Important Commissions Of India – CLM, NCSC, NCST

Commission For Linguistic Minorities

This office came into being consequent on the introduction of Article 350-B by the Constitution Seventh Amendment Act, 1956. The President under provisions of this article appoints the Commissioner for Linguistic Minorities. Duties: He investigates all matters relating to safeguards provided for linguistic minorities in the Constitution and reports to President from time to time. The reports are laid before each House of Parliament. The Commissioner seeks information from the Union and State Governments and Union Territories, extensively tours and hears the grievances of the people and persuades the Government concerned to fully implement the safeguards.

National Commission For Scheduled Castes And Scheduled Tribes

The National Commission for Scheduled Castes and Scheduled Tribes is a constitutional body established under Article 338 of the Constitution. It was established by the 65th Amendment Act of 1990 which came into force in 1992. The Commission consists of a Chairman, a ViceChairman and five 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. The functions of the Commission are 1. To investigate and monitor all matters relating to the constitutional and other legal safeguards for the SCs and STs and to evaluate their work. 2. To inquire into specific complaints concerning the deprivation of rights and safeguards of the SCs and STs. 3 To participate and advise on the planning process of socio-economic development of the SCs and STs and to evaluate the progress of their development under the Union or a state.

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 SCs and STs and To discharge such other functions concerning the protection, welfare and development and advancement of the SCs and STs as the President may specify. The Commission is also required to discharge similar functions concerning the Other Backward Classes ( OBCs) and the Anglo-Indian Community as it does concerning the SCs and STs. In other words, the Commission has to investigate all matters relating to the constitutional and other legal safeguards for the OBCs and the Anglo-Indian Community and report to the President upon their working. The Commission presents an annual report to the President and the President shall place the report before the Parliament.

Election Commission

The biggest revolution since the Independence of the country was the adoption of a universal adult franchise for elections to the Lok Sabha and the Legislative Assemblies of the State. In a newly independent country, it was an act of faith for the founding fathers to give a vote to every citizen who was not less than 21 years of age (since reduced to 18) and not otherwise disqualified under any law on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice (Article 326).

Article 324 provides for an Election Commission to superintend, direct and control all elections to Parliament and the State Legislatures and the offices of the President and the Vice-President. The Election Commission shall consist of the Chief Election Commissioner and several other Election Commissioners, if any, as the President may from time to time fix.

When any other Election Commissioners are appointed, the Chief Election Commissioner shall act as the Chairman. In October 1993 two Election Commissioners were appointed and by an ordinance given the same position and status as the Chief Election Commissioner. Also, the Commission was required to act as a body taking decisions unanimously or by the majority. Article 324 also provides for the appointment of Regional Commissioners at the time of General Elections after consultation with the Chief Election Commissioner.

The Chief Election Commissioner cannot be removed from his office except in the like manner and on like grounds as a Judge of the Supreme Court and the conditions of his service cannot be varied to his disadvantage after his appointment. Other Election Commissioners, if any, can be removed only on the recommendation of the Chief Election Commissioner.

Article 325 lays down that there shall be one general electoral roll for every territorial constituency for election to either House of Parliament or the preparation of electoral rolls, the delimitation of constituencies and all other matters “necessary for securing the due constitution of such Houses”. Article 328 confers powers on State Legislatures to make laws relating to elections to such Legislature.

Article 329 seeks to bar interference by courts in electoral matters including (i) the validity of any law relating to the delimitation of constituencies or the allotment of seats under article 327 or 328 and (ii) election to either House of Parliament or a State Legislature. The latter can be questioned only by an election petition presented to such authority and in such manner as may be provided by law by the concerned legislature. Under the Representation of the People Act, the power to decide election disputes vests in the High Courts with a right of appeal to the Supreme Court. Disputes relating to the election of the President or Vice-President are, however, to be settled by the Supreme Court.

Check out these notes on Important Commissions Of India – UPSC.

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