
6. Financial and Administrative Provisions: - Financial Management: Establishment of a fund managed by the Council, supported by Central Government allocations, grants, and donations.
• Accountability: Mandatory budget preparation and external audit as per prescribed rules.
7. Staff: - Director-General: Appointment as the Chief Executive Officer with specified tenure and qualifications.
• Other Personnel: Recruitment of additional staff as necessary, with clearly defined service conditions.
8. Miscellaneous: - Rule Making: Authority granted to the Central Government to formulate rules and to the Council for internal regulations.
• Reporting and Resolving Difficulties: Mechanisms for reporting to Parliament and addressing operational challenges.
Objects of the Council (Section 13)
• Promotion of Studies: In-depth study of Indian and international affairs.
• International Relations: Enhancement of India's global ties through various strategic means.
• Information Hub: Serving as a central repository for international affairs information.
• Publication: Issuance of relevant literature and research findings.
• Networking: Establishment of contacts with similar international organizations.
• Events and Activities: Organization of conferences, seminars, and other initiatives to promote its objectives.

Legislative History:

The Indian Council of World Affairs Act, 2001

Act Title - The Indian Council of World Affairs Act, 2001

Act Number / Year - 29 of 2001

Act ID (India Code) - 200129

Presidential Assent Date -September 3, 2001

Enforcement Date - September 1, 2000

Nodal Ministry - Ministry of External Affairs

Precedent & Historical Rationale

• Institutional Continuity & Revival of the ICWA:

o The Indian Council of World Affairs (ICWA) was originally established as a non-official, registered society in 1943 to promote the study of Indian and international affairs.

o Over time, administrative and management challenges led to stagnation and a decline in its functioning, prompting the need for direct governmental intervention to secure its heritage, library, and assets.

• Granting Statutory Status of National Importance:

o The legislative intent centered on declaring the ICWA an institution of national importance via a formal statute to provide it with a permanent legal framework, sound financial backing, structural accountability, and autonomy to function as a premier national think-tank on foreign policy and international relations.

Parliamentary Trajectory & Enactment

• Formulation:

Drafted and introduced by the Ministry of External Affairs to legally incorporate the Council, vest its assets seamlessly from the old society, and establish a high-level governance structure chaired ex-officio by the Vice-President of India.

• Parliamentary Passage:

Deliberated and passed by both Houses of Parliament (Lok Sabha and Rajya Sabha) during the monsoon session of 2001.

• Presidential Assent: Received Presidential Assent on September 3, 2001.

• Enforcement: Enforced on September 1, 2000.

Source: Official Records of Parliament, India Code, and Ministry of External Affairs.