SHIKHAR Mains 2023 Day 10 - Model Answer - English

Updated : 17th Jun 2023

Q1: राष्ट्रीय पिछड़ा वर्ग आयोग के कार्यों और शक्तियों की चर्चा कीजिए।

Discuss the functions and powers of National Commission of Backward classes. (8 Marks)

Approach:

Give brief introduction about the formation of NCBC.
Write about the functions and powers of the NCBC.

Answer:

The National Commission for Backward Classes (NCBC) was set up in 1993 according to the direction of Supreme Court in the Mandal Case Judgement.

Later, the 102nd Amendment Act of 2018 conferred a constitutional status on the Commission. For this purpose, the amendment inserted a new Article 338-B in the constitution.

Hence, the Commission ceased to be a statutory body and became a constitutional body.

Composition- The Commission 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 also determined by the President

Functions of the National Commission for Backward Classes (NCBC)-

The functions of the Commission are the following:

To investigate and monitor all matters relating to the constitutional and other legal safeguards for the socially and educationally backward classes and to evaluate their working.
To inquire into specific complaints with respect to the deprivation of rights and safeguards of the socially and educationally backward classes.
To participate and advise on the socioeconomic development of the socially and educationally backward classes and to evaluate the progress of their development under the Union or a state.
To present to the President, annually and at such other times as it may deem fit, reports upon the working of those safeguards.
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 the protection, welfare and socio-economic development of the socially and educationally backward classes.
To discharge such other functions in relation to the protection, welfare, development and advancement of the socially and educationally backward classes as the President may specify.

Powers of National Commission of Backward Classes (NCBC)-

The Commission is vested with the power to regulate its own procedure.

The Commission, 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:

Summoning and enforcing the attendance of any person from any part of India and examining him on oath
Requiring the discovery and production of any document
Receiving evidence on affidavits
Requisitioning any public record from any court or office
Issuing summons for the examination of witnesses and documents
Any other matter which the President may determine.

Q2: राष्ट्रीय मानवाधिकार आयोग की संरचना और कार्यों की व्याख्या कीजिए। साथ ही इसकी सीमाओं की भी चर्चा कीजिए।

Explain the composition and functions of the National Human Rights Commission. Also discuss its limitations. (12 Marks)

Approach-

In introduction, provide a brief background of NHRC.
Then give composition of the commission.
Further provide functions and limitations of NHRC.
Conclude with highlighting the importance of NHRC and way to strengthen it.

The National Human Rights Commission is a statutory (and not a constitutional) body. It was established in 1993 under a legislation enacted by the Parliament, namely, the Protection of Human Rights Act, 1993.

The commission is the watchdog of human rights in the country, that is, the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the international covenants and enforceable by courts in India.

Composition of NHRC-

The commission is a multi-member body consisting of a chairperson and five members. The chairperson should be a retired chief justice of India or a judge of the Supreme Court and members should be a serving or retired judge of the Supreme Court, a serving or retired chief justice of a high court and three persons (out of which atleast one should be a woman) having knowledge or practical experience with respect to human rights.
In addition to these full-time members, the commission also has seven ex-officio members- the chairpersons of the National Commission for Minorities, the National Commission for SCs, the National Commission for STs, the National Commission for Women, the National Commission for BCs and the National Commission for Protection of Child Rights and the Chief Commissioner for Persons with Disabilities.
The chairperson and members are appointed by the president on the recommendations of a six-member committee consisting of the prime minister as its head, the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, leaders of the Opposition in both the Houses of Parliament and the Central home minister.
The chairperson and members hold office for a term of three years or until they attain the age of 70 years, whichever is earlier. They are elligible for re-appointment. After their tenure, the chairperson and members are not eligible for further employment under the Central or a state government.

Functions of NHRC-

The functions of the Commission are:

To inquire into any violation of human rights or negligence in the prevention of such violation by a public servant, either suo motu or on a petition presented to it or on an order of a court.
To intervene in any proceeding involving allegation of violation of human rights pending before a court.
To visit jails and detention places to study the living conditions of inmates and make recommendation thereon
To review the constitutional and other legal safeguards for the protection of human rights and recommend measures for their effective implementation.
To review the factors including acts of terrorism that inhibit the enjoyment of human rights and recommend remedial measures.
To study treaties and other international instruments on human rights and make recommendations for their effective implementation.
To undertake and promote research in the field of human rights.
To spread human rights literacy among the people and promote awareness of the safeguards available for the protection of these rights.
To encourage the efforts of nongovernmental organisations (NGOs) working in the field of human rights.
To undertake such other functions as it may consider necessary for the promotion of human rights.

Limitations of NHRC

NHRC does not have any mechanism of investigation. In majority cases, it asks the concerned Central and State Governments to investigate the cases of the violation of Human Rights
NHRC can only make recommendations, without the power to enforce decisions.
A large number of grievances go unaddressed because NHRC cannot investigate the complaint registered after one year of incident.
Government often out rightly rejects recommendation of NHRC or there is partial compliance to these recommendations.
State human rights commissions cannot call for information from the national government, which means that they are implicitly denied the power to investigate armed forces under national control.
National Human Rights Commission powers related to violations of human rights by the armed forces have been largely restricted.
People from political background are represented in the selection committee of the chairperson and members of the commission, due to which there is a possibility of conflict of interest. Apart from this, the criteria of appointment are not clearly mentioned.

No person, government or authority has the right to restrict or limit the use of human rights. Everyone enjoys these rights equally irrespective of caste, creed, race, sex, culture, social and economic status.

Showing the importance of human rights and the issues related to its violation, effective steps should be taken continuously for its protection in India and making the National Human Rights Commission more empowered will be an important step in the chain of such measures.