STATUTORY INSTITUTIONS/COMMISSIONS

STATUTORY INSTITUTIONS/COMMISSIONS

Syllabus : Statutory Institutions/Commissions : Election Commission, Comptroller and Auditor

General, Finance Commission, Union Public Service Commission, National Commission for Scheduled
Castes, National Commission for Scheduled Tribes, National Commission for Women; National Human
Rights Commission, National Commission for Minorities, National Backward Classes Commission

CONCEPT OF COMMISSIONS:
The concept of governance has been an evolving concept. There has been a realisation that the
government alone cannot ensure good governance. The paradigm of governance is shifting from
‘government centric to citizen centric’. Hence, the involvement of civil society is necessary to ensure
transparency and accountability. Even policy making is becoming complex and multidimensional such
that inputs from bureaucracy are not sufficient.
Hence, to address the above requirement, the government of India has created certain bodies like
National Human Rights Commission, NCM etc.
They are expected to perform the role as (you can use these in almost all national commissions):
● Acting as watchdog bodies
● Providing grievance redressal mechanism along with judiciary.
● Role to investigative, evaluative, monitor, consult the issues of marginalised.
● They have a role to promote consciousness in the field of civil rights, human rights etc.
● They promote research and are expected to work in close cooperation with civil society.
● The uniqueness of these bodies in India is reflected in the fact that while they are part of the
governmental institutions and depend upon the government for funds, functions, functionaries;
at the same time they act as an institution to ensure accountability, answerability from the
government itself.
● On one hand, while some of the commissions like National Human Rights Commission, National
Commission for Minority etc. are a result of evolving international law, treaties etc. On the other
hand, some commissions like National commission for scheduled castes and National commission
for scheduled tribes have their origin in the Indian constitution.
● However, due to their ineffectiveness and lack of focus on them by the government, they are often
called ‘Malnourished children of the government of India’.

ELECTION COMMISSION OF INDIA

● Constitutional Body
● Article 324 provides the power of superintendence, direction and control of elections to:
○ Parliament
○ State legislatures

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 STATUTORY INSTITUTIONS/COMMISSIONS

○ President of India
○ Vice-president of India
● The Election Commission is an all-India body. It is common to both the Central government and
the state governments.
● The Election Commision of India is a highly trusted institution entrusted with the task of
‘superintendence, direction and control of elections. While the makers of the Indian Constitution
drew from both colonial laws as well as other constitutions while setting up other statutory or
constitutional bodies and offices, there was no existing precedent for an election commission of
the kind envisaged by them.
● India was the first country to give constitutional status to the election commission. India is
regarded as the most successful of all the 3rd world democracies. The credit of such a success
goes to the election commission.
● The Election Commission of India was created in 1950 with only a Chief Election Commissioner.
● In 1989, two more Commissioners were appointed due to increased workload.
● The "Election Commissioner Amendment Act, 1989" made it a three-member body.
● Chief Election Commissioner and other Election Commissioners have salaries on par with Supreme
Court judges.
● Appointment is made by the President on the council of ministers' advice.
● Chief Election Commissioner can be removed by Parliament with a two-thirds majority vote.
● Other Election Commissioners can be removed by the President based on the Chief Election
Commissioner's recommendation.
● Functions: administrative, advisory, and quasi-judicial roles.
● Responsibilities include electoral roll maintenance, candidate nominations, political party
registration, campaign monitoring, delimitation, model code of conduct, and disqualification
advice.
advisory of eci by SC before implementing affidavit system coz eci have to
implement
ROLES it.
● Guardian of free and fair elections.
● Issues Model Code of Conduct for elections.
● Registers political parties to avoid confusion.
● Sets statutory limits on election campaign expenses.
● Promotes the use of EVMs for efficient voting.
● Addresses concerns of criminalization of politics.
● Requires candidates to submit affidavits disclosing criminal records.
● Ensures transparency by providing information on candidates' past records.

ISSUES WITH THE ELECTION COMMISSION

● Appointment procedure of Election commissioners: Currently, the executive appoints the chief
election commissioner (CEC) and the two election commissioners (ECs) without consulting any
other political parties. It is apprehended that the President may on the advice of the council of
ministers appoint Chief Election Commissioner and the other commissioners based on political
considerations.
● Removal procedure of election commissioners: There is a glaring gap between the stature of the
CEC and the other two ECs. This is reflected in India's election commissioner’s dismissal
mechanism.
● The Supreme Court has previously stated that the CEC and the two other ECs have the same
standing and that the CEC is simply first among equals in the argument against Navin Chawla's
dismissal.
● The constitution has not specified the number of regional Commissioners to be appointed.
● It has not specified their qualifications, term and other conditions of service.
● The Election Commission has not been vested with the right to recruit and regulate the conditions

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of service of the secretariat staff.

● The 44th Amendment Act 1978 has landed the commission in the vortex of politics by authorising
the President to seek the opinion of the Election Commission regarding the possibility of holding
elections in a state under the President’s Rule after a six months period.
● The success of the Election Commission to a great extent depends on the cooperation of the
opposition parties as well as the implicit faith of the party in power in its unbiased functioning.
● Failure to curb criminalisation of politics.
● Huge continued role of money and muscle power in elections.
● Election funding issues. For example, electoral bonds.
● Accusations of partisanship
● Political interference accusations for example Ashok Lavasa controversy.
● Inadequate responses to the violations of MCC

REFORMS
● The Ex. Home Minister and also former Deputy Prime Minister of India L.K. Advani gave
suggestions for the reform of Election commision. He suggested that by following these guidelines,
the neutrality of the members of the Election Commission can be maintained and their credibility
can be enhanced.
o The Election commission should be a multi-membered body.
o Retired secretaries of Government of India should not be appointed as members of Election
Commision.
o The retired members of the Election Commision should not be offered any appointment.
● Multi-membered appointment body similar to National Human Rights Commission.
● Parity between removal process of all election commissioners.
● State funding of elections as suggested by the Dinesh Goswami committee.
● Powers to Election commission of India to deregister political parties.
● Legal backing to Model code of conduct.

ANALYSIS OF EVOLUTION IN WORKING OF ELECTION COMMISSION OF INDIA BY DAVID GILMARTIN IN “THE GREAT
March of Democracy”, edited by S.Y. Queraishi:
● Election Commission's role: Conducts free and fair elections, balances politics.
● Gained global recognition for safeguarding democracy.
● Struggles to control threats like money and muscle power.
● Indian democracy successful in electoral terms, with widespread participation and many parties.
● Elections represent society's aspirations and are synonymous with democracy.
● Challenges in the past three decades due to massification of electoral democracy.
● Former commissioners strengthened the Election Commission's authority.
● Evolved into a regulatory institution, introduced Model Code of Conduct.
● Exercised powers in posting and deploying bureaucracy during elections.
● Controversies and internal bickering raised concerns about autonomy and neutrality.
● Issues with decisions on EVMs, VVPAT machines, and electoral bonds.
● Reforms face challenges without political party cooperation.

CONCLUSION:
The Election Commission over the years has undertaken a number of laudable electoral reforms to
strengthen democracy and enhance fairness of elections like use of advanced technology. However,
the much needed reforms as suggested by different committees need to be implemented urgently if
we have to save the institution from legitimacy crisis. A country’s administration should be governed
not by the bullet but by the ballot.

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India is a changing society, democracy is also changing, reform acc to that.
3
ECI should also think about distance online remote, postal, mobile polling to
explore whether we can reduce violence.
 STATUTORY INSTITUTIONS/COMMISSIONS

Comptroller and Auditor General of India (CAG)

● Constitutional body.
● Article 148-Article 151.
● It audits all receipts and expenditure of the government of India and all the state governments,
including those of bodies and authorities substantially financed by the government.
● The CAG is also the external auditor of government-owned corporations and conducts
supplementary audits of government companies, i.e., any non-banking company in which the
Union Government has an equity share of at least 51 per cent or subsidiary companies of existing
government companies.
● Dr. B.R Ambedkar in constituent assembly held that the Comptroller and auditor general’s office
is the most important constitutional office as it is the custodian of the public purse.

The Comptroller and Auditor General (CAG) is an independent constitutional functionary responsible
for auditing government departments, funds, and public sector undertakings. They also manage
accounts and provide guidance to the Public Accounts Committee of Parliament.

CONSTITUTIONAL PROVISIONS RELATED TO CAG

1. Article 148→ broadly deals with the CAG’s appointment, oath and conditions of service.
2. Article 149→ deals with duties and powers of the Comptroller and Auditor-General of India.
3. Article 150→ it says that the accounts of the Union and of the States shall be kept in such form as
the President may, on the advice of the CAG, prescribe.
4. Article 151→ it says that the reports of the Comptroller and Auditor-General of India relating to
theaccounts of the Union shall be submitted to the president, who shall cause them to be laid before
each house of the parliament.
5. Article 279→ Calculation of “net proceeds” is ascertained and certified by the Comptroller and
Auditor-General of India, whose certificate shall be final.

Broad objectives of audit

The broad objectives of audit are to ensure regularity, legality, economic efficiency and effectiveness
of financial management and public administration.
Currently, the CAG performs the compliance audit, Financial audit and the performance audit.
Performance audit mostly focus on 3 E’s:
i. Efficiency
ii. Effectiveness
iii. Economy of the government

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 STATUTORY INSTITUTIONS/COMMISSIONS

● Financial audit: whether the financial statements are properly prepared, are complete in all
respects and are presented with adequate disclosures;
● Compliance audit: whether the provisions of the Constitution, the applicable laws, rules and
regulations made thereunder and various orders and instructions issued by competent authority
are being complied with; and
● Performance audit: The extent to which an activity, programme or organisation operates
economically, efficiently and effectively.
● While the first two audits are obligatory, the performance audit is discretionary.

ACHIEVEMENTS OF CAG
CAG has played a significant role over the years. It has ensured accountability and transparency in the
public fund management.
Examples:

CAG reports exposed:

1. 2G Spectrum Scandal (2010-2011): Arbitrary sale of licenses cost Rs. 1.76 lakh crore.
2. Commonwealth Games, 2010: Governance, financial mismanagement, corrupt deals.
3. Indian Coast Guard: Criticized for coastal protection shortcomings.
4. Civil Aviation Sector: Incompetence, risky acquisitions, flawed processes.

ISSUES FACED AND WAY FORWARD FOR THE CAG

Issues Way forward
Appointment: Under article 148-151, CAG is The 2nd ARC has suggested establishing a bipartisan
appointed by the president on the advice of commission which will be a multi-member body for
the PM and council of ministers. the appointment of CAG (similar to NHRC). It suggests
CAG’s appointment is in the hands of the that there should be a role given to the opposition.
executive and has no role of legislatures in
the process. Amitabh Mukhopadhyay in his book “Rethinking
It creates the conflict of interest for the Public Institutions in India” has suggested that the
CAG. There are various examples where the Public account committee must be consulted while
questions have been raised on appointment appointing the CAG.
of CAG.
For example, appointment of Shashi Kant
Sharma as CAG had been questioned
because in his past tenure he served in the
defence ministry and he supervised defence
procurements.
Scope of CAG audit: Former CAG Vinod Rai has suggested making
With respect to performance audits: The performance audits mandatory.
CAG faces the challenge to handle the 2nd ARC has suggested that there should be well
criticism on performance audit. Especially defined rules for the scope of private players.
when the report is critical of the
government policies.
Scope of audit of the private players – There
has been uproar over the authority of the
CAG to audit the private companies and
debate on who should be included and who
should not.

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 STATUTORY INSTITUTIONS/COMMISSIONS

Quality of Audits: The quality of the audits Public account committee had rubbished these
mainly comes into question when the CAG claims and called the CAG’s reports to be a valuable
submits the report with criticism of the and reliable source of information.
government. Many times, CAG has to
submit its report for peer to peer review
institutions like INTOSAI (International
organisation of supreme auditinginstitution)
which found that half of the CAGreports could
have been more balanced in context and
findings.

Recent controversies:
• Redactive pricing in Rafale deal questioned for constitutional propriety.
• Controversial appointment of GC Murmu as CAG, criticized as non-transparent and politically
driven.
• Public Account Committee examines only a minority of CAG reports in detail.
• Lack of cooperation from ministries in submitting data and reports.
• CAG's post-mortem approach compromises efficient audit report drafting.
• Lack of clear time frame for tabling completed reports in the legislature.

REFORMS:
● Former CAG Vinod Rai in his book “Not just an accountant“ has suggested the following reforms
to make the office of CAG more effective:
o Bring all public-private partnerships (PPPs), Panchayati Raj Institutions, and government-
sponsored societies within CAG's jurisdiction,
o To keep up with developments in governance, the CAG Act, 1971 should be revised.
o A collegium style procedure for selecting a new CAG, similar to how a Chief Vigilance
Commissioner is chosen (CVC).
● Ramaswamy Iyer, a former member of the Indian Audit and Accounts Service, delineated steps to
improve CAG’s effectiveness. Recommended reforms include:
o Creating awareness about all CAG reports in the media and the public.
o Attending more CAG reports that are currently biting dust in the Public accounts committee.
o Reforming the role of the auditor as a proactive financial and accounting detective in order to
uncover scams and corruption instead of simply reporting on it after a scam has occurred.
o Making full use of the constitutional and statutory provisions of CAG to convert it into a truly
powerful body.

CONCLUSION:
Though CAG is often cited as a cause for unwillingness in decision-making, it is very important that
CAG upholds the entire gamut of audit functions where public interest is involved. Hence, it should
continue to perform its role as the 5th pillar of Indian democracy.

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 STATUTORY INSTITUTIONS/COMMISSIONS

FINANCE COMMISSION

● Constitutional body
● Article 280 states that the President of India is required to constitute a Finance Commission at an
interval of five years or earlier, as he deems fit.
● It determines the method and formula for distributing the tax proceeds between the Centre and
states, and among the states as per the constitutional arrangement and present requirements.

COMPOSITION OF THE FINANCE COMMISSION

The CAG consists of a chairman and four members appointed by the President, eligible for
reappointment, with qualifications specified by Parliament, including experience in public affairs,
finance, law, and economics.

FUNCTIONS/NEED OF THE FINANCE COMMISSION

The Finance Commission makes advisory recommendations to the President on matters like
tax distribution between the center and states, grants-in-aid, and fiscal resources for local bodies. It
balances fiscal federalism, ensures equitable tax sharing, and addresses regional disparities, aiming
for fairness and effective public service provision.

ISSUES WITH THE FINANCE COMMISSION

● No state representation: States are concerned about the financial commission itself. It is fully a
central government dominated organisation. State governments have no role in the selection of
members or in determining the terms of reference.
● Finance commission vs NITI AAYOG: The Indian Constitution envisions Finance Commission as the
balancing wheel of fiscal federalism. However, it needs to sync with NITI AAYOG, a non-
constitutional and non-statutory body to reduce overlapping jurisdictions. nitiyn a -
● Division methodology: Union has also requested that the 15th Finance Commission
statesconsiderhave
represented
ending income deficit grants and provide a method for performance-based awards. However, the
question remains as to whether the Finance Commission is the appropriate entity to assess the
performance of the states.

15TH FINANCE COMMISSION

KEY RECOMMENDATIONS:
• Devolution of taxes to states: Decrease share from 42% to 41%, accounting for new union
territories.
• Income distance (45%): Higher share for states with lower per capita income to maintain equity.
• Demographic performance (12.5%): Reward efforts in controlling population growth.
• Forest and ecology (10%): Share based on state's dense forest cover.
• Tax effort (2.5%): Reward states with higher tax collection efficiency.
• Population (15%): Revenue distribution based on 2011 population with separate funding for
demographic performance.
• Area (15%).
• Grants-in-aid in the form of 'tied funds' for revenue deficit, local bodies, and disaster
management.

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15TH FINANCE COMMISSION AND LOCAL GOVERNMENT

• Increased grants to local bodies: Rs. 4.36 lakh crore (52% more than 14th Finance Commission).
• Urban finance: Rs. 1.55 lakh crore over 2021-2026 (78% increase) with performance-based grants.
• Basic grants for cities under a million population; million-plus cities linked to performance through
Million-Plus Cities Challenge Fund.
• Increase in conditional transfers (tied funds) to promote best practices in sectors like social, rural,
governance, and power.
• Nearly 57% of approved transfers now conditional grants, limiting state fiscal autonomy until
complying with Center's conditions

RECOMMENDATIONS ON FISCAL ROADMAP

• Fiscal deficit and debt levels: Suggested center's fiscal deficit to be 4% of GDP by 2025-26, and
states' fiscal deficit limits as % of GSDP: 4% (2021-22), 3.5% (2022-23), 3% (2023-26).
• Off-budget borrowings: Recommended full disclosure of extra-budgetary borrowings by both
central and state governments, and timely elimination of outstanding liabilities.
• Revenue mobilization: Strengthen income and asset-based taxation, expand provisions related to
tax deduction and collection, tap into stamp duty and registration fees potential, integrate
digitized property records for accurate property valuation.
• GST implementation challenges: Highlighted issues like shortfall, volatility, credit accumulation,
invoice matching glitches, and delayed refunds. Recommended addressing tax capacity by
broadening the tax base, streamlining tax rates, and improving tax administration expertise.

ISSUES WITH 15TH FINANCE COMMISSION

● Using the 2011 census for revenue distribution.
● Conditional grants to local governments: Critics say that conditional grants reduce states'
authority.
● States’ demand for larger loans declined and net borrowing fell.
● Non-lapsable defense fund: The 15th FC has agreed to the Centre's proposal to establish a non-
lapsable dedicated fund to support defense modernization. While the Consolidated Fund of India
will provide a significant portion of its funding, other sources of funding are unclear. Given the
Centre's contention that states should share the burden of defense and security, a portion of the
States' allocation of resources could be diverted to fund such a facility.

CONCLUSION
As per Dr. P V Rajamannar, the Chairman of the Fourth Finance Commission, “since the Finance
Commission is a constitutional body under article 280, it is intended to be quasi-judicial. Hence, its
recommendations should not be turned down by the Government of India unless there are extremely
strong grounds”. It acts as the balancing wheel of Indian federalism.

UNION PUBLIC SERVICE COMMISSION [UPSC]

● Independent constitutional body

● Principal central recruiting agency in India
● Articles 315 to 323 in Part XIV of the Constitution contains provisions regarding the composition,

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 STATUTORY INSTITUTIONS/COMMISSIONS

appointment and removal of members along with the independence, powers and functions of the
UPSC
● Watchdog of the merit system in India

COMPOSITION, APPOINTMENT, REMOVAL AND TERM OF MEMBERS

OF UPSC
• UPSC has 9-11 members, including the chairman.
• Half the members must have held public office for at least ten years.
• The President appoints the chairman and members.
• Term of office is six years or until the age of 65.
• Reappointment and holding other offices during the term are not allowed.
• Removal requires the President's action in specific circumstances.
• Resignation is possible by writing to the President.

FUNCTIONS OF UPSC
• UPSC advises the government on recruitment methods, appointments, promotions, and transfers
(advisory role).
• It conducts examinations for Union services appointments.
• Assists states in joint recruiting strategies if requested.
• Presents an annual report to the President, shared with Parliament, including cases where advice
wasn't accepted.
• Provides advice on disciplinary actions against employees.
• Central government can entrust additional functions through regulations.
• The President may define matters where the Commission doesn't need to be consulted.

LIMITATIONS OF THE UPSC

● Only recommendatory role: The role of UPSC is not only limited, but also the recommendations
made by UPSC are only of advisory nature and hence, not binding on the government.
o It is up to the Union government to accept or reject that advice.
o The only safeguard is the answerability of the government to the parliament for departing
from the recommendation of the UPSC.
o Further, the government can also make rules which regulate the scope of the advisory
functions of the Commission.
● The establishment of the central vigilance commission (CVC) in 1964 impacted UPSC's
participation in disciplinary proceedings.
o Because the government consults both the bodies while initiating disciplinary action against
civil servants. The issue arises when the two bodies provide contradictory advice.
o However, the Union Public Service Commission has an advantage over CVC because it is a
constitutional body.
● The following matters are kept outside the functional jurisdiction of the Commission. In other
words, the UPSC is not consulted on the following matters:
o While making reservations of appointments or posts in favour of any backward class of
citizens.
o While taking into consideration the claims of scheduled castes (SC) and scheduled tribes in
making appointments to services and posts. (Article 320(4))
o With regard to the selections for chairmanship or membership of commissions or tribunals,
posts of the highest diplomatic nature and bulk of group C and group D services.
o With regard to the selection for temporary appointment to the post if the person appointed
is not likely to hold the post for more than a year.

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WAY FORWARD
• Involve research institutes and universities for administration courses.
• Transform the commission into a think-tank on personnel issues.
• Decentralize duties to improve efficiency.
• Adapt to changing times with transparency, accountability, and delivery focus.

NATIONAL COMMISSION FOR SCHEDULED CASTES

“Political will to end the scourge of caste discrimination is needed at all levels of government to
alter traditional attitudes and turn well-meaning laws into reality.” --Human Rights Watch

EVOLUTION/FUNCTION/COMPOSITION OF THE COMMISSION

• The original Constitution had a Special Officer for SCs and STs (Article 338).
• The 65th Amendment replaced it with a National Commission for SCs and STs.
• The 89th Amendment divided it into two bodies: National Commission for Scheduled Castes
(Article 338) and National Commission for Scheduled Tribes (Article 338-A).
• Each commission comprises a Chairperson, Vice-Chairperson, and three members appointed by
the President.
• Functions of the commissions include monitoring constitutional safeguards, investigating
complaints, advising on socio-economic development, reporting to the President, making
recommendations, and other specified functions for SCs' welfare.

POWERS OF THE NCSC

• The NCSC can regulate its own procedure and possesses powers similar to a civil court while
investigating matters or complaints.
• These powers include summoning people from any part of India, examining them under oath,
requiring document production, and receiving evidence on affidavits.
• It can requisition public records from courts or offices and issue summons for witness examination
and document submission.
• The Central and state governments must consult the commission on major policy matters
concerning SCs.
• The Commission also handles matters related to the Anglo-Indian community's constitutional
safeguards and reports to the President.
• Previously, the commission had similar functions for Other Backward Classes (OBCs), but this
responsibility was removed by the 102nd constitutional amendment act in 2018.

CRITICAL ANALYSIS OF NCSC

NCSC has classified the safeguards into 5 major categories:
1. Social
2. Economic
3. Educational and cultural
4. Political
5. Service
Since it has primarily concerned itself with service matters, it has been criticised for having elitist
biasness.

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● Elitist bias: The Commission's competence in settling service-related grievances may be

contrasted with its inability to reduce the incidence of atrocities and violence against dalits, or to
effectively fight the persistent scourge of untouchability.
● Less usage of suo motu cognisance: Since the Commission mostly acts on complaints, and it is the
more upwardly mobile sections within these groups that are articulate and capable of mounting
claims, it is said to have been less than sensitive to the exclusions engendered by the lack of
education or information. This has resulted in less usage of powers of Suo motu cognisance.
● It is less active in making a stronger case for fundamental change, or a frank and sharp analysis of
the social realities of discrimination.
● Proliferation of other institutions - In many policy sectors, as in the case of the Scheduled Castes,
the proliferation of several institutions has created an institutional jungle in which the roles and
powers of each are obfuscated.
● Huge delays: Delays in conducting the inquiry tend to affirm the position of the government.
● Conflict of interest: The complaints are routinely referred to the same authorities who are
accused of being complicit in perpetuation or implicit in cover up operations.
● Appointment: Even when the members are appointed, it seems that there exists a lack of
institutionalization in the procedures of appointment. It results in the spoils system.
● Recommendatory nature: Since its decisions are not mandatory and only recommendatory, it can
be effective only when responsible authorities take timely steps to implement the
recommendations.
● Tabling of reports: Unfortunately, there is a lack of regularity with respect to presentation of the
reports to the parliament. Even when the reports are tabled, they are hardly discussed.

However, by drawing attention to the landlessness of dalit wage laborers, and highlighting the need
for streamlining land revenue administration, NCSC has clearly sought to go beyond its role as
protector, to advance the welfare of disadvantaged and marginalised social groups.

Second ARC acknowledged the above problem and recommended the creation of a separate
parliamentary committee for all commissions to ensure deliberations to improve parliamentary
oversight and ensure parliamentary effectiveness. Even the quality of reports matters along with
quality data, and hence steps for capacity building of the persons are required.

WAY FORWARD AS PER CENTRE FOR POLICY RESEARCH

• Establish institutionalized mechanism for autonomous member appointments.
• Utilize suo motu power effectively to address elite biases.
• Conduct internal evaluations to redefine priorities in an egalitarian manner.
• Strengthen legal and judicial protection for Dalits through standard operating procedures and
capacity building.
• Obtain reliable data on various subjects like the "creamy layer," impact of reservations, and
experiences in reserved constituencies.
• Address societal issues like changing untouchability context and intra-group conflicts.
• ADDRESS CONFLICTS BETWEEN CHAIRPERSON AND MEMBERS DUE TO POLITICIZED APPOINTMENTS.

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CONCLUSION
Empowerment in the true sense can only be achieved by cultivating sensitive and sympathetic cultures
that recognize their obligation to try to alleviate the suffering and shame experienced by exploited
and disadvantaged people. Restructuring NCSC is one of the many steps in this direction.

NATIONAL COMMISSION FOR SCHEDULED TRIBES (NCST)

BACKGROUND OF NCST
● In the original constitution, article 338 provided for special officers for SCs and STs to protect their
interests and evaluate their progress in the country.
● In 1988, the union government initiated the 65th constitutional amendment act after finding that
the institutional support was insufficient.
● In 1990, National commission for SC and ST was established as a constitutionally approved
institution to protect the interests of SCs & STs.
● Later in 2003, the 89th constitutional amendment act replaced the National commission for SC
and ST with two separate commissions:
o Article 338 established NCSC.
o Article 338(A) established NCST

COMPOSITION OF NCST
A chairperson, vice chairperson and 3 full time members including one woman member.

FUNCTIONS OF NCST
Article 338(5) & 338(A)(5) lists the functions of NCSC & NCST.

Scheduled Castes and Scheduled Tribes Commission:

• Investigate and monitor safeguards for SC/ST communities
• Inquire into specific complaints regarding their rights and safeguards
• Advise on socio-economic development planning and progress
• Present annual reports to the President with recommendations for effective implementation of
safeguards and development measures
• Perform other functions specified by the President

SC ST Prevention of Atrocities Act, 1989:

• Prohibits offenses against SC/ST individuals
• Defines atrocities, including forced consumption, nudity, sexual assault, and eviction
• Non-bailable offenses with punishment from 6 months to 5 years
• Neglecting implementation can lead to punitive action against public officials, including
imprisonment
• State responsible for victims' rehabilitation

WEAKNESSES (SIMILAR WEAKNESSES LIKE THE OTHER COMMISSIONS)

• Limited meetings, with many pending reports and unresolved cases.
• Non-functional for four years, failing to deliver reports to Parliament.
• Hindered by manpower and financial shortages.
• Difficulty in recruitment due to stringent eligibility criteria.
• Focus on service-related grievances, not adequately addressing atrocities against tribals.
• Less sensitive to issues affecting marginalized tribal groups.

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 STATUTORY INSTITUTIONS/COMMISSIONS

• Limited advocacy for fundamental change and addressing discrimination.

• Confusion due to the proliferation of other institutions with similar roles.
• Delays in inquiries, undermining effectiveness.
• Conflict of interest in referring complaints to implicated authorities.
• Lack of institutionalization in appointment procedures leading to nepotism.
• Non-binding recommendations, relying on authorities' willingness to implement.
• Irregular presentation of reports to Parliament with minimal discussion.

WAY FORWARD
Parliamentary committee on the NCST has suggested the following:
The vacancies should be filled as soon as possible, since the recruitment regulations have been
updated. NCST’s budgetary allocation needs to be evaluated so that its operations are not
hampered by shortage of finances.

CONCLUSION
Despite such issues, NCST has tried its best to perceive the basic problems of Scheduled Tribes and
has made certain recommendations to improve the implementation of existing schemes to extend the
benefits to the Scheduled Tribes.

NATIONAL COMMISSION FOR WOMEN

CONCEPTION AND INTRODUCTION/COMPOSITION

• 1974-75: Designation of International Year of Women due to the rising awareness and feminism.
• World Conference in 1975: Held in Mexico, resulted in a declaration on "Women's equality and
their contribution to development and peace."
• Towards Equality Report: Committee on the status of Women in India (CSWI) released this report
after the conference, prompting gender-sensitive policy making and emphasis on female child
education.
• National Commission for Women (NCW): Recommended by CSWI and established through the
National Commission for Women Act, 1990.
• Composition: NCW consists of a nominated chairperson, five members with relevant experience,
and at least one member each from Scheduled Castes and Scheduled Tribes.
• Formation: First NCW constituted on 31st January 1992, with Mrs. Jayanti Patnaik as its
chairperson.

FUNCTIONS OF NCW
1. Investigate and recommend remedies for women's deprivation.
2. Examine safeguards provided for women under the Constitution and other laws.
3. Address complaints and take suo moto notice of relevant cases.
4. Present reports on safeguard implementation periodically to the Central Government.
5. Make recommendations for effective implementation and improvement of women's conditions.
6. Review existing constitutional and legal provisions related to women.

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7. Pursue cases of constitutional and legal violations concerning women's rights.

8. Conduct promotional and educational research.
9. Inspect institutions like jails and women's facilities.
10. Participate in planning women's socio-economic development.
11. Summon individuals, receive evidence, and compel testimony in relevant cases.
12. Take action on issues related to women's disadvantaged position.
13. Follow Section 10(1) of the NCW Act, covering 14 instructions for safeguarding women's rights,
researching women's issues, assessing their status, and supporting women's rights litigation

POWERS OF THE COMMISSION

1. While investigating any case, the commission has the authority of a civil court and can wield it in
specific cases.
2. issuing directions for the examination of witnesses and documents;
3. summoning and enforcing the attendance of any person from any part of India and examining him
on oath;
4. requiring the discovery and production of any document;
5. receiving affidavit-based evidence.
6. requisitioning any public record or copy thereof from any court or office, and
7. any additional matter that may be required by law.

SHORTCOMINGS OF THE COMMISSION (INSTITUTIONAL)

1. Recommendatory nature: The Commission does not have concrete legislative powers. It only has
the powers to recommend amendments and submit reports, which is not binding on the
government.
2. Appointments: The power to select members of commission is vested with the federal
Government and in India’s volatile political scenario the appointments may get politicised.
3. Financial dependence on centre: The Commission is dependent on grants from the Union
Government and this could compromise the independence of the Commission.
4. Symbolic presence: While the last three decades have witnessed a number of initiatives by various
governments, the manner in which the issues have been addressed, have mainly been symbolic
gestures and the state has failed to address the issue of gender inequality in a substantive manner.
5. Focus only on safety: While women's advancement, development, and empowerment were
emphasised in the 2001 National Women's Policy, the commission is primarily concerned with
women's safety.
6. Lack of streamlining: NCW deviates from the NPW 2001 (National Policy for Women) goals, which
are to "promote a shift in cultural mentality, to obtain support from all for the upliftment of
women, collaborative approach, and synergic interaction."
7. Non inclusive: NCW is a women-only organisation which needs to include men and even
transgenders to have diverse perspectives and the opinion of the other genders.
8. Biasness allegations: Dependence on government prevents NCW from being critical of the
government in their role as a watchdog. Concerns about AFSPA have never been addressed by
NCW holistically.

OTHER ISSUES (FUNCTIONAL)

a. Orthodox comments by chairpersons: The scope of NCW is constrained by the chairperson's
inclination.
a. For example, the commission has called for liberal social views on one hand, yet the
chairwoman has urged that Indian women should not emulate the west (wearing short
dresses) in the case of public molestation of a young girl in Guwahati.
b. The National Council of Women has been chastised for their stance on sexual abuse cases,
particularly the Mangalore Pub case.

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c. Describing the suicides of three Rajasthan girls as a "simple case of suicide,"

b. Two power centres:
a. Chairperson and member Secretary are the two positions which often clash. Moreover, the
bureaucracy continues to wield more influence.
c. Parallel bodies: NCW vs Ministry of Women and Children's Development.
a. Issues with respect to jurisdiction
b. Conflicting stances

CASE STUDIES
● In 2002, when there was large-scale sexual violence for a good two months in Gujarat, the NCW
did not send its team. Subsequently, its team gave the strange finding that no particular
community was targeted and there was no sexual violence.
● In the case of public molestation of a young girl in Guwahati in 2012, the then chairperson blamed
the victim when she said that "Be careful about how you dress. Copying the West blindly is eroding
our culture and causing such crimes to happen."
● In 2012, the NCW head had said in Jaipur that “if a group of boys eve-teases you by calling you
sexy, you should not get provoked rather you should take it positively.”
● The approach of NCW in the Manorama Devi case, Soni Suri case, Muzaffarpur shelter home case
and very recently in Hathras has not been satisfactory.
● A former NCW head, accused women of crying rape to settle property disputes and to claim
compensation.

SCHOLARLY ANALYSIS
According to Sadhana Arya in her article titled “National Commission For Women: Its Overview And
Performance”:
● The commission, according to detractors, has failed terribly. There is a dearth of transformational
philosophy among the members.
● The government has constrained the commission by design, but the members have decided to
limit themselves even more.
● NCW has evolved into a body that distributes patronage as well as a body that is stuck in a conflict
of processes.

A deep analysis by Lalitha Kumaramangalam, former chairperson of NCW

● The National Commission for women has the mandate to review the constitutional and legal
safeguards for women, recommend remedial legislative measures, facilitate redressal of
grievances and advise the government on all policy matters affecting women. However, it soon
found itself in shackles and virtually powerless. Today, the commission is desperately fighting for
its own empowerment.
● The major reason for NCW’s ordeal stems from the interference and financial control exercised
by the ministry of women and child development (MoWCD), even though the commission is an
autonomous statutory body.
● Activists associated with various parties across the political spectrum expressed similar views on
the efficiency of NCW.
o For example, Girija Vyas, a former NCW chairperson says, “The government has never taken
NCW seriously. The policy is to adjust the commission somewhere in the process.” She
suggests that instead of taking the commission as an ‘adjustable seat’, the government should
extend support and empower it.
● Since the Commission's funds come from the ministry, the two often find themselves at
loggerheads.
o For example, the case of the anti-trafficking bill. The NCW had rejected the trafficking of
persons (prevention, protection and rehabilitation) bill, 2016, drafted by the ministry. Instead

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of a new law, the commission wanted strengthening of existing provisions of the Immoral
Traffic (Prevention) Act. Instead of using the clash of ideas for a wider debate on a key law
concerning women, the ministry acted revengefully and kept the commission out of
consultations for the draft national policy for women, 2016.
● The chairperson of NCW has a lower status than the heads of other statutory bodies.
o For example, the chairpersons of the NCSC and of the NCST have the status of a cabinet
minister. The NHRC chairperson is a former chief justice and hence enjoys an exalted status.
In comparison, the NCW head enjoys the status of a secretary to the government. Given the
hierarchy in Indian bureaucracy, this difference has a significant impact on the functioning of
the commission.
● Currently, the commission mostly deals with cases where FIRs are not registered by police, or
when the FIRs are registered but no action is taken. The commission members have demanded
setting up of a police chowki within its premises where the aggrieved women can lodge ‘zero FIR’,
which, in turn can be transferred to the concerned police station. NCW also takes suo moto
cognisance of non-implementation of laws and non-compliance of policy decisions. The members
complain that NCW often receives poor response from the police and other officials.
● NCW’s investigation hits the hurdle whenever it investigates a case of violation of women’s rights
as senior bureaucrats do not cooperate with it. This impacts the investigation adversely. As a
result, the commission can hardly do its investigation and limits its intervention to an inquiry.
● The commission also conducts research and studies on issues affecting women. It also sponsors
similar work of independent organisations. However, no actions are being taken on the findings
of the research.
● The commission faces a huge staff crunch. Former members suggest that the commission needs
at least 100 employees to function smoothly.
● Strangely, there is no effective coordination between the national and state commissions as the
latter are autonomous and do not report to the NCW. Also, there is no uniformity in the acts
framed by different states for their respective commissions. This huge gap between the two
bodies eventually leads to lack of a coherent approach on women’s issues.

WAY FORWARD
1. It should be ensured that the commission works as national commission for women (working for
the women’s cause) and not become only the national commission of women (which means
commission consisting of women)
2. The Commission must be granted the power of choosing its members. The members should be
chosen with no prejudice and have a good knowledge of the law, understand society and human
behaviour. The selection of the chairperson and members should be transparent and democratic.
3. Allow it to work as a true watchdog, the financing should be independent of the government.
4. Its suggestions should be made obligatory.
5. The commission should hold consultations and meetings with different groups in society, such as
NGOs and civil society regularly.
6. The chairperson should be well-known and free of political influence.

CONCLUSION
Some states like Kerala have bestowed sweeping powers on state women’s commissions. It has a DSP-
rank police officer stationed inside its premises. The women can come to him directly to lodge their
complaints. Such models need to be applied even on the national level to ensure coordination
between the commission and law-enforcing agencies. This is needed to achieve SDG-5 i.e. Gender
equality.

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NATIONAL HUMAN RIGHTS COMMISSION(NHRC)

ORIGIN/OBJECTIVE/COMPOSITION
The NHRC was established in 1993 under the Protection of Human Rights Act. Its objectives are to
address human rights issues independently. It includes a Chairperson, Members, and ex officio
members from various national commissions. The secretary-general serves as the CEO with
administrative and financial powers.

APPOINTMENT/ RESIGNATION AND REMOVAL OF CHAIRPERSON AND OTHER MEMBERS

As per the Protection of Human Rights Act, 1993:
• The President appoints the Chairperson and Members based on the recommendations of a
Committee led by the Prime Minister.
• Resignation: Chairperson or Members may resign by writing to the President.
• Removal: The President can remove the Chairperson or Members on grounds of proved
misbehavior, incapacity, insolvency, engagement in paid employment outside their duties,
infirmity of mind or body, unsound mind, or conviction involving moral turpitude, as determined
by the Supreme Court after an inquiry.

FUNCTIONS OF THE COMMISSION

1. Investigating human rights violations by public servants, suo motu or on petitions.
2. Intervening in court cases related to human rights violations.
3. Inspecting jails and detention centers, making recommendations.
4. Studying international human rights treaties and proposing implementation measures.
5. Reviewing constitutional and legal safeguards for human rights, suggesting improvements.
6. Addressing issues hindering human rights, like terrorism, and recommending remedies.
7. Promoting human rights literacy and awareness.
8. Supporting NGOs working in human rights.
9. Conducting and promoting research in human rights.
10. Performing other necessary functions for promoting human rights.

ANALYSIS POSITIVES:
● GANHRI - Global Alliance of National Human Rights Institutions, a UN body based in Geneva, re-
accredited India’s apex rights watchdog with the ‘A’ status, a perfect score.
● Cases are resolved within a few months and compensation is granted in 90% of them.
● On its 25th year anniversary, NHRC highlighted its long list of achievements. It included disposal
of more than 17 lakh cases, carrying out over 750 spot enquiries of human rights violations,
payment of more than Rs 1 billion to victims of human rights violations, apart from conducting
over 200 conferences to spread awareness of human rights across the country.
● The NHRC also states that its role has been significant in combating custodial deaths and
encounter killings. The commission’s guidelines in 1997 mandated every custodial death and
encounter killing be reported to it within a span of 24 hours.

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ACHIEVEMENTS OF NHRC- CASE STUDIES

● Chakma refugees: In 1998, the NHRC recommended against the deportation of Chakma refugees
and argued that it violates their right to life under Article 21. This ultimately forced the state to
withdraw from considering deportation as an option.

● TADA and POTA Act: NHRC argued against granting vast policing powers over terror related
matters under TADA and POTA acts. NHRC’s recommendations became a crucial component in
the Supreme Court later striking down these acts as unconstitutional.
● Gujarat riots, 2002: NHRC recommended the transfer of cases of riot victims from Gujarat to other
states based on its findings about the atmosphere of fear and intimidation that could deny a fair
trial to the victims.

ISSUES RELATED TO NHRC

1. Autonomy concerns as it relies on the law ministry and the central government for
administrative and financial needs.
2. One-year time limit for inquiries may hinder reporting of ongoing violations.
3. Selective cases based on media reports, not grassroots investigations.
4. NHRC's advice is recommendatory and not binding, limiting its impact.
5. Overlapping jurisdiction with other agencies like NCSC can lead to grievance redressal
challenges.
6. Limited reach in certain regions, like Jammu and Kashmir.
7. Cannot directly investigate human rights violations by the armed forces.
8. Not explicitly empowered to address human rights violations by private parties.
9. Investigations often redirected to government authorities and constrained by one-year time

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limit.
10. Perceived as a post-retirement platform for judges, officers, and bureaucrats.
11. Inadequate funding hampers its activities.
12. Composition raises questions about excessive representation of judges and lack of human rights
and civil liberty experts.

SCHOLARLY VIEWS:
● Justice V R Krishna Iyer called NHRC as “the biggest post office in India” (forwarding complaints
to the government and its replies to complainants).
● Famous lawyer Rajeev Dhavan said it had “assumed a stance far too grandiose not commensurate
with its resources and internal will” and was “a mere showpiece to convince the world that the
government is committed to human rights protection.”
● Former chief justice of India H.L. Dattu has called the NHRC a “toothless tiger”.
● Soli Sorabjee, former Attorney General called NHRC as ‘TEASING ILLUSION’.

RECOMMENDATIONS FOR NHRC

• Make NHRC's advice mandatory and binding, treating its findings as quasi-judicial decisions.
• Grant more powers for providing interim relief, including monetary compensation, and the ability
to punish human rights violators as a deterrent.
• Ensure NHRC's autonomy with minimal interference from the government.
• Restrict the definition of armed forces and allow independent investigations into human rights
violations cases.
• Establish an independent cadre of officials to develop expertise in investigating human rights
violations.
• Recruit an independent investigating staff rather than relying on deputation.
• Diversify the commission's membership to include civil society and human rights activists, not just
ex-bureaucrats.
• Amend laws to remove weaknesses that lead to human rights violations.

CONCLUSION:
• NHRC, which began its journey with much promise, seems to have lost all its teeth. Over the years,
there have been cases of human rights abuse across the country, particularly in Jammu and
Kashmir, Chhattisgarh, Jharkhand and the northeast region which has raised questions of
legitimacy crisis on NHRC.
• Human rights have been considered as the core rights, because human rights are rights inherent
to allhuman beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other
status. The legitimacy and credibility of these institutions rest on their ability to address the
problems relatingto human rights in a society.

NATIONAL COMMISSION FOR MINORITIES (NCM)

The concept of democracy is based on the principle of “majority rule and minority rights” which
suggests that even the governments elected by a popular majority are obliged to protect minority
rights.

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BACKGROUND/COMPOSITION OF NCM
• The National Commission for Minorities (NCM) was proposed in the Ministry of Home Affairs
Resolution of 1978.
• The resolution acknowledged the existence of inequality and discrimination among minorities
despite constitutional safeguards.
• In 1984, the NCM was moved from the Ministry of Home Affairs to the newly created Ministry of
Welfare.
• The National Commission for Minorities Act was enacted in 1992, making the NCM a statutory
body.
• The NCM consists of a Chairperson, a Vice-Chairperson, and five members nominated by the
Central Government.
• All five members, including the Chairperson, are selected from persons of eminence, ability, and
integrity belonging to minority communities.
• The minority communities covered by the NCM are Muslims, Christians, Sikhs, Buddhists,
Zoroastrians (Parsis), and Jains.
• These religious minority communities together constitute about 22% of the country's population.

FUNCTIONS OF NCM:
1. To evaluate the progress of the development of minorities under the Union and States;
2. To make recommendations for the effective implementation of safeguards for the protection of
the interests of minorities by the Central Government or the State Governments;
3. To look into specific complaints regarding deprivation of rights and safeguards of the minorities
and take up such matters with the appropriate authorities;
4. To cause studies to be undertaken into problems arising out of any discrimination against
minorities and recommend measures for their removal;
5. To monitor the working of the safeguards provided in the constitution and in laws enacted by
parliament and the State Legislatures;
6. To conduct studies, research and analysis on the issues relating to socio-economic and educational
development of minorities;
7. To suggest appropriate measures in respect of any minority to be undertaken by the Central
Government or the State Governments;
8. To make periodical or special reports to the Central Government on any matter pertaining to
minorities and in particular difficulties confronted by them;
9. any other matter which may be referred to it by the Central Government.

POWERS OF NCM
The Commission have all the powers of a civil court, while trying a suit and in particular, in respect of
the following matters, namely:
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 or copy thereof from any court or office;
5. Issuing commissions for the examination of witnesses and documents.

CHALLENGES FACED BY NCM

• Lack of confidence among minorities: Despite constitutional safeguards, minorities feel insecure
and face inequality and discrimination.
• Non-transparent appointments: The selection process lacks transparency, with appointments
made arbitrarily from a list suggested by the nodal ministry.
• Reports not tabled: Annual reports and action taken on recommendations haven't been presented

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before Parliament since 2010.

• Capacity-related challenges:
• Human resources deficiency: Inconsistent staffing and appointments of key officials.
• Limited role of state level minority commissions: Integration issues with the NCM, and
only 66.67% of Indian states have minority commissions.
• Underutilization of technology: The complaint monitoring system lacks an end-to-end
complaint handling mechanism.
• Lack of constitutional status: The NCM lacks constitutional recognition, unlike other commissions
for SCs, STs, and OBCs.
• Financial planning & Expenditure related challenges: Inadequate spending on research activities
obstructs the commission's mandate.
• Legal & constitutional authority related challenges:
• No 'teeth' for legal capacity: The NCM lacks the authority to act effectively as per its
mandate.
• Absence of constitutional power for independent inquiries: Unable to conduct
independent investigations in cases of minority rights violations.
• Lack of coordination: Union and state governments are not required to consult the commission
on minority development issues.
• Political overtones: The commission's nominated members may operate under the influence of
the prevailing political identity.
• Other issues: The NCM lacks certain powers, such as initiating inquiries, investigating with
government agencies, intervening in court cases, or visiting detention facilities.

WAY FORWARD
● In 2004, the standing committee on social justice and empowerment, headed by Sumitra
Mahajan, made specific recommendations to strengthen the NCM, highlighting its insufficient
investigative powers such as:
● Reports should mandatorily be tabled in the parliament.
● In order to reduce pendency of cases at the organisational level, NCM should set certain baseline
targets related to the pendency rates.
● NCM should evaluate the performance of its members based on specific performance criteria, in
order to ensure accountability, such as number of decisions taken, disposal rate of case in
stipulated time.
● Expanding the role of state minorities commissions by strengthening them and setting up more
state commissions, can help in reducing the pendency rates and increasing hearing effectiveness
of the commission.
● Conducting staffing needs assessment at regular intervals to address the problem of vacant
positions in the membership.
● NCM should develop a feedback mechanism regarding how their appeal was processed,
irrespective of the decision taken.

In the era of populist majoritarianism that renders minority rights ignored, the National Commission
for Minorities has the potential to rise as an institution that can serve as the beacon of minority rights
in a diverse country like India, which is constantly faced with trial of proving its resilience &
commitment to idea of ‘Unity in diversity’.

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NATIONAL COMMISSION FOR BACKWARD CLASSES

BACKGROUND/COMPOSITION/CONSTITUTIONAL PROVISIONS
• National Commission for Backward Classes (NCBC) formed after the Indra Sawhney case directive.
• Constitution (One Hundred and Second Amendment) Act, 2018 granted constitutional status to
NCBC.
• NCBC composition: Chairperson, Vice-Chairperson, and three Members appointed by the
President.
• Responsibilities: Identifying socially and educationally backward classes and recommending
solutions.

FUNCTIONS OF NCBC
According to the amended Article 338B (5), it shall be the duty of the Commission:
1. to investigate and monitor all matters relating to the safeguards provided for the socially and
educationally backward classes under the Constitution or under any other law for the time being
in force or under any order of the Government and to evaluate the working of such safeguards.
2. to inquire into specific complaints with respect to the deprivation of rights and safeguards of the
socially and educationally backward classes.
3. to participate and advise on the socio-economic development of the socially and educationally
backward classes and to evaluate the progress of their development under Union and any State.
4. to present to the President, annually and at such other times as the Commission may deem fit,
reports upon the working of those safeguards.
5. to make in such reports the recommendations as to the measures that should be taken by the
Union or State for the effective implementation of those safeguards and other measures for the
protection, welfare and socio-economic development of the socially and educationally backward
classes.
6. to discharge such other functions in relation to the protection, welfare and development and
advancement of socially and educationally backward classes as the President may, subject to the
provisions of any law made by Parliament, by rule specify.

POWERS OF NCBC
● NCBC is vested with the power to regulate its own procedure.
● NCBC, while investigating any matter or enquiring into any complaint, has all the powers of a civil
court trying a suit and in particular, in respect of the following matters:
o Summoning and enforcing the attendance of any person from any part of India and examining
him on oath;
o Requiring the discovery and production of any document;
o Receiving evidence on affidavits;
o Requisitioning any public record from any court or office;
o Issuing summons for the examination of witnesses and documents;
o Any other matter which the President may determine.

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● The central government and the state governments are required to consult NCBC on all major
policy matters affecting the socially and educationally backward classes.

CHANGES AFTER CONSTITUTIONAL STATUS

● In addition to reservations, the new act recognized that Backward Classes require development.
The act includes specific provisions for the development of Socially and Educationally Backward
Classes as well as the role of the new NCBC in the development process.
● The new NCBC has been tasked with the added task of redressing grievances of backward classes.
● Article 342(A) promotes additional openness by requiring Parliament's approval before adding or
removing any community from the backward list.
● It mandates full and holistic growth and advancement of each group towards equality in all aspects
of development and welfare, in addition to list-inclusion and reservation.

ISSUES
● The recommendations of the commission are not binding on the government.
● The new NCBC still lacks credible and effective social justice architecture.
● Since it has no powers to define backwardness, it cannot address the current challenge of
demands of various castes to be included as Backward Classes.
● It has been criticised that the administration put the entire framework of special protections under
the constitution in jeopardy by keeping the previous general name of NCBC and delinking the body
from its soul (Article 340).
● Features of being an expert body are not provided in the composition of the new NCBC (as
directed by the Supreme Court)
● Mere constitutional status and more acts will not solve the problem at grass root level.
● Article 338B (5) remains silent on the SC mandate on periodic revision of the backward class list
in consultation with the NCBC.
● Other general issues like other commissions can be quoted like staff crunch, political overtones
etc.

WAY FORWARD
● As required by the Supreme Court, the composition shall represent the characteristics of an expert
body.
● The findings of the caste census and the commission's recommendations should be made
available to the public.
● The composition of the commission should reflect gender sensitivity and representation of all
stakeholders.
● Vote bank politics should give way to value-based politics as only the truly backward elements of
society should benefit from reservation.

WAY FORWARD (FOR ALL COMMISSIONS)

2nd ARC in its report “CITIZEN CENTRIC GOVERNANCE” has made following recommendations:
• Political will needed for implementing recommendations.
• Merge under NHRC to avoid overlap.
• Establish parliamentary committee for accountability.
• Increase resources for effective handling of complaints.
• Ensure autonomy in composition and funds.
• Make recommendations mandatory.
• Consult with NGOs and Civil Society for diverse perspectives

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CONCLUSION
There is a general impression that the manner in which these institutions function, it obscures the
system, it trivializes injustice and hence reduces the dignity of the institution. It further results in a
crisis of governability and a crisis of legitimacy.

PYQS
1. How far is the National Commission for Backward Classes an empowered body? Assess its role in
the context of rising demand for backwardness among dominant communities. (2022)
2. The success of electoral democracy can partly be attributed to the status and role of the election
commission of India. Explain. (2021)
3. Examine the role and functioning of the election commission of India and the Comptroller and
Auditor general in the last 2 decades. (2020)
4. Comptroller and Auditor-General of India enhances the accountability of the Government and
serves as the watchdog of the finances of the Government. Explain. (2019)
5. Discuss, in brief, the role of the National Commission for women. Do you think it is a toothless
organization?' (2019)
6. Comment on: State subvention/funding may be an effective instrument of strengthening electoral
democracy in India. (2017)
7. Examine the role of the National Commission for Minorities 1n preserving, promoting and
protecting the rights of minorities in India. (2017)
8. Examine the objective and role of the National Human Rights Commission. (2016)
9. Critically examine the provisions made in the Constitution for the protection of Environment.
(2016)
10. Comment on: Structure and Function of NITI Aayog. (2015)
11. Comment on: The role of the Comptroller and Auditor General of India in promoting good
governance. (2014)
12. Discuss the working of the National Commission for Scheduled Castes to curb violence against
Dalits. (2014)
13. Comment on: Role of National Commission for Women in India. (2012)

SOURCES
● THE OXFORD COMPANION TO POLITICS IN INDIA
● B.L. FADIA
● D.D. BASU
● M. LAXMIKANT
● IGNOU

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