Which one of the following statements with regard to the National Commission for Scheduled Tribes is not correct?
All the reports of the Commission and its recommendations shall be laid only before Lok Sabha.
Understanding the National Commission for Scheduled Tribes (NCST)
The question asks us to identify the incorrect statement among the given options regarding the National Commission for Scheduled Tribes (NCST). This commission is a constitutional body in India, established under Article 338A of the Constitution, to safeguard the interests of Scheduled Tribes (STs).
Analyzing the Statements on the NCST
Let's examine each statement carefully to determine its accuracy concerning the National Commission for Scheduled Tribes:
- Statement 1: The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.
This statement is correct. Article 338A(9) of the Constitution mandates that the Union and every State Government consult the Commission on all major policy matters concerning Scheduled Tribes.
- Statement 2: All the reports of the Commission and its recommendations shall be laid only before Lok Sabha.
This statement is incorrect. According to Article 338A(6), the Commission submits its reports to the President. The President then causes these reports to be laid before each House of Parliament (Lok Sabha and Rajya Sabha). Furthermore, any report or part of a report relating to a state is sent to the Governor of that state, who lays it before the state legislature. Therefore, the reports are not laid only before the Lok Sabha.
- Statement 3: The Commission, while investigating any matter, has all the powers of a Civil Court.
This statement is correct. Article 338A(8) grants the National Commission for Scheduled Tribes the powers of a civil court trying a suit when investigating any matter or inquiring into any complaint relating to the deprivation of rights and safeguards of the Scheduled Tribes.
- Statement 4: The Commission has the power to regulate its own procedures.
This statement is correct. Article 338A(8) states that the Commission shall have the power to regulate its own procedure.
Conclusion on the Incorrect Statement
Based on the analysis of each statement in light of the constitutional provisions regarding the National Commission for Scheduled Tribes, Statement 2 is the one that is not correct. The reports of the National Commission for Scheduled Tribes are laid before both Houses of Parliament, and relevant reports are also laid before state legislatures, not solely the Lok Sabha.
Summary of NCST Reporting Process
The reporting mechanism of the National Commission for Scheduled Tribes is a key function:
- The Commission presents its reports to the President of India.
- The President places these reports before both the Lok Sabha and the Rajya Sabha.
- Reports concerning a specific state are also sent to the Governor of that state.
- The Governor then lays the state-specific report before the state legislature.
- The report includes recommendations, and the government must explain reasons if any recommendations are not accepted.
| NCST Function/Power | Constitutional Basis (Article 338A) | Status in Question |
|---|---|---|
| Consultation on Policy | Article 338A(9) | Statement 1 (Correct) |
| Reporting Mechanism | Article 338A(6) | Statement 2 (Incorrect) |
| Civil Court Powers | Article 338A(8) | Statement 3 (Correct) |
| Regulating Procedure | Article 338A(8) | Statement 4 (Correct) |
Therefore, the statement claiming reports are laid *only* before Lok Sabha is inaccurate regarding the National Commission for Scheduled Tribes.
Revision Table: Key Aspects of NCST
| Aspect | Details |
|---|---|
| Establishment | Constitutional body under Article 338A |
| Mandate | Investigate and monitor matters relating to safeguards for Scheduled Tribes; inquire into specific complaints; participate in planning socio-economic development. |
| Reports | Annual reports to the President; special reports as needed. Reports submitted to President, laid before both Houses of Parliament. State-specific reports sent to Governor and laid before state legislature. |
| Powers | Powers of a civil court for investigations (summoning witnesses, requiring production of documents, etc.); regulating its own procedure. |
| Consultation | Union and State Governments must consult on major policy matters affecting STs. |
Additional Information: National Commissions in India
India has several National Commissions established by the Constitution or by acts of Parliament to protect and promote the rights of specific sections of society or address particular issues. Some examples include:
- National Commission for Scheduled Castes (Article 338)
- National Commission for Scheduled Tribes (Article 338A)
- National Commission for Backward Classes (Article 338B)
- National Human Rights Commission (Statutory Body)
- National Commission for Women (Statutory Body)
- National Commission for Protection of Child Rights (Statutory Body)
These commissions play a vital role in monitoring the implementation of safeguards, investigating violations, and making recommendations to the government. Understanding the specific powers, functions, and reporting mechanisms of each commission, like the National Commission for Scheduled Tribes, is important for comprehensive knowledge of Indian polity and governance.
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