Which of the following is the constitutional body?a)National Child Rig...
The National Commission for Scheduled Castes is a constitutional body while the other commissions are the statutory commissions which have been established by the Act of Parliament.
Which of the following is the constitutional body?a)National Child Rig...
Constitutional Body: National Commission for Scheduled Castes
The correct answer is option 'D', the National Commission for Scheduled Castes. This is a constitutional body that was established under Article 338 of the Constitution of India. Let's understand the role and significance of this commission in detail.
1. Background:
- The National Commission for Scheduled Castes (NCSC) was established in 2004 as a constitutional body to safeguard the rights and interests of the Scheduled Castes (SCs) in India.
- It is an outcome of the 65th Constitutional Amendment Act, 1990, which inserted Articles 338B and 338C into the Constitution.
2. Constitutional Provisions:
- Article 338B: It provides for the establishment of the National Commission for Scheduled Castes. The composition, powers, and functions of the commission are mentioned under this article.
- Article 338C: It deals with the establishment and functions of similar commissions for Scheduled Tribes (STs). However, the question specifically asks about the Scheduled Castes Commission.
3. Composition:
- The National Commission for Scheduled Castes consists of a Chairperson, Vice-Chairperson, and three other members. They are appointed by the President of India.
- The Chairperson should be a person who has been a judge of the Supreme Court or Chief Justice of a High Court.
- The Vice-Chairperson and other members should have special knowledge or practical experience in matters relating to the welfare of SCs.
4. Functions:
The key functions of the National Commission for Scheduled Castes include:
- Investigating and monitoring matters related to the safeguards provided for SCs under the Constitution or any law.
- Inquiring into specific complaints regarding violation of rights and safeguards of SCs.
- Participating and advising in the planning process of socio-economic development of SCs and evaluating the progress made.
- Making recommendations for the effective implementation of constitutional and legal safeguards for SCs.
- Monitoring the working of various institutions for the protection of SCs and their welfare.
5. Powers:
The National Commission for Scheduled Castes has the powers of a civil court while investigating and inquiring into any matter. These powers include the ability to:
- Summon and enforce the attendance of witnesses.
- Receive evidence on affidavits.
- Requisition any public record or copy thereof from any court or office.
- Issue commissions for the examination of witnesses or documents.
- Any other powers that may be prescribed.
In conclusion, the National Commission for Scheduled Castes is a constitutional body established to protect and safeguard the rights and interests of the Scheduled Castes in India. It plays a crucial role in monitoring, investigating, and recommending measures for the effective implementation of constitutional and legal safeguards for SCs.