Citizenship:

● A citizen is a participatory member of a political community.

● This citizenship ensures rights and duties to the participants.

Jus Soli/ Jus Sanguinis:

● The Jus Soli idea is based upon “ Son of Soil”.
● And the Jus Sanguinis is based upon the idea of “Blood Relationship”.

Jus Soli:
● It means that a citizen has a birthright in the territory.
● It means citizenship has been given as a birthright.

Jus Sanguinis:
● It means that the citizenship had been conferred upon a person based upon his/her parent’s identity.

Article 5:
● It talks about giving citizenship to a person born in the territory of India.
● Either parent born in India, residing in India for at least five years before the commencement of the
Constitution.

Article 6:
● Any person who migrated to India from Pakistan before 19 July 1948 and was born in erstwhile India will be an
Indian citizen.

Article 7:
● People who migrated after 19 July 1948 were given citizenship by registration provided he has spent six months
in India before applying for citizenship.

Article 7:
● This deals with the people who migrated to Pakistan in 1947 and came back after 19th July 1948.

Important Cutoff dates to remember:

Article 8:
● Any person, whose
parents/grandparents were born in undivided
India can seek citizenship.

Article 9:
● A citizen voluntarily giving up citizenship by
acquiring citizenship of another country, Section 9(2) of
the Citizenship Amendment Act 1955 will apply.

Article 11:
● It talks about the Parliament’s power to regulate
citizenship by law, (for example Citizenship Act 1955).

Citizenship Act 1955:

1
 ● It talks about seven kinds of citizenship by:
○ Birth
○ Descent
○ Registration
○ Marriage
○ Naturalization
○ Incorporation of foreign territory
○ Citizenship Amendment Act

By Birth:
● Anybody born between 26th Jan 1950 and 1st July 1987, a person is an Indian citizen irrespective of parent’s
nationality.
● A person is determined as a citizen of India only when one of the parents is Indian and another parent is not an
illegal migrant. (hence, Jus Soli is always above Jus Sanguinis).

By Descent:
● A person born outside India to an Indian parent, then the birth must be registered within one year with Indian
government authorities.

By Registration:
● A person can apply for citizenship to registration on the following grounds:
➢ Living in India for seven years.
➢ Married to an Indian citizen.
➢ Minor children whose parents are Indian citizens.
➢ Adults, whose parents are registered citizens.
➢ OCI card holder for five years and living in India for twelve months.

Citizenship by Naturalization:
● A person can acquire citizenship if he/she has been ordinarily the resident of India for fourteen years and on
the day of application he must be in India for the last twelve months.
● Out of these fourteen years, a person must have stayed for eleven years in India only.

Necessary Conditions for Applying Citizenship by Naturalization :

● He has to be of sound mind.
● He should have allegiance to the Constitution.
● He should have known at least one language from Schedule VIII.
● He shouldn’t be an illegal migrant in India.
● He must not be a citizen of any other nation, because India does not allow dual citizenship.
● NOTE: In case of people from distinguished fields, the government can waive these conditions.

Loss of Citizenship:
● By Renunciation: Any person who is above eighteen years can give up his citizenship.

2
 ● By Termination: An Indian citizen who acquires the citizenship of any other nation without informing the
Indian government.
● By Deprivation: If the citizenship is acquired by fraud or the citizen has shown disloyalty to the Indian
constitution, or has traded any important information with an enemy nation.
➢ Any citizen after acquiring citizenship (registration/ naturalization) gets a jail term (2 years) within
five years of citizenship.
➢ If the citizen is not living in India for the past seven years.

Citizenship by Incorporation of Territory:

● If any foreign territory becomes a part of India, then the government of India may by law declare person’s living
in that territory as a citizen of India from the date to be specified by the Government. For example Sikkim,
Puducherry, Goa.

The Assam Accord:

● During the Assam crises of 1966, a large population illegally migrated from East Pakistan
to Assam.
● The accord was signed between Rajiv Gandhi and Assam representatives.
● Section 6A of the Constitution Amendment Act 1955 deals with citizenship of Assamese.
➢ Those who entered Assam before 1st Jan 1966, shall be Indian citizens.
➢ From 1st Jan 1966 to 25 March 1971 (Operation Search Light) shall be the citizen
of India without voting rights for ten years.
➢ After 25th March 1971 (Search and Deport by NRC).

National Register of Citizens (Assam):

● NRC is a document consisting of names of Indian citizens, to identify illegal migrants of East Pakistan pan
India based NRC was conducted in 1951’s.
● The Supreme Court initiated Assam NRC in 2013.

Issues with 6A of CAA 1955:

● Deportation after fifty years is not practical.
● It infringes the idea of equality under Article 14.
● It also denies voting rights.

National Population Register (NPR):

● A register of citizens and non-citizens living in India (except NRIs).
● First time done in 2010, updated in 2015.
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 ● This exercise is still in process.

NRI, PIO and OCI

Non Resident Indian (NRI):
● An Indian citizen having an Indian passport but residing in another nation due to some circumstances.
● Section 6 of Income Tax 1961 defines a person not living in India for more than 182 days in a financial year, or
not more than 365 days in four years, or not more than 60 days in a particular year.
● The NRIs get benefits as an ordinary citizen.
● Visa is not required when they enter India.

Person of Indian Origin (PIO):

● The status is given to those people whose ancestors sometimes belong to India, but now these people hold
non-Indian passports.
● This PIO is not equivalent to an Indian citizen.
● In 2015, all PIOs and OCIs cards were merged.

Overseas Citizens of India (OCI):

● Overseas Citizens of India facilitated visa free travel and exemptions in doing business, taking education as
investment activities in the country.
● Eligibility for OCI:
➢ Must have a minimum 18 years of age.
➢ Must have been an Indian citizen at any time.
● OCIs cannot become:
➢ President or Vice President of India.
➢ Supreme Court or High Court judge.
➢ Government Servant (UPSC, etc).
● OCI’s spouse is also eligible for an OCI card.
➢ In case a spouse or child has an Indian passport, they continue to enjoy the same benefits as a citizen.

Why Single Citizenship?

● To ensure uniformity of rights and allegiance to the Union of India.
● This idea also ensures uniformity of governance.

Citizenship Amendment Act (CAA) 2019:

Key provisions of this Act:

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 ● All persons coming to India from Pakistan, Bangladesh and Afghanistan will be eligible for citizenship
through Naturalization if they are Hindus, Sikhs, Parsis, Buddhists, Jains and Christians and entered India
on or before 31st December, 2014.
● For these communities, naturalization criteria was relaxed to five years.

Issues with CAA 2019:

● Against the Idea of Equality: It has been argued that the CAA 2019 is violative of the fundamental rights
guaranteed under Article 14 of the Indian Constitution. This was also seen by many as a violation of the
secular principles of the Indian Constitution, which guarantees equal rights to all citizens regardless of their
religion.
● No Provisions for Other Communities: The CAA 2019 provides no such provisions for other persecuted
communities like Jews, Ahmadis, Sri Lankan Tamils, Tibetians, etc.
● Violation of Assam Accord: The CAA 2019 has been challenged in the Supreme Court of India on the grounds
that it violates the Assam Accord.

Assam Accord:
● The Assam Accord was signed in 1985 between the Government of India and the All
Assam Students Union (AASU) to resolve the issue of illegal immigration from Bangladesh
into Assam.
● The Accord provides for the detection and deportation of all illegal immigrants from Assam
who entered India after March 25, 1971.

Government's Reply:
● This law has been implemented to help these religions to save themselves from persecution.

Inner Line Permit (ILP):

● The idea of ILP was started by Britishers in 1873 under Bengal East Frontier Regulation Act to serve their
business interest, not allowing others in tea and ivory trade.
● No Indian citizen can visit Nagaland, Arunachal Pradesh, Mizoram and Manipur without ILP.

Amendment Procedure (Article 368):

● The idea of amendment was introduced to ensure that the constitution should adapt to the changing needs of
society.
● To adapt the idea of living trees, the concept of amendment was introduced.
● Only Parliament has power to amend the constitution.

5
Procedure of Amendment:
● Any Minister or private member can introduce an amendment bill in any house.
● It does not require the President's sanction.
● The bill must be passed by a special majority (total membership of house and two-third present and voting.)
● In certain cases which affect federal structure, special majority and ratification of half of the States is
required.

Amendment for the following Cases requires State’s Ratification:

● President Election: Article 54, 55, 73
● Executive power of State: Article 162
● High Courts of UTs: Article 241.
● Schedule VII
● Representation of States in Parliament
● Amending Article 368
● High Court, Supreme Court, Panchayats, Cooperatives.

Constitutional Amendment:
● It has to be done through special majority (majority + 2/3rd present and voting).
● It can be done through special majority + State ratification (at least 50% of the States).
● It can be introduced in any house of the Parliament (only Parliament can do this, not the
State Legislature).
● No prior recommendation of the President is required.
● No joint sitting allowed (because it needs to be passed through 2/3rd majority, whereas in
joint sitting special majority is hard to achieve).
● The President has to sign the Constitution Amendment Bill.
● The President has to assent to it (i.e. no veto is allowed).

Special Majority Cases Special + State Ratification Simple Majority Cases

● Fundamental rights ● Federal setup ● Citizenship

● DPSP ● Above mentioned points ● Article 1 to 4
+ Article 368 ● Elections
● Quorum
● Number of judges
● UTs

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 Mains Practice Questions:
Q. The Amendment procedure under Article 368 is both rigid and flexible. Discuss with the help of
examples.

Special Provisions of Temporary in Nature: It reflects the forms of Asymmetrical Federalism.

● It is divided into two parts:
➢ Article 370 (for Jammu and Kashmir)
➢ Article 371 to 371 J (for other States): These Articles have been provided with some special benefits
pertaining to governance, political and social set up to certain States.
Article 370:
● This Article used to empowers the State of Jammu and Kashmir to run:
➢ Power to run your own State.
➢ Power to have their own constitution.
➢ Power to make their own laws (penal code)
➢ Police managed by their own

Article 35A:
● Article 35A was a provision in the Constitution of India that granted certain special rights
and privileges to the permanent residents of Jammu and Kashmir (J&K).
● It was added to the Constitution through a Presidential Order in 1954, following the
provisions of Article 370, which granted a special autonomous status to the state of Jammu and
Kashmir.
● Article 35A allowed the Jammu and Kashmir state legislature to define the state's "permanent
residents" and provide them with certain rights and privileges. These rights included:
➢ Ownership of immovable property: Only permanent residents were allowed to acquire
and own immovable property in the state. This provision prevented individuals from
outside Jammu and Kashmir from purchasing land or property in the state.
➢ Employment: Permanent residents were given special privileges in matters of public
sector jobs, scholarships, and educational institutions funded by the state government.
Non-permanent residents were not entitled to these benefits.
➢ Residency and settlement: Permanent residents had exclusive rights to settle and reside
in the state. Non-permanent residents did not have the same rights to settle or purchase
property in Jammu and Kashmir

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 *NOTE: In August 2019, the Government of India, through a presidential order, revoked Article 35A
along with Article 370, thereby ending the special autonomous status of Jammu and Kashmir.

*NOTE:
➢ No law of the Parliament will be implemented in Jammu and Kashmir, unless the State asks so.
➢ Union List which has subjects of Defence, External Affairs and Communication will be guided by the Union of
India (rest subjects can be guided by the State).

Article 371 (371A to 371I):

● Article 371 and its various sub-sections (371A to 371J) are special provisions in the Indian Constitution that
provide certain rights and safeguards to different regions and states.
● These provisions aim to protect the cultural, social, and economic interests of these regions, allowing them to
have separate laws, governance structures, and administrative powers.
➢ Article 371: Special provision with respect to the States of Maharashtra and Gujarat.
➢ Article 371A. Special provision with respect to the State of Nagaland.
➢ Article 371B: Special provision with respect to the State of Assam.
➢ Article 371C: Special provision with respect to the State of Manipur.
➢ Article 371D: Special provisions with respect to the State of Andhra Pradesh or the State of
Telangana.
➢ Article 371E: Establishment of Central University in Andhra Pradesh.
➢ Article 371F: Special provisions with respect to the State of Sikkim.
➢ Article 371G: Special provision with respect to the State of Mizoram.
➢ Article 371H: Special provision with respect to the State of Arunachal Pradesh.
➢ Article 371 I: Special provision with respect to the State of Goa.
➢ Article 371 J: Special provisions with respect to the State of Karnataka.

Schedules of Indian Constitution:

Schedules Provisions

Schedule I It deals with the provisions of States and Union Territories.

Schedule II It deals with the provisions of salaries of President, Governor, Speaker, Deputy
Speaker, Chairman, Deputy Chairman, Supreme Court-High Court Judge,
CAG.

8
 Schedule III It deals with the provisions pertaining to Oath and affirmation: oath of office and
secrecy of ministers, Member of Parliament (LS and RS), Chief justice
(similarly in states).

Schedule IV It deals with the allocation of seats in Rajya Sabha.

Schedule V It deals with the provision for the administration and control of Scheduled areas
and scheduled tribes residing in any State other than the States of Assam,
Meghalaya, Tripura and Mizoram. (already covered).

Schedule VI It deals with the provisions for the administration of the tribal areas in the State of
Assam, Meghalaya, Tripura and Mizoram (already covered).

Schedule VII It deals with three legislative lists: Union, State and Concurrent.

Schedule VIII The idea of Schedule VIII languages was to ensure the protection and promotion
of certain languages which need protection (22 Languages).

Schedule IX It provides for the validation of certain land reforms laws.

Schedule X It deals with the provisions as to disqualification of MP/MLA on the basis of anti-
defection law.

Schedule XI It deals with the powers, authority and responsibilities of Panchayats.

Schedule XII It deals with the powers, authority and responsibilities of Municipalities, etc.

Article 343: Official Language

● Gandhiji was of the view that “Bina rashtra bhasha ke rashtra gunga hai”.
● English remains a bridge between non hindi and hindi speakers.
● Because of the vast linguistic diversity in the country, we cannot have a single official language. So we
thought of adopting the idea of a three language formula.
● Hindi of Devnagri script along with English will be our language of use.
● The President can authorize the use of Hindi language in addition to English language.
Article 344:
● It talks about that the President shall constitute a commission and committee of Parliament on official
language.

Comparison of the Constitutions:

● The comparison of the constitution is basically divided into two formats: the Presidential and Parliamentary.
9
 Presidential Parliamentarian

● USA ● Britain
● French ● Canada
● Turkey ● Australia
● Brazil

Constitution of USA:
● Presidential System: The Constitution of the USA follows the Presidential form of system.
● Smallest Constitution: It is the oldest and shortest written Constitution of any major government in the world.
● Rigid Constitution: The amendment of the US Constitution takes place by 2/3rd majority of Congress and 3/4th
States ratify.
● Senate: It is the Upper house of the United States Congress (same as Rajya Sabha of Indian Parliament).
● House of representatives: It is the Lower house of the United States Congress (same as Lok Sabha of Indian
Parliament).
● Constitution is supreme: The Constitution is the supreme law of the land, and all other laws, including state laws
and local ordinances, must be consistent with it.
● Indestructible Union, indestructible States: The Federal Government of America cannot form new States or
alter the borders of existing States without the consent of the States concerned. Thus, the United States of
America is described as an "indestructible union of indestructible states".
● Follows Separation of Power: The Constitution divides the government into three branches: the legislative,
executive, and judicial branches. Each branch has its own powers and responsibilities, and no one branch can
become too powerful. This system of checks and balances is designed to prevent tyranny.

USAs Checks and Balance:

● The President has veto power.
● The Senate confirms all the appointments done by the President (even judicial).
● The Supreme Court has the power of judicial review (Marbury vs Madisson case).

Judicial supremacy (court has ultimate power to check laws):

● For example, the judiciary can write down laws of government.

National Commission for Scheduled Caste (NCSC)

● It is a constitutional body.
● It works to safeguard the interests of the scheduled castes.
● Article 338 of the constitution deals with NCSC.
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 ● The NCSC investigates and monitors all matters relating to safeguards provided for them.
● It enquires into specific complaints and to participate and advice on the planning process of their socio-
economic development, etc.

Composition:
● It consists of:
➢ Chairperson
➢ Vice chairperson
➢ Three other members
● All these members are appointed by the President.

Functions:
● The NCSC enquires into the complaints relating to the deprivation of the rights and safeguards of the SCs.
● It advises the central or state governments with respect to the planning of the socio-economic development of
the SCs.
● It regularly reports to the President on the implementation of these safeguards.

Special Officers:
● Initially, the constitution provided for the appointment of a special officer under Article 338.
● The special officer is designated as the Commissioner for Scheduled Castes and Scheduled Tribes.

65th Amendment Act, 1990:

● It replaced the one member system with a multi-member National Commission for Scheduled castes and
Scheduled Tribes.

89th Amendment Act, 2003:

● The erstwhile National Commission for SC and ST was replaced by two separate commissions from the year
2004.
➢ National Commission for Scheduled Caste
➢ National Commission for Scheduled Tribe (Article 338A)
● The Commission is also required to discharge similar functions with regard to the Anglo Indian community.

102nd Amendment 2018:

● Till 2018, the Commission was also required to discharge similar functions with regard to other backward classes
(OBCs).

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 ● A key monitoring activity performed by the Commission pertains to the setting up of special courts for the speedy
trial of the officers under the Civil Rights Act and Atrocities Act.

Criticism:
● Non Binding Recommendations:
➢ Atrocities against the members of the SCs accounts for 89% of the crimes against SCs and STs
combined.
➢ The recommendation of the Commission is not binding on the government of India.
● Less Sensitive:
➢ The existing priorities of the Commission are alleged to be favoring the elite of the communities.
➢ It is said that the Commission has been less than sensitive to the poor Dalits who are endangered by the
lack of education or information.
➢ The Commission does not use its power of suo-motu cognisance actively enough.
● Litigation:
➢ By making the Commission susceptible to litigation in the form of appeals to higher judicial bodies, this
impedes the Commission’s effectiveness and renders it unable to function effectively.
● Biased to the Government:
➢ There is a perception that the Commission tends to confirm the government’s position in most of the
cases.

Way Forward:
● The Commission can facilitate online reporting and tracking of the crime.
● Simplified standard operating procedures written in local languages can be made available at all police stations
to educate the public about the case filing process.
● The Commission can help in capacity building of the lawyers, judges and policemen.
● Effectiveness and impact of existing schemes can be monitored by the Commission regularly.
● The Commission can create a platform for structured engagement with civil society groups working on Dalit
issues.
● The Commission can assist the government and civil society in organizing debates, deliberations and
awareness campaigns centered on issues.
● It can encourage a participative approach to promote economic empowerment by engaging with the ideas
proposed by the members of the community.

National Commission for Scheduled Tribes (NCST)

● It is a constitutional body.
● It is directly established by Article 338A of the constitution.

12
 ● The Ministry of Tribal Officers was created in the year 1999.
● In order to safeguard the interests of the STs more effectively, a separate National Commission for STs was
created through 89th Amendment Act, 2003.
● The 89th Amendment Act added Article 338A in the Indian constitution.
● The NCST came into existence in 2004.
● Article 338A gives power to the NCST to oversee the implementation of various safeguards provided to STs.

Composition:
● It consists of:
➢ Chairperson (Rank of Union Cabinet Minister)
➢ Vice chairperson (Rank of Minister of the State)
➢ Three other members (Rank of Secretary)
● At least one member should be a woman.
● The Chairperson, the Vice Chairperson and the other members hold the office for a term of three years.
● The members are not eligible for appointment for more than two terms.

Functions:
● To investigate and monitor all matters relating to the safeguards of STs.
● To enquire into specific complaints with respect to the deprivation of rights of STs.
● To participate and advise in the planning process of socio-economic development of theSTs.
● The NCST annually presents the report to the President.

Other Functions:
● Measures to be taken over conferring the ownership rights in respect of the minor forest produce to STs living
in the forest areas.
● Measures to be taken to safeguard rights of the tribal communities over mineral resources and water resources
as per the laws.
● To prevent the alienation of the tribal people.
● To ensure full implementation of the PESA Act, 1996.
● To reduce and ultimately eliminate the practice of shifting cultivation by tribals.

Scheduled Tribes in India:

● Scheduled tribes are classified as “backward tribes” according to the census of 1931 and are said to reside in
“excluded” and “partially excluded” areas.
● The first time “backward tribe” were requested to have representatives in provincial legislatures was in the
Government of India Act, 1935.

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 ● Article 366 (25) of the constitution, “Schedules Tribes” means such tribes or tribal communities or such parts or
groups within such tribes or tribal communities as are deemed under Article 342 to be scheduled tribes.
● Under Article 342(1), the President may with respect to any State or Union Territory and where it is a state, after
consultation with the Governor, by a public notification, specifying the tribes for tribal communities, or part of,
or groups within tribes or tribal communities as scheduled tribes.

Important Facts:
● Madhya Pradesh has the largest population of tribal people.
● The largest number of tribal communities are found in Odisha.
● There are over 705 tribes which have been notified.

Legal Provisions for STs:

● Protection of Civil Rights Act, 1955 against untouchability.
● Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
● Provisions of the Panchayat (Extension to the Scheduled Areas) Act, 1996.
● Scheduled Tribes and other traditional forest dwellers (Recognition of Forest Rights) Act, 2006.

Government Initiatives for Tribals:

● Tribal Cooperative Marketing Development Federation of India (TRIFED): It is a government organization
that promotes tribal welfare and sustainable livelihoods through marketing and development initiatives.
● Digital Transformation of Tribal Schools: Implementation of technology-based solutions to enhance the quality
of education and access to educational resources in schools located in tribal areas.
● Development of PVTGs: Focus on the development and upliftment of Particularly Vulnerable Tribal Groups
(PVTGs) to improve their socio-economic conditions and preserve their unique cultural heritage.
● Pradhan Mantri Van Dhan Yojna: A scheme aimed at empowering tribal communities by establishing Van
Dhan Kendras (forest-based micro-enterprises) to promote entrepreneurship, value addition, and market linkages
for forest produce

Committee related to Tribals:

● Xaxa Committee (2013): Examined the socio-economic, educational, and health conditions of tribal
communities in India and recommended measures for their welfare and development.
● Bhuria Commission (2002-2004): Investigated the status of implementation of constitutional safeguards and
special provisions for the Scheduled Tribes and made recommendations to address the issues and challenges faced
by them.
● Lokur Committee (1965): Reviewed the functioning of tribal and backward classes welfare departments and
suggested improvements in their policies, programs, and administration for the upliftment of tribal communities.

14
Issues Related to NCST:
● It has met only four times in the financial year 2021-2022.
● Its rate of pendency of resolution of complaints and cases that it receives is also close to fifty percent.
● The committee expressed shock at how labor and financial shortages had almost brought the commission to a
complete standstill.

National Commission for Backward Classes (NCBC):

● The 102nd Constitutional Amendment Act, 2018 provides constitutional status to National Commission for
Backward Classes (NCBC).
● It has the authority to examine complaints and welfare measures regarding socially and educationally backward
classes.

Background:
● Two backwards class commissions were appointed in:
➢ Kaka Kalelkar (1950s): It was appointed to assess the socio-economic conditions of Scheduled Castes
and Scheduled Tribes and make recommendations for their advancement.
➢ B. P. Mandal (1970s): It was constituted to identify the socially and educationally backward classes in
India and suggest measures for their reservation in government jobs and educational institutions.
● The government was ordered to establish a permanent committee to consider, analyze and suggest the inclusion
and exclusion of various backward classes for the purpose of benefits and protection by the SC (Indra
Sawhney Case, 1992).
● The Parliament passed the National Commission for Backward Classes Act in 1993.
● To better protect the interests of Backward Classes, the 123rd Constitutional Amendment Bill, 2017 was
passed by the Parliament.

Composition of NCBC:
● It comprises of:
➢ Chairperson
➢ Vice Chairperson
➢ Other three members
● They all are appointed by the President.

Tenure and Service Condition:

● The conditions of service and tenure of the office of chairperson, Vice Chairperson and other members is
determined by the President.

15
Constitutional Provisions:
● The 102nd Constitutional Amendment Act inserted Article 338B and 342A.
● The amendment changes Article 336.
● The NCBC is empowered by Article 338B to investigate complaints and welfare programmes involving
socially and educationally disadvantaged populations.
● The President is given the authority to name socially and educationally backward classes in various States and
UTs under the Article 342A.
● The President can do this in consultation with the Governor of the concerned State.
● However, a law enacted by the Parliament will be required if the list of backward classes is to be amended.

Power and Functions of NCBC:

● The Commission looks into and keeps track of all the issues pertaining to the protections offered to socially
and educationally backward classes.
● It actively participates and advises on socio-economic development of the socially and educationally
underprivileged classes.
● It provides the report to the President on the effectiveness of those safeguards once a year and at other times the
Commission may deem appropriate.
● It has all the powers of a civil court while trying a suit.
● The new act has acknowledged that in addition to the reservations, BCs also need development.
● The Act includes the provisions for the creation of Socially and Educationally Backward Classes (SEdBCs)
and the participation of the new NCBC in that process.
● The new NCBC is entrusted with the additional function of grievance redressal of backward classes.
● More transparency is introduced by Article 342A which mandates obtaining Parliamentary approval before
adding or removing any community from the list.

Way Forward:
● The composition should reflect the features of an expert body as mandated by the Supreme Court.
● The government is required to make public the results of the caste census and the commission’s
recommendations.
● The composition of the commission should reflect the gender sensitivity and representation of the stakeholders.
● Vote bank politics ought to make way for value based politics so that only legitimately underprivileged groups in
the society benefit from the reservation.

National Human Rights Commission

What is NHRC?
16
 ● Independent statutory body established on 12 October, 1993.
● It refers to the Protection of Human Rights Act, 1993.
● Watchdog organization protecting Human Rights like Life, Liberty, equality enshrined in the Constitution of
India.

Why was it established?

● In 1991: To adhere to Paris Principles, adopted for the promotion and protection of human rights in Paris
(October, 1991) and endorsed by the General Assembly of the United Nations on 20 December, 1993.
● In 1993: Hence, parliament enacted the Protection of Human Rights Act, 1993, to ensure accountability and
strengthening of the human rights regime in the country.

Section 2(d) of Act:

● Human rights are the rights related to life, liberty, equality, and dignity of the individual.
● These rights are guaranteed by the Constitution or incorporated in the International Covenants and are
enforceable by the Indian Courts.

State Human Right Commission:

● This act also authorized State Governments to establish the State Human Right Commission.

Composition:
● It is a multi-member body consisting of:
➢ Chairman and three Other members
➢ Six ex-officio member
● Appointment of Chairperson/members: Appointed by President on the recommendations of a six-member
committee consisting of:
➢ Prime Minister (head)
➢ Speaker of the Lok Sabha
➢ Deputy Chairman of the Rajya Sabha
➢ Leaders of the Opposition in both the Houses of Parliament
➢ Union Home Minister

Eligibility of Chairperson/Members:
● The Chairperson has to be a retired Chief Justice of India or a judge of the Supreme Court (as per 2019
Amendment)
● Three Members to be appointed, out of which one has to be women.

17
 ● Ex-officio Members: Chairpersons of National Commission for Minorities, National Commission for Scheduled
Castes, National Commission for Scheduled Tribes, National Commission for Women National Commission for
Backward Classes, Chief Commissioner for Persons with Disabilities.
Term:
● Hold office for a term of three years or until they attain the age of 70 years, whichever is earlier.
● Eligible for Re-appointment.

Grounds of Removal:
● If he is adjudged an insolvent,
● If he engages during his term of office in any paid employment outside the duties of his office,
● If he is unfit to continue in office by reason of infirmity of mind or body,
● If he is of unsound mind and stands so declared by a competent court, and
● If he is convicted and sentenced to imprisonment for an offense which in the opinion of the President involves
moral turpitude.
● Can be removed on the charges of proved misbehavior or incapacity, if proved by an inquiry conducted by a
Supreme Court Judge.

Functions & Powers: Section 12 of the Act

● It inquires into the complaints of violation of human rights (Suo-motu powers).
● It also inquires into the negligence in the prevention of such violation by a public servant.
● It studies treaties and international instruments on human rights and makes recommendations for their
effective implementation to the Government.
● It helps in spreading human rights awareness.
● It has the power of Civil Court.
● It is Quasi-Judicial in nature.
● It gives recommendations to Centre/State governments with regard to Human Right violations.
● It coordinates with other NHRIs of the world for enhancing awareness from the perspective of human rights.
● It regularly hosts delegations from UN Bodies and other National Human Rights Commissions, members of
civil society, lawyers and political and social activists from many countries.

Limitations:
● No investigating workforce: The NHRC relies on external agencies such as the police or other government
bodies to conduct investigations. It lacks its own dedicated investigating workforce, which can sometimes
impact the effectiveness and independence of its investigations.
● Viewed as a ceremonial body: There have been criticisms that the NHRC is seen as more of a ceremonial
body rather than an authoritative institution. Some perceive it as lacking the necessary powers and teeth to
enforce its recommendations effectively.
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 ● Not capable of giving relief: The NHRC's powers to provide relief are limited. While it can recommend
compensation or other forms of relief, it does not have the authority to enforce its decisions. Its
recommendations are not binding, and it relies on the cooperation of the concerned authorities to implement
them.
● Limited power on Armed Forces matters: The NHRC's jurisdiction over matters related to the Armed Forces is
limited. It relies on reports from the central government or the concerned military authorities, which may
restrict its ability to independently investigate and address human rights violations in this domain.
● Only recommendatory powers: The NHRC has recommendatory powers, which means it can make suggestions
and recommendations to the government or other authorities. However, it lacks the power to directly enforce its
recommendations or decisions, which can affect its effectiveness in ensuring human rights protection.
● No power to enforce decisions: The NHRC does not have the authority to enforce its decisions or ensure
compliance with its recommendations. It relies on the goodwill and cooperation of the concerned authorities
to implement its suggestions, which can limit its impact.
● Criticism by Soli Sorabjee: Soli Sorabjee, a prominent Indian jurist, once referred to the NHRC as "a teasing
illusion." This criticism suggests that the NHRC may not have lived up to expectations in terms of effectively
addressing human rights violations and providing adequate relief to victims.

Comparison of Schedule 5 and Schedule 6 of the Indian Constitution

Feature Schedule 5 Schedule 6

Scheduled Areas in all states except

Autonomous Districts in Assam,
Area Covered Assam, Meghalaya, Tripura, and
Meghalaya, Tripura, and Mizoram
Mizoram

Protect and safeguard the rights,

Main Granting autonomy to tribal communities in
customs, and traditions of scheduled
Objective designated areas
tribes in Scheduled Areas

Greater autonomy; Autonomous district

Level of Limited autonomy; Governor and local
councils have legislative, judicial, and
Autonomy government play key roles
executive powers

Creation of Tribes Advisory Council, Establishment of Autonomous District

Key restrictions on transfer of tribal land, Councils (ADCs), powers and functions of
Provisions special provisions for administration of ADCs, provisions for taxation, finance, and
justice administration

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 Legislative ADCs have the power to make laws on
None
Powers specific matters listed in the Sixth Schedule

Judicial Special courts and benches for trial of ADCs have limited judicial powers within
Powers offenses in Scheduled Areas their jurisdiction

Executive Governor and state government have ADCs have executive powers within their
Powers primary executive authority jurisdiction

Financial Limited financial autonomy; funds ADCs have power to levy taxes, raise
Powers allocated by state government funds, and manage finances

More complex amendment process;

Amendments Parliament can amend by law requires consultation with ADCs and
approval by tribal councils

Additional Points:
• Schedule 5 is generally considered to provide less autonomy compared to Schedule 6.
• Both schedules have been criticized for being paternalistic and not fully incorporating the aspirations
of tribal communities.
• There have been demands for further amendments to grant greater autonomy to tribal communities.

A Tribes Advisory Council (TAC) is a crucial body established in India under the provisions of the Fifth
Schedule of the Constitution. It plays a vital role in safeguarding the rights and interests of scheduled tribes
residing in Scheduled Areas.

Key Points about Tribes Advisory Council:

• Composition:
o Not more than 20 members, with three-fourths being representatives of scheduled tribes in the
state legislative assembly.

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 o Other members can include experts, social workers, and government officials with relevant
expertise.
• Function:
o Advises the Governor on matters relating to the welfare and development of scheduled tribes
in Scheduled Areas.
o Reviews the implementation of safeguards and provisions under the Fifth Schedule.
o Recommends measures for the protection and advancement of scheduled tribes.
• Powers:
o Advisory body, not a decision-making body.
o Recommendations hold significant weight and are often accepted by the government.
• Significance:
o Provides a platform for the voices of scheduled tribes to be heard.
o Ensures their concerns are considered in policy and decision-making.
o Promotes their participation in self-governance and development initiatives.

Important Note:

• States with Scheduled Areas are Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal
Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, and Rajasthan.
• Three states without Scheduled Areas (West Bengal, Tamil Nadu, and Uttarakhand) also have TACs,
but their functions and powers may differ.

A Tribes Advisory Council (TAC) is a crucial body established in India under the provisions of the Fifth
Schedule of the Constitution. It plays a vital role in safeguarding the rights and interests of scheduled tribes
residing in Scheduled Areas.

Key Points about Tribes Advisory Council:

• Composition:
o Not more than 20 members, with three-fourths being representatives of scheduled tribes in the
state legislative assembly.
o Other members can include experts, social workers, and government officials with relevant
expertise.
• Function:
o Advises the Governor on matters relating to the welfare and development of scheduled tribes
in Scheduled Areas.
o Reviews the implementation of safeguards and provisions under the Fifth Schedule.
o Recommends measures for the protection and advancement of scheduled tribes.
• Powers:
o Advisory body, not a decision-making body.
o Recommendations hold significant weight and are often accepted by the government.
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 • Significance:
o Provides a platform for the voices of scheduled tribes to be heard.
o Ensures their concerns are considered in policy and decision-making.
o Promotes their participation in self-governance and development initiatives.

Important Note:

• States with Scheduled Areas are Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal
Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, and Rajasthan.
• Three states without Scheduled Areas (West Bengal, Tamil Nadu, and Uttarakhand) also have TACs,
but their functions and powers may differ.

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