Study Notes on Constitutional body (Part-III)

CONSTITUTIONAL BODIES IN INDIA

Constitutional bodies in India are the bodies or institutes that have its name mentioned in Indian constitution. It derives power directly from the constitution. Any type of change in mechanism of these bodies needs constitutional amendment.

Constitutional bodies in India are as follows-


National Commission for SCs-

-The National Commission for Scheduled Castes (SCs) is directly established by Article 338 of the Constitution.
-Article 338 of the Constitution provided for the appointment of a Special Officer for Scheduled Castes (SCs) and Scheduled Tribes (STs) 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 designated as 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.
In 1987, the Government (through another Resolution) modified the functions of the Commission and renamed it as the National Commission for SCs and STs.
The 65th Constitutional Amendment Act of 1990 provided for the establishment of a high-level multi-member National Commission for SCs and STs in the place of a single Special Officer for SCs and STs.
The 89th Constitutional Amendment Act of 2003 bifurcated the combined National Commission for SCs and STs into two separate bodies as follows-
National Commission for Scheduled Castes (under Article 338)
National Commission for Scheduled Tribes (under 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 by warrant under his hand and seal.
-Their conditions of service and tenure of office are determined by the President.
-The commission presents an annual report to the president. (It can also submit a report as and when it thinks necessary.)
-The Commission is vested with the power to regulate its own procedure.


National Commission for STs-

-The National Commission for Scheduled Tribes (STs) is directly established by Article 338-A of the Constitution.
In 1999, a new Ministry of Tribal Affairs was created to provide a sharp focus to the welfare and development of the STs because geographically and culturally, the STs are different from the SCs and their problems are also different from those of SCs.
The 89th Constitutional Amendment Act of 2003 bifurcated the combined National Commission for SCs and STs into two separate bodies and a separate body came into existence i.e.National Commission for Scheduled Tribes (under Article 338-A).
-The separate 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 by warrant under his hand and seal.
-Their conditions of service and tenure of office are determined by the President.
-The Commission presents an annual report to the President. (It can also submit a report as and when it thinks necessary.)
-The Commission is vested with the power to regulate its own procedure.


National Commission for Backward Classes-

-National Commission for Backward Classes is a Constitutional body (123rd constitutional amendment bill 2018 and 102nd amendment in constitution to make it constitutional body).
-The Bill removes power of NCSC to examine matters related to backward classes.
-The Bill seeks to make NCBC Constitutional body by inserting new article 338B in constitution composition, mandate, functions and various officers of of NCBC.
-The Bill mentions that NCBC will comprise of five members appointed by President.
-Their tenure and conditions of service will also be decided by President through rules.
-The Bill gives NCBC powers of civil court while investigating or inquiring into any complaints.

 

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