Understanding Constitutional Commissions in India

In India, various commissions and bodies are established to address specific issues and protect the rights of different sections of society. These bodies can be classified based on their origin and powers.

• Constitutional Bodies: These are bodies whose establishment and functions are directly mentioned in the Constitution of India. They derive their power and authority directly from the Constitution. Examples include the Election Commission, Union Public Service Commission, and certain National Commissions.
• Statutory Bodies: These bodies are created by an Act passed by the Parliament or a State Legislature. Their powers and functions are defined by the respective Act. Examples include the National Human Rights Commission, National Green Tribunal, and some National Commissions.

The question asks to identify the body among the given options that is not a Constitutional Commission of India. This means we need to examine the origin of each commission listed.

Analyzing National Commissions and Their Status

Let's look at the status of each commission provided in the options:

The National Commission for Scheduled Castes (NCSC)

This commission is a Constitutional body. It was initially established under Article 338 of the Constitution to safeguard the interests of Scheduled Castes (SCs). The 89th Constitutional Amendment Act, 2003, bifurcated the original National Commission for Scheduled Castes and Scheduled Tribes into two separate commissions.

The National Commission for Scheduled Tribes (NCST)

Following the bifurcation, the National Commission for Scheduled Tribes was established as a separate Constitutional body under Article 338A of the Constitution. It focuses on the protection, welfare, and development of Scheduled Tribes (STs).

The National Commission for Backward Classes (NCBC)

Initially, the National Commission for Backward Classes was a statutory body created by the National Commission for Backward Classes Act, 1993. However, the 102nd Constitutional Amendment Act, 2018, granted constitutional status to the NCBC and inserted Article 338B into the Constitution. Therefore, the NCBC is now a Constitutional body.

The National Commission for Women (NCW)

The National Commission for Women was set up as a statutory body in 1992 under the National Commission for Women Act, 1990. Its mandate is to review the constitutional and legal safeguards for women, recommend remedial legislative measures, facilitate redressal of grievances, and advise the government on all policy matters affecting women.

Comparing Status

Based on the analysis above, we can see the status of each commission:

• The National Commission for Scheduled Castes: Constitutional (Article 338)
• The National Commission for Scheduled Tribes: Constitutional (Article 338A)
• The National Commission for Backward Classes: Constitutional (Article 338B)
• The National Commission for Women: Statutory (National Commission for Women Act, 1990)

The question asks which one is not a Constitutional Commission. From the list, the National Commission for Women is a Statutory body, not a Constitutional one.

Conclusion on Constitutional Commission Status

Among the options provided, the National Commission for Women is the only one that is not a Constitutional Commission of India. It is a Statutory Body established by an Act of Parliament.

Revision Table: National Commissions Status

Additional Information on Constitutional vs. Statutory Bodies

Understanding the difference between Constitutional and Statutory bodies is crucial for comprehending the Indian administrative and legal framework.

• Source of Power: Constitutional bodies derive power directly from the Constitution, making them fundamental parts of the governmental structure. Statutory bodies derive power from a specific law passed by the legislature.
• Amendment: Amending the structure, powers, or functions of a Constitutional body usually requires a Constitutional Amendment, which is a more complex process. Changes to a Statutory body can be made by amending the respective Act of Parliament or State Legislature, which is generally simpler.
• Significance: Constitutional bodies are often considered more significant and enjoy a higher degree of autonomy and protection as their existence and roles are enshrined in the supreme law of the land.

The National Commission for Women serves as an example of how the government addresses important social issues through legislative action when a matter might not require or initially receive direct mention in the Constitution.