IASbaba’s TLP 2023 Phase 2 – Day 13 Synopsis 2023

1. Discuss the process and criteria for the appointment of the Chief Election
Commissioner. How do the powers and functions of the Election Commission
contribute to the conduct of free and fair elections in India?

Approach
The answer should contain following points

 Introduction-Highlight the importance of the chief election commissioner and his

functions .
 Body-In body write about the power and functions of the election commission
 Conclusion -Conclude answer with stating importance of election commission and its
work.

Keywords -

 Election Commission Act, 1991.

 Model Code of Conduct.
 fair and impartial functioning.
 disciplining the political parties.
 free and fair election.

Introduction

The Election Commission of India (ECI) is a constitutional body. Article 324 of the
Constitution provides that the power of superintendence, direction, and control of
elections to parliament, state legislatures, the office of the president of India, and the
office of vice-president of India shall be vested in the election commission.

Body

The process and criteria for the appointment of the Chief Election Commissioner
(CEC) in India

 Eligibility: To be eligible for the position of CEC, a person must be a citizen of India.

Appointment Procedure:
 Article 324(2): The appointment of the CEC and other Election Commissioners
shall be made by the President, subject to the provisions of any law made in
that behalf by Parliament.
 The Law Minister suggests a pool of suitable candidates to the Prime Minister
for consideration. The President makes the appointment on the advice of the
PM.
 The President determines the conditions of service and tenure of office of the
Election.

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 New Procedure: Recently A five-judge bench of the Supreme Court (SC)

unanimously ruled that the appointment of the Chief Election Commissioner and
the Election Commissioners shall be made by the President on the advice of a
Committee consisting of the Prime Minister, the Leader of the Opposition of the
Lok Sabha and Chief Justice of India (CJI).
 In case no leader of Opposition is available, the leader of the largest opposition
Party in the Lok Sabha in terms of numerical strength will be a part of such
committee.
 Tenure: The CEC holds office for a term of six years or until the age of 65,
whichever is earlier.
 Independence: They cannot be removed from office except in the same manner
and on the same grounds as a judge of the Supreme Court.
 It's important to note that the specific qualifications or criteria for the
appointment of the CEC are not outlined in the Constitution of India.

Power and functions of election commission contribution to conduct of free and fair
elections in India .

 Conducting elections: The Election Commission has the authority to conduct

elections at various levels, including the Lok Sabha, State Legislative Assemblies,
and local bodies.
 It ensures that elections are held in a systematic and impartial manner, providing
equal opportunities to all political parties and candidates.
 For example, the Election Commission oversees the entire electoral process, from
voter registration to the declaration of results.
 Voter registration and verification: The Election Commission is responsible for
maintaining an accurate voter list and ensuring that eligible citizens are registered
to vote.
 It conducts extensive voter registration drives, updates the voter roll regularly,
and verifies the identity and eligibility of voters.
 As an example, the Election Commission introduced the Electors Photo Identity
Card (EPIC) to enhance the authentication of voters.
 Electoral boundaries and delimitation: The Election Commission delimits
constituencies to ensure fair representation and prevent malpractice such as
gerrymandering. It reviews and adjusts constituency boundaries periodically
based on demographic changes and population shifts.
 For instance, the Election Commission conducted delimitation exercises in various
states, such as West Bengal and Assam, to realign electoral boundaries after the
latest census data.
 Enforcement of the Model Code of Conduct: The Election Commission enforces
the Model Code of Conduct (MCC), which is a set of guidelines and rules that
govern the behavior of political parties and candidates during elections.
 It ensures that elections are conducted in a fair and peaceful manner, free from
any corrupt or unethical practices.

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 For example, the Election Commission takes prompt action against candidates
found violating the MCC, including issuing warnings, reprimands, and even
disqualifications.
 Oversight of campaign finance: The Election Commission regulates and monitors
campaign finance to prevent the misuse of money and resources during elections.
It sets limits on campaign expenses for candidates and political parties, and
ensures transparency in funding and expenditures.
 For instance, the Election Commission introduced the system of Electoral Bonds
to bring transparency to political funding by making it mandatory to disclose the
details of donors.
 Deployment of election observers: The Election Commission appoints
independent election observers to monitor the electoral process, especially in
sensitive constituencies.
 These observers ensure that elections are conducted fairly and without any undue
influence or malpractice. They report any violations or irregularities to the
Election Commission, which takes necessary actions to address the issues.
 For example, during the state elections in Uttar Pradesh, election observers were
deployed to ensure a smooth and impartial electoral process.
 Handling electoral disputes: The Election Commission adjudicates and resolves
electoral disputes and complaints. It acts as the final authority in matters related
to elections and has the power to disqualify candidates found guilty of electoral
malpractices.
 As an example, the Election Commission hears and decides on cases challenging
the validity of elections or alleging electoral misconduct, ensuring a fair and
transparent resolution.

Conclusion

The Election Commission of India (ECI) plays a vital role in upholding democratic
principles through free and fair elections. To safeguard its autonomy, structural
safeguards are urgently needed. The ECI not only oversees elections but also acts as a
dispute resolution system for political parties and the administration.

Value addition and facts / figures

Some Flaws in ECI

 The Constitution is silent about the procedure for removal of the two Election
Commissioners. It only provides for removal on the recommendation of the CEC.
 The Constitution has neither prescribed the qualification of the members of the ECI
nor specified the terms of the members of the ECI.
 The Constitution has not debarred the retiring election commissioners from any
further appointment by the government.
 Currently, the Executive enjoys the power to make appointments that affect the ECI's
independence and make the process of appointing election commissioners partial and
biased.

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2. Critically evaluate the role and effectiveness of the Comptroller and Auditor
General (CAG) in ensuring financial accountability of the government. How have
significant CAG reports influenced public discourse and policy decisions?

Approach
The answer should contain following points

 Introduction -Mention the significance and work of CAG .

 Body -In body part write about role of CAG to ensuring financial accountability.
 Conclusion -Conclude answer with stating brief impact of CAG reports.

Keywords

 Guardian of public funds.

 Scrutinize government financial transactions.
 Public-private partnerships (PPP) .
 Guide, friend and philosopher of the Public Accounts Committee.
 Implementation of the Sustainable Development Goals .

Introduction -

The Comptroller and Auditor General (CAG) is an independent constitutional office

established under Article 148 of the Indian Constitution. The CAG's primary
responsibility is to audit and examine the accounts of the central and state
governments, ensuring transparency and accountability in the use of public funds"

Body

I am of the opinion that this dignitary or officer is probably the most important officer
in the Constitution of India. He is the one man who is going to see that the expenses
voted by Parliament are not exceeded, or varied from what has been laid down by
Parliament in the Appropriation Act." —Dr. B.R Ambedkar"

Role and effectiveness of CAG in ensuring financial accountability

 CAG audits the accounts related to all expenditure from the Consolidated Fund
of India, Consolidated Fund of each state and UT’s having a legislative
assembly.
 He audits all expenditure from the Contingency Fund of India and the Public
Account of India as well as the Contingency Fund and Public Account of each
state.
 He audits all trading, manufacturing, profit and loss accounts, balance sheets
and other subsidiary accounts kept by any department of the Central
Government and the state governments.

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 He audits the receipts and expenditure of all bodies and authorities

substantially financed from the Central or State revenues; government
companies; other corporations and bodies, when so required by related laws.
 He audits the accounts of any other authority when requested by the President
or Governor e.g. Local bodies.
 He advises the President with regard to prescription of the form in which the
accounts of the Centre and States shall be kept.
 He submits his audit reports relating to the accounts of the Centre to the
President, who shall, in turn, place them before both the houses of Parliament.
 He submits his audit reports relating to the accounts of a State to the
Governor, who shall, in turn, place them before the state legislature.
 CAG also acts as a guide, friend and philosopher of the Public Accounts
Committee of the Parliament.

Challenges in the Effective Functioning of CAG

 In present times audits are getting complex because forms of corruption and
maladministration extremely difficult to detect.
 Besides the historic task of keeping a close watch on the Central and State
governments, CAG are now auditing several public-private partnerships (PPP)
projects.
 In this context CAG of India has suddenly landed in the midst of unprecedented
opportunity and challenge.
 No criterion or procedure has been prescribed either in the Constitution or in
the statute for the appointment of CAG.
 This has given the sole power to the executive to appoint a person of their
choice as the CAG. This goes against the international best practices prevalent
across the world.
 The CAG has the authority to inspect any Government office and to call for any
accounts. However, in practice, the supply of records is often denied.
 Moreover, usually inordinately delayed and more often than not, crucial
documents are supplied to the auditors at the end of the audit programme
with the sole objective of obstructing meaningful audit of those crucial
records.
 Though the Indian Constitution provides for a six-year term to the CAG, the cap
of 65 years of age has been reducing the actual terms of successive CAGs in
the recent times.
 Shorter tenure works as an impediment to the independent and proper
functioning of the institution due to lack of continuity of the leadership and
loss of expertise.
 Some of the audits of CAG in recent times have attracted criticism due to
exaggerated loss estimates or outlandish figures.
 To avoid such allegations CAG should follow rigorous standards so that the
integrity of audits is not affected by extraneous considerations.

Significant CAG reports that have influenced public discourse and policy decisions,

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 2G Spectrum Allocation (2010): The CAG report on the 2G spectrum allocation

brought to light alleged irregularities and favoritism in the allocation process,
estimating a loss of Rs. 1.76 lakh crore (approximately $26 billion). This report
had a significant impact on the telecom industry and led to investigations and
policy reforms.
 Coal Block Allocation (2012): The CAG report on coal block allocation
highlighted irregularities in the allocation process, estimating a loss of Rs. 1.86
lakh crore (approximately $28 billion). It triggered a major controversy and
scrutiny of the government's handling of natural resources, leading to policy
changes and legal actions.
 Commonwealth Games (2010): The CAG report on the Commonwealth Games
revealed various financial irregularities and mismanagement in the organizing
and execution of the event, which led to significant public outrage and calls for
accountability.
 Defence Procurement (2019): The CAG report on defense procurement
brought attention to issues such as delays, cost overruns, and substandard
quality in defence acquisitions. It fueled debates on defense modernization,
indigenous manufacturing, and the need for transparency and accountability
in defence deals.
 Performance Audit of the National Rural Health Mission (2011): This CAG
report examined the implementation of the National Rural Health Mission
(NRHM) and highlighted various shortcomings, including inadequate
infrastructure, insufficient funds utilization, and governance issues. It
influenced policy discussions on healthcare delivery in rural areas.
 Adarsh Housing Society Scam (2011): The CAG report on the Adarsh Housing
Society scam in Mumbai exposed the irregularities in allotment of apartments
meant for war widows and veterans. It led to widespread public outrage,
inquiries, and legal action against those involved.
 Delhi Airport Modernization (2011): The CAG report on the modernization of
Delhi airport revealed discrepancies in the revenue-sharing agreement
between the Airport Authority of India (AAI) and the private developer. It
prompted discussions on public-private partnerships and accountability in
infrastructure projects.

Conclusion

Thus CAG reports have played a crucial role in exposing financial irregularities,
promoting transparency, and influencing policy decisions in various sectors. These
reports have led to investigations, legal actions, and reforms, ultimately aiming to
ensure accountability, efficiency, and good governance.

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Value addition and facts / figures

Reform suggested by Vinod Rai, the former Comptroller and Auditor General of India

 Strengthening Financial Accountability: Enhancing financial accountability through

increased transparency, adherence to financial rules and regulations, and strict
enforcement of auditing standards.
 Performance Auditing: Emphasizing performance auditing alongside financial auditing
to evaluate the effectiveness, efficiency, and outcomes of government programs and
schemes.
 Technology-driven Auditing: Utilizing technology to improve the efficiency and
effectiveness of auditing processes, including the use of data analytics, automation, and
digitization.
 Preventing Corruption: Implementing measures to prevent corruption, such as
strengthening anti-corruption mechanisms, promoting ethical practices, and ensuring
effective checks and balances in public administration.
 Timely Audit Reports: Ensuring the timely submission of audit reports to enable prompt
action, decision-making, and accountability.
 Public Awareness and Engagement: Enhancing public awareness about the role and
importance of the CAG, promoting citizen engagement in auditing processes, and
encouraging public participation in the oversight of public finances.
 Strengthening the CAG's Independence: Safeguarding the independence of the CAG by
ensuring secure tenure, insulating the office from undue influence, and providing
adequate resources and powers to carry out its functions effectively.
 Collaboration with Stakeholders: Encouraging collaboration and cooperation between
the CAG, government agencies, and other stakeholders to foster a culture of
transparency, accountability, and continuous improvement."

3. Analyze the appointment process, powers, and responsibilities of the members

of the Union Public Service Commission. How does it maintain its autonomy while
performing its functions?

Approach
The answer should contain following points,

 Introduction -Highlight the Importance of UPSC and its functions.

 Body -In body part write about powers , responsibility of commission .
 Conclusion -Conclude with purpose of UPSC in brief .

Keywords

 Merit, impartiality, and fairness.

 Maintain the efficiency and integrity of the civil services.
 Enhancing the autonomy of the Commission.
 Transparent and Merit-Based Processes.

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Introduction -

The Union Public Service Commission (UPSC) established under Article 315 of the
Indian Constitution, is responsible for conducting examinations and selecting
candidates for civil services and government positions. the UPSC ensures fair and
merit-based recruitment.

Body

Appointment Process:
 The Chairman and members of the UPSC are appointed by the President of India.
 The appointment process involves consultation with the Union Public Service
Commission, but the final decision rests with the President.
 The Constitution of India provides for a minimum of 9 and a maximum of 11
members, including the Chairman.
 The Chairman and members hold office for a term of six years or until they attain
the age of 65, whichever is earlier.

Powers and Responsibilities:

 Conducting Examinations: The UPSC is responsible for conducting a range of
examinations, including the Civil Services Examination, Engineering Services
Examination, Combined Defense Services Examination, and many others. These
examinations serve as the basis for selecting candidates for various government
posts.
 Recruitment and Appointments: The Commission is responsible for making
appointments to All India Services (IAS, IPS, IFS) and Central Civil Services. It
assesses candidates' performance in the examinations, conducts interviews, and
recommends suitable candidates for appointment.
 Advising the Government: The UPSC advises the President and the Governors of
States on matters related to the appointment, transfer, promotion, and
disciplinary action of civil servants.
 Rule-Making and Regulations: The Commission has the power to make
regulations regarding conditions of service, conduct of examinations, and other
matters related to its functioning.
 Monitoring and Evaluating Performance: The UPSC monitors the performance of
civil servants and conducts inquiries into disciplinary matters. It recommends
appropriate actions, including disciplinary action, to maintain the efficiency and
integrity of the civil services.

UPSC Maintains its autonomy while performing its functions

 Constitutional Provisions: The UPSC is established under Article 315 of the
Constitution of India, which ensures its independence and autonomy. The
provisions of the Constitution provide the legal framework for the functioning of
the UPSC, safeguarding its autonomy from external interference.
 Appointment Process: The members of the UPSC, including the Chairman, are
appointed by the President of India. The process involves consultation with the
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UPSC but the final decision rests with the President. This appointment process
helps maintain the independence of the Commission from political or executive
influence.
 Security of Tenure: The Chairman and members of the UPSC have a fixed tenure,
serving for a term of six years or until they attain the age of 65, whichever is
earlier. This security of tenure ensures that they can perform their duties without
fear of arbitrary removal or political pressure, enhancing the autonomy of the
Commission.
 Transparent and Merit-Based Processes: The UPSC follows transparent and
merit-based procedures in conducting examinations, evaluating candidates, and
making recommendations for appointments. The selection process is designed to
assess candidates solely on the basis of their abilities, knowledge, and
qualifications, ensuring fairness and objectivity.
 Rule-Making and Regulations: The UPSC has the power to make regulations
regarding conditions of service, conduct of examinations, and other matters
related to its functioning. This authority allows the Commission to establish its
own rules and procedures, further strengthening its autonomy.
 Impartiality and Fairness: The UPSC is committed to upholding impartiality and
fairness in its operations. The Commission strives to ensure that its examinations
and selection processes are conducted without any bias or favoritism, maintaining
the integrity and credibility of its decisions.

Conclusion

It is important to recognize that no institution is entirely immune to external

influences. The effectiveness of the UPSC ultimately depends on the integrity and
commitment of its members and their adherence to established norms and principles.
Continuous efforts to reinforce its autonomy, transparency, and merit-based
approach are necessary to ensure the credibility and effectiveness of the UPSC in
fulfilling its mandate.

Value addition and facts / figures

Administrative Reforms Commission (ARC) recommendations

 Education and Entry: Establish a national institute for public administration and allow
graduates from other disciplines to appear in the Civil Services Examination after a
bridge course.
 Induction: Conduct induction of State Civil Services officers into IAS through a common
examination.
 Disciplinary Proceedings: Consult UPSC only for cases involving likely dismissal or
removal of a government servant.
 Training and Capacity Building: Mandatory training at induction and periodically, with
higher academic qualifications encouraged.
 Placement: Assign domains at the middle level, introduce competition for senior
positions, match tasks with competence at higher levels.
 Performance Management System (PMS): Make appraisal consultative and
transparent, expand it to a comprehensive PMS.
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 Motivating Civil Servants: Recognize outstanding work through national, state, and
district-level awards.

4. Discuss the role and functioning of the National Green Tribunal as a quasi-
judicial body. How has it contributed to environmental justice in India?

Approach
The answer should contain the following parts
 Introduction – Highlight about NGT as a quasi-judicial body to protect
environment law.
 Body – Explain and discuss role and functioning of NGT how it contributed to
environment protection and justice.
 Conclusion – Conclude on the note of how crucial institution NGT is in ensuring
environmental justice
Keywords
 Quasi-Judicial and Adjudicating disputes
 Independence and impartiality
 Natural resources, and sustainable development
 Speedy Resolutions and Environmental Laws

Introduction

The National Green Tribunal (NGT) is a specialized judicial body in India established
under the National Green Tribunal Act, 2010. It was formed with the objective of
effectively handling cases related to environmental protection, conservation of
natural resources, and sustainable development.

Body

Role and functioning of the NGT as a quasi-judicial body:

 Adjudicating disputes: The NGT has the authority to hear and decide cases
related to environmental issues and violations of environmental laws. It
functions similar to a court and has the power to pass judgments and issue
orders.
 Independence and impartiality: The NGT operate independently from the
executive branch of the government, ensuring impartiality in its decisions. It is
not subject to the administrative control of the central or state government.
 The NGT issued orders to regulate the use of firecrackers during Diwali to
reduce air pollution. It imposed restrictions on the sale and bursting of
firecrackers, specifying permissible noise levels and time limits. The NGT's
intervention aimed to balance cultural practices with environmental concerns.
 Legal proceedings: The NGT follows the principles of natural justice and
conducts legal proceedings in a manner similar to a court. It allows parties to
present their arguments, examines evidence, and delivers judgments based on
the merits of the case.

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 Expertise and technical knowledge: The NGT consist of both judicial and
technical members who possess specialized knowledge and experience in
environmental matters. This expertise enables the tribunal to make informed
decisions based on scientific evidence and environmental considerations.
 A case was filed with the NGT against a construction company for
indiscriminate dumping of construction debris into a river, resulting in water
pollution. The NGT, after examining the evidence and hearing arguments from
both sides, issued an order directing the company to halt the dumping, clean
up the river, and pay compensation to affected communities.
 Powers of a civil court: The NGT is empowered to summon witnesses, examine
documents, and enforce its orders. It has the authority to issue directions,
grant interim relief, award damages and compensation, and impose penalties
for non-compliance.
 Appellate jurisdiction: The NGT acts as an appellate body, hearing appeals
against orders and decisions of environmental authorities and regulatory
bodies. It reviews the legality and correctness of the decisions and provides
appropriate remedies.

The National Green Tribunal (NGT) has contributed to environmental justice in India
through:
 Accessibility: NGT provides an accessible forum for individuals and
organizations to address environmental issues, with simplified procedures and
reduced costs.
 For example, in the Vellore Citizens Welfare Forum v. Union of India case, the
NGT provided an opportunity for concerned citizens to raise grievances
regarding pollution caused by industries in the Vellore district.
 Speedy Resolutions: NGT ensures time-bound proceedings and quick
judgments, preventing further environmental degradation. Sterlite Industries
(I) Ltd. v. Union of India case, NGT swiftly intervened and ordered the closure
of a copper smelting plant in Thoothukudi, Tamil Nadu, following protests and
concerns about pollution and public health.
 Specialized Expertise: NGT comprises expert members who understand
complex environmental issues, assess scientific evidence, and make informed
decisions. For instance, in the Sukhdev Singh v. Union of India case, NGT's
expert panel investigated the impact of illegal sand mining in the state of
Punjab and recommended measures to regulate and mitigate its
environmental consequences.
 Enforcement of Environmental Laws: NGT has the power to enforce
compliance with environmental regulations, issuing orders, directives, and
penalties. In the Ganga Pollution case, NGT imposed fines on polluting
industries and directed authorities to take actions to clean the river and
prevent further pollution.
 Remedial Measures: NGT emphasizes the "polluter pays" principle, directing
responsible parties to undertake remedial actions to restore and compensate
for environmental damage.

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 NGT emphasizes the "polluter pays" principle. In the Art of Living Foundation
v. Union of India case, NGT imposed a substantial fine on an organization for
environmental damage caused during a cultural event and directed it to
undertake remedial measures to restore the Yamuna floodplains in Delhi.
 Public Participation: NGT encourages public engagement, allowing individuals
and organizations to present viewpoints, provide evidence, and participate in
legal proceedings.
 Precautionary Approach: NGT adopts a precautionary approach, considering
potential risks and impacts on the environment and public health even in the
absence of conclusive evidence.
 Salim Ali Bird Sanctuary case, NGT suspended construction activities near the
sanctuary to prevent potential harm to the fragile ecosystem, even in the
absence of definitive scientific evidence.

Conclusion

The NGT, aligning with the Sustainable Development Goal (SDG) 15 on Life on Land
and the Directive Principle of State Policy (DPSP) contained in Article 48A of the Indian
Constitution, has been instrumental in addressing environmental injustices,
protecting vulnerable communities and ecosystems, and promoting sustainable
development in India.

Value addition and Facts/Figures

Drawbacks of NGT

 The qualifications for a technical member are more favorable to bureaucrats

(especially retired) and to irrelevant technocrats.
 The Act is silent on provision that who is liable to pay compensation or cost of
damage to public health or environment. The MOEF state that it shall be
notified in rules but this substantial concern shall be included in act only not
on will of executive.
 The act has limited the jurisdiction of tribunal to “substantial question of
environment” i.e. situations where ‘damage to public health is broadly
measurable’ or ‘significant damage to environment’ or relates to ‘Point Source
of Pollution’.

5. Evaluate the role and effectiveness of statutory bodies like the National
Commission for Scheduled Castes in safeguarding the rights of vulnerable groups.
How have they influenced policy-making and implementation in the area of social
justice?

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Approach
The answer should contain the following parts
 Introduction – Give brief intro about NCSC and its working for vulnerable and
marginalized.
 Body – Highlight about the role of NCSC and its effectiveness as constitutional
bodies try to give varied examples. Also highlight its contributions in policy
makings.
 Conclusion – Conclude on how its existence and efforts contribute to the
ongoing pursuit of social justice.
Keywords
 Promoting social inclusion
 Discrimination, atrocities, or violations
 Bant Singh case and Hathras case
 Non-binding recommendations and Institutional confusion

Introduction

NCSC works towards eliminating discrimination, promoting social inclusion, and

protecting the rights and dignity of individuals belonging to the Scheduled Castes. The
Commission serves as a bridge between the SC communities and the government,
advocating for their interests, and promoting equitable opportunities for their
development.

Body

NCSC play a crucial role in safeguarding the rights of vulnerable groups in India:
 Role in Safeguarding Rights: It investigates complaints of discrimination,
atrocities, and violations of rights against SCs, and takes appropriate action to
address them. For example, intervention in the Hathras gangrape case in Uttar
Pradesh, India, in 2020.
 Promoting Social Justice: The NCSC plays a vital role in promoting social justice
by advocating for the rights, interests, and welfare of SCs. It works towards
ensuring equal opportunities, affirmative action, and inclusive policies for the
upliftment of SCs.
 Monitoring and Reporting: The commission conducts inquiries and
investigations into specific cases of discrimination, atrocities, or violations of
SC rights and prepares reports. For example, Bant Singh case, where the
commission intervened monitored and reported gaps in investigation and
sought justice for Bant Singh, a Dalit activist who was brutally attacked for
seeking justice for his daughter's rape.
 Outreach and Awareness: The commission conducts awareness programs,
workshops, and seminars to educate people about the rights and issues faced
by SCs.
 It plays a crucial role in sensitizing society and creating awareness about social
discrimination, caste-based violence, and the importance of equality and
inclusivity.
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Advantages of such bodies functioning:

 Suo moto Power: Some of these bodies are having Suo moto power that is
they can enquire on their own on proceedings. For example, NCSC, NCST,
NHRC, CIC etc can initiate proceedings on their cases based on reports from
media or their knowing of human rights violations of vulnerable sections.
 Lessen the burden of court: These bodies reduce the burden of judiciary which
is having huge number of pending cases.
 Expertise: Generally, members of the bodies have necessary expertise and
specialisation in the particular area which help immensely in cases. For
example, NCST in handling issues related to tribal rights violations.

Issues related to the role of National Commission for Scheduled Castes:

 Non-binding recommendations: NCSC's recommendations lack legal
enforceability despite investigating atrocities against Scheduled Castes.
 For example, in many high-profile cases of caste-based violence, the
Commission recommended action against the accused, but the government
did not take immediate action, resulting in delays in justice delivery.
 Irregularity in reporting: For instance, a report submitted by the Commission
in 2018 was tabled in Parliament in 2020, indicating a significant lag and
undermining the timely dissemination of crucial information.
 Limited suo motu cognizance: NCSC doesn't proactively initiate action without
a formal complaint, hindering its effectiveness in addressing systemic
discrimination.
 Government alignment: Instances of NCSC's recommendations aligning with
the government's position raise concerns about its impartiality.

Issues with respect to different such bodies:

 Toothless tiger(No Power to punish): Most of these bodies are
recommendatory in nature, like NHRC and CIC. They can’t even award
compensation or relief to the victims directly, but can only recommend. These
bodies also lack enforcement mechanism & compliance to rules.
 Institutional confusion and multiplicity: The presence of multiple bodies and
institutions for example addressing SC issues, including the NCSC, NHRC has
led to confusion regarding their respective roles and powers.
 Poor efficiency: People if not satisfied with the decisions of the body always
move to courts and hence low administrative efficiency and poor functioning
of quasi-judicial bodies further increase the burden on courts.

Conclusion

The National Commission on Scheduled Castes and related bodies have safeguarded
marginalised communities, but reforms are crucial to enhance effectiveness,
empower the marginalised, and achieve equitable progress.

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 IASbaba’s TLP 2023 Phase 2 – Day 13 Synopsis 2023

Value addition and Facts/Figures

Background:
 The National Commission for Scheduled Castes (NCSC) is a statutory body
established under the Constitution of India to safeguard and promote the
rights and welfare of Scheduled Castes (SCs), also known as Dalits.
 It was set up in 2004 as an outcome of the 89th Amendment Act, 2003. The
NCSC operates independently and acts as a vital mechanism for addressing
the socio-economic challenges faced by SCs.
 Article 338 of the constitution of India deals with this commission.

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