QUICK REVISION MODULE

(UPSC PRELIMS 2024) Polity

Constitutional
Bodies
Part II

(NCSC,NCST, NCBC, Special officer for Linguistic Minorities)

Background
National Commission for 102nd Constitutional
Original Constitution: Backward Classes was Amendment Act:
Special officer for Renamed the non-statutory constituted as a statutory conferred constitutional
scheduled Castes commission as the National body by The National status to the National
(SCs) and Scheduled Commission for SCs and STs Commission for Back- Commission for
Tribes (STs) through another Resolution ward classes Act, 1993 Backward Classes

1978 1990 2003

1950 1987 1993 2018

A non-statutory 65th Constitutional 89th Constitutional Amendment

multi-member Amendment Act of 1990: Act: Bifurcated the combined
Commission for SCs A multi-member National National Commission for SCs
and STs through a Commission for SCs and and STs into two separate
resolution STs (Constitutional Body) bodies = NCSC and NCST

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Constitutional Bodies
Article in the Constitution
Composition
Chairperson/members
appointed by
Conditions of service
and tenure of office
Tenure under the
present rules
Qualifications
Salary & Allowances
Nodal Ministry
Safeguards the interests
of*
Submission of reports
Powers
Functions (w.r.t. their
respective target groups
as mentioned above*)
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8468022022 www.visionias.in
NCSC NCST NCBC
Art 338 Art 338A Art 338B
Chairperson + Chairperson + Chairperson +
vice-chairperson + 3 vice-chairperson + 3 vice-chairperson + 3
other members other members other members**
President President President
As the President
may by rule determine
3 years
Note: Not eligible for appointment for more than two terms.
Chairperson- Appointed from amongst eminent Socio-Political workers
belonging to the respective target group (STs/SCs/Socially & Educationally
backward classes).
Vice-Chairpersons and other members out of whom at least two shall be
appointed amongst persons belonging to the respective target group.
At least one other member shall be appointed from amongst women.
Every Member shall be entitled to such salaries, allowances and other
facilities as admissible to a Secretary to the Government of India.
Ministry of Social Justice Ministry of Ministry of Social Justice
and Empowerment Tribal Affairs and Empowerment
SCs + Anglo-Indian Com- STs Socially and educationally
munity backward classes
They present an annual report to the President (and any other report as and
when they may deem fit). President places all such reports before the
Parliament along with memorandum that contains reasons for
non-acceptance of any recommendations.
While investigating any matter, they have all the powers of a civil court trying
a suit - summoning and enforcing the attendance of any person, requiring
production of any document, requisitioning any public record from any court or
office etc.
a) To investigate and monitor all matters relating to their constitutional and
other legal safeguards.
b) To enquire into specific complaints with respect to deprivation of their rights
and safeguards.
c) To participate and advice on their socio-economic development and to evalu-
ate their development under the union or a state.
d) 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 their protection, welfare and socio-economic development.
Some additional functions entrusted specifically to NCST w.r.t. measures to be
taken to:
a) confer ownership rights in respect of minor forest produce to STs living in
forest areas.
b) safeguard rights of the tribal communities over mineral resources, water
resources etc. as per law.
c) improve the efficacy of relief and rehabilitation measures for tribal groups
displaced by development projects.
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d) elicit maximum cooperation and involvement of tribal communities for

protecting forests and undertaking social afforestation.
e) to ensure full implementation of the Provisions of Panchayats (Extension to
the Scheduled Areas) Act, 1996.
f) to reduce and ultimately eliminate the practice of shifting cultivation.
The Chairperson and Vice-Chairperson and any other Member (of all 3 bodies),
may, by notice in writing under his hand addressed to President, resign his
post.
The Chairperson shall be removed by order of President on the ground of
misbehaviour, after the Supreme Court, has on inquiry reported that the
Chairperson ought on any such ground to be removed.
Resignation and President may by order remove from office the Chairperson, Vice-Chairperson
Removal or Member, if that person:
(a) becomes an un-discharged insolvent;
(b) gets convicted and sentenced to imprisonment for an offence which in
the opinion of the President involves moral turpitude;
(c) is, in the opinion of the President, unfit to continue in office by reason of
infirmity of mind or body;
(d) in the opinion of the President, has so abused his/her position as to render
that persons continuance in office is detrimental to the interest respective
target group.

Linguistic minorities are determined on a state-wise basis.

Background It is a group of people whose mother tongue is different from that of
the majority in the state or part of a state.
Not in original constitution, States Reorganisation Commission
(1953-55) made a recommendation in this regard.
7th Constitutional Amendment Act (1956) inserted a new Article
350-B.

Office Art 350B provides for a Special Officer for linguistic minorities
to be appointed by the President.
Designated as the Commissioner for Linguistic Minorities.
At the Central level, the Commissioner falls under the Ministry
SPECIAL OFFICER of Minority Affairs.
FOR LINGUISTIC
MINORIRIES
Duty
Submits report to the President. The President places all such
reports before each House of Parliament and sends to the govern-
ments of the states concerned.
Investigate all matters relating to the safeguards provided for
linguistic minorities under the Constitution.

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