jbp123/hello · Datasets at Hugging Face

instruction stringlengths 1 84	input stringlengths 1 85	output stringlengths 1 83
Provisions of Panchayats (Extension to the Scheduled	Areas) Act, 1996	(viii) Measures to be taken to reduce and ultimately eliminate the
practice of shifting cultivation by tribals that lead to their	continuous disempowerment and degradation of land and	the environment
REPORT OF THE COMMISSION	The Commission presents an annual report to the President. It	can also submit a report as and when it thinks necessary.
The President places all such reports before the Parliament,	along with a memorandum explaining the action taken on the	recommendations made by the Commission. The memorandum
should also contain the reasons for the non-acceptance of any of	such recommendations.	The President also forwards any report of the Commission
pertaining to a state government to the state governor. The	governor places it before the state legislature, along with a	memorandum explaining the action taken on the
recommendations of the Commission. The memorandum should	also contain the reasons for the non-acceptance of any of such	recommendations.
POWERS OF THE COMMISSION	The Commission is vested with the power to regulate its own	procedure.
The Commission, while investigating any matter or inquiring	into any complaint, has all the powers of a civil court trying a suit	and in particular in respect of the following matters:
(a) summoning and enforcing the attendance of any person from	any part of India and examining him on oath;	(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;	(d) requisitioning any public record from any court or office;	(e) issuing summons for the examination of witnesses and
documents; and	(f) any other matter which the President may determine.	The Central government and the state governments are
required to consult the Commission on all major policy matters	affecting the STs.	NOTES AND REFERENCES
1. Article 338-A is contained in Part XVI entitled as	‘Special Provisions Relating to Certain Classes’. This	Article was inserted by the 89th Constitutional
Amendment Act of 2003.	2. The Act came into force on 12–03-1992.	3. The constitutional safeguards for the SCs and STs are
explained in Chapter 68.	4. The Ministry of Social Justice and Empowerment co-	ordinates all activities relating to the SCs.
5. The Act came into force on 19–02-2004.	6. Under the Rules, they hold office for a term of three	years.
49 National Commission for BCs	ESTABLISHMENT OF THE COMMISSION	In the Mandal case1 judgement (1992), the Supreme Court
directed the central government to constitute a permanent	statutory body to examine the complaints of underinclusion, over-	inclusion or non-inclusion of any class of citizens in the list of
backward classes. Accordingly, the National Commission for	Backward Classes (NCBC) was set up in 19932 .	Later, the 102nd Amendment Act of 2018 conferred a
constitutional status on the Commission. For this purpose, the	amendment inserted a new Article 338-B in the constitution.	Hence, the Commission ceased to be a statutory body and
became a constitutional body3 .	Further, the scope of functions assigned to the Commission is	also enlarged under the new dispensation. This was done in order
to safeguard the interests of the socially and educationally	backward classes more effec-tively4. In other words, the	constitutional status of the new Commission is at par with the
National Commission for Scheduled Castes (NCSC) and the	National Commission for Scheduled Tribes (NCST).	The Commission consists of a chairperson, a vice-chairperson
and three other members. They are appointed by the President by	warrant under his hand and seal. Their conditions of service and	tenure of office are also determined by the President5 .
FUNCTIONS OF THE COMMISSION	The functions of the Commission are the following:	(a) To investigate and monitor all matters relating to the
constitutional and other legal safeguards for the socially and	educationally backward classes and to evaluate their	working.
(b) To inquire into specific complaints with respect to the	deprivation of rights and safeguards of the socially and	educationally backward classes.
(c) To participate and advise on the socioeconomic development	of the socially and educationally backward classes and to	evaluate the progress of their development under the Union
or a state.	(d) To present to the President, annually and at such other times	as it may deem fit, reports upon the working of those
safeguards.	(e) To make recommendations as to the measures that should	be taken by the Union or a state for the effective
implementation of those safeguards and other measures for	the protection, welfare and socio-economic development of	the socially and educationally backward classes.
(f) To discharge such other functions in relation to the protection,	welfare, development and advancement of the socially and	educationally backward classes as the President may
REPORT OF THE COMMISSION	The Commission presents an annual report to the President. It	can also submit a report as and when it thinks necessary.
The President places all such reports before the Parliament,	along with a memorandum explaining the action taken on the	recommendations made by the Commission. The memorandum
should also contain the reasons for the non-acceptance of any of	such recommendations.	The President also forwards any report of the Commission
pertaining to a state government to the state government. The	government places it before the state legislature, along with a	memorandum explaining the action taken on the
recommendations of the Commission. The memorandum should	also contain the reasons for the non-acceptance of any of such	recommendations.
POWERS OF THE COMMISSION	The Commission is vested with the power to regulate its own	procedure.
The Commission, while investigating any matter or enquiring	into any complaint, has all the powers of a civil court trying a suit	and in particular in respect of the following matters:
(a) Summoning and enforcing the attendance of any person	from any part of India and examining him on oath	(b) Requiring the discovery and production of any document
(c) Receiving evidence on affidavits	(d) Requisitioning any public record from any court or office	(e) Issuing summons for the examination of witnesses and
documents	(f) Any other matter which the President may determine	The central government and the state governments are
required to consult the Commission on all major policy matters	affecting the socially and educationally backward classes.	NOTES AND REFERENCES
1. Indra Sawhney Vs. Union of India (1992).	2. Vide the National Commission for Backward Classes	Act, 1993.
3. The National Commission for Backward Classes	(Repeal) Act, 2018, repealed the National Commission	for Backward Classes Act, 1993.
4. The 102nd Amendment Act of 2018 inserted a new	Article 342-A enabling the President to specify the	socially and educationally backward classes.
50 Special Officer for Linguistic	Minorities	CONSTITUTIONAL PROVISIONS
Originally, the Constitution of India did not make any provision with	respect to the Special Officer for Linguistic Minorities1. Later, the	States Reorganisation Commission (1953–55) made a
recommendation in this regard. Accordingly, the Seventh	Constitutional Amendment Act of 1956 inserted a new Article 350-	B in Part XVII of the Consti-tution2. This article contains the
following provisions:	1. There should be a Special Officer for Linguistic Minorities.	He is to be appointed by the President of India.
2. It would be the duty of the Special Officer to investigate all	matters relating to the safeguards provided for linguistic	minorities under the Constitution3. He would report to the
President upon those matters at such intervals as the	President may direct. The President should place all such	reports before each House of Parliament and send to the
governments of the states concerned.	It must be noted here that the Constitution does not specify the	qualifications, tenure, salaries and allowances, service conditions
COMMISSIONER FOR LINGUISTIC MINORITIES	In pursuance of the provision of Article 350-B of the Constitution,	the office of the Special Officer for Linguistic Minorities was
created in 1957. He is designated as the Commissioner for	Linguistic Minorities.	The Commissioner has his headquarters at Allahabad (Uttar
Pradesh). He has three regional offices at Belgaum (Karnataka),	Chennai (Tamil Nadu) and Kolkata (West Bengal). Each is headed	by an Assistant Commissioner.
The Commissioner is assisted at headquarters by Deputy	Commissioner and an Assistant Commissioner. He maintains	liaison with the State Governments and Union Territories through
nodal officers appointed by them.	At the Central level, the Commissioner falls under the Ministry	of Minority Affairs. Hence, he submits the annual reports or other
ROLE OF THE COMMISSIONER	The Commissioner takes up all the matters pertaining to the	grievances arising out of the non-implementation of the
Constitutional and Nationally Agreed Scheme of Safeguards	provided to linguistic minorities that come to its notice or are	brought to its knowledge by the linguistic minority individuals,
groups, associations or organisations at the highest political and	administrative levels of the state governments and UT	administrations and recommends remedial actions to be taken5 .
To promote and preserve linguistic minority groups, the Ministry	of Minority Affairs has requested the State Governments / Union	Territories to give wide publicity to the constitutional safeguards
provided to linguistic minorities and to take necessary	administrative measures. The state governments and UT	Administrations were urged to accord priority to the
implementation of the scheme of safeguards for linguistic	minorities. The Commissioner launched a 10 point programme to	lend fresh impetus to Governmental efforts towards the
VISION AND MISSION	The vision and mission of the Commissioner are mentioned here.7	Vision
Streamlining and strengthening implementation machinery and	mechanism for effective implementation of the Constitutional	safeguards for the Linguistic Minorities, thereby ensuring
protection of the rights of speakers of the minority languages so	as to provide them equal opportunities for inclusive and integrated	development.
Mission	To ensure that all the states / U.T.s effectively implement the	Constitutional safeguards and the nationally agreed scheme of
FUNCTIONS AND OBJECTIVES	In more detail, the functions and objectives of the Commissioner	are as follows8 :
Functions	1. To investigate all matters related to safeguards provided to	the linguistic minorities
2. To submit to the President of India, the reports on the status	of implementation of the Constitutional and the nationally	agreed safeguards for the linguistic minorities
3. To monitor the implementation of safeguards through	questionnaires, visits, conferences, seminars, meetings,	review mechanism, etc
Objectives	1. To provide equal opportunities to the linguistic minorities for	inclusive development and national integration
2. To spread awareness amongst the linguistic minorities about	the safeguards available to them	3. To ensure effective implementation of the safeguards
provided for the linguistic minorities in the Constitution and	other safeguards, which are agreed to by the states / U.T.s	4. To handle the representations for redress of grievances
related to the safeguards for linguistic minorities	NOTES AND REFERENCES	1. A linguistic minority is a group of people whose mother
tongue is different from that of the majority in the state	or part of a state. Thus, the linguistic minorities are	determined on a state-wise basis.
2. Part XVII is entitled as ‘Official Language’ and consists	of four chapters. Article 350-B is contained in the fourth	chapter entitled as ‘Special Directives’.
3. The constitutional safeguards for linguistic minorities	are explained in Chapter 65.	4. So far, 52 reports have been presented.
5. India 2013, Publications Division, Government of India,	p. 1012.	6. Annual Report 2011–2012, Ministry of Minority Affairs,
Government of India, p. 38.	7. 47th Report of the Commissioner for Linguistic	Minorities, July 2008 to June 2010, p. 222.
51 Comptroller and Auditor General of	India	T
he Constitution of India (Article 148) provides for an	independent office of the Comptroller and Auditor General	of India (CAG). He is the head of the Indian Audit and
Accounts Department1. He is the guardian of the public purse and	controls the entire financial system of the country at both the	levels–the Centre and the state. His duty is to uphold the
Constitution of India and laws of Parliament in the field of financial	administration. This is the reason why Dr. B.R. Ambedkar said	that the CAG shall be the most important Officer under the
Constitution of India2. He is one of the bulwarks of the democratic	system of government in India; the others being the Supreme	Court, the Election Commission and the Union Public Service
APPOINTMENT AND TERM	The CAG is appointed by the president of India by a warrant	under his hand and seal. The CAG, before taking over his office,
makes and subscribes before the president an oath or affirmation:	1. to bear true faith and allegiance to the Constitution of India;	2. to uphold the sovereignty and integrity of India;
3. to duly and faithfully and to the best of his ability, knowledge	and judgement perform the duties of his office without fear or	favour, affection or ill-will; and
4. to uphold the Constitution and the laws.	He holds office for a period of six years or upto the age of 65	years, whichever is earlier. He can resign any time from his office
by addressing the resignation letter to the president. He can also	be removed by the president on same grounds and in the same	manner as a judge of the Supreme Court. In other words, he can
be removed by the president on the basis of a resolution passed	to that effect by both the Houses of Parliament with special	majority, either on the ground of proved misbehaviour or
INDEPENDENCE	The Constitution has made the following provisions to safeguard	and ensure the independence of CAG:
1. He is provided with the security of tenure. He can be	removed by the president only in accordance with the	procedure mentioned in the Constitution. Thus, he does not
hold his office till the pleasure of the president, though he is	appointed by him.	2. He is not eligible for further office, either under the
Government of India or of any state, after he ceases to hold	his office.	3. His salary and other service conditions are determined by
the Parliament. His salary is equal to that of a judge of the	Supreme Court3 .	4. Neither his salary nor his rights in respect of leave of
absence, pension or age of retirement can be altered to his	disadvantage after his appointment.	5. The conditions of service of persons serving in the Indian
Audit and Accounts Department and the administrative	powers of the CAG are prescribed by the president after	consultation with the CAG.

Provisions of Panchayats (Extension to the Scheduled

Areas) Act, 1996

(viii) Measures to be taken to reduce and ultimately eliminate the

practice of shifting cultivation by tribals that lead to their

continuous disempowerment and degradation of land and

the environment

REPORT OF THE COMMISSION

The Commission presents an annual report to the President. It

can also submit a report as and when it thinks necessary.

The President places all such reports before the Parliament,

along with a memorandum explaining the action taken on the

recommendations made by the Commission. The memorandum

should also contain the reasons for the non-acceptance of any of

such recommendations.

The President also forwards any report of the Commission

pertaining to a state government to the state governor. The

governor places it before the state legislature, along with a

memorandum explaining the action taken on the

recommendations of the Commission. The memorandum should

also contain the reasons for the non-acceptance of any of such

recommendations.

POWERS OF THE COMMISSION

The Commission is vested with the power to regulate its own

procedure.

The Commission, while investigating any matter or inquiring

into any complaint, has all the powers of a civil court trying a suit

and in particular in respect of the following matters:

(a) summoning and enforcing the attendance of any person from

any part of India and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record from any court or office;

(e) issuing summons for the examination of witnesses and

documents; and

(f) any other matter which the President may determine.

The Central government and the state governments are

required to consult the Commission on all major policy matters

affecting the STs.

NOTES AND REFERENCES

1. Article 338-A is contained in Part XVI entitled as

‘Special Provisions Relating to Certain Classes’. This

Article was inserted by the 89th Constitutional

Amendment Act of 2003.

2. The Act came into force on 12–03-1992.

3. The constitutional safeguards for the SCs and STs are

explained in Chapter 68.

4. The Ministry of Social Justice and Empowerment co-

ordinates all activities relating to the SCs.

5. The Act came into force on 19–02-2004.

6. Under the Rules, they hold office for a term of three

years.

49 National Commission for BCs

ESTABLISHMENT OF THE COMMISSION

In the Mandal case1 judgement (1992), the Supreme Court

directed the central government to constitute a permanent

statutory body to examine the complaints of underinclusion, over-

inclusion or non-inclusion of any class of citizens in the list of

backward classes. Accordingly, the National Commission for

Backward Classes (NCBC) was set up in 19932 .

Later, the 102nd Amendment Act of 2018 conferred a

constitutional status on the Commission. For this purpose, the

amendment inserted a new Article 338-B in the constitution.

Hence, the Commission ceased to be a statutory body and

became a constitutional body3 .

Further, the scope of functions assigned to the Commission is

also enlarged under the new dispensation. This was done in order

to safeguard the interests of the socially and educationally

backward classes more effec-tively4. In other words, the

constitutional status of the new Commission is at par with the

National Commission for Scheduled Castes (NCSC) and the

National Commission for Scheduled Tribes (NCST).

The Commission consists of a chairperson, a vice-chairperson

and three other members. They are appointed by the President by

warrant under his hand and seal. Their conditions of service and

tenure of office are also determined by the President5 .

FUNCTIONS OF THE COMMISSION

The functions of the Commission are the following:

(a) To investigate and monitor all matters relating to the

constitutional and other legal safeguards for the socially and

educationally backward classes and to evaluate their

working.

(b) To inquire into specific complaints with respect to the

deprivation of rights and safeguards of the socially and

educationally backward classes.

(c) To participate and advise on the socioeconomic development

of the socially and educationally backward classes and to

evaluate the progress of their development under the Union

or a state.

(d) To present to the President, annually and at such other times

as it may deem fit, reports upon the working of those

safeguards.

(e) To make recommendations as to the measures that should

be taken by the Union or a state for the effective

implementation of those safeguards and other measures for

the protection, welfare and socio-economic development of

the socially and educationally backward classes.

(f) To discharge such other functions in relation to the protection,

welfare, development and advancement of the socially and

educationally backward classes as the President may

REPORT OF THE COMMISSION

The Commission presents an annual report to the President. It

can also submit a report as and when it thinks necessary.

The President places all such reports before the Parliament,

along with a memorandum explaining the action taken on the

recommendations made by the Commission. The memorandum

should also contain the reasons for the non-acceptance of any of

such recommendations.

The President also forwards any report of the Commission

pertaining to a state government to the state government. The

government places it before the state legislature, along with a

memorandum explaining the action taken on the

recommendations of the Commission. The memorandum should

also contain the reasons for the non-acceptance of any of such

recommendations.

POWERS OF THE COMMISSION

The Commission is vested with the power to regulate its own

procedure.

The Commission, while investigating any matter or enquiring

into any complaint, has all the powers of a civil court trying a suit

and in particular in respect of the following matters:

(a) Summoning and enforcing the attendance of any person

from any part of India and examining him on oath

(b) Requiring the discovery and production of any document

(c) Receiving evidence on affidavits

(d) Requisitioning any public record from any court or office

(e) Issuing summons for the examination of witnesses and

documents

(f) Any other matter which the President may determine

The central government and the state governments are

required to consult the Commission on all major policy matters

affecting the socially and educationally backward classes.

NOTES AND REFERENCES

1. Indra Sawhney Vs. Union of India (1992).

2. Vide the National Commission for Backward Classes

Act, 1993.

3. The National Commission for Backward Classes

(Repeal) Act, 2018, repealed the National Commission

for Backward Classes Act, 1993.

4. The 102nd Amendment Act of 2018 inserted a new

Article 342-A enabling the President to specify the

socially and educationally backward classes.

50 Special Officer for Linguistic

Minorities

CONSTITUTIONAL PROVISIONS

Originally, the Constitution of India did not make any provision with

respect to the Special Officer for Linguistic Minorities1. Later, the

States Reorganisation Commission (1953–55) made a

recommendation in this regard. Accordingly, the Seventh

Constitutional Amendment Act of 1956 inserted a new Article 350-

B in Part XVII of the Consti-tution2. This article contains the

following provisions:

1. There should be a Special Officer for Linguistic Minorities.

He is to be appointed by the President of India.

2. It would be the duty of the Special Officer to investigate all

matters relating to the safeguards provided for linguistic

minorities under the Constitution3. He would report to the

President upon those matters at such intervals as the

President may direct. The President should place all such

reports before each House of Parliament and send to the

governments of the states concerned.

It must be noted here that the Constitution does not specify the

qualifications, tenure, salaries and allowances, service conditions

COMMISSIONER FOR LINGUISTIC MINORITIES

In pursuance of the provision of Article 350-B of the Constitution,

the office of the Special Officer for Linguistic Minorities was

created in 1957. He is designated as the Commissioner for

Linguistic Minorities.

The Commissioner has his headquarters at Allahabad (Uttar

Pradesh). He has three regional offices at Belgaum (Karnataka),

Chennai (Tamil Nadu) and Kolkata (West Bengal). Each is headed

by an Assistant Commissioner.

The Commissioner is assisted at headquarters by Deputy

Commissioner and an Assistant Commissioner. He maintains

liaison with the State Governments and Union Territories through

nodal officers appointed by them.

At the Central level, the Commissioner falls under the Ministry

of Minority Affairs. Hence, he submits the annual reports or other

ROLE OF THE COMMISSIONER

The Commissioner takes up all the matters pertaining to the

grievances arising out of the non-implementation of the

Constitutional and Nationally Agreed Scheme of Safeguards

provided to linguistic minorities that come to its notice or are

brought to its knowledge by the linguistic minority individuals,

groups, associations or organisations at the highest political and

administrative levels of the state governments and UT

administrations and recommends remedial actions to be taken5 .

To promote and preserve linguistic minority groups, the Ministry

of Minority Affairs has requested the State Governments / Union

Territories to give wide publicity to the constitutional safeguards

provided to linguistic minorities and to take necessary

administrative measures. The state governments and UT

Administrations were urged to accord priority to the

implementation of the scheme of safeguards for linguistic

minorities. The Commissioner launched a 10 point programme to

lend fresh impetus to Governmental efforts towards the

VISION AND MISSION

The vision and mission of the Commissioner are mentioned here.7

Vision

Streamlining and strengthening implementation machinery and

mechanism for effective implementation of the Constitutional

safeguards for the Linguistic Minorities, thereby ensuring

protection of the rights of speakers of the minority languages so

as to provide them equal opportunities for inclusive and integrated

development.

Mission

To ensure that all the states / U.T.s effectively implement the

Constitutional safeguards and the nationally agreed scheme of

FUNCTIONS AND OBJECTIVES

In more detail, the functions and objectives of the Commissioner

are as follows8 :

Functions

1. To investigate all matters related to safeguards provided to

the linguistic minorities

2. To submit to the President of India, the reports on the status

of implementation of the Constitutional and the nationally

agreed safeguards for the linguistic minorities

3. To monitor the implementation of safeguards through

questionnaires, visits, conferences, seminars, meetings,

review mechanism, etc

Objectives

1. To provide equal opportunities to the linguistic minorities for

inclusive development and national integration

2. To spread awareness amongst the linguistic minorities about

the safeguards available to them

3. To ensure effective implementation of the safeguards

provided for the linguistic minorities in the Constitution and

other safeguards, which are agreed to by the states / U.T.s

4. To handle the representations for redress of grievances

related to the safeguards for linguistic minorities

NOTES AND REFERENCES

1. A linguistic minority is a group of people whose mother

tongue is different from that of the majority in the state

or part of a state. Thus, the linguistic minorities are

determined on a state-wise basis.

2. Part XVII is entitled as ‘Official Language’ and consists

of four chapters. Article 350-B is contained in the fourth

chapter entitled as ‘Special Directives’.

3. The constitutional safeguards for linguistic minorities

are explained in Chapter 65.

4. So far, 52 reports have been presented.

5. India 2013, Publications Division, Government of India,

p. 1012.

6. Annual Report 2011–2012, Ministry of Minority Affairs,

Government of India, p. 38.

7. 47th Report of the Commissioner for Linguistic

Minorities, July 2008 to June 2010, p. 222.

51 Comptroller and Auditor General of

India

T

he Constitution of India (Article 148) provides for an

independent office of the Comptroller and Auditor General

of India (CAG). He is the head of the Indian Audit and

Accounts Department1. He is the guardian of the public purse and

controls the entire financial system of the country at both the

levels–the Centre and the state. His duty is to uphold the

Constitution of India and laws of Parliament in the field of financial

administration. This is the reason why Dr. B.R. Ambedkar said

that the CAG shall be the most important Officer under the

Constitution of India2. He is one of the bulwarks of the democratic

system of government in India; the others being the Supreme

Court, the Election Commission and the Union Public Service

APPOINTMENT AND TERM

The CAG is appointed by the president of India by a warrant

under his hand and seal. The CAG, before taking over his office,

makes and subscribes before the president an oath or affirmation:

1. to bear true faith and allegiance to the Constitution of India;

2. to uphold the sovereignty and integrity of India;

3. to duly and faithfully and to the best of his ability, knowledge

and judgement perform the duties of his office without fear or

favour, affection or ill-will; and

4. to uphold the Constitution and the laws.

He holds office for a period of six years or upto the age of 65

years, whichever is earlier. He can resign any time from his office

by addressing the resignation letter to the president. He can also

be removed by the president on same grounds and in the same

manner as a judge of the Supreme Court. In other words, he can

be removed by the president on the basis of a resolution passed

to that effect by both the Houses of Parliament with special

majority, either on the ground of proved misbehaviour or

INDEPENDENCE

The Constitution has made the following provisions to safeguard

and ensure the independence of CAG:

1. He is provided with the security of tenure. He can be

removed by the president only in accordance with the

procedure mentioned in the Constitution. Thus, he does not

hold his office till the pleasure of the president, though he is

appointed by him.

2. He is not eligible for further office, either under the

Government of India or of any state, after he ceases to hold

his office.

3. His salary and other service conditions are determined by

the Parliament. His salary is equal to that of a judge of the

Supreme Court3 .

4. Neither his salary nor his rights in respect of leave of

absence, pension or age of retirement can be altered to his

disadvantage after his appointment.

5. The conditions of service of persons serving in the Indian

Audit and Accounts Department and the administrative

powers of the CAG are prescribed by the president after

consultation with the CAG.