AK

Aryan Kumar SinghAIR 104· 2929

Question 3EvaluateGS2GS2

Evaluate the effectiveness of the National Commission for Scheduled Castes in safeguarding the interests of the Scheduled Castes in India. (Answer in 150 words)

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AnswerStrengthsGapsKeywords

Introduction

Article 338 establishes National Commission for Schedule Caste as the Supreme constitutional body to protect the interest of SCs. Parliamentary Committees are established through Article 105 and Article 118 of the constitution.

32 words

Main Body

3Central power to deploy forces in States held necessary by SC to ensure Law and Order.

B) Regional autonomy

1SR Bommai case - Federalism as a key feature of Basic Structure.
2Govt of NCT Delhi v/s UOI Case - Protected the autonomy of Delhi legislature by mandating LG to act on its aid and advice.
3Issuing guidelines for increasing President's rule (356) - Reduced by half since then.

However, more needs to be done to ensure cooperation.

a) Permanent Inter State Council.

b) Considering genuine demands for autonomy - Sarkaria commission. Eg Ladakh.

Article 338 establishes National Commission for Schedule Caste as the Supreme constitutional body to protect the interest of SCs.

Effectiveness

1Reports to the President regarding condition of SCs in the country.
2Powers of a civil court / summon / search.
3Oversees the demand for reservation from different categories of SCs.
4Acts as the conscience keeper against crimes committed against SC. Eg Manual Scavenging.
5Suggested various legal reforms

Eg National Safai Karamchari amendment act. (finance commission).

However there are a few challenges:

1Lack of trained and effective workforce.
2Only advisory jurisdiction.
3Cannot enforce various laws.
4Cannot give punishments, Penalties.
5Overlapping jurisdiction - NCST, NCBC.

Way ahead

1Independent funding mechanism.
2Taking actions over its report.
3Looking into subcategories of SC.

This can ensure that Ideals of A.46 and A.38 are upheld.

Parliamentary Committees are established through Article 105 and Article 118 of the constitution.

Types: Permanent (Eg Public Accounts Committee) and Adhoc (Eg Enquiry Committee).

They have ensured Executive accountability:

1Their meetings are held closed door - openly criticize executive.
2Reformed various technical bills. Eg Surrogacy rules, MTP act, etc.
3Ensure financial accountability of Executive. Eg Exposing 2G Scam.
4Anti defection law do not apply to them - more autonomy.

However, they suffer from following Issues

1Recommendations 'not binding'.
2During 2021 Monsoon session, 10/12 bills passed without reference.
3Ministers often influence closed door meetings.
41 year tenure is less to have specialisation.

Way ahead

1Following UK Model - open door meetings.
2Executive must give reasons for not accepting its recommendations.
3Mandatory reference of bills.
4Tenure should be increased to 2 years.

This can ensure dual check to uphold the spirit of democracy.

392 words11 paragraphs

Conclusion

However, more needs to be done to ensure cooperation - Permanent Inter State Council, Considering genuine demands for autonomy as per Sarkaria commission, Eg Ladakh. This can ensure that Ideals of A.46 and A.38 are upheld. This can ensure dual check to uphold the spirit of democracy.

47 words

Diagram

Diagram showing Types of Parliamentary Committees branching into Permanent and Adhoc

This is a continuation from previous page
  • Balanced discussion covering both centralization and autonomy
  • Way forward suggested with concrete measures
  • Clear enumeration of powers and functions
  • Relevant example of manual scavenging
  • Way ahead suggestions provided
  • Linked to constitutional articles in conclusion
  • Good examples of committee reforms
  • Clear diagram of types
  • Current affairs example of 2021 Monsoon session
  • Concrete way ahead suggestions with comparative UK model

Open original scan

Page 11

Topper

Aryan Kumar Singh

AIR 1042929

Subject & Paper

GS2GS2

Topic

Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances

Federalism

Asymmetric Federalism and Judicial Interpretation

Writing Stats

471

Total words

11

Paragraphs

structured, point-wise with diagram

Tone