National Commission for Scheduled Tribes (NCST): Functions, Structure, Challenges, and Future Directions

National Commission for Scheduled Tribes (NCST): Functions, Structure, Challenges and Future Directions

A Comprehensive Study for UPSC, State PCS, Law, and Political Science Aspirants

The National Commission for Scheduled Tribes (NCST) stands as a crucial constitutional body in India, dedicated to safeguarding the rights and promoting the welfare of the nation's diverse tribal communities. Established to address the unique challenges faced by Scheduled Tribes, the Commission plays a vital role in the constitutional framework by monitoring safeguards, investigating grievances, and advising the government on policy matters concerning STs. This comprehensive note delves into the historical background, constitutional basis, structure, functions, powers, challenges, and future directions of the NCST, providing a detailed understanding essential for students and researchers of Indian Polity.

1. Introduction

India, a land of immense diversity, is home to a significant population of Scheduled Tribes (STs), recognized for their distinct cultures, languages, and traditions. Despite constitutional provisions aimed at their upliftment and protection, tribal communities have historically faced marginalization, exploitation, and challenges in accessing resources and opportunities. To address these issues and ensure the effective implementation of constitutional and legal safeguards, the National Commission for Scheduled Tribes was established as a dedicated institutional mechanism.

The NCST serves as a watchdog, an advisory body, and a platform for grievance redressal, working towards the socio-economic development and empowerment of Scheduled Tribes across the country. Its role is pivotal in ensuring that the unique identity and rights of tribal populations are protected within the larger framework of Indian democracy.

2. Historical and Constitutional Background

The journey towards a dedicated commission for Scheduled Tribes reflects the evolving approach of the Indian state towards addressing the concerns of marginalized communities.

• Early Provisions: Initially, the Constitution, under Article 338, provided for a Special Officer for Scheduled Castes and Scheduled Tribes. This officer, known as the Commissioner for Scheduled Castes and Scheduled Tribes, was tasked with investigating matters relating to the safeguards provided for SCs and STs and reporting to the President.
• Evolution to Multi-Member Body: Recognizing the limitations of a single-member body to effectively cover the wide range of issues faced by both communities, a multi-member Commission for Scheduled Castes and Scheduled Tribes was established through a Government Resolution in 1978. This was an administrative body.
• Constitutional Status: The 65th Constitutional Amendment Act, 1990, provided constitutional status to the multi-member National Commission for Scheduled Castes and Scheduled Tribes, replacing the Special Officer. This Commission was mandated to protect the rights and safeguards of both SCs and STs.
• Bifurcation and Establishment of NCST: The distinct socio-economic and cultural identities, as well as the specific challenges faced by Scheduled Tribes, necessitated a separate body to provide focused attention. Consequently, the 89th Constitutional Amendment Act, 2003, bifurcated the National Commission for Scheduled Castes and Scheduled Tribes into two separate national commissions:
  • The National Commission for Scheduled Castes (NCSC) under Article 338.
  • The National Commission for Scheduled Tribes (NCST) under Article 338A.

The NCST came into existence in 2004 following the 89th Amendment. This marked a significant step towards acknowledging the unique needs and aspirations of Scheduled Tribes and providing them with a dedicated constitutional mechanism for the redressal of their grievances and the promotion of their welfare.

Key Takeaway: The establishment of the NCST is a result of a gradual evolution in the constitutional framework, moving from a single Special Officer to a joint commission and finally to a separate, dedicated body for Scheduled Tribes, recognizing their distinct status and challenges.

3. Relevant Articles of the Constitution

The National Commission for Scheduled Tribes primarily derives its mandate and functions from Article 338A of the Constitution. However, several other articles are also pertinent to the welfare and rights of Scheduled Tribes, which fall under the purview of the NCST's work.

• Article 338A: National Commission for Scheduled Tribes: This is the foundational article for the NCST. It outlines the establishment, composition, appointment of members, tenure, conditions of service, duties, and powers of the Commission.

  • Clause (1): Provides for a National Commission for Scheduled Tribes.
  • Clause (2): Details the composition of the Commission: a Chairperson, a Vice-Chairperson, and three other Members.
  • Clause (3): States that the Chairperson, Vice-Chairperson, and other Members shall be appointed by the President by warrant under his hand and seal.
  • Clause (4): Empowers the President to determine the conditions of service and tenure of office of the Chairperson, Vice-Chairperson, and other Members by rule.
  • Clause (5): Lists the duties and functions of the Commission.
  • Clause (6): Requires the Commission to present annual reports to the President upon the working of the safeguards for STs, and at such other times as the Commission may deem fit.
  • Clause (7): Mandates the President to cause such reports to be laid before each House of Parliament, along with a memorandum explaining the action taken or proposed to be taken on the recommendations and the reasons for non-acceptance, if any.
  • Clause (8): Vests the Commission with the powers of a civil court trying a suit while investigating any matter or inquiring into any complaint.
  • Clause (9): Requires the Union and every State Government to consult the Commission on all major policy matters affecting Scheduled Tribes.

• Article 342: Scheduled Tribes: This article provides the process for the identification and notification of Scheduled Tribes.

  • Clause (1): Empowers the President, after consultation with the Governor of a State, to specify by public notification the tribes or tribal communities, or parts of or groups within tribes or tribal communities, which shall be deemed to be Scheduled Tribes in relation to that State or Union Territory.
  • Clause (2): States that Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community.

• Article 244: Administration of Scheduled Areas and Tribal Areas: This article deals with the application of the Fifth and Sixth Schedules of the Constitution, which provide for special systems of administration for Scheduled Areas and Tribal Areas predominantly inhabited by Scheduled Tribes. The NCST's monitoring function extends to the implementation of provisions under these schedules.

  • Clause (1): Applies the provisions of the Fifth Schedule to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the states of Assam, Meghalaya, Tripura, and Mizoram.
  • Clause (2): Applies the provisions of the Sixth Schedule to the administration of the tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram.

• Article 275: Grants from the Union to certain States: This article provides for grants-in-aid from the Consolidated Fund of India to states in need of assistance, including specific provisions for promoting the welfare of Scheduled Tribes and raising the level of administration of Scheduled Areas. The NCST may advise on the effective utilization of these grants for tribal development.

Article Map: Key Constitutional Provisions Related to STs and NCST

graph TD
    A[Constitution of India] --> B[Part XVI: Special Provisions Relating to Certain Classes];
    B --> C[Article 338: NCSC];
    B --> D[Article 338A: NCST];
    B --> E[Article 342: Scheduled Tribes];
    A --> F[Part X: The Scheduled and Tribal Areas];
    F --> G[Article 244: Administration of Scheduled Areas and Tribal Areas];
    A --> H[Part XII: Finance, Property, Contracts and Suits];
    H --> I[Article 275: Grants from the Union to certain States];
    D --> J[Functions & Powers of NCST];
    D --> K[Composition & Appointment];
    D --> L[Reports to President];
    E --> M[Identification of STs];
    G --> N[Fifth Schedule Areas];
    G --> O[Sixth Schedule Areas];
    I --> P[Grants for Tribal Welfare & Administration];
    J --> M;
    J --> N;
    J --> O;
    J --> P;

Key Takeaway: Article 338A is the primary source of the NCST's authority, but its work is deeply intertwined with other constitutional provisions aimed at the identification, administration, and welfare of Scheduled Tribes.

4. Structure and Composition

The National Commission for Scheduled Tribes is a multi-member body. As per Article 338A(2), the Commission consists of:

• A Chairperson
• A Vice-Chairperson
• Three other Members

Appointment: The Chairperson, Vice-Chairperson, and all other Members are appointed by the President of India by warrant under his hand and seal.

Conditions of Service and Tenure: The conditions of service and tenure of office of the Chairperson, Vice-Chairperson, and other Members are determined by the President by rule (Article 338A(4)).

Currently, the term of office for the Chairperson, Vice-Chairperson, and Members is three years from the date of assumption of charge. Members are eligible for re-appointment for a maximum of two terms.

Rank: To ensure the dignity and authority of the Commission, the Chairperson, Vice-Chairperson, and Members are accorded high status:

• The Chairperson is given the rank of a Union Cabinet Minister.
• The Vice-Chairperson is given the rank of a Minister of State.
• The other Members have the rank of a Secretary to the Government of India.

Secretariat: The Commission has a secretariat to assist it in its functions. The headquarters of the NCST is in New Delhi. The Commission also has regional offices in various states to facilitate its work at the ground level.

Composition Table:

Note: At least one of the members is typically a woman.

Key Takeaway: The NCST is composed of a Chairperson, Vice-Chairperson, and three members, appointed by the President for a fixed tenure, with ranks equivalent to high government functionaries, emphasizing the constitutional importance of the body.

5. Functions and Powers

The functions of the National Commission for Scheduled Tribes are broad and cover various aspects of the protection, welfare, and development of STs. These are primarily laid down in Article 338A(5) and further specified by the President.

Primary Functions (Article 338A(5)):

• Investigate and Monitor: To investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under the Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards.
  • Significance: This function involves reviewing the implementation of policies, laws (like the Protection of Civil Rights Act, 1955, and the SC and ST (Prevention of Atrocities) Act, 1989), and constitutional provisions related to STs.
• Inquire into Complaints: To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes.
  • Significance: The Commission acts as a redressal forum for individual or group grievances of tribal people whose rights have been violated.
• Participate and Advise on Planning: To participate and advise on the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State.
  • Significance: The Commission plays a crucial advisory role in shaping policies and programs for tribal development, ensuring they are effective and address the specific needs of different tribal communities.
• Report to the President: To present to the President, annually and at such other times as it may deem fit, reports upon the working of those safeguards.
  • Significance: These reports are vital documents that highlight the status of tribal rights, the effectiveness of safeguards, and the challenges faced by STs, bringing them to the attention of the highest executive authority and subsequently, Parliament.
• Recommendations for Implementation: To make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare, and socio-economic development of the Scheduled Tribes.
  • Significance: The Commission's recommendations serve as guidelines for the government to improve policies and their implementation for tribal welfare.
• Discharge Other Functions: To discharge such other functions in relation to the protection, welfare, development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule specify.
  • Significance: This clause provides flexibility for assigning additional responsibilities to the Commission based on emerging needs.

Other Functions Specified by the President (Under NCST (Specification of Other Functions) Rules, 2005):

The President has specified several other functions for the NCST, which include measures to be taken regarding:

• Conferring ownership rights in respect of minor forest produce to STs living in forest areas (related to the Forest Rights Act, 2006).
• Safeguarding rights of tribal communities over mineral resources, water resources, etc., as per law.
• Development of tribals and working for more viable livelihood strategies.
• Improving the efficacy of relief and rehabilitation measures for tribal groups displaced by development projects.
• Preventing alienation of tribal people from land and effectively rehabilitating those whose land has already been alienated.
• Eliciting maximum cooperation and involvement of tribal communities for protecting forests and undertaking social afforestation.
• Ensuring full implementation of the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA).

Powers of a Civil Court (Article 338A(8)):

While investigating any matter or inquiring into any complaint, the NCST is vested with all the powers of a civil court trying a suit. These powers include:

• Summoning and enforcing the attendance of any person from any part of India and examining him on oath.
• Requiring the discovery and production of any document.
• Receiving evidence on affidavits.
• Requisitioning any public record or copy thereof from any court or office.
• Issuing summons for the examination of witnesses and documents.
• Any other matter which the President may, by rule, determine.

Note: The Supreme Court has clarified that while the Commission has powers of a civil court for investigation and inquiry, these powers do not extend to granting injunctions (temporary or permanent) or staying proceedings.

Consultation (Article 338A(9)):

The Union and every State Government are required to consult the Commission on all major policy matters affecting Scheduled Tribes. This provision aims to ensure that the Commission's expertise and perspective are considered in the formulation of policies related to tribal affairs.

Key Takeaway: The NCST has wide-ranging functions encompassing investigation, inquiry, advice, and reporting. It possesses significant powers of a civil court for its investigative work and is mandated to be consulted on major policy matters concerning STs.

6. Judicial Interpretations and Landmark Cases

Supreme Court judgments have played a crucial role in interpreting the powers and scope of constitutional bodies like the NCST (and its predecessor, the joint commission).

• All India Indian Overseas Bank SC and ST Employees' Welfare Association vs. Union of India (1996): This case, though related to the erstwhile joint Commission, clarified the nature and limits of the Commission's powers akin to a civil court. The Supreme Court held that the Commission's powers under Article 338 (which were similar to the powers now under Article 338A) are for the purpose of investigating matters and inquiring into complaints. These powers do not include the power to issue injunctions or stay orders. The Court emphasized that conferring the powers of a civil court for specific purposes does not convert the Commission into a civil court with all its inherent powers.

• Marri Chandra Shekhar Rao v. Dean, Seth G.S. Medical College (1990): This landmark judgment established that a person belonging to a Scheduled Tribe in one State cannot automatically claim the benefits of Scheduled Tribe status in another State unless that tribe is also recognized as a Scheduled Tribe in the destination State under Article 342. While not directly about the NCST's powers, this judgment has significant implications for the Commission's work in verifying the Scheduled Tribe status of individuals, particularly in cases of migration.

• State of Punjab & Ors. v. Davinder Singh & Ors. (2020): In this significant ruling, the Supreme Court held that the States have the power to make sub-classifications within the list of Scheduled Castes and Scheduled Tribes to provide preferential treatment to the most backward among them. This judgment, while potentially leading to more equitable distribution of benefits, also presents a complex scenario for the NCST in monitoring the implementation of reservation policies and ensuring that sub-classification does not lead to the exclusion of deserving communities.

Key Takeaway: Judicial pronouncements have defined the boundaries of the NCST's powers, particularly clarifying that its civil court-like authority is limited to investigation and inquiry, not broader judicial functions like granting injunctions. Judgments related to ST status and sub-classification also influence the Commission's operational context.

7. Contemporary Relevance & Challenges

The National Commission for Scheduled Tribes remains highly relevant in contemporary India, given the persistent challenges faced by tribal communities, including:

• Land Alienation: Displacement due to development projects, illegal land transfers, and inadequate rehabilitation remain major issues.
• Forest Rights: Ensuring the effective implementation of the Forest Rights Act, 2006, and protecting the rights of forest-dwelling STs over forest land and produce.
• Access to Justice: Challenges in registering FIRs, delayed investigations, and low conviction rates in cases of atrocities against STs.
• Socio-economic Development: Disparities in education, health, livelihoods, and infrastructure in tribal areas.
• Cultural Preservation: Protecting tribal languages, cultures, and traditions from external pressures.
• Implementation of PESA: Ensuring the effective functioning of Panchayats (Extension to the Scheduled Areas) Act, 1996, which aims to grant greater autonomy to tribal communities in Scheduled Areas.

Despite its crucial mandate, the NCST faces several operational and structural challenges that can impede its effectiveness:

• Limited Enforcement Powers: The recommendations made by the NCST are advisory in nature and not binding on the government. This significantly limits its ability to ensure compliance and enforce its directives.
• Administrative and Financial Constraints: The Commission often functions under the Ministry of Tribal Affairs, which can raise questions about its autonomy and independence in budgeting and operations.,
• Manpower Shortages and Vacancies: The NCST has historically faced issues with vacant positions, including at the level of Chairperson and Members, as well as insufficient support staff., This affects its capacity to conduct investigations, inquiries, and monitor effectively.
• Lack of Awareness and Outreach: Many tribal communities, especially in remote areas, are unaware of the existence and functions of the NCST, limiting their ability to approach the Commission for redressal.
• Delayed Submission of Reports: There have been instances of significant delays in the submission of the Commission's annual reports to the President, which hinders timely parliamentary scrutiny and action on tribal issues.
• Irregular Meetings and Slow Case Resolution: Reports have indicated irregular meetings of the Commission and a high rate of pendency of cases, leading to prolonged resolution times.,
• Lack of Mandatory Consultation: While Article 338A(9) mandates consultation on major policy matters, reports suggest that states and departments sometimes fail to consult the NCST, leading to policies being framed without the Commission's input.

Key Takeaway: While the NCST addresses critical issues faced by Scheduled Tribes, its effectiveness is often hampered by limited enforcement powers, resource constraints, staffing issues, and challenges in outreach and timely functioning.

8. Comparative Analysis (Brief)

Comparing the NCST with similar bodies or mechanisms in other contexts can offer valuable insights.

• NCST vs. NCSC: While both are constitutional bodies established under similar articles (338A and 338 respectively) with comparable structures and functions, they cater to distinct communities with different historical contexts and challenges. The issues faced by STs (e.g., forest rights, land alienation in Scheduled Areas) are often geographically and culturally distinct from those faced by SCs (e.g., untouchability, caste-based discrimination in different settings). The bifurcation was a recognition of these differences.
• NCST vs. Human Rights Commissions: National and State Human Rights Commissions in India are statutory bodies (established by an Act of Parliament) rather than constitutional bodies. While they can inquire into human rights violations, including those affecting STs, the NCST has a specific mandate focused solely on Scheduled Tribes and their constitutional safeguards and socio-economic development.
• Mechanisms in Other Federal Systems: In some federal countries with indigenous populations (e.g., Australia, Canada), dedicated commissions or agencies exist to address indigenous affairs. The specific structures, powers, and effectiveness of these bodies vary, often reflecting the historical relationship between the state and indigenous peoples, land rights issues, and self-governance arrangements. A detailed comparative analysis would require examining the specific legal frameworks and powers granted to these bodies in their respective countries.

Key Takeaway: The NCST is a unique constitutional body within the Indian framework, distinct from other commissions by its specific focus on Scheduled Tribes, although sharing some commonalities in function with bodies protecting other marginalized groups. Its powers and effectiveness are shaped by the Indian constitutional design.

9. Conclusion & Summary

The National Commission for Scheduled Tribes is an indispensable constitutional authority entrusted with the critical responsibility of protecting and promoting the interests of Scheduled Tribes in India. Its establishment under Article 338A signifies the constitutional commitment to addressing the historical injustices and ongoing challenges faced by these communities. The Commission's functions, ranging from investigating grievances and monitoring safeguards to advising on development policies, are vital for ensuring the effective implementation of constitutional provisions and laws aimed at tribal welfare.

However, the effectiveness of the NCST is contingent upon addressing the significant challenges it faces, particularly concerning its limited enforcement powers, administrative autonomy, staffing, and timely functioning. Strengthening the Commission through legislative measures to enhance its powers, ensuring adequate financial and human resources, promoting greater awareness among tribal communities, and mandating timely consultation by government bodies are crucial steps towards enabling the NCST to fully realize its potential as a guardian of tribal rights and a catalyst for their socio-economic advancement.

The NCST's work is intrinsically linked to the broader goal of achieving social justice, equity, and inclusive development for all sections of Indian society, particularly those who have historically been marginalized. A strong and effective NCST is essential for upholding the spirit of the Constitution and ensuring a dignified life for the Scheduled Tribes of India.

Summary Table: NCST at a Glance

10. Practice Questions & Answers

To reinforce your understanding of the National Commission for Scheduled Tribes, attempt the following practice questions:

✅ Multiple-Choice Questions (MCQs)

1. The National Commission for Scheduled Tribes was established by which Constitutional Amendment Act? (a) 61st Amendment Act (b) 65th Amendment Act (c) 89th Amendment Act (d) 91st Amendment Act

2. The National Commission for Scheduled Tribes is a: (a) Statutory Body (b) Constitutional Body (c) Executive Body (d) Advisory Body only

3. The Chairperson, Vice-Chairperson, and Members of the NCST are appointed by the: (a) Prime Minister (b) Speaker of Lok Sabha (c) President of India (d) Minister of Tribal Affairs

4. Which Article of the Constitution deals with the National Commission for Scheduled Tribes? (a) Article 338 (b) Article 338A (c) Article 340 (d) Article 342

5. While investigating a matter, the NCST has the powers of a: (a) Criminal Court (b) Civil Court (c) High Court (d) Supreme Court

Detailed Answer Explanations for MCQs:

1. (c) 89th Amendment Act: The 89th Constitutional Amendment Act of 2003 bifurcated the erstwhile National Commission for Scheduled Castes and Scheduled Tribes and established the NCST under Article 338A.
2. (b) Constitutional Body: The NCST is explicitly provided for in Article 338A of the Constitution of India, making it a constitutional body.
3. (c) President of India: As per Article 338A(3), the Chairperson, Vice-Chairperson, and other Members of the NCST are appointed by the President of India by warrant under his hand and seal.
4. (b) Article 338A: Article 338A of the Constitution of India specifically deals with the National Commission for Scheduled Tribes. Article 338 deals with the National Commission for Scheduled Castes.
5. (b) Civil Court: Article 338A(8) vests the NCST with all the powers of a civil court trying a suit while investigating any matter or inquiring into any complaint.

🔍 Scenario-Based Questions

1. A tribal community in a Scheduled Area is facing displacement due to a proposed mining project, and they allege that the proper procedures under the Fifth Schedule and PESA have not been followed. What is the potential role of the National Commission for Scheduled Tribes in this scenario?

   • Approach: Consider the functions of the NCST related to investigating safeguards, inquiring into complaints, advising on policy, and ensuring the implementation of laws like PESA. The NCST can inquire into the specific complaint, investigate whether constitutional safeguards and relevant laws are being followed, and make recommendations to the concerned government(s) regarding the protection of the community's rights and proper rehabilitation.

2. The State Government is formulating a new policy for the socio-economic development of Scheduled Tribes. What is the constitutional obligation of the State Government regarding the National Commission for Scheduled Tribes in this process?

   • Approach: Refer to Article 338A(9). The State Government is constitutionally required to consult the National Commission for Scheduled Tribes on all major policy matters affecting Scheduled Tribes. This ensures that the Commission's expertise and perspective are considered during policy formulation.

🔄 Match-the-following / Chronology exercises

Match the following Articles with their subject matter:

Solution:

• Article 338A - National Commission for Scheduled Tribes
• Article 342 - Specification of Scheduled Tribes
• Article 244 - Administration of Scheduled and Tribal Areas
• Article 275 - Grants from the Union to certain States

Arrange the following in chronological order of their establishment/enactment:

1. Constitution (89th Amendment) Act
2. Special Officer for SCs and STs
3. National Commission for Scheduled Castes and Scheduled Tribes (Constitutional Body)
4. National Commission for Scheduled Tribes

Solution:

1. Special Officer for SCs and STs (Original Constitution, Article 338)
2. National Commission for Scheduled Castes and Scheduled Tribes (Constitutional Body) (65th Amendment Act, 1990)
3. Constitution (89th Amendment) Act (2003)
4. National Commission for Scheduled Tribes (Established in 2004 following the 89th Amendment)

🧠 Diagram-based/Case-based reasoning

Consider the following scenario: The National Commission for Scheduled Tribes receives a complaint from a tribal individual alleging that they were denied a promotion in a government job despite being eligible for reservation, and they suspect discrimination.

Based on the powers of the NCST as a civil court, what specific actions can the Commission take to investigate this complaint?

• Reasoning: Drawing upon the civil court powers listed in Article 338A(8), the NCST can:
  • Summon the concerned authorities from the government department and the complainant to appear before it.
  • Require the production of relevant documents, such as promotion policies, service records, and communication related to the promotion process.
  • Examine witnesses (both the complainant, the authorities, and potentially other employees) on oath.
  • Requisition relevant public records from the concerned office.

These actions allow the Commission to gather evidence and ascertain the facts of the case to determine if there was a deprivation of rights or safeguards.

12. Practice Questions and Answers

To test your understanding of the Election Commission of India, attempt the following practice questions:

✅ Multiple-Choice Questions (MCQs)

1. Which Article of the Indian Constitution deals with the establishment and functions of the Election Commission of India? (a) Article 320 (b) Article 324 (c) Article 328 (d) Article 332

   Answer: (b) Article 324 Explanation: Article 324 of the Constitution provides for the superintendence, direction, and control of elections to Parliament, State Legislatures, and the offices of President and Vice-President to be vested in the Election Commission.

2. The Chief Election Commissioner of India can be removed from office through a process similar to the removal of: (a) The Attorney General of India (b) A Judge of the High Court (c) A Judge of the Supreme Court (d) The Comptroller and Auditor General of India

   Answer: (c) A Judge of the Supreme Court Explanation: Article 324(5) states that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court.

3. The Election Commission of India does NOT conduct elections to the: (a) Lok Sabha (b) State Legislative Assemblies (c) Office of the President (d) Panchayats and Municipalities

   Answer: (d) Panchayats and Municipalities Explanation: Elections to Panchayats and Municipalities in the states are conducted by the respective State Election Commissions, which are separate bodies constituted under the Constitution.

4. Prior to October 1989, the Election Commission of India was a: (a) Multi-member body with five members (b) Single-member body (c) Multi-member body with three members (d) Body whose composition was decided annually

   Answer: (b) Single-member body Explanation: From its inception in 1950 until October 16, 1989, the Election Commission was a single-member body consisting only of the Chief Election Commissioner.

5. The landmark Supreme Court case that addressed the appointment process of the Chief Election Commissioner and Election Commissioners, suggesting a committee including the Prime Minister, Leader of Opposition, and Chief Justice of India (prior to the 2023 Act), is: (a) S.P. Gupta v. Union of India (b) T.N. Seshan v. Union of India (c) Anoop Baranwal v. Union of India (d) Kesavananda Bharati v. State of Kerala

   Answer: (c) Anoop Baranwal v. Union of India Explanation: The Supreme Court's judgment in Anoop Baranwal v. Union of India (2023) recommended a selection committee for the appointment of CEC and ECs to ensure greater independence, pending parliamentary legislation.

🔍 Scenario-Based Questions

1. Scenario: During a State Assembly election campaign, a prominent political leader delivers a speech that is widely considered to be hate speech, violating the Model Code of Conduct. What immediate actions can the Election Commission of India take in such a scenario, and what are the limitations of its powers in enforcing the MCC?

   Answer Explanation: In this scenario, the Election Commission of India (ECI) can take the following immediate actions based on its powers under Article 324 and its authority to enforce the Model Code of Conduct (MCC):

   • Issue a Notice: The ECI can issue a notice to the political leader and their party, seeking an explanation for the alleged violation of the MCC.
   • Issue a Warning or Censure: If the explanation is not satisfactory or a violation is confirmed after due inquiry, the ECI can issue a warning or censure the leader/party.
   • Campaign Ban: In severe cases of repeated or blatant violations, the ECI can prohibit the leader from campaigning for a specific period.
   • Direct Registration of FIR: While the MCC itself is not legally enforceable, the ECI can direct the election machinery (District Election Officer, Returning Officer) to register an FIR under relevant sections of the Indian Penal Code or the Representation of the People Act, 1951, if the speech also constitutes a criminal offense (e.g., promoting enmity between groups).

   Limitations:

   • MCC lacks Statutory Backing: The primary limitation is that the MCC is not a legally enforceable document in itself. The ECI's power to enforce it stems from its constitutional mandate under Article 324.
   • Dependence on Officials: The ECI relies on the district administration and police to implement its directives regarding the MCC. Cooperation from these authorities is crucial.
   • Judicial Review: Decisions made by the ECI regarding MCC violations can be subject to judicial review, although courts are generally reluctant to interfere with the electoral process once it has begun (as per Article 329).
   • Taking Strong Action: While the ECI can issue warnings and bans, taking very stringent actions like deregistering a party for MCC violations can be legally complex and may face challenges.

2. Scenario: The term of the Chief Election Commissioner is about to end. The President needs to appoint a new Chief Election Commissioner. Describe the process of appointment of the Chief Election Commissioner according to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

   Answer Explanation: According to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the process of appointing the Chief Election Commissioner (and other Election Commissioners) is as follows:

   • Search Committee: A Search Committee, headed by the Union Minister of Law and Justice, is formed. This committee is tasked with preparing a panel of five persons for consideration for appointment as CEC or EC. The potential candidates should hold or have held a post equivalent to Secretary to the Government of India and possess integrity and experience in managing and conducting elections.
   • Selection Committee: The Search Committee's panel is then sent to a Selection Committee. The Selection Committee comprises:
     • The Prime Minister (Chairperson)
     • The Leader of the Opposition in the Lok Sabha (Member)
     • A Union Cabinet Minister to be nominated by the Prime Minister (Member)
   • Recommendation to the President: The Selection Committee considers the panel of names provided by the Search Committee and recommends a suitable candidate for appointment as the Chief Election Commissioner to the President of India.
   • Appointment by the President: The President of India formally appoints the Chief Election Commissioner based on the recommendation of the Selection Committee.

   This process, introduced by the 2023 Act, replaced the earlier system where appointments were made by the President on the recommendation of the executive, and it also superseded the Supreme Court's interim direction in the Anoop Baranwal case regarding the inclusion of the Chief Justice of India in the selection committee.

🔄 Match the Following

Match the following constitutional articles with their respective provisions related to the Election Commission of India:

Answer:

1. (d)
2. (c)
3. (b)
4. (a)

Explanation:

• Article 324 establishes the ECI and vests in it the power of superintendence, direction, and control of elections.
• Article 325 prohibits discrimination on grounds of religion, race, caste, or sex in the preparation of electoral rolls.
• Article 326 provides for universal adult suffrage as the basis for elections to the Lok Sabha and State Legislative Assemblies.
• Article 329 bars the interference of courts in electoral matters, particularly once the election process has commenced.

Recommended Books

You can explore these highly recommended resources for a deeper understanding.

• Indian Polity (English) by M Laxmikanth for UPSC CSE 2025 | 7th edition (latest) | Civil Services Exam - Prelims, Mains and Interview | State PSCs exams/ PCS exams - by M Laxmikanth
• Oswaal NCERT One For All Book for UPSC & State PSCs | Indian Polity Classes 6-12 - by Oswaal Editorial Board
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