Context: At a joint meeting recently, the National Commissions for Scheduled Castes, Scheduled Tribes, Other Backward Classes, and Minorities discussed “common issues” they faced, which included officials evading summonses and organisations refusing to follow recommendations by getting stay orders from courts.
Relevance of the topic:
Prelims: Facts about various National Commissions.
Mains: Challenges faced by National Commissions.
| Body | Nature | Functions | Powers |
National Commission for STs | Constitutional body | -Investigate and monitor all matters relating to the safeguards provided for the respective vulnerable sections under Constitution or under any other law and evaluate the working of such safeguards. -Inquire into any complaints with respect to the deprivation of rights and safeguards given to the respective vulnerable sections. -Advise the governments on matters relating to the socio-economic development of the respective sections. -Present the report on working of the safeguards provided to the respective vulnerable sections to the president, who in turn tables it in the parliament. | All these Commissions have all the powers of a Civil Court in respect of the summoning and enforcing the attendance of any person and requiring the production of any document in the process of investigation. |
| National Commission for SCs | Constitutional body | ||
| National Commission for Backward Classes | Constitutional body | ||
| National Commission for Women | Statutory body | ||
| National Commission for Safai Karamcharis | Non-statutory body |
Common Challenges faced by these Commissions:
- Non-Binding Recommendations: Despite having extensive investigative powers, the recommendations made by these commissions are not legally binding, limiting their effectiveness in enforcing necessary changes.
- Litigation Issues: These commissions often face legal challenges that can delay or nullify their operational effectiveness. For example, higher judicial bodies may issue stays on the commission's notices or directives, hampering their ability to address complaints effectively.
E.g., Recently, the National Commission for Scheduled Tribes highlighted issues with officials from the Tirumala Tirupati Devasthanams (TTD) who avoided responding to notices issued by the commission by obtaining a stay from a higher court.
- Inadequate Parliamentary Discussion: Even when reports are tabled in Parliament, they are frequently not discussed or acted upon, which diminishes the accountability and impact of the commissions’ findings.
- Political Appointments: The appointment processes for chairpersons and members can be influenced by political considerations, which may affect the impartiality and effectiveness of the commissions.
- Insufficient Resources: Many commissions face budgetary constraints and a lack of adequate staff to handle the increasing volume of complaints and reviews of welfare programs, limiting their capacity to function effectively.