Scheduled Areas And Special Classes Management In India Flashcards
Schedule and tribal area
5th and 6th schedules:
Protection of cultural distinctiveness of tribes
Article 244 in part 10 of the constitution:
Envisages a special system of administration for schedule areas and tribal areas
It provides protection to the tribals on account of their socio economic disadvantages
So that they could maintain their tribal identity without any exploitation
Schedule area has more than 50% of tribal population (5th schedule)
6th schedule:
The constitution of India administers the tribal areas in four states of Assam, Tripura, Mizoram, Meghalaya
These areas are different from the areas and fifth schedule
The 6th schedule provides for the formation of autonomous districts and autonomous regions within the districts as there are different scheduled Tribes within the district
Difference between the 5th and the 6th schedule areas:
5th schedule: The executive powers of the union extend in schedule areas with respect to their administration. It envisages the creation of tribal advisory councils.
6th schedule: Areas remain within executive authority of the state. It provides for the district councils and regional councils with certain legislative and judicial powers.
Members of autonomous councils
Consisting of maximum 30 members
Maximum 4 members shall be nominated by the governor
The rest shall be elected on the basis of adult suffrage
The Bodoland territorial council has 46 members
There are 10 such councils in the regions as listed below:
In Assam:
The boroland territorial council
Karbi anglong autonomous council
Dima hasao autonomous district council
In Meghalaya:
Garo hills autonomous district council
Jayantiya hills autonomous district council
Khansi hills autonomous district council
In Tripura:
Tripura tribal areas autonomous district council
In Mizoram:
Chakma autonomous district council,
Lai autonomous district council,
Marak autonomous district council
Legislative power of the 6th schedule councils
The district councils and regional councils have the power to make laws on certain matters of local importance
They are: modes of transport (roads, bridges, fairies), animal husbandry, veterinary training and practice), primary and secondary education, agriculture including farm Research and education, fisheries and social security and social insurance
The Bodoland territorial council has been given more powers. And it is capable of making laws on virtually all subjects of local interest. However all these laws need the assent of the governor. The governor may keep some of these laws for the consideration of the president.
Judicial power of the 6th schedule councils
The councils have also been endowed with wide civil and criminal justice powers, for example establishing village courts
However the jurisdiction of these councils is subject to the jurisdiction of the concerned High courts
National Commission for schedule caste
It is a constitutional body established by the article 338
It is a statutory body
National Commission for women, 1992
National Commission for minorities, 1993
National Commission for backward classes, 1993
National human rights Commission, 1993
National Commission for the protection of child rights, 1993
Originally the article 338 of the constitution allowed for there to be a special officer for the SCs and STs to investigate all matters relating to the constitutional safeguards for the schedule caste and schedule tribes
They had to report to the president on their workings
He was designed as a commissioner for the scheduled castes and scheduled tribes
In 1978 through a resolution they set up a non statutory multi member body.
In 1987 to another resolution there was a modification to the functions of the commission and renamed it as the National Commission for scheduled caste and schedule tribes
According to the 65th constitutional amendment Act of 1990, a multi member National Commission for schedule caste and schedule tribes was established
It replaced the commissioner for schedule caste and schedule tribes
In 2003 the 89th constitutional amendment act was passed
Function of the NCSC
To investigate and monitor all matters relating to the constitution and other legal safeguards for the STs in respect to the deprivation of rights an advise them on the planning process of socio economic development of STs. They also evaluate the progress of the development under the union or state. Reports upon the working of those safeguards are presented to the president annually. For the protection, welfare, development and advancement of the schedule tribes, the president may specify that the president of the NCSC presents all search reports before the president. The president also forwards any report of the commission pertaining to a state government to the State governor. The governor places it before the state legislature.
Powers of the NCSC:
Commission has all powers of civil Court
Summoning and enforcing the attendance of any person from any part of India
Requisitioning any public records from any Court or office
Issuing summons for the examination of witness and documents
Any other matter which the president may determine
Central Government and the state government are required to consult the Commission on all major policy matters affecting the Supreme court
Commission has to investigate all matters relating to the constitutional and other legal safeguards for the OBCs and Anglo Indian community
Report to the president upon their working
Beginning
Originally article 338 provided for a special officer for SCs and STs, to investigate all matters relating to the constitutional safeguards for the them and report to the president on their working. He was designated as a commissioner for SCs and STs.
In 1978, through a resolution, they set up a non statutory multi member office + kept the commissioner of SCs and STs.
In 1987, through another resolution, they modified the functions of the commission and renamed it as the National Commission for SCs and STs
According to the 65th constitutional amendment Act of 1990, establishment for a multi member body, National Commission for SCs and STs, replacing the commissioner for National Commission for SCs and STs and the commission set up under the resolution of 1987
According to 89th constitutional amendment Act of 2003, it was further bifurcated into two separate bodies, NCSC (under article 338, since 2004) and NCST (under article 338A).
National Commission for STs
Geographically and culturally, STs are different from SCs
In 1999, a ministry of tribal Affairs was set up. Its focus was on the welfare and development of the STs
Not feasible for the ministry of social justice and empowerment to perform the role
It was to safeguard the interest of the STs more effectively
This was done by passing the 89th constitutional amendment Act of 2003
It amended the article 338 bye inserting a new article 338A in the constitution
It is a separate National Commission for STs since 2004
It consists of a chair person, a vice chairperson and three other members
Appointed by the president by warrant under his hand and seal
Their conditions of service and tenure of office also determined by the president
Functions of NCST
All matters relating to the constitutional and other legal safeguards for STs
Respect to the deprivation of rights
Advice on the planning process of social economic development of STs
Evaluate the progress of their development under the union or state
Reports on the working of those safeguards to the President, annually
The presidenct places such reports before parliament. He can also forward any report from the commission pertaining to a state govt to the state governor, who placed it before the state Legislature
Protection, welfare, development and advancement of STs (functions of NCST specified by President in 2005)
Rules on:
Ownership rights in respect of minor forest produce to STs living in forest areas
Safeguard rights of tribal communities over mineral resources, water resources, etc
Work for more viable livelihood strategies
Efficacy of relief and rehabilitation measure for tribal groups displaced
Cooperation and involvement of tribal communities for protecting forests
Full implementation of the provisions of panchayats and the extension to scheduled areas act of 1996
Reduce and ultimately eliminate the practice of shifting cultivation by tribals
Powers of NCST
Commission has all powers of civil Court
Summoning and enforcing the attendance of any person from any part of India
Requisitioning any public records from any Court or office
Issuing summons for the examination of witness and documents
Any other matter which the president may determine
Central Government and the state government are required to consult the Commission on all major policy matters affecting the Supreme court
Commission has to investigate all matters relating to the constitutional and other legal safeguards for the STs
Report to the president upon their working
Special officers for linguistic minorities
Linguistic minority is a group of people whose mother tongue is different from that of the majority in the state or part of a state
Linguistic minority is a determined on a state wise basis
National Commission for religious and linguistic minorities, also called the Ranganath Mishra Commission was constituted by government on 29th October 2004, to look into various issues related to linguistic and religious minorities in India
6 religious communities are Muslims, Christians, Buddhists, Sikhs, zoroastrians and jains have been notified as minority community under the section 2 (C) after National Commission for minorities act of 1992
It was shared by the former CJI, justice Ranganath Mishra
The commission submitted the report to the government on 21st may 2007
Ranganath Mishra was the 21st CJI of Supreme Court from 25th September 1990 to 24th November 1991. He was also the first chairman of the National human rights Commission of India.
Background
Originally in constitution there was no provision for a special officer in the linguistic minorities
Then the state reorganisation Commission (1953-55) made recommendation in this regard
Provisions should be made for a special officer for linguistic minorities appointed by the president
His duty is to investigate all the matters related to the safeguards provided for the linguistic minorities under the constitution
His report is sent to the President who places such reports before each houses of the Parliament and then sends into the governor of the states concerned
The constitution does not specify the Qualifications, tenure, salaries, allowances, service conditions or procedure for removal
Provisions for article 350B:
Office of special officer for linguistic minorities was created in 1957, with a commissioner for linguistic minorities. The headquarter was in Allahabad, UP.
Regional offices were in Belgaum, Chennai and Kolkata. Headed by the assistant commissioner.
Commissioner was assisted at the headquarter by the deputy commissioner and an assistant commissioner
He maintains liaison with the state government and union territories
At the Central level, the commissioner falls under the ministry of minority affairs. And so he submits an annual report or any other report to the president through the union minority affairs.
Functions
To investigate all matters related to safeguards provided to the linguistic minorities
The submit to the President of India reports on the status of the implementation of the constitutional and nationally agreed safeguards for the linguistic minorities
To monitor implementation, questionnaires, visits, conferences, seminars, meetings and review mechanism.
Objectives
To provide equal opportunities to the linguistic minorities for inclusive development and national integration
To spread awareness amongst linguistic minorities about the safeguards available to them
To ensure effective implementation of safeguards provided for the linguistic minorities in the constitution in other safeguards agreed to, by the states and union territories
To hell the representation for redress of grievances related to the safeguards for the linguistic minorities
