indian polity book series 36

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7. Madan Mohan Punchhi Commission

About the Commission

• The 2nd Commission established by the Central Government solely to examine Centre-State relations.
• Commission established in the year 2007.
• Commission submitted its report in the year 2010.
• Chairman of this Commission: Former Chief Justice of the Supreme Court, Madan Mohan Punchhi.

Members:

1. Amresh Bagchi
2. Dhirendra Kumar
3. Madhav Menon
4. Vinod Kumar Duggal

Key Recommendations:

1. Strengthen the national security system on the lines of the American Homeland Security.
2. Take measures to ensure that the National Integration Council (NIC) team reaches the affected area within 48 hours immediately after communal riots.
3. Grant more powers to the NIC team.
4. Only a person unrelated to the state should be appointed as Governor for that state.
5. Governor should not be given powers as Chancellor of Universities.
6. The Constitution should be amended to allow for a resolution to remove the Governor to be introduced in the State Legislature.

Meetings Organized by Opposition Parties to Study Centre-State Relations

1. Vijayawada Meeting:

• Organized in 1983.
• Meeting organized by N.T. Rama Rao.
• Vajpayee, Chandrasekhar, Farooq Abdullah and other prominent leaders attended.

2. Srinagar Meeting (1983):

• Farooq Abdullah was its chairman.

3. Kolkata Meeting (1984):

• 19 non-Congress parties attended.

4. Kolkata Meeting (1989):

• All non-Congress parties attended this meeting.
• Resolved to establish a National Investment Advisory Council.

Lists:

The main feature of a federal constitution is the division and distribution of powers between the central and state governments.

Powers are divided into three lists in the 7th Schedule of the Constitution. (Article 246)

1. Central List
2. State List
3. Concurrent List

1. Central List:

• When the Constitution of India came into force, the number of items in the Central List was 97.
• Currently, the number of items in the Central List is 98.

Key subjects in the Central List:

Railways	Banking
Post Offices	Foreign Affairs
National Defence	Shipping
Doordarshan (Television)	All India Radio
Supreme Court	High Court
Mineral Resources	War
Citizenship	Stock Exchange
Income Tax	Tax on Non-Agricultural Income
Aviation	Opium Cultivation

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2. State List:

• When the Constitution came into force, the number of items in the State List was 66.
• Currently, the number of items in the State List is 59.

Key subjects in the State List:

Public Health	Libraries
Prison Management	Local Governance
Agriculture	Law and Order
Markets; Fairs	Trusts
Sales Tax	Gambling
Professional Tax	Entertainment Tax
Land Measurement

3. Concurrent List:

• When the Constitution of India came into force, the number of items in the Concurrent List was 47.
• The concept of the Concurrent List is borrowed from the Australian Constitution.
• Currently, the number of items in the Concurrent List is 52.
• Through the 42nd Constitutional Amendment in 1976, the number of subjects removed from the State List and added to the Concurrent List is 5.

They are:

1. Judicial Administration ✓
2. Forests ✓
3. Population Control ✓
4. Education ✓
5. Weights and Measures ✓

Key subjects in the Concurrent List:

Marriage	Divorce
Adoption	Transfer of Property
Criminal Procedure	Social and Economic Planning
Electricity	Labour Issues
Factories	Boilers
Adulteration of Foodstuffs	Price Controls
Divorce	Charities and Charitable Institutions, Charitable and Religious Endowments
Civil Procedure	Trusts and Trustees
Family Planning	Education

Residuary Powers (Residuary Powers)

• Subjects not mentioned in any list are Residuary Subjects.
• The Parliament has the power to make laws on Residuary Subjects.
• Residuary powers are borrowed from the Canadian Constitution.

Examples of Residuary Subjects:

1. Space
2. Information Technology
3. Atomic Energy
4. Gift Tax
5. Wealth Tax
6. Expenditure Tax
7. Environment
8. Air Pollution

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14. Welfare Mechanism

Social welfare can be defined as government assistance or support for the upliftment of classes who are in a helpless situation due to social, economic, and political reasons and are unable to develop themselves.

Caste system plays a prominent role in the social life of India.

Varna system is the basis for the caste system.

Occupational division can be cited as a major reason for the caste system.

Based on the levels and nature of occupations, Indian society has been divided into higher castes, lower castes, and untouchables. Again, as this had to continue hereditarily, the social and economic status of those classes did not change and they remained in the same condition without any opportunity to improve.

Due to the rise of rationalist ideology during the freedom struggle, the framers of the Constitution included some special protections in the Constitution for the backward and weaker sections.

These backward and weaker sections are included in the Schedules of the Constitution and are called 'Scheduled Castes', 'Scheduled Tribes' by giving them special status. Some others call them 'Dalits'.

Gandhiji called SCs 'Harijans'.

'Scheduled Castes' term was first used by Simon Commission (in 1927).

Which of the following statements is/are correct?

A) National Commission for Backward Classes is a constitutional body

B) National Minorities Commission is a constitutional body

C) National Women's Commission is a statutory body

D) National Scheduled Tribes Commission is a constitutional body

(2) (Telangana Constables Prelims-2016)

1. 1) A, C and D
2. 2) A and B
3. 3) A, D and C
4. 4) B only

Special Protections Provided to SCs and STs in the Constitution:

• 15(4) - According to this, special facilities can be provided to those who are socially and educationally backward in SC/ST categories.
• 15(5) Article - According to this article, the government may make special laws regarding admission even in private educational institutions for the development of SC/STs.
• 16(4) - According to this, if the state government feels that there is no proper representation for backward classes in government jobs, it can provide reservations in appointments/jobs.
• 16(4A) - According to this, if the state government feels that there is no proper representation for SC/ST categories, it can make rules providing reservations in promotions also for them in some types of jobs.
• Article 17 - Abolished untouchability.
• Article 23 - Prohibition of illegal trafficking/purchase and sale of human beings/bonded labor.
• Article 46 - Special facilities to be provided for the development of weaker sections.

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• Article 164(1) - According to this article, in the states of Chhattisgarh, Jharkhand, Madhya Pradesh, Odisha, a minister in charge of tribal welfare must be appointed.
• Article 330 - According to this article, seats should be reserved for SC/STs in the Lok Sabha.
• Article 332 - According to this article, seats should be reserved for SC/STs in the State Legislative Assembly.
• Article 335 - In some cases, eligibility marks may be reduced for SC/ST categories in relation to special jobs.
• Article 338(1) - A SC Commission may be established at the national level to protect the interests of Scheduled Castes.
• Article 341(1) - The President has the power to define a caste as SC based on the Governor's report.
• Article 342(1) - The President has the power to define a caste as ST based on the Governor's report.
• The department at the central level that performs duties for the welfare of SCs is the Ministry of Social Justice and Empowerment.
• For the welfare of STs, there is the Tribal Welfare Department.

National Scheduled Castes/Tribes Commission

• According to Article 338 of the Constitution, the President was given the power to appoint an officer to protect the interests of the National Scheduled Castes and Tribes.
• On November 18, 1950, the first SC, ST Commissioner was appointed by the then President Rajendra Prasad.
• In 1978, the Janata Government at the Center, through an executive order, established a Commission in place of the Scheduled Castes and Tribes Commissioner.
• The first chairman of this was Bhola Paswan Shastri.
• In 1987, it was renamed as National Scheduled Castes and Tribes Commission.
• In 1990, through the 65th Constitutional Amendment, it was given constitutional status.
• After constitutional status, the first chairman of the National SC, ST Commission was S.H. Ramdhan, and the vice-chairman was Bandi Oraon.
• In the year 2003, through the 89th Constitutional Amendment, the National Commission for Scheduled Castes and Tribes was divided.
• This came into effect from February 19, 2004.
• According to this, by adding a new Article 338A to Article 338, a separate National ST Commission was established for STs.
• The first chairman of the National SC Commission thus formed was Suraj Bhan.
• The first chairman of the National Scheduled Tribes Commission was Kunwar Singh.

Chairmen of National SC, ST Commission

S.No.	Name	Period
1	S.H. Ramdhan	1992 - 1995
2	M. Hanumanthappa	1995 - 1998
3	Dilip Singh Bhuria	1998 - 2002
4	Vijay Shankar Shastri	2002 - 2004

National Scheduled Castes Commission:

• The provision describing the National SC Commission is 338.
• It consists of a Chairman + one Vice-Chairman + 3 other members.
• One woman must be a member.
• The Chairman has the rank of a Union Cabinet Minister, the Vice-Chairman has the rank of a Minister of State. Members hold the rank of Secretary to the Government of India.
• The headquarters of the National SC Commission is in Delhi.
• The e-magazine released by the National SC Commission every 3 months is - 'Anusuchit Jati Vani'.
• The term of office of the Chairman, Vice-Chairman and members is 3 years.
• This commission has the powers of a Civil Court.

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Functions of the Commission:

• To protect the benefits constitutionally guaranteed to STs.
• To receive complaints related to violations of the rights of STs.
• To advise the Central and State Governments in the policy process related to STs.
• To submit an annual report to the President on the performance of constitutional protection of STs.

National Scheduled Tribes Commission Chairpersons

S.No.	Name	Period
1	Kunwar Singh	2004-2007
2	Urmila Singh	2007-2010
3	Rameshwar Oraon	2010-2013
4	Rameshwar Oraon	2013-2016
5	Nand Kumar Sai	2017-2020
6	Harsh Chouhan	18 Feb 2021 - Present

• The President appoints the Chairman, Vice-Chairman and other members.
• 89th Constitutional Amendment in 2003 created the ST Commission.
• The provision added to the Constitution through this amendment is Article 338A.
• Article 338A established the National ST Commission in 2004.
• The headquarters of the National ST Commission is Delhi.
• The first chairman of the National ST Commission was Kunwar Singh.
• Article 338 A(1) stipulates that a National ST Commission should be established at the national level for Scheduled Tribes.
• Article 338 A(2) states that this commission will consist of a Chairman, Deputy Chairman, and three members (one woman member is mandatory).
• Their term of office is 3 years.
• The Chairman receives the status and salary of a Union Cabinet Minister.
• The Deputy Chairman receives the status and salary of a Union Minister of State.
• The President appoints the Chairman, Deputy Chairman, and members.
• The Commission has the power to regulate its own working procedures.
• The Commission submits its report to the President.
• The Commission has the status of a Civil Court.
• State governments should consult the National ST Commission on policy matters of STs.

• Year of establishment of the Union Ministry of Tribal Affairs: 1999.
• Year of establishment of the National Tribal Finance and Development Corporation: 2001.
• Year in which the 'Tribal Traditional Rights Act' was enacted: 2006.
• The President has the power to declare an area as a Scheduled Area.

SC, ST Atrocities Prevention Act - 1989
(SC/ST Prevention of Atrocities Act - 1989)

• This Act was enacted in 1989 and came into force from January 30, 1990.