National Commission of SC & ST - Questions and Answers

ANSWER: 1

Explanation:

• The National Commission for Scheduled Castes (SCs) is a constitutional body.


• Article 338 of the Constitution says that There shall be a commission for the Scheduled Castes to be known as the National Commission for the Scheduled Castes.


• Other national commissions are statutory bodies as they are established by acts of the Parliament and have no explicit mention in the Constitution.

Evolution of The Commission -


• Originally, Article 338 of the Constitution provided for the appointment of a Special Officer for Scheduled Castes (SCs) and Scheduled Tribes (STs).


• It was to investigate all matters relating to the constitutional safeguards for the SCs and STs and to report to the President on their working.


• He was called the commissioner for SCs and STs.


• In 1978, the Government through a Resolution set up a non-statutory multi-member commission for SCs and STs.


• This was along with the office of commissioner for SCs and STs.


• In 1987, the Government through another Resolution modified the functions of the commission and renamed it as the National Commission for SCs and STs.


• 65^th Constitutional Amendment Act of 1990 provided for the establishment of a high levelmulti-member National Commission for SCs and STs in the place of a single Special Officer.


• This constitutional body replaced the commissioner for SCs and STs and the commission set up under the Resolution of 1987.


• The 89^th Constitutional Amendment Act of 2003 bifurcated the commission into two distinct bodies - National Commission for Scheduled Castes (Article 338) and National Commission for Scheduled Tribes (Article 338-A).


• The separate National Commission for SCs came into existence in 2004.


• It consists of a Chairperson, a Vice-Chairperson and three other members.


• They are appointed by the President.


• Their conditions of service and tenure of office are determined by the President.

ANSWER: All of the above

Explanation:

Functions of The Commission -


• To investigate and monitor all matters relating to the constitutional and other legal safeguards for the SCs and to evaluate their working.


• To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scs.


• To participate and advise on the planning process of socio-economic development of the SCs and to evaluate the progress of their development under the Union or a state.


• To present to the President, annually and at such other times as it may deem fit, reports upon the working of those safeguards.


• To make recommendations as to the measures that should be taken by the Union or a state for the effective implementation of those safeguards and other measures for the protection,welfare and socio-economic development of the SCs.


• To discharge such other functions in relation to the protection, welfare and development and advancement of the SCs as the President may specify.

Report of The Commission -


• The commission presents an annual report to the President.


• It can also submit a report whenever it thinks it’s necessary.


• The President places all such reports before the Parliament.


• This is along with a memorandum explaining the action taken or proposed to be taken on the recommendations of the commission.


• The memorandum should also contain the reasons for the non-acceptance of any of such recommendations.


• The President also forwards any report of the commission pertaining to a state government to the state Governor.


• The Governor then places it before the state legislature, along with a memorandum explaining the action taken on the recommendations of the commission and also the reasons for the non-acceptance of any of such recommendations.

ANSWER: 2, 3

Explanation:

Powers of The Commission -


• The commission is vested with the power to regulate its own procedure.

The commission, while investigating any matter or inquiring into any complaint, has all the powers of a civil court trying a suit and in particular in respect of the following matters -

1. summoning and enforcing the attendance of any person from any part of India and examining him on oath;

2. requiring the discovery and production of any document;

3. receiving evidence on affidavits;

4. requisitioning any public record from any court or office;

5. issuing summons for the examination of witnesses and documents; and

6. any other matter which the President may determine.


• The Central Government and the state governments are obligated to consult the commission on all major policy matters affecting the SCs.


• The commission also needs to discharge similar functions in regard of other backward classes (OBCs) as well as Anglo-Indian Community as it does in respect of the SCs.


• Thus, it has to investigate all matters relating to the constitutional and other legal safeguards for the OBCs and Anglo-Indian Community and report to the President upon their working.

ANSWER: Only 2

Explanation:

National Commission for Scheduled Tribes (STs) -


• National Commission for Scheduled Tribes (STs) is a constitutional body as it is directly established by Article 338-A of the Constitution.


• The National Commission for SCs and STs came into being on passing of the 65^th Constitutional Amendment Act of 1990.


• The commission was established under Article 338 of the Constitution.


• Its objective was monitoring all the safeguards provided for the SCs and STs under the Constitution or other laws.


• Geographically and culturally, the STs are different from the SCs.


• Their problems are also different.


• A new Ministry of Tribal Affairs was created in 1999 for a more focused approach towards the welfare and development of the STs.


• It was felt that the Ministry of Tribal Affairs should co-ordinate all activities relating to the STs as it would not be administratively feasible for the Ministry of Social Justice and Empowerment to perform this role.


• So, in order to safeguard the interests of the STs in a better manner, it was proposed to set up a separate National Commission for STs.


• The 89^th Constitutional Amendment Act of 2003 bifurcated the National Commission for SCs and STs.


• This Act amended Article 338 and inserted a new Article 338-A in the Constitution.


• National Commission for STs came into existence in 2004.


• It consists of a Chairperson, a Vice-Chairperson and three other members.


• They are appointed by the President.


• Their conditions of service and tenure of office are also determined by the President.

ANSWER: 1, 2, 4

Explanation:

Functions of the Commission -


• To investigate and monitor all matters relating to the constitutional and other legal safeguards for the STs and to evaluate their working


• To inquire into specific complaints with respect to the deprivation of rights and safeguards of the STs.


• To participate and advise on the planning process of socio-economic development of the STs and to evaluate the progress of their development under the Union or a state.


• To present to the President, annually and at such other times as it may deem fit, reports upon the working of those safeguards.


• To make recommendations as to the measures that should be taken by the Union or a state forthe effective implementation of those safeguards and other measures for the protection,welfare and socio-economic development of the STs.


• To discharge such other functions in relation to the protection, welfare and development andadvancement of the STs as the President may specify.

Other Functions of The Commission -

The President in 2005 has specified the following other functions of the commission in relation to the protection, welfare and development and advancement of the STs -


• Measures to be taken over conferring ownership rights in respect of minor forest produce to STs living in forest areas.


• Measures to be taken to safeguard rights of the tribal communities over mineral resources, water resources etc., as per law.


• Measures to be taken for the development of tribals and to work for more viable livelihood strategies.


• Measures to be taken to improve the efficacy of relief and rehabilitation measures for tribal groups displaced by development projects.


• Measures to be taken to prevent alienation of tribal people from land and to effectively rehabilitate such people in whose case alienation has already taken place.


• Measures to be taken to elicit maximum cooperation and involvement of tribal communities for protecting forests and undertaking social afforestation.


• Measures to be taken to ensure full implementation of the Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996.


• Measures to be taken to reduce and ultimately eliminate the practice of shifting cultivation by tribals that lead to their continuous disempowerment and degradation of land and the environment.

ANSWER: 1, 2

Explanation:

Report of The Commission -


• The commission presents an annual report to the President.


• It can also submit a report whenever it thinks it’s necessary.


• The President places all such reports before the Parliament.


• This is along with a memorandum explaining the action taken or proposed to be taken on the recommendations of the commission.


• The memorandum should also contain the reasons for the non-acceptance of any of such recommendations.


• The President also forwards any report of the commission pertaining to a state government to the State Governor.


• The Governor then places it before the state legislature, along with a memorandum explaining the action taken on the recommendations of the commission and also the reasons for the non-acceptance of any of such recommendations.

Powers of The Commission -


• The commission is vested with the power to regulate its own procedure.

The commission, while investigating any matter or inquiring into any complaint, has all the powers of a civil court trying a suit and in particular in respect of the following matters -

1. summoning and enforcing the attendance of any person from any part of India and examining him on oath;

2. requiring the discovery and production of any document;

3. receiving evidence on affidavits;

4. requisitioning any public record from any court or office;

5. issuing summons for the examination of witnesses and documents; and

6. any other matter which the President may determine.


• The Central government and the state governments are obligated to consult the commission on all major policy matters affecting the STs.

ANSWER: 1, 3, 4

Explanation:

• Special provisions are in Part 16 of the Constitution (Articles 330 to 342).


• The Constitution gives the President the power to decide what castes or tribes in each state and union territory are to be treated as the SCs and STs.


• Constitution has also not defined Backward Classes (OBC i.e.,Other Backward Class).


• Constitution has defined Anglo-Indian Community.


• An Anglo-Indian means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only.

Special Provisions -


• Article 330 and 332 - Reservation of seats for SCs and STs in Lok Sabha and State Legislative Assemblies on basis of population ratios.


• Article 331 and 333 - Special Representation for Anglo-Indians in Lok Sabha and State Legislative Assemblies. President can nominate two members of the Anglo-Indian community to the Lok Sabha, if the community is not adequately represented. Governor of a state can nominate one member of the Anglo-Indian community to the state legislative assembly, if the community is not adequately represented.


• The 95^thAmendment Act of 2009, extended above four provisions of reservation and special representation until 2020.


• Article 335 - Claims of SCs and STs to Services and Posts - 82^ndAmendment Act, 2000 provides for making of any provision in favor of the SCs and STs for relaxation in qualifying marks in any examination; for reservation in matters of promotion to the public services of the Centre and the states etc.


• Article 337 - Before independence, certain posts were reserved for the Anglo-Indians in the railway, customs,postal and telegraph services of the Union. Anglo-Indian educational institutions were given certain special grants by the Centre and the states. Both the benefitscontinuedtill 1960.


• Article 338 and 338-A - The President should set up a National Commission for the SCs (Article 338) and National Commission for the STs (Article 338-A) and place all such reports before the Parliament. The National Commission for SCs has to investigate all matters relating to the Constitutional and other legal safeguards for SCs, OBCs and Anglo-Indian community.


• Article 339 - The President should appoint a commission to report on the administration of the scheduled areas and the welfare of the STs in the states. U. N. Dhebar headed first such Commission in 1960. Second commission, appointed in 2002 was headed by Dilip Singh Bhuria.


• The executive power of the Centre extends to the giving of directions to a state with respect to the drawing up and execution of schemes for the welfare of the STs in the state.


• Article 340 - The President may appoint a commission to investigate the conditions of socially and educationally backward classes and to recommend the steps to improve their condition. First backward classes commission was appointed in 1953 headed by Kaka Kalelkar. It submitted its report in 1955. Second Backward Classes Commission was appointed in 1979 headed by B.P. Mandal.

ANSWER: All of the above

Explanation:

Vision of the Commissioner of linguistic Minorities -


• Streamlining and strengthening implementation machinery and mechanism for effective implementation of the Constitutional safeguards for the Linguistic Minorities, thereby ensuring protection of the rights of speakers of the minority languages so as to provide them equal opportunities for inclusive and integrated development.

Mission -


• To ensure that all the states/UTs effectively implement the Constitutional safeguards and the nationally agreed scheme of safeguards for the linguistic minorities for providing them equal opportunities for inclusive development.

Functions -


• To investigate all matters related to safeguards provided to the linguistic minorities.


• To submit to the President of India, the reports on the status of implementation of the Constitutional and the nationally agreed safeguards for the linguistic minorities.


• To monitor the implementation of safeguards through questionnaires, visits, conferences, seminars, meetings, review mechanism etc.

Objectives -


• To provide equal opportunities to the linguistic minorities for inclusive development and national integration


• To spread awareness amongst the linguistic minorities about the safeguards available to them.


• To ensure effective implementation of the safeguards provided for the linguistic minorities in the Constitution and other safeguards, which are agreed to by the states/UTs.


• To handle the representations for redress of grievances related to the safeguards for linguistic minorities.

Role of the Commissioner -


• The Commissioner takes up all the matters pertaining to the grievances arising out of the non-implementation of the Constitutional and Nationally Agreed Scheme of Safeguards provided to linguistic minorities that come to its notice.


• It also takes cognizance of matters brought to its knowledge by the linguistic minority individuals, groups, associations or organizations at the highest political and administrative levels of the state governments and UT administrations and recommends remedial actions to be taken.


• To promote and preserve linguistic minority groups, the Ministry of Minority Affairs has requested the State Governments/Union Territories to give wide publicity to the constitutional safeguards provided to linguistic minorities and to take necessary administrative measures.


• The state governments and UT Administrations were urged to accord priority to the implementation of the scheme of safeguards for linguistic minorities.


• The Commissioner launched a 10 point programme to lend fresh impetus to Governmental efforts towards the preservation of the language and culture of linguistic minorities.

ANSWER: Only 2

Explanation:

Constitutional Provisions -


• Originally, the Constitution of India did not make any provision with respect to the Special Officer for Linguistic Minorities.


• Later, the States Re-organisation Commission (1953-55) made a recommendation in this context.


• Accordingly, the Seventh Constitutional Amendment Act of 1956 inserted a new Article 350-B in Part XVII of the Constitution.

This article has the following provisions -

(a) There should be a Special Officer for Linguistic Minorities. He is to be appointed by the President of India.

(b) It would be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under the Constitution.

(c) He would report to the President upon those matters at such intervals as the President may direct.

(d) The President should place all such reports before each House of Parliament and send to the governments of the states concerned.

(e) It must be noted here that the Constitution does not specify the qualifications, tenure, salaries and allowances, service conditions and procedure for removal of the Special Officer for Linguistic Minorities.

Commissioner for Linguistic Minorities -


• In pursuance of the provision of Article 350-B of the Constitution, the office of the Special Officer for Linguistic Minorities was created in 1957.


• He is designated as the Commissioner for Linguistic Minorities.


• The commissioner has his headquarters at Allahabad (Uttar Pradesh).


• He has three regional offices at Belgaum (Karnataka), Chennai (Tamil Nadu) and Kolkata (West Bengal). Each is headed by an Assistant Commissioner.


• The commissioner is assisted at headquarters by Deputy Commissioner and an Assistant Commissioner.


• He maintains liaison with the State Governments and Union Territories through nodal officers appointed by them.


• At the Central level, the Commissioner falls under the Ministry of Minority Affairs.


• Hence, he submits the annual reports or other reports to the President through the Union Minority Affairs Minister.