Summary

Polity Class 40

THE CLASS STARTED WITH A BRIEF OVERVIEW OF THE PREVIOUS CLASS (05:01 PM)

NATIONAL COMMISSIONS FOR SCHEDULED CASTE, SCHEDULED TRIBES AND OBCs (05:05 PM)

Functions of these commissions:
They investigate and monitor all matters related to the constitutional and other legal safeguards for the SCs, STs, and OBCs and evaluate their functioning
To enquire into specific complaints with regard to the deprivation of rights and safeguards of SCs, STs, OBCs, etc.
To participate and advise on the planning process of the socio-economic development of these sections and evaluate their performance.
To present to the president annually the reports regarding working these safeguards.
To make recommendations regarding measures to be taken by the Union or State governments regarding the socio-economic development of these sections.
To discharge such other functions in relation to the protection, welfare, development, and advancement of these sections.
The commission submits its annual reports to the President and the President tables these reports before the parliament along with actions taken report regarding recommendations made by the commissions.
Powers of these various commissions:
These commissions have the power to regulate their own procedure.
They have the power to investigate any matter related to SCs, STs, and OBCs.
It has the power of a civil court.
These commissions can summon any person from any part of India and examine him on oath.
It can demand any document from the government.
It can receive evidence from affidavits, It can request any public record from any public court or office.
Analysis of these Commissions:
Even though these constitutional bodies came into existence their functioning is far from satisfactory.
On the positive side, they had come out with constructive suggestions to protect the rights and privileges and these suggestions have also been included by the government in various legislations.
On the other hand, the politicization of these commissions is a problem in their independent and unbiased functioning.
In order to make these institutions more credible, recruitment to these bodies should be done strictly on the basis of merit.
Those members of NGOs or Civil society organizations who have been working for a long period of time in these domains should be appointed as members of these commissions.
These commissions should also be given the powers of contempt of court so that they can be effective in safeguarding the interests of vulnerable sections.

COOPERATIVE SOCIETIES (05:52 PM)

Mahatma Gandhi strongly believed in the cooperative society as he believed that it would make rural life prosperous.
Land Ceiling legislation which was included in the 9th schedule has failed to achieve the desired outcomes.
With the rapid increase in population, the country has witnessed the fragmentation of landholdings in Agriculture.
It becomes almost impossible for small farmers to introduce innovations with the objective of maximizing output.
In the 1960s, the Government of India initiated landmark reforms in the form of cooperative societies but it was not successful as Indian farmer is emotionally attached to the land.
In the 1990s, The country had opted for liberalization, privatization, and globalization but it has not benefitted the agriculture sector.
In order to make agriculture a business or an Industry, the government has revived the cooperative movement.
The 97th Constitutional Amendment Act was passed in 2011 to provide constitutional status to cooperatives.
It made the right to form cooperatives a fundamental right under Article 19(1) of the constitution.
It also included a new DPSP on the promotion of cooperative societies under Article 43B.
It also added a new part 9B to the constitution.
Cooperative Societies Act, is central legislation, whereas cooperative societies are state-subject under entry 32 in the seventh schedule of our constitution.
In recent times the country has witnessed rapid expansion in the cooperative movement.
It also resulted in the emergence of Multistate cooperatives, where the members and their areas of operation are spread across more than one state, they are registered under the Multistate Cooperative Societies Act, of 2002.
For Example, There are many sugar cooperatives which are present in the state of Maharashtra and Karnataka.
Recently the government has made changes to the Multi-state Cooperative Societies Act.
It was found that there was a lot of corruption in the management of these cooperatives.
The board of directors takes all decisions without involving members.
Elections are not held regularly by these cooperatives.
Administrative and financial control of these cooperatives is not in the hands of the state government.
The legislation passed by the parliament recently, is the response to overcome all these weaknesses.
It seeks to establish cooperative rehabilitation, reconstruction, and development funds for the revival of sick multistate cooperative societies.
The Supreme Court had shut down the provisions related to the central government gaining control over the single-state cooperatives.
It has ruled that entry 43 of the Union list in the 7th Schedule makes it clear that the state cooperatives are not under the scope of the central government.

SPECIAL PROVISIONS FOR SOME STATES (06:23 PM)

These are included in the constitution to satisfy the aspirations of the people of backward regions.
To protect the cultural and economic interests of tribal people.
To deal with law and order problems in some states.
Article 371:
The president is authorized that the governor of Maharashtra and Gujarat would have special responsibility for the establishment of separate development boards for Vidarbha, Marathvada region.
The governor of Gujarat has special responsibility for the development of Saurashtra, Kutch, and the rest of Gujarat.
These development boards must prepare reports regarding the activities performed and they should be placed before the state legislative assembly every year.
They must ensure equal arrangements for providing technical education and vocational training.
They must also focus on improving employment opportunities for people from these regions in state civil services.
Article 371A:
It is a special provision related to Nagaland, The acts of the parliament would not apply to Nagaland unless the state legislative assembly approves them.
a) Religious and social practices of Nagas.
b) Naga customary law and procedure.
c) Administration of civil and criminal justice involving decisions according to Naga customary laws.
d) Ownership and transfer of land and other resources.
The governor of Nagaland shall have special responsibility for the maintenance of law and order in the state.
The Governor consults the council of ministers but makes his own decisions and his decisions are final.
The governor also must ensure that the money provided by the central government for specific purposes is included in the demand for grants for the same purpose of the state government.
There shall be a regional council for the district of Tuensang, consisting of 35 members and the administration of the district is the responsibility of the governor and the governor shall be guided by the council.
Article 371B - Special Provisions for Assam:
The president is empowered to create of committee for the Assam state legislative assembly consisting of the members of the tribal areas to protect their interests.
Article 371C - Special Provisions for Manipur:
The president is authorized for the creation of a committee of the Manipur legislative assembly consisting of the members from Hill areas of the state.
The governor also has a special responsibility to ensure the proper functioning of these committees.
The governor also must submit an annual report to the president regarding the administration of the hill areas.
The central government can give directions to the state government regarding the administration of hill areas.
Article 371D & E - Special Provisions for Andhra Pradesh, Telangana:
Initially the article was only for the United state of Andhra Pradesh and after AP State Reorganization Act was passed in 2014, It was extended to Telangana also.
The president is empowered to provide equitable opportunities and facilities for people belonging to different parts of the state in the matter of public employment and education.
Reservations can be provided in direct recruitment to vacancies in state governments.
Article 371F:
36 CAA made Sikkim a full-fledged state of India.
It included Article 371 F, Under this Sikkim legislative assembly shall consist of not less than 30 members.
One seat is alloted to sikkim in Lok Sabha.
The number of seats in the state legislative assembly should be reserved for different sections of society depending on their population.
The governor has a special responsibility for peace and equitable development of different sections of the Sikkim population.
The governor can act according to his own discretion.
The president can extend to Sikkim any law that is enforced in the state of the Indian Union.
Article 371 G: Mizoram:
The acts of parliament relating to the matters would not apply to Mizoram unless the state assembly approves them.
Matters are similar to the state of Nagaland.
Legislative assembly is to consist of not less than 40 members.
Article 371 H: Arunachal Pradesh:
As per the act, the governor of Arunachal Pradesh shall have the special responsibility for law and order in the state.
The Governor can make his own decisions with regard to law and order and his decisions are final.
The State assembly consists of not less than 30 members.
Article 371 I: Goa
The Goa legislative assembly should consist of not less than 30 members.
Article 371 J: Karnataka:
It was inserted by the 98th CAA of 2012, There shall be a separate development board for special status to six backward districts of the Hyderabad-Karnataka region, It must also have equitable distribution of the funds for development.
There would be a reservation of seats for vocational educational training for students belonging to this region.

STATUTORY BODIES (07:26 PM)

They are created by an act of Parliament.
Parliament defines its functions responsibilities, powers, and privileges.
Parliament also defines their mode of appointment and their service conditions.
They are established to reduce the burden of the judiciary.
Examples of these statutory bodies include the National Human Rights Commission, the National Commission for Women, the Central Vigilance Commission, SEBI, the National Green Tribunal, CCI, TRAI, IRDAI, PFRDA, and the National Commission for Minorities. etc.
National Human Rights Commission:
It has come into existence as part of global constitutionalism.
The United Nations Human Rights Commission recommended that the member countries of the UN come up with a human rights commission in their own countries to protect the right to life and liberty, equality, and dignity guaranteed by their constitution.
NHRC came into existence in 1993, through legislation passed by the parliament i.e. Protection of Human Rights Act, 1993.
Objectives of NHRC:
Strengthening institutional arrangements through which human rights issues can be addressed in a more focused manner.
To look into human rights excesses independently of the government.
To complement and strengthen efforts to protect human rights.
To create awareness among ordinary citizens about human rights.
Composition of NHRC:
It is a multi-member body consisting of a chairperson and five members.
The Chairperson shall be a retired CJI of India or a judge of the Supreme Court of India and members should be a serving or retired chief justice of the high court, a serving or retired judge of the supreme court, and three people from the field of human rights.
Appointment of members to NHRC:
They are appointed by the president on the recommendations of a six-member committee consisting of the Prime minister, the Speaker of Lok Sabha, the Deputy chairperson of the Rajya Sabha, the Leader of Opposition in Lok Sabha and Rajya Sabha, and the Union home minister.
A sitting judge of the Supreme Court or sitting CJ of the High Court can be appointed only after consultation with CJI.
Tenure:
They are appointed for a period of 3 years or the upper age limit is 70, whichever is earlier.
They are eligible for reappointment.
After their tenure is over they are not eligible for any other appointment within the government.
Functions:
To enquire into any violation of human rights by a public servant.
It can take up cases on its own or petitions presented before it.
They can be involved in any proceeding involving human rights violations pending before the court.
They can visit prisons to study the living conditions of the prisoners and give suggestions to improve them.
To review constitutional and legal safeguards for the protection of human rights.
To encourage the efforts of anyone working in the human rights field.
Violations of human rights include child labor, custodial death, violence against women and children, etc.

THE TOPIC FOR THE NEXT CLASS: STATUTORY BODIES (To be Continued)