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Recently, the 95th Constitutional Amendment Bill was passed by Parliament, extending reservations from 2010 to 2020.

335 - When providing opportunities, if the government feels that any group is not adequately represented, it can provide special opportunities for those groups.
When providing special opportunities, steps should be taken to ensure that general administrative efficiency is not affected.

338 = The President of India can appoint a special commission to study the conditions of SCs and suggest measures for their welfare. The President may appoint a special commission.

338 (A) - The President can appoint a special commission to study the conditions of STs and suggest measures for their welfare. Commissions can be established.

339 - The Center directs the states regarding the measures to be taken for the welfare of SCs and STs, and the states must comply.

340 - The President can appoint a commission to study the conditions of Other Backward Classes (OBCs) in India and to suggest appropriate measures for their welfare. A special commission can be appointed.

341 - After consulting with the Governors of the respective states, the President notifies the definition of SCs through a notification.
* Parliament makes laws based on the President's notification. These laws cannot be challenged in court.
* 342- The President, after consulting the Governors, can give definitions of STs.
* Based on it Parliament makes laws.

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6.  Other Matters:
    *   366(25) - Defines SCs, the rules and regulations related to them, protections, and provides explanations regarding their implementation.
    *   350(A) - The Center directs the states to provide education in the mother tongue.
    *   350(B) - The Center can issue directives for the implementation and welfare of minority languages.
    * 215 (1) - Central government released funds from consolidate fund of india for welfare of sc, st.
    *   243(D) - Reservations were provided in PR institutions.
    *    243(T) - Reservations in Municipalities.
    >> Local bodies, to provide representation to minorities co-option is enabled.

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SC Commission:

In 1931, based on J.J. Hutton's report, the idea of providing special opportunities for SCs was first considered.

Ramsay MacDonald's announcement (Communal Award), 1933 white paper led to the 1935 Government of India Act, which provided special opportunities for weaker sections.
Article 46 of the Constitution allows the government to make laws providing reservations for educationally and socially backward classes.
In 1978, during the Janata Party government, a National Commission for SCs and STs was formed under the leadership of Bholanath Paswan Shastri.
SC, a joint commission for ST was formed.
In 1990, during V.P. Singh's tenure, the 65th Constitutional Amendment gave constitutional status to the "National Commission for SCs & STs", mentioning it. Constitutional status was given to this commission.
First Chairman of the Commission: Ram Dhan

338 - Establishes the National Commission for SCs.
In 2003, the 89th Constitutional Amendment created a separate ST Commission, so this commission continues as the "National Commission for SCs".
The Commission consists of a Chair & Vice-Chairperson and three other members.
The President appoints the SC Commissions.
The tenure of Commission members is 3 years.
The President can reduce or extend the term of the office.
The resignation is to be sent to President.
Commission - The Chairperson has the status of a Union Cabinet Minister, the Vice-Chairperson has status of Minister of state and other has status of Secretary

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SC Commission chairman will be ex-officio member of NHRC.
The Commission submits its report to the President.
The President places the report and the actions taken by the government on the issues in it before Parliament.
If the National Commission for SCs submits a report containing issues related to the states, the President sends it to the respective state Governor.
The Commission has the powers of a Civil Court.
It can summon any official to appear before it and give a statement or submit an affidavit.
It can examine any records.
The Commission investigates the constitutionally guaranteed opportunities, legally provided opportunities, and the steps taken by the governments for those groups.
1976 - Implementation of the Civil Rights Act, 1989-SC, ST Atrocities.
The Commission also investigates the implementation of the Prevention of Atrocities Act.
The Commission not only monitors the implementation of measures taken by governments for the welfare of these groups, but it is mandatory to consult the Commission about new schemes to be implemented for those groups.

Present Chairman of the National Commission for SCs: Buta Singh
[He is continuing in this position for the 2nd time]
The term "Untouchability" was first used in our country by J. Nesfield

According to the 2001 census, 16.84% of the Indian population belongs to these groups.
The state with the largest number of SCs - UP.
State with the highest percentage of SC population - Punjab (28.64%)

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National ST Commission:

The National Commission for STs was separately established by the 89th Constitutional Amendment - 2003 during the NDA regime through Article 338(A).
The President appoints the National ST Commission.
The number of members in the ST Commission is '5'.
One Chairperson, one Vice-Chairperson and three other members.
One woman must be a member of this commission.

Commission Tenure: 3 years, but the President can dissolve it before the end of the term or extend the term.
The Chairperson of the Commission has the status of a Union Cabinet Minister, the Vice-Chairperson has the status of a Minister of State, and the other members have the status of a Union Cabinet Secretary.
The Chairman of this Commission is an ex-officio member of the NHRC by virtue of his/her position.
First Chairman of the Commission: Dilip Singh Bhuria

Present Chairman: Urmila Singh .

It has the powers of a civil court.  It can summon any official to appear before it and give a statement or submit an affidavit.
It can examine the records of the implementation of programs intended for these groups.
The Commission submits its report to the President.
The President, along with this report, places a report on the action taken by the government before Parliament.
If the report contains any issues related to the states, the President sends it to the respective state governors.
The Commission reviews the implementation of constitutionally and legally mandated welfare schemes for these groups and makes recommendations.

In 1955, Nehru introduced the 5-point program for STU welfare.

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In 1958, U.B. Debar led, a commissioner was established to make recommendations for the welfare of these groups.

In 1969, the Sheela Rao Committee made several recommendations for the welfare of these groups.

In 1999, a separate Ministry for ST Welfare was established in the Union Cabinet.

In 2007, the Special Tribal Rights Act was enacted.
The state with the highest number of different STs: Orissa

State with the highest percentage of STs: Arunachal Pradesh

State with the largest ST population: Jharkhand

State SC, ST Commission:

Commissions have been established in 17 states in the country.
Commissions in 11 states, including AP, have statutory status.
At the state level, SC and STs are combined and commission has been set up
Total number of members 4+1.
The state government appoints the Chairman & members.
Commission Tenure; 3 years

The State government can remove before tenure or may extend.
The Commission submits its report to the State Government.
Recently Mr. Arjuna resigned.

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SC, ST Atrocities (Prevention) Act Rules:
*   This Act was introduced in 1989 to prevent atrocities against SCs and STs.
*   It prevents attacks on these groups in various parts of the country.
*   Acts Covered:
    *   Public humiliation/insult;
    *   Physical assaults;
    *   Forced undressing;
    *   Rape;
    *   Forcibly vacating their residential areas;
    *   Dumping animal carcasses in their residential areas;
    *   Forcing them to consume inedible or undrinkable substances;
    *   Interfering with their right to vote;
    *   Occupying their properties;
    *   Contaminating the wells and tanks they use for drinking water;
    *   Murders.
*   For the above atrocities, punishments range from 2 months of simple imprisonment to the death penalty and life imprisonment.

*   If any official intentionally obstructs the implementation of opportunities provided to these groups, they can be suspended for 6 months.
*   If the official violates it for the second time, they will be dismissed from service.
*   If an earning member of an SC or ST family is murdered, Rs. 2 lakhs in compensation will be given, along with a job for one family member and the government will take responsibility for the education of their children.

*   The act states that these groups can be provided with weapons if necessary, in the process of self-defense.

*   The Act recommends setting up special tribunals for trials in areas where these cases are high.

*   Many state governments (including AP) have given trial powers to District Sessions Courts.

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Special Public Prosecutors with at least 7 years of legal experience will be appointed by the government to argue on behalf of the victims.

When registering these cases, an officer of at least the rank of DSP must conduct an investigation before registering the cases.
In 1995, an amendment was made to this Act, providing for the same level of punishment for those who misuse this Act.

To monitor the implementation of this Act, special councils have been set up at the central, state & district levels.
    -   At the center, a council of 18 members under the leadership of the Prime Minister;
    -   At the state level, a council of 25 members under the leadership of the CM/CS;
    -   At the district level, a council of 16 members under the leadership of the Collector;

*   Of these 3 councils, MLAs, MPs; Govt. Officers, non-officials, ministers, and social workers are appointed as members.

The district committee report should be sent to the state committee, and the states should send their report to the central committee. By March 31, the government must place a report on these matters before Parliament.
Those convicted under this Act are disqualified from contesting elections.
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National Commission for Backward Classes:

In 1993, in the Indira Sawhney Vs Union of India case (Mandal case), the S.C, based on its judgment and the recommendations made during the judgment, the National Commission for Backward Classes was formed.
The NBC was formed according to the law passed by Parliament in 1993, so it can be said to be a statutory commission.
The Central Government appoints the NBC.
The Commission consists of a Chairperson, a Vice-Chairperson, and three other members.
The Chairperson, Vice-Chairperson & members of the NBC have the same status & rank as those in the SC and ST Commissions.
NBC members submit their resignations to the Central Government.
NBC Member Tenure: 3 years. The Central Government can remove them before the end of their term or extend their term.
When NBC was formed, the first - Chairman: R.N. Prasad
Current Chairman: Ratnavel Pandian

340 - The President can appoint a commission to study the conditions of OBCs and to suggest measures to be taken for their welfare, asking them to submit a report.
The Commission monitors the implementation of constitutionally and legally mandated opportunities provided by the government.
The Commission submits a report to the Central Government, which is placed before Parliament, recommending measures to be taken for the welfare of BCs.

In 1953, the Nehru government established the 1st BC Commission under the leadership of Kakasaheb Kelkar.
Based on the 1931 census, the Kelkar Commission stated that the BC population was 51.68%.

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It recommended providing special opportunities in government jobs for BCs.
The first state to provide reservations for BCs: Bihar
Second: Karnataka

In 1976, to make recommendations on providing reservations for BCs at the national level, the Janata government appointed the Mandal Commission.

The Mandal Commission recommended 27% reservations for OBCs.
In 1963, in the M.R. Balaji case, and in 1964 in the Devadasan case.
The SC judgment: Reservations should not exceed 50% - Keeping this in mind
The Mandal Commission recommended 27% reservations for OBCs.
In 1979, the Janata government fell, so the Commission's recommendations were not implemented.
In 1990, the V.P. Singh government initiated the implementation of the Mandal Commission's recommendations.
The implementation of the Mandal Commission's recommendations was challenged in the Indira Sawhney case.
The SC judgment in the Mandal case included some important points.
    -   It upheld the reservations provided for OBCs.
    -   The creamy layer among OBCs should be excluded.
    -   Reservations should not exceed 50%.
    -   A National BC Commission should be established.

The 93rd Amendment provided reservations for OBCs in higher education institutions and private educational institutions in the country.
In 2008, the SC upheld the 93rd Amendment.

According to the 2007 National Sample Survey estimates, the BC percentage in the country is 41.36%.

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State BC Commission:
Appointed by State Govt.
It has 4 members other than Chairman
Tenure is 3 years and may extend
Current Chairman - Justice Dala Subramanyam
In 1963, recognizing 139 castes as BCs, AP.H.C quashed 25% reservations in education and jobs
Following Manohar Prasad Committee, in 1968, the HC struck down 27% reservations in BCs.
H.C decision, was challenged in S.C. S.C set aside High Court order and favored State.
In 1982, Based on Muralidhara Rao Commission, NTR Government, in 1985, HC quashed the act providing 44% reservation.
Since 1994, BC reservation is implemented in local bodies.
In 2008, AP Assembly, unomiously passed resolution to provide reservation in assemblies.

NBC is not ex-officio to NHRC.

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National Women's Commission:

In 1990, at a seminar on "National Perspective Plan on Women" organized by the HRD Department in Delhi, members recommended the establishment of a National Women's Commission.

The National Women's Commission was formed according to the law passed by Parliament in 1992.
The Women's Commission consists of a Chairperson, 5 members, and a Member Secretary (1).
The Central Government appoints the members of this Commission.
The tenure of the members is 3 years.
The government can extend the tenure of the members or dissolve it within the term.
First Chairperson: Mrs. Jayanti Patnaik
Present Chairperson: Dr. Girija Vyas
Member Secretary:

This commission submits its report to the central government, relating to working and implementation of programs.
The Commission monitors the implementation of legally and constitutionally mandated opportunities provided by the government.

It is working towards the passage of the Constitutional Bill providing reservations for women in legislatures.

It investigates attacks on women in the workplace.
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Monitors the implementation of reservations provided for women in local bodies through the 73rd and 74th Amendments.

This commission studies the above-mentioned issues and makes recommendations for appropriate action.
The Chairperson of the Women's Commission is an ex-officio member of the NHRC by virtue of her position.
2001 was celebrated as the Year of Women's Empowerment.
2001-10 is being observed as the "Decade of Women's Empowerment".

State Women's Commission:
Appointed by State Govt.
It has 4 members other than Chairperson.
Tenure is 3 years
First Chairperson: Mary Ravindranath
Recently, in 2006, YSR government dissolved it because of internal problems

One each from SC and ST should be appointed to the commission.
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National Minorities Commission:

This commission was first established in 1978 during the Janata Party government.
Chairman at the time of establishment: M.R. Minoo Masani

In 1979, it was made statutory.
Then Chairman: Ahmed Ansari

Currently, the 103rd Constitutional Amendment Bill intended to give constitutional status to this commission is before Parliament.
The Central Government appoints the Minority Commission.
Commission Tenure: 3 years

The Commission submits its report to the Center.
The Chairperson of the Commission is an ex-officio member of the NHRC.
There is a Vice Chairman & other members.
The Commission monitors the implementation of constitutionally, and legally given opportunities.
The Central Waqf Board Act was passed in 1953.
Based on Fazal Ali's recommendations, the Minority Languages Office was established in 1957.

It works for protection of rights if there are violations
In 2006, Rajinder Sachar Committee studied about conditions and submitted report to Center.

Dr Manmohan Singh introduced "15 point program" for welfare.
In 2007 a separate ministry was created.
First Minister: AR Antulay
State with highest(31%) Minorities: Assam

State Minorities Commission;
In 1987, AP minorities commission came into existence
It has 4 members other than Chairman.
State Government Appoints, Tenure is 3 years.
Current Chairman is Yusuf Qureshi.
In 1975, AP state government made a GO.
In 2005, APHC struck down reservations to Muslims.

Maulana Azad Urdu University is in Hyderabad.
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It monitors the constitutionally, and legally mandated opportunities.

They took 1931 census.

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National Human Rights Commission

The UNO made the Universal Declaration of Human Rights on December 10, 1948.
Along with the constitutions of all countries, fundamental rights, civil rights, and human rights were included in the Indian Constitution as well.
Human rights are also present in many laws enacted by the Indian Parliament.
Ex:
    *   Bonded Labor Abolition Act
    *   Minimum Wages Act
    *   Human Trafficking Prevention Act
    *   Child Labor Prohibition Act

The 1966 Paris Human Rights Conference recommended measures to be taken for the implementation of rights.
The 1989 Geneva Conference recommended actions to be taken for the protection of rights.

The 1992 Geneva Human Rights Conference recommended that all countries in the world establish a special mechanism for the protection of human rights.
Following the call of the Geneva Conference, in 1993, the Indian Parliament enacted a law for the establishment of the NHRC.

The NHRC was first established in 1993.
The NHRC consists of a Chairman + 4 other members.
The President of India appoints them.
NHRC Chairman:

    *   Retired CJI
    *   One Member - Retired S.C Judge
    *     One Member - Retired CJ from HC.
    *   Two Members -> Those with experience in the field of human rights.

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*    Based on Committee advice lead by Prime Minister, President appoints the NHRC.
Committee:

Prime Minister -> Chairman
Union Home Minister -> Member
Lok Sabha Speaker -> "
Lok Sabha Opposition Leader-> "
Rajya Sabha Dy. Chairman -> "
Rajya Sabha Opposition Leader -> "

NHRC Member tenure: 5 or 70 Years.
Grounds of removal are incapacity and misbehavior.
The members of the NHRC can be removed by the President only in the same way as the members of the UPSC are removed.
NHRC acts as a watchdog of human rights in India.
First Chairman of NHRC: Justice Ranganath Misra.

Present Chairman of NHRC: Govind Prasad Mathur

The Chairpersons of the National Commissions for SC, ST, Women & Minorities are ex-officio members of the NHRC by virtue of their positions.

Key functions - powers:

It functions as a Semi-Judiciary body.
Regarding human rights violations.. It can collect statements from any person, any officer. It can order them to appear before the Commission.
It can investigate matters related to legally and constitutionally provided rights.

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It investigates the rights of prisoners in jails and the rights of individuals detained in police stations.

It can also investigate cases on its own initiative, without relying solely on complaints, 'suo motu'.
It only investigates cases related to the last one year.

If it wants to investigate cases that are pending in court, it needs the permission of the courts.
Ex: 1. Investigating the Godhra riots case.

2.  In the Paramjit Kaur Vs Punjab government dispute, the NHRC investigated the complaint of citizens whose rights were violated by the police in Punjab and the same issue.

3.  The NHRC only recommends actions, it cannot take direct action itself.

In the Bihar lockup death case, it imposed a fine of 3 lakhs on the state DGP, but the implementation was the government's responsibility.

It conducts seminars and meetings to create awareness and consciousness about human rights.
It encourages NGOs [Non-Govt. Orgns] and research working for the protection of human rights.

The NHRC submits its report to the President, who places it before Parliament.

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State Human Rights Commission [SHRC]:

State Human Rights Commissions have been established in the states in accordance with the Human Rights Protection Act - 1993.

The SHRC investigates violations of human rights in society, both by the government and by individuals and collectively, and its main duty is to recommend measures for the protection of those rights.

SHRCs act as watchdogs of human rights in the states.
The State Governor appoints the SHRC.
Committee Structure:-

CM → Chairman/Convener
Home Minister → Member
Speaker → Member
Assembly Opposition Leader → Member
If there is a Legislative Council in the state, the Council Chairman and the Leader of the Opposition can be included in this committee.

Member Tenure: 5 or 70 Years

The President alone can remove members.

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The President removes them on grounds of incapacity and misbehavior.

Current Chairman: B. Subhashan Reddy

The President must follow the advice of the SC when removing the Chairman & members.
For other reasons, the President can use discretion.

SHRC also has suo motto powers.
It investigates cases related to the last one year.
SHRC can only recommend action

SHRC is Semi-Judiciary.