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LAXMIKANT: CHAPTER 66.3 SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES BY NANDINI MAHARAD
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TOPICS COMPONENTS OF SPECIAL PROVISIONS-CONTINUED LESSON
o 4. National Commissions for SCs and STs: o The President should set up a National Commission r the SCs to investigate all matters relating to the constitutional safeguards for the SCs and to report to him (Article 33x). o Similarly, the President should also set up a National Commission for the STs to investigate all matters relating to the Constitutional safeguards for the STs and to report to him (Article 338-A). o The President should place all such reports before the Parliament, along with the action takeh memorandum,
o Previously, the Constitution provided for a combined National Commission for sCs and STs. commission into two separabe bodies. The National Commission for SCs is also required to discharge The 9thAmendment Act of 20o3 bifurcated the combined similar functions with regard to the OBCs and the AngLo-Indian Community as it does with respect to the SCs. o in other words, the commission has to investigate all matters relating to the Constitutional and other Legal safequards for the 0BCs and the AngLo-Indian community and report to the President upon their uworking
o 5. Control of the Union over the Administration of Scheduled Areas and the Welfare of STs: o The President is required to appoint a commission to report on the administration of the scheduled areas and the welfare of the STs in the states. o He can appoint such a commission at any time but compulsorily after ten years of the commencement of the Constitution o Hence, a commission was appointed in the year 1960, o It was headed by U. N. Dhebar and submitted its report in 1961.
o After four decades, the second commission was appointed o It submitted its report in 2004. o Further, the executive power of the Centre extends to the in 2002 under the chairmanship of Dilip Singh Bhuria. giving of directions to a state with respect to the drawing up and execution of schemes for the welfare of the STs in the state.
o 6. Appointment of a Commission to Investigate the Conditions of BCs: o The President may appoint a commission to investigate the conditions of socially and educationally backward classes and to recommend the steps to improve their condition. Parliament, along with action taken memorandum. two commissions so far. The first backward classes - The report of the commission is to be placed before the o Under the above provision, the President has appointed commission was appointed in 1963 under the chairmanship of Kaka Kalelkar.
o It submitted its report in 1955. o But, no action was taken on it as the recommendations were considered to be too vague and impractical and also there was a sharp division among the members on the criterion of backwardness. o The second Backuward Classes Commission was appointed o It submitted its report in 198 o Its recommendations were also Lying unattended tilL 1990 when the V.P. Singh Government declared reservation of 27 percent government jobs for the 08Cs
o The Constitution has used various expressions tike socially and educationally backuward classes of citizens' in Article 16, 'backward class of citizens' in Article 16, 'weaker sections of the people' in Article 46 and again socially and educationally backward classes' in Article 340,